82 FR 49128 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Pennsylvania's Adoption of Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 204 (October 24, 2017)
Federal Register Volume 82, Issue 204 (October 24, 2017)
| Page Range | 49128-49132 | |
| FR Document | 2017-22942 |
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)] [Rules and Regulations] [Pages 49128-49132] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22942] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0342; FRL-9969-83-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Pennsylvania's Adoption of Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Pennsylvania's state implementation plan (SIP). The revision includes the addition to the SIP of amendments to the Pennsylvania Department of Environmental Protection's (PADEP) regulations and addresses the requirement to adopt reasonably available control technology (RACT) for sources covered by EPA's control techniques guidelines (CTG) standards for automobile and light-duty assembly coatings. This action is being taken under the Clean Air Act (CAA). DATES: This rule is effective on December 26, 2017 without further notice, unless EPA receives adverse written comment by November 24, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2017-0342 at https://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from [[Page 49129]] Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, (215) 814-2021, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Ground level ozone is formed in the atmosphere by photochemical reactions between volatile organic compounds (VOCs), nitrogen oxides (NOX ), and carbon monoxide (CO) in the presence of sunlight. In order to reduce ozone concentrations in the ambient air, the CAA requires all nonattainment areas to apply control on VOC and NOX emission sources to achieve emission reductions. Among effective control measures, RACT controls significantly reduce VOC and NOX emissions from major stationary sources. NOX and VOC are referred to as ozone precursors and are emitted by many types of pollution sources, including motor vehicles, power plants, industrial facilities, and area wide sources, such as consumer products and lawn and garden equipment. Scientific evidence indicates that adverse public health effects occur following exposure to ozone. These effects are more pronounced in children and adults with lung disease. Breathing air containing ozone can reduce lung function and inflame airways, which can increase respiratory symptoms and aggravate asthma or other lung diseases. RACT is defined as the lowest emission limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility (44 FR 53761 at 53762, September 17, 1979). Section 182 of the CAA sets forth two separate RACT requirements for ozone nonattainment areas. The first requirement, contained in section 182(a)(2)(A) of the CAA, and referred to as RACT fix-up, requires the correction of RACT rules for which EPA identified deficiencies before the CAA was amended in 1990. Pennsylvania previously corrected its deficiencies under the 1-hour ozone standard and has no further deficiencies to correct under this section of the CAA. The second requirement, set forth in section 182(b)(2) of the CAA, applies to moderate (or worse) ozone nonattainment area as well as to marginal and attainment areas in ozone transport regions (OTRs) established pursuant to section 184 of the CAA, and requires these areas to implement RACT controls on all major VOC and NOX emission sources and on all sources and source categories covered by a CTG issued by EPA.\1\ See CAA section 182(b)(2) and 184(b). --------------------------------------------------------------------------- \1\ CTGs are documents issued by EPA intended to provide state and local air pollution control authorities information to assist them in determining RACT for VOC from various sources. The recommendations in the CTG are based upon available data and information and may not apply to a particular situation based upon the circumstances. States can follow the CTG and adopt state regulations to implement the recommendations contained therein, or they can adopt alternative approaches. In either case, states must submit their RACT rules to EPA for review and approval as part of the SIP process. Pursuant to section 184(b)(1)(B) of the CAA, all areas in the OTR must implement RACT with respect to sources of VOCs in the state covered by a CTG issued before or after November 15, 1990. --------------------------------------------------------------------------- On November 18, 2016, the Pennsylvania Department of Environmental Protection (PADEP) submitted a formal revision to the Commonwealth of Pennsylvania's SIP. The SIP revision consists of the adoption of EPA's CTG for automobile and light duty assembly coatings. The new regulation reflecting this adoption can be found under 25 Pa. Code Chapter 129-- Standards for Sources. Specifically, this revision adds to the SIP 25 Pa. Code Sec. 129.52e which adopts the RACT requirements for automobile and light-duty assembly coatings and covers heavier vehicle coating operations as well. The revision also includes changes to 25 Pa. Code Sec. 129.51 to accommodate alternative compliance methods for the adopted CTG. Section 172(c)(1) of the CAA provides that SIPs for nonattainment areas must include reasonably available control measures (RACM), including RACT, for sources of emissions. Section 182(b)(2)(A) provides that for certain nonattainment areas, states must revise their SIPs to include RACT for sources of VOC emissions covered by a CTG issued after November 15, 1990 and prior to the area's date of attainment. EPA defines RACT as ``the lowest emission limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.'' (44 FR 53761, Sept. 17, 1979). In subsequent Federal Register notices, EPA has addressed how states can meet the RACT requirements of the CAA. In June 1977, EPA published a CTG for automobile and light-duty truck assembly coatings (EPA-450/2-77-008). This CTG discusses the nature of VOC emissions from this industry, available control technologies for addressing such emissions, the costs of available control options, and other items. EPA also published a national emission standard for hazardous air pollutants (NESHAP) for surface coating of automobiles and light-duty trucks in 2004 (40 CFR part 63, subpart IIII). In 2008, after conducting a review of currently existing state and local VOC emission reduction approaches for this industry, reviewing the 1977 CTG and the NESHAP for this industry, and considering the information that has become available since then, EPA developed a new CTG for automobile and light-duty truck assembly coatings, entitled Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings (Publication No. EPA 453/R-08-006). Pennsylvania's SIP revision submittal addresses the adoption of EPA's 2008 CTG for automobile and light-duty truck assembly coatings. II. Summary of SIP Revision and EPA Analysis EPA's CTG for automobiles and light-duty truck assembly coatings includes recommendations to reduce VOC emissions. These recommendations include VOC emissions limits for coating operations; work practices for storage and handling of coatings, thinners, and coating waste materials; and work practices for the handling and use of cleaning materials. The emission limits for coating processes covered by this CTG are found in Table 1 of the technical support document (TSD) which EPA prepared supporting this [[Page 49130]] rulemaking.\2\ Table 1, includes emission limits expressed in kilograms of VOC per liter (kg VOC/liter) and pounds of VOC per gallon (lbs VOC/ gal). The emission limits for the miscellaneous materials used at coating facilities are found in Table 2 of the TSD. Table 2 includes emission limits expressed in grams of VOC per liter (g VOC/liter). Additional information regarding this CTG can be found in the TSD found in the docket for this rulemaking and available online at www.regulations.gov. --------------------------------------------------------------------------- \2\ The TSD is available in the docket for this proposed rulemaking and available online at www.regulations.gov. --------------------------------------------------------------------------- PADEP's submittal presented the regulatory revisions undertaken to adopt EPA's CTG for automobile and light-duty truck coatings. PADEP revised 25 Pa. Code Chapter 129--Standards for Sources to adopt the aforementioned CTG. The revisions include the addition of Sec. 129.52e which adopts the RACT requirements for automobile and light-duty truck assembly coatings as stated by EPA in the relevant CTG for this category of sources. The revision also includes updates to 25 Pa. Code Sec. 129.51 to accommodate alternative compliance methods for the adopted CTG. Additional information regarding PADEP's submittal can be found within the TSD and state submittal which are both located in this docket and available online at www.regulations.gov. EPA reviewed PADEP's submittal and found that the regulatory changes reflect EPA's CTG for automobile and light-duty trucks. The emission limits for the coating processes as well as the emission limits for the miscellaneous materials used during coating processes are consistent with those recommended in EPA's CTG. Additionally, the regulatory changes address EPA's recommended work practices. EPA notes that under 25 Pa. Code Sec. 129.52e(c), Existing RACT permit, PADEP is allowing the provisions of Sec. 129.52e to supersede the requirements of a RACT permit previously issued under 25 Pa. Code Sec. Sec. 129.91-129.95 if the permit was issued prior to January 1, 2017 and to the extent that the RACT permit contains less stringent requirements than those in 25 Pa. Code Sec. 129.52e. EPA further notes that the RACT permits issued under Sec. Sec. 129.91-129.95 were issued for previous RACT determinations on a case-by-case basis; these permits would then have been submitted to EPA as source-specific SIP revisions and would likely have been approved by EPA for inclusion into the Pennsylvania SIP. If EPA approved those source-specific RACT determinations as meeting the requirements of RACT under the CAA, then the permits associated with those determinations were approved into the SIP and would have been identified at 40 CFR 52.2020(d). To the extent that the provisions of Sec. 129.52e are more stringent than those of a previous SIP-approved permit, PADEP may make a source-specific determination as to whether the requirements of the previous RACT permit apply, or those of Sec. 129.52e. If PADEP chooses to make such a determination to remove prior case-by-case RACT limits from the SIP, such revision must be submitted to EPA as a SIP revision in order to remove the previously approved permit from the SIP and must meet requirements under CAA section 110(l). Otherwise, the previously approved RACT limits (even if less stringent) remain applicable requirements for sources subject now to the more stringent CTG also. Until such a SIP revision is made, the requirements of 25 Pa. Code 129.52e and the SIP-approved case by case RACT requirements both apply and EPA cannot remove the source-specific permits from the SIP. EPA is not taking any such action in this rulemaking to remove previously approved RACT permits and thus the requirements of a previously SIP- approved permit still apply until such permit is removed from the SIP even if the new limits, reflected in this CTG that Pennsylvania has adopted, are more stringent. III. Final Action EPA is approving the revision to Pennsylvania's SIP which adopts EPA's CTG for automobile and light-duty truck coatings because Pennsylvania's regulation incorporates the requirements of the CTG and thus meets requirements in CAA sections 110 and 184(b). EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ``Proposed Rules'' section of today's Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on December 26, 2017 without further notice unless EPA receives adverse comment by November 24, 2017. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of 25 Pa. Code Chapter 129--Standards for Sources, Sections 129.51 and 129.52e. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update of the SIP compilation.\3\ --------------------------------------------------------------------------- \3\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities [[Page 49131]] under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 26, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action, in which Pennsylvania adopts EPA's CTG for automobile and light-duty truck assembly coatings, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 26, 2017. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart NN--Pennsylvania 0 2. In Sec. 52.2020, the table in paragraph (c)(1) is amended by revising the entry for ``Section 129.51'' and adding an entry for ``Section 129.52e'' after ``Section 129.52d'' to read as follows: Sec. 52.2020 Identification of plan. * * * * * (c) * * * (1) * * * ---------------------------------------------------------------------------------------------------------------- State Additional State citation Title/subject effective EPA approval date explanation/ Sec. date 52.2063 citation ---------------------------------------------------------------------------------------------------------------- Title 25--Environmental Protection Article III--Air Resources ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 129.51................ General.............. 10/22/16 10/24/17 [Insert Amendments add Federal Register alternative citation]. compliance methods for the requirements of Section 129.52e. Previous approval dated 6/25/2015. * * * * * * * Section 129.52e............... Control of VOC 10/22/16 10/24/17 [Insert New section is added. emissions from Federal Register This section does automobile and light- citation]. not remove or duty truck assembly replace any permits coating operations approved under and heavier vehicle 52.2020(d). coating operations. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 49132]] * * * * * [FR Doc. 2017-22942 Filed 10-23-17; 8:45 am] BILLING CODE 6560-50-P
![49128 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations
5. Be sent by an eDoc submitter than the 0.5 percent error threshold, as 5. Be sent by an eDoc submitter
maintaining 95 percent Full Service determined by an analysis of the data maintaining 95 percent Full Service
compliance to remain eligible for this captured by mail processing equipment. compliance to remain eligible for this
service and undergo periodic Postal b. Each mailpiece with addresses service and undergo periodic USPS re-
Service re-evaluation. containing COA errors in excess of the evaluation.
* * * * * error threshold will be assessed the * * * * *
Move Update assessment charge. We will publish an appropriate
4.2.8 Address Correction Service Fee c. Supporting details are described in amendment to 39 CFR part 111 to reflect
[Revise 507.4.2.8 by deleting the old Publication 685, Publication for these changes.
language and replacing with new Streamlined Mail Acceptance for Letters
language as follows:] and Flats, available at Stanley F. Mires,
ACS fees would be assessed as www.postalpro.usps.com. Attorney, Federal Compliance.
follows: [Revise 602.5.4 as follows:] [FR Doc. 2017–22962 Filed 10–23–17; 8:45 am]
a. The applicable fee for address BILLING CODE 7710–12–P
5.4 Mailer Certification
correction is charged for each separate
notification of address correction or the The mailer’s signature on the postage
reason for nondelivery provided, unless statement or electronic confirmation
ENVIRONMENTAL PROTECTION
an exception applies. during eDoc submission certifies that
AGENCY
b. Once the ACS fee charges have the Move Update standard has been met
been invoiced, any unpaid fees for the for the address records including each 40 CFR Part 52
prior invoice cycle (month) would be address in the corresponding mailing
assessed an annual administrative fee of presented to the USPS. [EPA–R03–OAR–2017–0342; FRL–9969–83–
10 percent for the overdue amount. Region 3]
* * * * *
c. Mailers who present at least 95
percent of their eligible First-Class Mail 700 Special Standards Approval and Promulgation of Air
and USPS Marketing Mail volume as Quality Implementation Plans;
* * * * * Pennsylvania; Pennsylvania’s
Full Service in a calendar month would
receive electronic address correction 705 Advanced Preparation and Adoption of Control Techniques
notices for their qualifying Basic Special Postage Payment Systems Guidelines for Automobile and Light-
automation and non-automation First- Duty Truck Assembly Coatings
* * * * *
Class Mail and USPS Marketing Mail AGENCY: Environmental Protection
mailpieces, as specified in 4.2.2. The 23.0 Full Service Automation Option
Agency (EPA).
electronic address correction notices are * * * * * ACTION: Direct final rule.
charged at the applicable Full Service
23.5 Additional Standards
address correction fee for all future SUMMARY: The Environmental Protection
billing cycles. * * * * * Agency (EPA) is taking direct final
* * * * * 23.5.2 Address Correction Notices action to approve a revision to the
Commonwealth of Pennsylvania’s state
600 Basic Mailing Standards for All * * * * * implementation plan (SIP). The revision
Mailing Services [Revise 705.23.5.2a as follows:] includes the addition to the SIP of
* * * * * a. Address correction notices would amendments to the Pennsylvania
be provided at the applicable Full Department of Environmental
602 Addressing Service address correction fee for letters Protection’s (PADEP) regulations and
* * * * * and flats eligible for the Full Service addresses the requirement to adopt
option, except for USPS Marketing Mail reasonably available control technology
5.0 Move Update Standards ECR flats, BPM flats dropshipped to (RACT) for sources covered by EPA’s
* * * * * DDUs, or BPM carrier route flats. control techniques guidelines (CTG)
[Revise 602.5.3 by deleting former Mailers who present at least 95 percent standards for automobile and light-duty
contents and replacing with new title of their eligible First-Class Mail and assembly coatings. This action is being
and contents as follows:] USPS Marketing Mail volume as Full taken under the Clean Air Act (CAA).
Service in a calendar month would
5.3 Move Update Verification receive electronic address correction DATES: This rule is effective on
Mailers who submit any Full Service notices for their qualifying Basic December 26, 2017 without further
volume in a calendar month will be automation and non-automation First- notice, unless EPA receives adverse
verified pursuant to the Address Quality Class Mail and USPS Marketing written comment by November 24,
Census Measurement and Assessment mailpieces charged at the applicable 2017. If EPA receives such comments, it
Process beginning in the next calendar Full Service address correction fee for will publish a timely withdrawal of the
month. First-Class Mail and USPS future billing cycles. The Basic direct final rule in the Federal Register
Marketing Mail letter and flat-size automation and non-automation First- and inform the public that the rule will
mailpieces with addresses that have not Class Mail and USPS Marketing Mail not take effect.
been updated in accordance with the mailpieces must: ADDRESSES: Submit your comments,
Move Update Standard will be subject 1. Bear a unique IMb printed on the identified by Docket ID No. EPA–R03–
pmangrum on DSK3GDR082PROD with RULES
to the Move Update assessment charge, mailpiece. OAR–2017–0342 at https://
if submitted via eDoc with unique Basic 2. Include a Full Service or OneCode www.regulations.gov, or via email to
or Full Service IMbs. The Move Update ACS STID in the IMb. stahl.cynthia@epa.gov. For comments
assessment charge will be assessed if: 3. Include the unique IMb in eDoc. submitted at Regulations.gov, follow the
a. The percent of all qualifying 4. Be sent by an eDoc submitter online instructions for submitting
mailpieces submitted in a calendar providing accurate Mail Owner comments. Once submitted, comments
month that have a COA error is greater identification in eDoc. cannot be edited or removed from
VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1](https://thefederalregister.org/doc/82_FR_49332/page/1.svg)
![Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 49131
under the Regulatory Flexibility Act (5 B. Submission to Congress and the review of this direct final rule, so that
U.S.C. 601 et seq.); Comptroller General EPA can withdraw this direct final rule
• does not contain any unfunded The Congressional Review Act, 5 and address the comment in the
mandate or significantly or uniquely U.S.C. 801 et seq., as added by the Small proposed rulemaking action. This
affect small governments, as described Business Regulatory Enforcement action, in which Pennsylvania adopts
Fairness Act of 1996, generally provides EPA’s CTG for automobile and light-
in the Unfunded Mandates Reform Act
that before a rule may take effect, the duty truck assembly coatings, may not
of 1995 (Pub. L. 104–4);
agency promulgating the rule must be challenged later in proceedings to
• does not have federalism submit a rule report, which includes a enforce its requirements. (See section
implications as specified in Executive copy of the rule, to each House of the 307(b)(2)).
Order 13132 (64 FR 43255, August 10, Congress and to the Comptroller General
1999); List of Subjects in 40 CFR Part 52
of the United States. EPA will submit a
• is not an economically significant report containing this action and other Environmental protection, Air
regulatory action based on health or required information to the U.S. Senate, pollution control, Incorporation by
safety risks subject to Executive Order the U.S. House of Representatives, and reference, Nitrogen oxides, Ozone,
13045 (62 FR 19885, April 23, 1997); the Comptroller General of the United Reporting and recordkeeping
States prior to publication of the rule in requirements, Volatile organic
• is not a significant regulatory action the Federal Register. A major rule compounds.
subject to Executive Order 13211 (66 FR cannot take effect until 60 days after it Dated: September 26, 2017.
28355, May 22, 2001); is published in the Federal Register. Cecil Rodrigues,
• is not subject to requirements of This action is not a ‘‘major rule’’ as Acting Regional Administrator, Region III.
Section 12(d) of the National defined by 5 U.S.C. 804(2).
Technology Transfer and Advancement 40 CFR part 52 is amended as follows:
C. Petitions for Judicial Review
Act of 1995 (15 U.S.C. 272 note) because
Under section 307(b)(1) of the CAA, PART 52—APPROVAL AND
application of those requirements would
petitions for judicial review of this PROMULGATION OF
be inconsistent with the CAA; and IMPLEMENTATION PLANS
action must be filed in the United States
• does not provide EPA with the Court of Appeals for the appropriate
discretionary authority to address, as circuit by December 26, 2017. Filing a ■ 1. The authority citation for part 52
appropriate, disproportionate human petition for reconsideration by the continues to read as follows:
health or environmental effects, using Administrator of this final rule does not Authority: 42 U.S.C. 7401 et seq.
practicable and legally permissible affect the finality of this action for the
methods, under Executive Order 12898 purposes of judicial review nor does it Subpart NN—Pennsylvania
(59 FR 7629, February 16, 1994). extend the time within which a petition
for judicial review may be filed, and ■ 2. In § 52.2020, the table in paragraph
In addition, this rule does not have
shall not postpone the effectiveness of (c)(1) is amended by revising the entry
tribal implications as specified by for ‘‘Section 129.51’’ and adding an
such rule or action. Parties with
Executive Order 13175 (65 FR 67249, entry for ‘‘Section 129.52e’’ after
objections to this direct final rule are
November 9, 2000), because the SIP is ‘‘Section 129.52d’’ to read as follows:
encouraged to file a comment in
not approved to apply in Indian country response to the parallel notice of
located in the state, and EPA notes that § 52.2020 Identification of plan.
proposed rulemaking for this action
it will not impose substantial direct published in the proposed rules section * * * * *
costs on tribal governments or preempt of today’s Federal Register, rather than (c) * * *
tribal law. file an immediate petition for judicial (1) * * *
State Additional explanation/
State citation Title/subject effective EPA approval date § 52.2063 citation
date
Title 25—Environmental Protection Article III—Air Resources
* * * * * * *
Section 129.51 ...... General ......................................... 10/22/16 10/24/17 [Insert Federal Register Amendments add alternative com-
citation]. pliance methods for the require-
ments of Section 129.52e. Pre-
vious approval dated 6/25/2015.
* * * * * * *
Section 129.52e .... Control of VOC emissions from 10/22/16 10/24/17 [Insert Federal Register New section is added. This sec-
automobile and light-duty truck citation]. tion does not remove or replace
assembly coating operations any permits approved under
and heavier vehicle coating op- 52.2020(d).
pmangrum on DSK3GDR082PROD with RULES
erations.
* * * * * * *
VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1](https://thefederalregister.org/doc/82_FR_49332/page/4.svg)
![49132 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations
* * * * * will not institute a second comment U.S.-certified motor vehicle, 49 U.S.C.
[FR Doc. 2017–22942 Filed 10–23–17; 8:45 am] period on this action. 30141(a)(1)(B) permits a nonconforming
BILLING CODE 6560–50–P Dated: October 18, 2017. motor vehicle to be admitted into the
E. Scott Pruitt,
United States if its safety features
comply with, or are capable of being
ENVIRONMENTAL PROTECTION Administrator.
altered to comply with, all applicable
AGENCY ■ Accordingly, the amendments to the FMVSS based on destructive test data or
rule published on July 27, 2017 (82 FR such other evidence as the Secretary of
40 CFR Part 63 34858), are withdrawn as of October 24, Transportation decides to be adequate.
2017. Under 49 U.S.C. 30141(a)(1), import
[EPA–HQ–OAR–2010–1042; FRL–9970–08–
[FR Doc. 2017–23054 Filed 10–23–17; 8:45 am] eligibility decisions may be made ‘‘on
OAR]
BILLING CODE 6560–50–P the initiative of the Secretary of
RIN 2060–AT58 Transportation or on petition of a
manufacturer or importer registered
National Emission Standards for DEPARTMENT OF TRANSPORTATION under [49 U.S.C. 30141(c)].’’ The
Hazardous Air Pollutants for Wool Secretary’s authority to make these
Fiberglass Manufacturing; Flame National Highway Traffic Safety decisions has been delegated to NHTSA.
Attenuation Lines Administration The agency publishes notices of
eligibility decisions as they are made.
AGENCY: Environmental Protection 49 CFR Part 593 Under 49 U.S.C. 30141(b)(2), a list of
Agency (EPA). all vehicles for which import eligibility
[Docket No. NHTSA–2017–0061]
ACTION: Withdrawal of direct final rule. decisions have been made must be
List of Nonconforming Vehicles published annually in the Federal
SUMMARY: Because the Environmental Register. On October 1, 1996, NHTSA
Protection Agency (EPA) received Decided To Be Eligible for Importation
added the list as an appendix to 49 CFR
adverse comment, we are withdrawing AGENCY: National Highway Traffic part 593, the regulations that establish
the direct final rule for the National Safety Administration (NHTSA), procedures for import eligibility
Emission Standards for Hazardous Air Department of Transportation (DOT). decisions (61 FR 51242). As described
Pollutants for Wool Fiberglass ACTION: Final rule. in the notice, NHTSA took that action
Manufacturing; Flame Attenuation to ensure that the list is more widely
Lines, published on July 27, 2017. SUMMARY: This document revises the list disseminated to government personnel
DATES: Effective October 24, 2017, the of vehicles not originally manufactured who oversee vehicle imports and to
EPA withdraws the direct final rule to conform to the Federal Motor Vehicle interested members of the public. See 61
published at 82 FR 34858, on July 27, Safety Standards (FMVSS) that NHTSA FR 51242–43. In the notice, NHTSA
2017. has decided to be eligible for expressed its intention to annually
FOR FURTHER INFORMATION CONTACT: For importation. This list is published in an revise the list as published in the
questions about this action, contact Mr. appendix to the agency’s regulations appendix to include any additional
Brian Storey, Sector Policies and that prescribe procedures for import vehicles decided by the agency to be
Programs Division (D243–04), Office of eligibility decisions. The list has been eligible for importation since the list
Air Quality Planning and Standards, revised to add all vehicles that NHTSA was last published. See 61 FR 51243.
U.S. Environmental Protection Agency, has decided to be eligible for The agency stated that issuance of the
Research Triangle Park, North Carolina importation since October 1, 2016, and document announcing these revisions
27711; telephone number: (919) 541– to remove all previously listed vehicles will fulfill the annual publication
1103; fax number: (919) 541–4991; and that are now more than 25 years old and requirements of 49 U.S.C. 30141(b)(2).
email address: storey.brian@epa.gov. need no longer comply with all Ibid.
applicable FMVSS to be lawfully
SUPPLEMENTARY INFORMATION: On July Regulatory Analyses and Notices
imported. NHTSA is required by statute
27, 2017, the EPA published a direct
to publish this list annually in the A. Executive Order 12866, Regulatory
final rule (82 FR 34858) and parallel
Federal Register. Planning and Review
proposal (82 FR 34910) to amend the
National Emission Standards for DATES: Effective October 24, 2017.
Executive Order 12866, ‘‘Regulatory
Hazardous Air Pollutants for Wool FOR FURTHER INFORMATION CONTACT: Planning and Review’’ (58 FR 51735,
Fiberglass Manufacturing to provide George Stevens, Office of Vehicle Safety October 4, 1993), provides for making
affected sources a 1-year extension to Compliance, NHTSA, (202) 366–5308. determinations about whether a
comply with the emission limits for SUPPLEMENTARY INFORMATION: Under 49 regulatory action is ‘‘significant’’ and
flame attenuation lines. We stated in U.S.C. 30141(a)(1)(A), a motor vehicle therefore subject to Office of
that direct final rule that if we received that was not originally manufactured to Management and Budget (OMB) review
adverse comment by August 28, 2017, conform to all applicable FMVSS shall and to the requirements of the Executive
the direct final rule would not take be refused admission into the United Order. The Executive Order defines a
effect and we would publish a timely States unless NHTSA has decided that ‘‘significant regulatory action’’ as one
withdrawal in the Federal Register. We the motor vehicle is substantially that is likely to result in a rule that may:
subsequently received adverse comment similar to a motor vehicle originally (1) Have an annual effect on the
pmangrum on DSK3GDR082PROD with RULES
on that direct final rule and are manufactured for sale in the United economy of $100 million or more or
withdrawing it. We will address those States, certified under 49 U.S.C. 30115, adversely affects in a material way the
comments in any subsequent final of the same model year as the model of economy, a sector of the economy,
action, which will be based on the the motor vehicle to be compared, and productivity, competition, jobs, the
parallel proposed rule also published on is capable of being readily altered to environment, public health or safety, or
July 27, 2017. As stated in the direct conform to all applicable FMVSS. State, local, or Tribal governments or
final rule and parallel proposed rule, we Where there is no substantially similar communities;
VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1](https://thefederalregister.org/doc/82_FR_49332/page/5.svg)
Document Created: 2018-10-25 10:08:30
Document Modified: 2018-10-25 10:08:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on December 26, 2017 without further notice, unless EPA receives adverse written comment by November 24, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Joseph Schulingkamp, (215) 814-2021, or by email at [email protected] | |
| FR Citation | 82 FR 49128 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Oxides; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR