83_FR_39755 83 FR 39600 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Adoption of Control Techniques Guidelines for Control of Volatile Organic Compound Emissions From Miscellaneous Metal Parts Surface Coating, Miscellaneous Plastic Parts Surface Coating, and Pleasure Craft Surface Coatings

83 FR 39600 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Adoption of Control Techniques Guidelines for Control of Volatile Organic Compound Emissions From Miscellaneous Metal Parts Surface Coating, Miscellaneous Plastic Parts Surface Coating, and Pleasure Craft Surface Coatings

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 155 (August 10, 2018)

Page Range39600-39605
FR Document2018-17078

The Environmental Protection Agency (EPA) is approving a revision to the Commonwealth of Pennsylvania's state implementation plan (SIP). The revision includes 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 the following categories: Miscellaneous metal parts surface coating, miscellaneous plastic parts surface coating, and pleasure craft surface coatings, as well as related cleaning activities. The SIP revision also amends regulations for graphic arts systems and mobile equipment repair and refinishing as well as making general administrative changes. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 155 (Friday, August 10, 2018)
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Rules and Regulations]
[Pages 39600-39605]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17078]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0437; FRL-9981-97--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Adoption of Control Techniques Guidelines for Control of 
Volatile Organic Compound Emissions From Miscellaneous Metal Parts 
Surface Coating, Miscellaneous Plastic Parts Surface Coating, and 
Pleasure Craft Surface Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Commonwealth of Pennsylvania's state implementation 
plan (SIP). The revision includes 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 the following categories: Miscellaneous 
metal parts surface coating, miscellaneous plastic parts surface 
coating, and pleasure craft surface coatings, as well as related 
cleaning activities. The SIP revision also amends regulations for 
graphic arts systems and mobile equipment repair and refinishing as 
well as making general administrative changes. This action is being 
taken under the Clean Air Act (CAA).

DATES: This final rule is effective on September 10, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0437. All documents in the docket are listed on 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
http://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Gregory A. Becoat, (215) 814 2036, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: On November 18, 2016, PADEP submitted a 
revision to the Pennsylvania SIP concerning the adoption of EPA's CTG 
for miscellaneous metal parts surface coating processes, miscellaneous 
plastic parts surface coating processes, and pleasure craft surface 
coatings. Specifically, PADEP has amended 25 Pennsylvania Code (Pa. 
Code) Chapter 129 (relating to standards for sources) to address RACT 
and further reduce volatile organic compounds (VOC) emissions in 
Pennsylvania. In accordance with sections 172(c)(1), 182(b)(2)(A) and 
184(b)(1)(B) of the CAA, Pennsylvania's SIP revision submittal 
establishes VOC emission limitations and other requirements consistent 
with the recommendations of EPA's 2008 Control Techniques Guidelines 
for Miscellaneous Metal and Plastic Parts Coatings (MMPP) (Publication 
No. EPA 453/R-08-003; September 2008) and Control Techniques Guidelines 
for Automobile and Light-Duty Truck Assembly Coatings for these sources 
in the Commonwealth of Pennsylvania (Publication No. EPA 453/R-08-006).

[[Page 39601]]

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 controls 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 in section 182(b)(2) of the CAA applies to moderate (or 
worse) ozone nonattainment areas, and pursuant to section 184(b)(1)(B), 
to all areas in a state that are included in an ozone transport region 
(OTR). Section 184 of the CAA includes all of Pennsylvania in the OTR. 
Sections 182(b)(2) and 184(b) require 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 sections 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.
---------------------------------------------------------------------------

    In subsequent Federal Register notices, EPA has addressed how 
states can meet the RACT requirements of the CAA. EPA developed the CTG 
for MMPP in September 2008 (Publication No. EPA 453/R-08-003) that 
provides guidelines with regard to feasible emission limitations and 
operating practices for a number of different surface coatings used 
within this large and diverse source category. The 2008 MMPP CTG 
recommends separate sets of emission limits for metal parts coatings, 
plastic parts coatings, automotive/transportation and business machine 
plastic parts, and pleasure craft, depending on the type of coating 
used by a particular source. The miscellaneous metal product and 
plastic parts surface coatings categories identified pursuant to 
section 183(e) of the CAA include the coatings that are applied to the 
surfaces of a varied range of metal and plastic parts and products. 
Such parts or products are constructed either entirely or partially 
from metal or plastic. These miscellaneous metal products and plastic 
parts include, but are not limited to, metal and plastic components of 
the following types of products as well as the products themselves: 
Fabricated metal products, molded plastic parts, small and large farm 
machinery, commercial and industrial machinery and equipment, 
automotive or transportation equipment, interior or exterior automotive 
parts, construction equipment, motor vehicle accessories, bicycles and 
sporting goods, toys, recreational vehicles, pleasure craft 
(recreational boats), extruded aluminum structural components, railroad 
cars, heavier vehicles, lawn and garden equipment, business machines, 
laboratory and medical equipment, electronic equipment, steel drums, 
metal pipes, and numerous other industrial and household products.
    The pleasure craft coating category does not include coatings that 
are a part of other product categories listed under Section 183(e) of 
the CAA for which CTGs have been published or included in other CTGs. 
For pleasure craft surface coatings, EPA took into account California 
regulations when developing the 2008 MMPP CTG. California was the only 
state at that time with regulations governing VOC emissions from 
pleasure craft surface coatings. After EPA finalized the 2008 MMPP CTG, 
the pleasure craft coatings industry asserted to EPA that three of the 
VOC emission limits in the CTG were too low considering the performance 
requirements of the pleasure craft coatings and that the VOC emission 
limits recommended did not represent RACT for the National pleasure 
craft coatings industry. On September 14, 2009, EPA was contacted by 
the pleasure craft coatings industry to reconsider some of the VOC 
emission limits recommended in the final 2008 MMPP CTG. In response, 
EPA issued a memorandum on June 1, 2010, entitled ``Control Technique 
Guidelines for Miscellaneous Metal and Plastic Part Coatings--Industry 
Request for Reconsideration,'' recommending that the pleasure craft 
industry work with state agencies during their RACT rule development 
process to assess what is reasonable for the specific sources 
regulated. EPA has stated that states can use the recommendations from 
the MMPP CTG to form their own determinations as to what constitutes 
RACT for pleasure craft coating operations. CTGs impose no legally 
binding requirements on any entity, including pleasure craft coating 
facilities. As stated in the memorandum, EPA will evaluate state-
developed RACT rules and determine whether the submitted rules meet the 
RACT requirements of the CAA.

II. Summary of SIP Revision and EPA Analysis

    On November 18, 2016, PADEP submitted a SIP revision which adopted 
the recommendations contained in the 2008 MMPP CTG with respect to 
sources in the miscellaneous metal products coatings and plastic parts 
coatings product categories. For the pleasure craft coating industry, 
after evaluating what is reasonable for this source category, PADEP 
determined that three VOC content limits in the CTG should be revised 
from the limits in the CTG to represent RACT for the pleasure craft 
coating industry. This is based on EPA's memorandum that the pleasure 
craft industry should work with state agencies during their RACT rule 
development process to assess what is reasonable for the specific 
sources regulated.
    The SIP revision includes an amendment to 25 Pa. Code Chapter 129--
(relating to standards for sources) as follows: (1) Amended section 
129.51(a)--(relating to general) in order

[[Page 39602]]

to extend applicability; (2) added section 129.52d--``Control of VOC 
emissions from miscellaneous metal parts surface coating processes, 
miscellaneous plastic parts surface coating processes and pleasure 
craft surface coatings,'' in order to regulate VOC emissions from these 
three categories; (3) amended section 129.52(g)--(relating to surface 
coating processes) in order to clarify record keeping and reporting 
requirements; (4) added section 129.52 subsection (k) in order to 
clarify the applicability of the requirements of section 129.52, Table 
I, Category 10 in 25 Pa. Code Chapter 129; (5) amended section 129.67 
(relating to graphic arts systems) in order to extend applicability; 
and (6) amended section 129.75 (relating to mobile equipment repair and 
refinishing) in order to specify exceptions for those who apply surface 
coating to mobile equipment already subject to requirements of sections 
129.52 and 129.52d. More detailed information on these provisions as 
well as a detailed summary of EPA's review and rationale for approving 
these SIP revisions can be found in the Technical Support Document 
(TSD) for this action, which is available on line at 
www.regulations.gov, Docket number EPA-R03-OAR-2017-0437.
    After evaluating the SIP revision submittal, EPA concluded that it 
meets CAA requirements under sections 110, 172(c)(1), 182(b)(2)(A), and 
184(b)(1) by adopting EPA's CTG and continuing to address and minimize 
VOC emissions in the Commonwealth of Pennsylvania, as discussed in more 
detail in EPA's TSD for this rulemaking action. PADEP is adopting 
without change most of the requirements recommended by the MMPP CTG but 
adopting the pleasure craft industry recommendations for the following 
three coating categories: Antifouling Sealer/Tiecoat; Other Substrate 
Antifoulant; and Extreme High Gloss. For these three categories, the 
Commonwealth of Pennsylvania reviewed industry data and determined that 
for the purpose of functionality, cost, and VOC emissions, the 
alternative limits adopted for these three coating categories 
constitute RACT. EPA concludes that Pennsylvania's approach is 
consistent with the guidance memorandum entitled, ``Control Technique 
Guidelines for Miscellaneous Metal and Plastic Part Coatings--Industry 
Request for Reconsideration,'' and therefore, concludes that these 
regulations reflect RACT given costs and VOC emissions. The revised VOC 
content limits for the pleasure craft surface coatings proposed by 
PADEP are expected to have a de minimis impact on the amount of VOC 
emission reductions from the implementation of the revised VOC limits 
due to having no facilities with the potential to emit VOC emissions 
for pleasure craft surface coatings.
    EPA notes that under 25 Pa. Code Sec. Sec.  129.52d, PADEP is 
allowing the provisions of 25 Pa. Code Sec.  129.52d 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, to the owner or operator of a source subject to section 
129.52d(a), except to the extent the RACT permit contains more 
stringent requirements. EPA further notes that the RACT permits issued 
under 25 Pa. Code Sec. Sec.  129.91-129.95 were issued for previous 
RACT determinations on a case-by-case basis; these permits were then 
submitted to EPA as source-specific SIP revisions and were previously 
acted on by EPA and would have been approved 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 as listed in 40 
CFR 52.2020(d). The requirements of the source-specific RACT 
determination which EPA approved into the Pennsylvania SIP remain 
applicable requirements for the specific source unless and until 
Pennsylvania seeks to remove the limits from the SIP in accordance with 
CAA section 110(l). To the extent that the provisions of 25 Pa. Code 
Sec.  129.52d are more stringent than those of a previous SIP-approved 
permit, PADEP will need to make a source-specific determination as to 
whether the requirements of the previous RACT permit apply, or those of 
Sec.  129.52d, and submit that determination to EPA as a SIP revision 
in order to remove the previously approved permit from the SIP. Until 
such a SIP revision is made, EPA cannot remove the source-specific 
permits from the SIP and EPA is not taking such action in this 
rulemaking. Thus, the requirements of a previously SIP-approved permit 
are not superseded under the SIP. In accordance with section 110 of the 
CAA including 110(a) and 110(l), EPA determines that approval of this 
PADEP SIP revision will not interfere with reasonable further progress, 
attainment of any NAAQS or any other applicable CAA requirements.
    On October 16, 2017 (82 FR 48034 and 82 FR 47988), EPA 
simultaneously published a notice of proposed rulemaking (NPR) and a 
direct final rule (DFR) for the Commonwealth of Pennsylvania approving 
the SIP revision. EPA received five adverse comments on the rulemaking 
and withdrew the DFR prior to the effective date of December 15, 2017.

III. Response to Comments

    During the comment period, EPA received several anonymous comments 
on the rulemaking. Of the comments, one comment generally discussed 
greenhouse gas from electric vehicles, a second comment generally 
discussed wildfires and wildland fire management policy, and a third 
comment generally discussed the Mercury and Air Toxics Standards. EPA 
believes these three comments are not germane to this rulemaking 
action, thus no further response is provided. The following is a 
summary of the comments pertinent to this rulemaking action and EPA's 
response to those comments.
    Comment #1: The first commenter stated that EPA did not address a 
March 28, 2017 Executive Order (E.O.) regarding the promotion of energy 
independence and economic growth.\2\
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    \2\ Based on the comment, EPA assumes the E.O. in question is 
E.O. 13783, Promoting Energy Independence and Economic Growth, 
signed March 28, 2017.
---------------------------------------------------------------------------

    Response #1: EPA disagrees with the commenter's assertion that this 
rulemaking action required evaluation mandated under the E.O.. The E.O. 
in question pertains to reviewing existing regulations, orders, 
guidance documents, policies, and any other similar agency actions 
(collectively, agency actions) that potentially burden the development 
or use of domestically produced energy resources, with particular 
attention to oil, natural gas, coal, and nuclear energy. First, EPA 
does not believe this E.O. applies to this rulemaking action because, 
to the extent this rulemaking is considered an agency action under the 
E.O., this action was not an existing agency action as of March 28, 
2017, the date the E.O. was signed. Second, assuming arguendo, that 
this rulemaking action is considered an agency action under the E.O., 
this rulemaking action does not create a burden as that term is defined 
in the E.O.. As defined in the E.O., the term ``burden'' means, ``to 
unnecessarily obstruct, delay, curtail, or otherwise impose significant 
cost on the siting, permitting, production, utilization, transmission, 
or delivery of energy resources.'' This rulemaking action does not 
affect the siting, permitting, production, utilization, transmission, 
or delivery of energy resources because this action merely approves 
Pennsylvania's submission as meeting

[[Page 39603]]

certain necessary CTG requirements under the CAA, thus any required 
review under this E.O. is not applicable. Finally, EPA does not have 
discretion to disapprove the state's SIP submission if it meets the 
applicable CAA requirements. CAA section 110(k)(3) requires that EPA 
``shall'' approve the SIP submission ``as a whole'' if it meets the 
applicable requirements in the CAA. Pennsylvania's submission adopts 
RACT for sources identified in EPA's CTG, as required by CAA section 
184(b). Thus, considering the plain language of CAA section 110(k)(3), 
EPA cannot consider disapproving or requiring changes to a state's SIP 
submittal based on a particular E.O. or statutory reviews.
    Comment #2: The second commenter asserted that EPA should review 
its CTG and Alternative Control Technology (ACT) guidance documents to 
``make sure they aren't too costly.'' The commenter further asserted 
that VOC reductions in Pennsylvania are not needed and EPA should only 
require RACT reductions in areas with ``bad air.'' The commenter 
concluded by stating EPA should withdraw the rule in its entirety to 
enable economic growth and promote jobs.
    Response #2: EPA disagrees with the commenter that this rulemaking 
should be withdrawn and that EPA's CTGs and ACTs should be reviewed. 
The CTG at issue in this rulemaking was issued in 2008. This rulemaking 
action concerns only EPA's action approving Pennsylvania's SIP 
submission adopting the CTG requirements, and thus comments about the 
CTG itself are outside the scope of this action. In any case, EPA 
considered the cost of installing controls when developing the CTG and 
concluded, ``The recommended VOC emission rates described [in the CTG] 
reflect the control measures that are currently being implemented by 
these facilities. Consequently, there is no additional cost to 
implement the CTG recommendations for coatings.'' Further, the CTG went 
on to state the following for the work practices being recommended: 
``The CTG also recommends work practices for reducing VOC emissions 
from both coatings and cleaning materials. We believe that our work 
practice recommendations in the CTG will result in a net cost savings. 
Implementing work practices reduces the amount of coating and cleaning 
materials used by decreasing evaporation.'' Thus, EPA did consider cost 
when issuing this CTG in a prior rulemaking.
    EPA further disagrees with the commenter's assertion that VOC 
reductions are not needed in the entire Commonwealth of Pennsylvania, 
and disagrees that the state or EPA has any discretion to not implement 
those reductions. First, the commenter provided no evidence supporting 
a claim that VOC reductions are only needed in areas with ``bad air'' 
(EPA assumes this is a reference to nonattainment areas). Second, 
Congress has dictated through the CAA that VOC RACT is required to be 
implemented throughout the entire Commonwealth. CAA section 
182(b)(2)(A) requires that, for each ozone nonattainment area 
classified as Moderate or above, the area must revise their SIPs to 
include RACT for each category of VOC sources covered by CTG documents 
issued between November 15, 1990 and the date of attainment. CAA 
section 184(a) further establishes a single OTR which includes the 
entire Commonwealth of Pennsylvania, and section 184(b)(1)(B) requires 
all OTR states to submit SIPs implementing RACT with respect to all 
sources of VOC in the state that are covered by a CTG. Finally, 
Pennsylvania and EPA are not permitted to ignore statutory mandates for 
any policy reason, including to promote jobs or to enable economic 
growth. Thus, the requirements of the CAA require Pennsylvania to 
revise its SIP in order to implement VOC RACT for all CTGs issued, 
including the automobile and light-duty truck assembly coating 
category. As an OTR state, Pennsylvania is required to reduce VOCs by 
implementing RACT and CTGs.

IV. Final Action

    EPA is approving the Commonwealth of Pennsylvania's November 2016 
SIP revision submittal, which adopts EPA's CTG for miscellaneous metal 
parts surface coating, miscellaneous plastic parts surface coating, and 
pleasure craft surface coatings, and which makes other related 
administrative changes, because the revision meets the requirements of 
CAA sections 110, 172(c)(1), 182(b)(2)(A), and 184(b)(2).

V. 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 the 
Pennsylvania rule discussed in section II of this preamble. EPA has 
made, and will continue to make, these materials generally available 
through http://www.regulations.gov and 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 in the next update to the SIP compilation.\3\
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    \3\ 62 FR 27968 (May 22, 1997).
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VI. 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);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 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

[[Page 39604]]

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 October 9, 2018. 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. This action, which approves Pennsylvania's SIP revision 
adopting CTGs for miscellaneous metal parts surface coating, 
miscellaneous plastic parts surface coating, and pleasure craft surface 
coatings, as well as general administrative changes related to cleaning 
activities, 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: July 26, 2018.
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:
0
i. Revising the entries for Section 129.51 and Section 129.52;
0
 ii. Adding an entry for Section 129.52d; and
0
 iii. Revising the entries for Section 129.67, and Section 129.75.
    The additions and revisions 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  8/10/18 [Insert       Revised Section
                                                                       Federal Register      129.51(a).
                                                                       citation].
Section 129.52...................  Surface coating          10/22/16  8/10/18 [Insert       Revised 129.52(g)
                                    processes.                         Federal Register      and added
                                                                       citation].            Subsection
                                                                                             129.52(k).
 
                                                  * * * * * * *
Section 129.52d..................  Control of VOCs from     10/22/16  8/10/18 [Insert       New section 129.52d
                                    Miscellaneous Metal                Federal Register      is added. This
                                    Parts Surface                      citation].            section does not
                                    Coating Processes,                                       remove or replace
                                    Miscellaneous                                            any permits
                                    Plastic Parts                                            approved under
                                    Surface Coating                                          52.2020(d).
                                    Processes and
                                    Pleasure Craft
                                    Surface Coatings.
 
                                                  * * * * * * *
Section 129.67...................  Graphic arts systems     10/22/16  8/10/18 [Insert       Revised Subsection
                                                                       Federal Register      129.67(a)(1).
                                                                       citation].
 
                                                  * * * * * * *
Section 129.75...................  Mobile equipment         10/22/16  8/10/18 [Insert       Revised Subsection
                                    repair and                         Federal Register      129.75(b)(1).
                                    refinishing.                       citation].           Previous approval 8/
                                                                                             14/00 (c) 148.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 39605]]

* * * * *

[FR Doc. 2018-17078 Filed 8-9-18; 8:45 am]
 BILLING CODE 6560-50-P



                                             39600              Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations

                                             Coast Guard in complying with the                       Captain of the Port Buffalo or his                    Miscellaneous metal parts surface
                                             National Environmental Policy Act of                    designated on-scene representative.                   coating, miscellaneous plastic parts
                                             1969 (42 U.S.C. 4321–4370f), and have                     (2) This safety zone is closed to all               surface coating, and pleasure craft
                                             determined that this action is one of a                 vessel traffic, except as may be                      surface coatings, as well as related
                                             category of actions that do not                         permitted by the Captain of the Port                  cleaning activities. The SIP revision also
                                             individually or cumulatively have a                     Buffalo or his designated on-scene                    amends regulations for graphic arts
                                             significant effect on the human                         representative.                                       systems and mobile equipment repair
                                             environment. This rule involves                           (3) The ‘‘on-scene representative’’ of              and refinishing as well as making
                                             establishment of a safety zone. It is                   the Captain of the Port Buffalo is any                general administrative changes. This
                                             categorically excluded from further                     Coast Guard commissioned, warrant or                  action is being taken under the Clean
                                             review under paragraph L60(a) of                        petty officer who has been designated                 Air Act (CAA).
                                             Appendix A, Table 1 of DHS Instruction                  by the Captain of the Port Buffalo to act
                                             Manual 023–01–001–01, Rev. 01. A                        on his behalf.                                        DATES:This final rule is effective on
                                             Record of Environmental Consideration                     (4) Vessel operators desiring to enter              September 10, 2018.
                                             supporting this determination is                        or operate within the safety zone must                ADDRESSES:   EPA has established a
                                             available in the docket where indicated                 contact the Captain of the Port Buffalo               docket for this action under Docket ID
                                             under ADDRESSES.                                        or his on-scene representative to obtain              Number EPA–R03–OAR–2017–0437. All
                                                                                                     permission to do so. The Captain of the               documents in the docket are listed on
                                             G. Protest Activities
                                                                                                     Port Buffalo or his on-scene                          the http://www.regulations.gov website.
                                               The Coast Guard respects the First                    representative may be contacted via                   Although listed in the index, some
                                             Amendment rights of protesters.                         VHF Channel 16. Vessel operators given                information is not publicly available,
                                             Protesters are asked to contact the                     permission to enter or operate in the                 e.g., confidential business information
                                             person listed in the FOR FURTHER                        safety zone must comply with all                      (CBI) or other information whose
                                             INFORMATION CONTACT section to                          directions given to them by the Captain               disclosure is restricted by statute.
                                             coordinate protest activities so that your              of the Port Buffalo, or his on-scene                  Certain other material, such as
                                             message can be received without                         representative.                                       copyrighted material, is not placed on
                                             jeopardizing the safety or security of                    Dated: August 6, 2018.                              the internet and will be publicly
                                             people, places or vessels.                                                                                    available only in hard copy form.
                                                                                                     Joseph S. Dufresne,
                                             List of Subjects in 33 CFR Part 165                     Captain, U.S. Coast Guard, Captain of the             Publicly available docket materials are
                                                                                                     Port Buffalo.                                         available through http://
                                               Harbors, Marine safety, Navigation                                                                          www.regulations.gov, or please contact
                                             (water), Reporting and recordkeeping                    [FR Doc. 2018–17181 Filed 8–9–18; 8:45 am]
                                                                                                                                                           the person identified in the FOR FURTHER
                                             requirements, Security measures,                        BILLING CODE 9110–04–P
                                                                                                                                                           INFORMATION CONTACT section for
                                             Waterways.                                                                                                    additional availability information.
                                               For the reasons discussed in the
                                             preamble, the Coast Guard amends 33                     ENVIRONMENTAL PROTECTION                              FOR FURTHER INFORMATION CONTACT:
                                             CFR part 165 as follows:                                AGENCY                                                Gregory A. Becoat, (215) 814 2036, or by
                                                                                                                                                           email at becoat.gregory@epa.gov.
                                             PART 165—REGULATED NAVIGATION                           40 CFR Part 52
                                                                                                                                                           SUPPLEMENTARY INFORMATION:     On
                                             AREAS AND LIMITED ACCESS AREAS                          [EPA–R03–OAR–2017–0437; FRL–9981–                     November 18, 2016, PADEP submitted a
                                                                                                     97—Region 3]                                          revision to the Pennsylvania SIP
                                             ■ 1. The authority citation for part 165
                                             continues to read as follows:                                                                                 concerning the adoption of EPA’s CTG
                                                                                                     Approval and Promulgation of Air
                                                                                                                                                           for miscellaneous metal parts surface
                                               Authority: Authority: 33 U.S.C. 1231; 50              Quality Implementation Plans;
                                                                                                                                                           coating processes, miscellaneous plastic
                                             U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6,              Pennsylvania; Adoption of Control
                                             and 160.5; Department of Homeland Security                                                                    parts surface coating processes, and
                                                                                                     Techniques Guidelines for Control of
                                             Delegation No. 0170.1.                                                                                        pleasure craft surface coatings.
                                                                                                     Volatile Organic Compound Emissions
                                               2. Add § 165.T09–0635 to read as                                                                            Specifically, PADEP has amended 25
                                             ■                                                       From Miscellaneous Metal Parts
                                             follows:                                                                                                      Pennsylvania Code (Pa. Code) Chapter
                                                                                                     Surface Coating, Miscellaneous Plastic
                                                                                                                                                           129 (relating to standards for sources) to
                                                                                                     Parts Surface Coating, and Pleasure
                                             § 165.T09–0635 Safety Zone; Ski Show                                                                          address RACT and further reduce
                                             Sylvan Beach; Fish Creek, Oneida, NY.
                                                                                                     Craft Surface Coatings
                                                                                                                                                           volatile organic compounds (VOC)
                                                (a) Location. The safety zone will                   AGENCY:  Environmental Protection                     emissions in Pennsylvania. In
                                             encompass all waters of Fish Creek in                   Agency (EPA).                                         accordance with sections 172(c)(1),
                                             Oneida, NY, starting at position                        ACTION: Final rule.                                   182(b)(2)(A) and 184(b)(1)(B) of the
                                             43°11′36.6″ N, 75°43′53.8″ W then South                                                                       CAA, Pennsylvania’s SIP revision
                                             to 43°11′33.7″ N, 75°43′51.2″ W then                    SUMMARY:    The Environmental Protection              submittal establishes VOC emission
                                             East to 43°11′42.4″ N, 75°43′38.6″ W                    Agency (EPA) is approving a revision to               limitations and other requirements
                                             then North to 43°11′44.5″ N, 75°43′39.7″                the Commonwealth of Pennsylvania’s                    consistent with the recommendations of
                                             W then returning to the point of origin                 state implementation plan (SIP). The                  EPA’s 2008 Control Techniques
                                             (NAD 83).                                               revision includes amendments to the                   Guidelines for Miscellaneous Metal and
                                                (b) Enforcement period. This rule is                 Pennsylvania Department of                            Plastic Parts Coatings (MMPP)
                                                                                                     Environmental Protection’s (PADEP)                    (Publication No. EPA 453/R–08–003;
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                                             effective from 12:00 p.m. until 8:00 p.m.
                                             on August 12, 2018.                                     regulations and addresses the                         September 2008) and Control
                                                (c) Regulations. (1) In accordance with              requirement to adopt reasonably                       Techniques Guidelines for Automobile
                                             the general regulations in § 165.23 of                  available control technology (RACT) for               and Light-Duty Truck Assembly
                                             this part, entry into, transiting, or                   sources covered by EPA’s control                      Coatings for these sources in the
                                             anchoring within this safety zone is                    techniques guidelines (CTG) standards                 Commonwealth of Pennsylvania
                                             prohibited unless authorized by the                     for the following categories:                         (Publication No. EPA 453/R–08–006).


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                                                                Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations                                        39601

                                             I. Background                                              In subsequent Federal Register                      the 2008 MMPP CTG. California was the
                                                Ground level ozone is formed in the                  notices, EPA has addressed how states                  only state at that time with regulations
                                             atmosphere by photochemical reactions                   can meet the RACT requirements of the                  governing VOC emissions from pleasure
                                             between volatile organic compounds                      CAA. EPA developed the CTG for                         craft surface coatings. After EPA
                                             (VOCs), nitrogen oxides (NOX), and                      MMPP in September 2008 (Publication                    finalized the 2008 MMPP CTG, the
                                             carbon monoxide (CO) in the presence                    No. EPA 453/R–08–003) that provides                    pleasure craft coatings industry asserted
                                             of sunlight. In order to reduce ozone                   guidelines with regard to feasible                     to EPA that three of the VOC emission
                                             concentrations in the ambient air, the                  emission limitations and operating                     limits in the CTG were too low
                                             CAA requires all nonattainment areas to                 practices for a number of different                    considering the performance
                                             apply controls on VOC and NOX                           surface coatings used within this large                requirements of the pleasure craft
                                             emission sources to achieve emission                    and diverse source category. The 2008                  coatings and that the VOC emission
                                             reductions. Among effective control                     MMPP CTG recommends separate sets                      limits recommended did not represent
                                             measures, RACT controls significantly                   of emission limits for metal parts                     RACT for the National pleasure craft
                                             reduce VOC and NOX emissions from                       coatings, plastic parts coatings,                      coatings industry. On September 14,
                                             major stationary sources. NOX and VOC                   automotive/transportation and business                 2009, EPA was contacted by the
                                             are referred to as ozone precursors and                 machine plastic parts, and pleasure                    pleasure craft coatings industry to
                                             are emitted by many types of pollution                  craft, depending on the type of coating                reconsider some of the VOC emission
                                             sources, including motor vehicles,                      used by a particular source. The                       limits recommended in the final 2008
                                             power plants, industrial facilities, and                miscellaneous metal product and plastic                MMPP CTG. In response, EPA issued a
                                             area wide sources, such as consumer                     parts surface coatings categories                      memorandum on June 1, 2010, entitled
                                             products and lawn and garden                            identified pursuant to section 183(e) of               ‘‘Control Technique Guidelines for
                                             equipment. Scientific evidence                          the CAA include the coatings that are                  Miscellaneous Metal and Plastic Part
                                             indicates that adverse public health                    applied to the surfaces of a varied range              Coatings—Industry Request for
                                             effects occur following exposure to                     of metal and plastic parts and products.               Reconsideration,’’ recommending that
                                             ozone. These effects are more                           Such parts or products are constructed                 the pleasure craft industry work with
                                             pronounced in children and adults with                  either entirely or partially from metal or             state agencies during their RACT rule
                                             lung disease. Breathing air containing                  plastic. These miscellaneous metal                     development process to assess what is
                                             ozone can reduce lung function and                      products and plastic parts include, but                reasonable for the specific sources
                                             inflame airways, which can increase                     are not limited to, metal and plastic                  regulated. EPA has stated that states can
                                             respiratory symptoms and aggravate                      components of the following types of                   use the recommendations from the
                                             asthma or other lung diseases.                          products as well as the products                       MMPP CTG to form their own
                                                RACT is defined as the lowest                        themselves: Fabricated metal products,                 determinations as to what constitutes
                                             emission limitation that a particular                   molded plastic parts, small and large                  RACT for pleasure craft coating
                                             source is capable of meeting by the                     farm machinery, commercial and                         operations. CTGs impose no legally
                                             application of control technology that is               industrial machinery and equipment,                    binding requirements on any entity,
                                             reasonably available considering                        automotive or transportation equipment,                including pleasure craft coating
                                             technological and economic feasibility.                 interior or exterior automotive parts,                 facilities. As stated in the memorandum,
                                             44 FR 53761 at 53762 (September 17,                     construction equipment, motor vehicle                  EPA will evaluate state-developed
                                             1979). Section 182 of the CAA sets forth                accessories, bicycles and sporting goods,              RACT rules and determine whether the
                                             two separate RACT requirements for                      toys, recreational vehicles, pleasure                  submitted rules meet the RACT
                                             ozone nonattainment areas. The first                    craft (recreational boats), extruded                   requirements of the CAA.
                                             requirement, contained in section                       aluminum structural components,                        II. Summary of SIP Revision and EPA
                                             182(a)(2)(A) of the CAA, and referred to                railroad cars, heavier vehicles, lawn and              Analysis
                                             as RACT fix-up, requires the correction                 garden equipment, business machines,
                                             of RACT rules for which EPA identified                                                                            On November 18, 2016, PADEP
                                                                                                     laboratory and medical equipment,                      submitted a SIP revision which adopted
                                             deficiencies before the CAA was                         electronic equipment, steel drums,
                                             amended in 1990. Pennsylvania                                                                                  the recommendations contained in the
                                                                                                     metal pipes, and numerous other                        2008 MMPP CTG with respect to
                                             previously corrected its deficiencies                   industrial and household products.
                                             under the 1-hour ozone standard and                                                                            sources in the miscellaneous metal
                                                                                                        The pleasure craft coating category
                                             has no further deficiencies to correct                                                                         products coatings and plastic parts
                                                                                                     does not include coatings that are a part
                                             under this section of the CAA. The                                                                             coatings product categories. For the
                                                                                                     of other product categories listed under
                                             second requirement in section 182(b)(2)                                                                        pleasure craft coating industry, after
                                                                                                     Section 183(e) of the CAA for which
                                             of the CAA applies to moderate (or                                                                             evaluating what is reasonable for this
                                                                                                     CTGs have been published or included
                                             worse) ozone nonattainment areas, and                                                                          source category, PADEP determined that
                                                                                                     in other CTGs. For pleasure craft surface              three VOC content limits in the CTG
                                             pursuant to section 184(b)(1)(B), to all                coatings, EPA took into account
                                             areas in a state that are included in an                                                                       should be revised from the limits in the
                                                                                                     California regulations when developing                 CTG to represent RACT for the pleasure
                                             ozone transport region (OTR). Section
                                             184 of the CAA includes all of                                                                                 craft coating industry. This is based on
                                                                                                     determining RACT for VOC from various sources.
                                             Pennsylvania in the OTR. Sections                       The recommendations in the CTG are based upon          EPA’s memorandum that the pleasure
                                             182(b)(2) and 184(b) require these areas                available data and information and may not apply       craft industry should work with state
                                             to implement RACT controls on all
                                                                                                     to a particular situation based upon the               agencies during their RACT rule
                                                                                                     circumstances. States can follow the CTG and adopt     development process to assess what is
                                             major VOC and NOX emission sources                      state regulations to implement the
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                                             and on all sources and source categories                recommendations contained therein, or they can         reasonable for the specific sources
                                             covered by a CTG issued by EPA.1 See                    adopt alternative approaches. In either case, states   regulated.
                                                                                                     must submit their RACT rules to EPA for review            The SIP revision includes an
                                             CAA sections 182(b)(2) and 184(b).                      and approval as part of the SIP process. Pursuant      amendment to 25 Pa. Code Chapter
                                                                                                     to section 184(b)(1)(B) of the CAA, all areas in the
                                               1 CTGs are documents issued by EPA intended to        OTR must implement RACT with respect to sources
                                                                                                                                                            129—(relating to standards for sources)
                                             provide state and local air pollution control           of VOCs in the state covered by a CTG issued before    as follows: (1) Amended section
                                             authorities information to assist them in               or after November 15, 1990.                            129.51(a)—(relating to general) in order


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                                             39602              Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations

                                             to extend applicability; (2) added                      on the amount of VOC emission                         Pennsylvania approving the SIP
                                             section 129.52d—‘‘Control of VOC                        reductions from the implementation of                 revision. EPA received five adverse
                                             emissions from miscellaneous metal                      the revised VOC limits due to having no               comments on the rulemaking and
                                             parts surface coating processes,                        facilities with the potential to emit VOC             withdrew the DFR prior to the effective
                                             miscellaneous plastic parts surface                     emissions for pleasure craft surface                  date of December 15, 2017.
                                             coating processes and pleasure craft                    coatings.
                                                                                                        EPA notes that under 25 Pa. Code                   III. Response to Comments
                                             surface coatings,’’ in order to regulate
                                             VOC emissions from these three                          §§ 129.52d, PADEP is allowing the                        During the comment period, EPA
                                             categories; (3) amended section                         provisions of 25 Pa. Code § 129.52d to                received several anonymous comments
                                             129.52(g)—(relating to surface coating                  supersede the requirements of a RACT                  on the rulemaking. Of the comments,
                                             processes) in order to clarify record                   permit previously issued under 25 Pa.                 one comment generally discussed
                                             keeping and reporting requirements; (4)                 Code §§ 129.91–129.95 if the permit was               greenhouse gas from electric vehicles, a
                                             added section 129.52 subsection (k) in                  issued prior to January 1, 2017, to the               second comment generally discussed
                                             order to clarify the applicability of the               owner or operator of a source subject to              wildfires and wildland fire management
                                             requirements of section 129.52, Table I,                section 129.52d(a), except to the extent              policy, and a third comment generally
                                             Category 10 in 25 Pa. Code Chapter 129;                 the RACT permit contains more                         discussed the Mercury and Air Toxics
                                             (5) amended section 129.67 (relating to                 stringent requirements. EPA further                   Standards. EPA believes these three
                                             graphic arts systems) in order to extend                notes that the RACT permits issued                    comments are not germane to this
                                             applicability; and (6) amended section                  under 25 Pa. Code §§ 129.91–129.95                    rulemaking action, thus no further
                                             129.75 (relating to mobile equipment                    were issued for previous RACT                         response is provided. The following is
                                             repair and refinishing) in order to                     determinations on a case-by-case basis;               a summary of the comments pertinent to
                                             specify exceptions for those who apply                  these permits were then submitted to                  this rulemaking action and EPA’s
                                             surface coating to mobile equipment                     EPA as source-specific SIP revisions and              response to those comments.
                                             already subject to requirements of                      were previously acted on by EPA and                      Comment #1: The first commenter
                                             sections 129.52 and 129.52d. More                       would have been approved into the                     stated that EPA did not address a March
                                             detailed information on these provisions                Pennsylvania SIP. If EPA approved                     28, 2017 Executive Order (E.O.)
                                             as well as a detailed summary of EPA’s                  those source-specific RACT                            regarding the promotion of energy
                                             review and rationale for approving these                determinations as meeting the                         independence and economic growth.2
                                             SIP revisions can be found in the                       requirements of RACT under the CAA,                      Response #1: EPA disagrees with the
                                             Technical Support Document (TSD) for                    then the permits associated with those                commenter’s assertion that this
                                             this action, which is available on line at              determinations were approved into the                 rulemaking action required evaluation
                                             www.regulations.gov, Docket number                      SIP as listed in 40 CFR 52.2020(d). The               mandated under the E.O.. The E.O. in
                                             EPA–R03–OAR–2017–0437.                                  requirements of the source-specific                   question pertains to reviewing existing
                                                                                                     RACT determination which EPA                          regulations, orders, guidance
                                                After evaluating the SIP revision                    approved into the Pennsylvania SIP
                                             submittal, EPA concluded that it meets                                                                        documents, policies, and any other
                                                                                                     remain applicable requirements for the                similar agency actions (collectively,
                                             CAA requirements under sections 110,                    specific source unless and until
                                             172(c)(1), 182(b)(2)(A), and 184(b)(1) by                                                                     agency actions) that potentially burden
                                                                                                     Pennsylvania seeks to remove the limits               the development or use of domestically
                                             adopting EPA’s CTG and continuing to                    from the SIP in accordance with CAA
                                             address and minimize VOC emissions in                                                                         produced energy resources, with
                                                                                                     section 110(l). To the extent that the                particular attention to oil, natural gas,
                                             the Commonwealth of Pennsylvania, as                    provisions of 25 Pa. Code § 129.52d are
                                             discussed in more detail in EPA’s TSD                                                                         coal, and nuclear energy. First, EPA
                                                                                                     more stringent than those of a previous               does not believe this E.O. applies to this
                                             for this rulemaking action. PADEP is                    SIP-approved permit, PADEP will need
                                             adopting without change most of the                                                                           rulemaking action because, to the extent
                                                                                                     to make a source-specific determination               this rulemaking is considered an agency
                                             requirements recommended by the                         as to whether the requirements of the
                                             MMPP CTG but adopting the pleasure                                                                            action under the E.O., this action was
                                                                                                     previous RACT permit apply, or those of               not an existing agency action as of
                                             craft industry recommendations for the                  § 129.52d, and submit that
                                             following three coating categories:                                                                           March 28, 2017, the date the E.O. was
                                                                                                     determination to EPA as a SIP revision                signed. Second, assuming arguendo,
                                             Antifouling Sealer/Tiecoat; Other                       in order to remove the previously
                                             Substrate Antifoulant; and Extreme                                                                            that this rulemaking action is
                                                                                                     approved permit from the SIP. Until
                                             High Gloss. For these three categories,                                                                       considered an agency action under the
                                                                                                     such a SIP revision is made, EPA cannot
                                             the Commonwealth of Pennsylvania                                                                              E.O., this rulemaking action does not
                                                                                                     remove the source-specific permits from
                                             reviewed industry data and determined                                                                         create a burden as that term is defined
                                                                                                     the SIP and EPA is not taking such
                                             that for the purpose of functionality,                                                                        in the E.O.. As defined in the E.O., the
                                                                                                     action in this rulemaking. Thus, the
                                             cost, and VOC emissions, the alternative                                                                      term ‘‘burden’’ means, ‘‘to unnecessarily
                                                                                                     requirements of a previously SIP-
                                             limits adopted for these three coating                                                                        obstruct, delay, curtail, or otherwise
                                                                                                     approved permit are not superseded
                                             categories constitute RACT. EPA                                                                               impose significant cost on the siting,
                                                                                                     under the SIP. In accordance with
                                             concludes that Pennsylvania’s approach                                                                        permitting, production, utilization,
                                                                                                     section 110 of the CAA including 110(a)
                                             is consistent with the guidance                         and 110(l), EPA determines that                       transmission, or delivery of energy
                                             memorandum entitled, ‘‘Control                          approval of this PADEP SIP revision                   resources.’’ This rulemaking action does
                                             Technique Guidelines for Miscellaneous                  will not interfere with reasonable                    not affect the siting, permitting,
                                             Metal and Plastic Part Coatings—                        further progress, attainment of any                   production, utilization, transmission, or
                                             Industry Request for Reconsideration,’’                                                                       delivery of energy resources because
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                                                                                                     NAAQS or any other applicable CAA
                                             and therefore, concludes that these                     requirements.                                         this action merely approves
                                             regulations reflect RACT given costs and                   On October 16, 2017 (82 FR 48034                   Pennsylvania’s submission as meeting
                                             VOC emissions. The revised VOC                          and 82 FR 47988), EPA simultaneously                    2 Based on the comment, EPA assumes the E.O.
                                             content limits for the pleasure craft                   published a notice of proposed                        in question is E.O. 13783, Promoting Energy
                                             surface coatings proposed by PADEP are                  rulemaking (NPR) and a direct final rule              Independence and Economic Growth, signed March
                                             expected to have a de minimis impact                    (DFR) for the Commonwealth of                         28, 2017.



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                                                                Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations                                          39603

                                             certain necessary CTG requirements                      Commonwealth of Pennsylvania, and                     Therefore, these materials have been
                                             under the CAA, thus any required                        disagrees that the state or EPA has any               approved by EPA for inclusion in the
                                             review under this E.O. is not applicable.               discretion to not implement those                     SIP, have been incorporated by
                                             Finally, EPA does not have discretion to                reductions. First, the commenter                      reference by EPA into that plan, are
                                             disapprove the state’s SIP submission if                provided no evidence supporting a                     fully federally enforceable under
                                             it meets the applicable CAA                             claim that VOC reductions are only                    sections 110 and 113 of the CAA as of
                                             requirements. CAA section 110(k)(3)                     needed in areas with ‘‘bad air’’ (EPA                 the effective date of the final rulemaking
                                             requires that EPA ‘‘shall’’ approve the                 assumes this is a reference to                        of EPA’s approval, and will be
                                             SIP submission ‘‘as a whole’’ if it meets               nonattainment areas). Second, Congress                incorporated by reference in the next
                                             the applicable requirements in the CAA.                 has dictated through the CAA that VOC                 update to the SIP compilation.3
                                             Pennsylvania’s submission adopts                        RACT is required to be implemented
                                             RACT for sources identified in EPA’s                    throughout the entire Commonwealth.                   VI. Statutory and Executive Order
                                             CTG, as required by CAA section 184(b).                 CAA section 182(b)(2)(A) requires that,               Reviews
                                             Thus, considering the plain language of                 for each ozone nonattainment area                     A. General Requirements
                                             CAA section 110(k)(3), EPA cannot                       classified as Moderate or above, the area
                                                                                                                                                              Under the CAA, the Administrator is
                                             consider disapproving or requiring                      must revise their SIPs to include RACT
                                                                                                                                                           required to approve a SIP submission
                                             changes to a state’s SIP submittal based                for each category of VOC sources
                                                                                                     covered by CTG documents issued                       that complies with the provisions of the
                                             on a particular E.O. or statutory reviews.
                                                Comment #2: The second commenter                     between November 15, 1990 and the                     CAA and applicable federal regulations.
                                             asserted that EPA should review its CTG                 date of attainment. CAA section 184(a)                42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                             and Alternative Control Technology                      further establishes a single OTR which                Thus, in reviewing SIP submissions,
                                             (ACT) guidance documents to ‘‘make                      includes the entire Commonwealth of                   EPA’s role is to approve state choices,
                                             sure they aren’t too costly.’’ The                      Pennsylvania, and section 184(b)(1)(B)                provided that they meet the criteria of
                                             commenter further asserted that VOC                     requires all OTR states to submit SIPs                the CAA. Accordingly, this action
                                             reductions in Pennsylvania are not                      implementing RACT with respect to all                 merely approves state law as meeting
                                             needed and EPA should only require                      sources of VOC in the state that are                  federal requirements and does not
                                             RACT reductions in areas with ‘‘bad                     covered by a CTG. Finally, Pennsylvania               impose additional requirements beyond
                                             air.’’ The commenter concluded by                       and EPA are not permitted to ignore                   those imposed by state law. For that
                                             stating EPA should withdraw the rule in                 statutory mandates for any policy                     reason, this action:
                                             its entirety to enable economic growth                  reason, including to promote jobs or to                  • Is not a ‘‘significant regulatory
                                             and promote jobs.                                       enable economic growth. Thus, the                     action’’ subject to review by the Office
                                                Response #2: EPA disagrees with the                  requirements of the CAA require                       of Management and Budget under
                                             commenter that this rulemaking should                   Pennsylvania to revise its SIP in order               Executive Orders 12866 (58 FR 51735,
                                             be withdrawn and that EPA’s CTGs and                    to implement VOC RACT for all CTGs                    October 4, 1993) and 13563 (76 FR 3821,
                                             ACTs should be reviewed. The CTG at                     issued, including the automobile and                  January 21, 2011);
                                             issue in this rulemaking was issued in                  light-duty truck assembly coating                        • is not an Executive Order 13771 (82
                                             2008. This rulemaking action concerns                   category. As an OTR state, Pennsylvania               FR 9339, February 2, 2017) regulatory
                                             only EPA’s action approving                             is required to reduce VOCs by                         action because SIP approvals are
                                             Pennsylvania’s SIP submission adopting                  implementing RACT and CTGs.                           exempted under Executive Order 12866.
                                             the CTG requirements, and thus                                                                                   • does not impose an information
                                             comments about the CTG itself are                       IV. Final Action                                      collection burden under the provisions
                                             outside the scope of this action. In any                  EPA is approving the Commonwealth                   of the Paperwork Reduction Act (44
                                             case, EPA considered the cost of                        of Pennsylvania’s November 2016 SIP                   U.S.C. 3501 et seq.);
                                             installing controls when developing the                 revision submittal, which adopts EPA’s                   • is certified as not having a
                                             CTG and concluded, ‘‘The                                CTG for miscellaneous metal parts                     significant economic impact on a
                                             recommended VOC emission rates                          surface coating, miscellaneous plastic                substantial number of small entities
                                             described [in the CTG] reflect the                      parts surface coating, and pleasure craft             under the Regulatory Flexibility Act (5
                                             control measures that are currently                     surface coatings, and which makes other               U.S.C. 601 et seq.);
                                             being implemented by these facilities.                  related administrative changes, because                  • does not contain any unfunded
                                             Consequently, there is no additional                    the revision meets the requirements of                mandate or significantly or uniquely
                                             cost to implement the CTG                               CAA sections 110, 172(c)(1),                          affect small governments, as described
                                             recommendations for coatings.’’ Further,                182(b)(2)(A), and 184(b)(2).                          in the Unfunded Mandates Reform Act
                                             the CTG went on to state the following                                                                        of 1995 (Pub. L. 104–4);
                                                                                                     V. Incorporation by Reference                            • does not have federalism
                                             for the work practices being
                                             recommended: ‘‘The CTG also                               In this rule, EPA is finalizing                     implications as specified in Executive
                                             recommends work practices for                           regulatory text that includes                         Order 13132 (64 FR 43255, August 10,
                                             reducing VOC emissions from both                        incorporation by reference. In                        1999);
                                             coatings and cleaning materials. We                     accordance with requirements of 1 CFR                    • is not an economically significant
                                             believe that our work practice                          51.5, EPA is finalizing the incorporation             regulatory action based on health or
                                             recommendations in the CTG will result                  by reference of the Pennsylvania rule                 safety risks subject to Executive Order
                                             in a net cost savings. Implementing                     discussed in section II of this preamble.             13045 (62 FR 19885, April 23, 1997);
                                             work practices reduces the amount of                    EPA has made, and will continue to                       • is not a significant regulatory action
                                                                                                     make, these materials generally
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                                             coating and cleaning materials used by                                                                        subject to Executive Order 13211 (66 FR
                                             decreasing evaporation.’’ Thus, EPA did                 available through http://                             28355, May 22, 2001);
                                             consider cost when issuing this CTG in                  www.regulations.gov and at the EPA                       • is not subject to requirements of
                                             a prior rulemaking.                                     Region III Office (please contact the                 Section 12(d) of the National
                                                EPA further disagrees with the                       person identified in the ‘‘For Further                Technology Transfer and Advancement
                                             commenter’s assertion that VOC                          Information Contact’’ section of this
                                             reductions are not needed in the entire                 preamble for more information).                         3 62   FR 27968 (May 22, 1997).



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                                             39604                 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations

                                             Act of 1995 (15 U.S.C. 272 note) because                        the Comptroller General of the United                        reference, Ozone, Reporting and
                                             application of those requirements would                         States prior to publication of the rule in                   recordkeeping requirements, Volatile
                                             be inconsistent with the CAA; and                               the Federal Register. A major rule                           organic compounds.
                                                • does not provide EPA with the                              cannot take effect until 60 days after it                      Dated: July 26, 2018.
                                             discretionary authority to address, as                          is published in the Federal Register.                        Cecil Rodrigues,
                                             appropriate, disproportionate human                             This action is not a ‘‘major rule’’ as
                                                                                                                                                                          Acting Regional Administrator, Region III.
                                             health or environmental effects, using                          defined by 5 U.S.C. 804(2).
                                             practicable and legally permissible                             C. Petitions for Judicial Review                                 40 CFR part 52 is amended as follows:
                                             methods, under Executive Order 12898
                                             (59 FR 7629, February 16, 1994).                                   Under section 307(b)(1) of the CAA,                       PART 52—APPROVAL AND
                                                                                                             petitions for judicial review of this                        PROMULGATION OF
                                                In addition, this rule does not have                         action must be filed in the United States
                                             tribal implications as specified by                                                                                          IMPLEMENTATION PLANS
                                                                                                             Court of Appeals for the appropriate
                                             Executive Order 13175 (65 FR 67249,                             circuit by October 9, 2018. Filing a
                                             November 9, 2000), because the SIP is                                                                                        ■ 1. The authority citation for part 52
                                                                                                             petition for reconsideration by the                          continues to read as follows:
                                             not approved to apply in Indian country                         Administrator of this final rule does not
                                             located in the state, and EPA notes that                        affect the finality of this action for the                       Authority: 42 U.S.C. 7401 et seq.
                                             it will not impose substantial direct                           purposes of judicial review nor does it
                                             costs on tribal governments or preempt                                                                                       Subpart NN—Pennsylvania
                                                                                                             extend the time within which a petition
                                             tribal law.                                                     for judicial review may be filed, and
                                                                                                             shall not postpone the effectiveness of                      ■ 2. In § 52.2020, the table in paragraph
                                             B. Submission to Congress and the                                                                                            (c)(1) is amended by:
                                             Comptroller General                                             such rule or action. This action, which
                                                                                                             approves Pennsylvania’s SIP revision                         ■ i. Revising the entries for Section
                                               The Congressional Review Act, 5                               adopting CTGs for miscellaneous metal                        129.51 and Section 129.52;
                                             U.S.C. 801 et seq., as added by the Small                       parts surface coating, miscellaneous                         ■ ii. Adding an entry for Section
                                             Business Regulatory Enforcement                                 plastic parts surface coating, and                           129.52d; and
                                             Fairness Act of 1996, generally provides                        pleasure craft surface coatings, as well                     ■ iii. Revising the entries for Section
                                             that before a rule may take effect, the                         as general administrative changes                            129.67, and Section 129.75.
                                             agency promulgating the rule must                               related to cleaning activities, may not be
                                             submit a rule report, which includes a                          challenged later in proceedings to                              The additions and revisions read as
                                             copy of the rule, to each House of the                          enforce its requirements (See section                        follows:
                                             Congress and to the Comptroller General                         307(b)(2)).                                                  § 52.2020    Identification of plan.
                                             of the United States. EPA will submit a
                                             report containing this action and other                         List of Subjects in 40 CFR Part 52                           *       *    *        *    *
                                             required information to the U.S. Senate,                          Environmental protection, Air                                  (c) * * *
                                             the U.S. House of Representatives, and                          pollution control, Incorporation by                              (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    8/10/18 [Insert Federal Reg-         Revised Section 129.51(a).
                                                                                                                                                          ister citation].
                                             Section 129.52 .........................   Surface coating processes .....                     10/22/16    8/10/18 [Insert Federal Reg-        Revised 129.52(g) and added
                                                                                                                                                          ister citation].                    Subsection 129.52(k).

                                                      *                           *                     *                                    *                       *                      *                    *
                                             Section 129.52d .......................    Control of VOCs from Mis-                           10/22/16    8/10/18 [Insert Federal Reg-         New section 129.52d is
                                                                                          cellaneous Metal Parts Sur-                                     ister citation].                     added. This section does
                                                                                          face Coating Processes,                                                                              not remove or replace any
                                                                                          Miscellaneous Plastic Parts                                                                          permits approved under
                                                                                          Surface Coating Processes                                                                            52.2020(d).
                                                                                          and Pleasure Craft Surface
                                                                                          Coatings.

                                                      *                            *                     *                                   *                       *                      *                   *
                                             Section 129.67 .........................   Graphic arts systems ..............                 10/22/16    8/10/18 [Insert Federal Reg-         Revised Subsection
                                                                                                                                                          ister citation].                     129.67(a)(1).

                                                      *                            *                    *                                    *                       *                      *                    *
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                                             Section 129.75 .........................   Mobile equipment repair and                         10/22/16    8/10/18 [Insert Federal Reg-         Revised Subsection
                                                                                         refinishing.                                                     ister citation].                     129.75(b)(1).
                                                                                                                                                                                             Previous approval 8/14/00 (c)
                                                                                                                                                                                               148.

                                                        *                          *                            *                            *                       *                      *                     *



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                                                                Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations                                         39605

                                             *      *     *       *      *                           pesticide manufacturer. The following                 information you consider to be CBI or
                                             [FR Doc. 2018–17078 Filed 8–9–18; 8:45 am]              list of North American Industrial                     other information whose disclosure is
                                             BILLING CODE 6560–50–P                                  Classification System (NAICS) codes is                restricted by statute.
                                                                                                     not intended to be exhaustive, but rather               • Mail: OPP Docket, Environmental
                                                                                                     provides a guide to help readers                      Protection Agency Docket Center (EPA/
                                             ENVIRONMENTAL PROTECTION                                determine whether this document                       DC), (28221T), 1200 Pennsylvania Ave.
                                             AGENCY                                                  applies to them. Potentially affected                 NW, Washington, DC 20460–0001.
                                                                                                     entities may include:                                   • Hand Delivery: To make special
                                             40 CFR Part 180                                            • Crop production (NAICS code 111).                arrangements for hand delivery or
                                                                                                        • Animal production (NAICS code                    delivery of boxed information, please
                                             [EPA–HQ–OPP–2017–0429; FRL–9980–47]
                                                                                                     112).                                                 follow the instructions at http://
                                             Picoxystrobin; Pesticide Tolerances                        • Food manufacturing (NAICS code                   www.epa.gov/dockets/contacts.html.
                                                                                                     311).                                                   Additional instructions on
                                             AGENCY:  Environmental Protection                          • Pesticide manufacturing (NAICS                   commenting or visiting the docket,
                                             Agency (EPA).                                           code 32532).                                          along with more information about
                                             ACTION: Final rule.                                                                                           dockets generally, is available at http://
                                                                                                     B. How can I get electronic access to                 www.epa.gov/dockets.
                                             SUMMARY:   This regulation establishes                  other related information?
                                             tolerances for residues of picoxystrobin                   You may access a frequently updated                II. Summary of Petitioned-For
                                             in or on multiple commodities that are                  electronic version of EPA’s tolerance                 Tolerance
                                             identified and discussed later in this                  regulations at 40 CFR part 180 through                   In the Federal Register of November
                                             document. E.I. DuPont De Nemours and                    the Government Printing Office’s e-CFR                27, 2017 (82 FR 56017) (FRL–9968–55),
                                             Company requested these tolerances                      site at http://www.ecfr.gov/cgi-bin/text-             EPA issued a document pursuant to
                                             under the Federal Food, Drug, and                       idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  FFDCA section 408(d)(3), 21 U.S.C.
                                             Cosmetic Act (FFDCA).                                   40tab_02.tpl. To access the OCSPP test                346a(d)(3), announcing the filing of a
                                             DATES: This regulation is effective                     guidelines referenced in this document                pesticide petition (PP 7F8557) by E.I. Du
                                             August 10, 2018. Objections and                         electronically, please go to http://                  Pont De Nemours and Company,
                                             requests for hearings must be received                  www.epa.gov/ocspp and select ‘‘Test                   Chestnut Run Plaza, 974 Centre Road,
                                             on or before October 9, 2018, and must                  Methods and Guidelines.’’                             Wilmington, DE 19805. The petition
                                             be filed in accordance with the                                                                               requested 40 CFR 180.669 be amended
                                                                                                     C. How can I file an objection or hearing             by establishing tolerances for residues of
                                             instructions provided in 40 CFR part
                                                                                                     request?                                              the fungicide picoxystrobin, methyl
                                             178 (see also Unit I.C. of the
                                             SUPPLEMENTARY INFORMATION).                               Under FFDCA section 408(g), 21                      (aE)-a-(methoxymethylene)-2-[[[6-
                                             ADDRESSES: The docket for this action,                  U.S.C. 346a, any person may file an                   (trifluoromethyl)-2-
                                             identified by docket identification (ID)                objection to any aspect of this regulation            pyridinyl]oxy]methyl]benzeneacetate, in
                                             number EPA–HQ–OPP–2017–0429, is                         and may also request a hearing on those               or on alfalfa, forage at 4 parts per
                                             available at http://www.regulations.gov                 objections. You must file your objection              million (ppm); alfalfa, hay at 5 ppm;
                                             or at the Office of Pesticide Programs                  or request a hearing on this regulation               alfalfa, seed at 9 ppm; almond hulls at
                                             Regulatory Public Docket (OPP Docket)                   in accordance with the instructions                   15 ppm; cotton, gin by-products at 40
                                             in the Environmental Protection Agency                  provided in 40 CFR part 178. To ensure                ppm; cottonseed (Crop Subgroup 20C) at
                                             Docket Center (EPA/DC), West William                    proper receipt by EPA, you must                       4 ppm; grass, forage (Grown for Seed) at
                                             Jefferson Clinton Bldg., Rm. 3334, 1301                 identify docket ID number EPA–HQ–                     40 ppm; grass, hay (Grown for Seed) at
                                                                                                     OPP–2017–0429 in the subject line on                  80 ppm; head lettuce at 7 ppm; onion,
                                             Constitution Ave. NW, Washington, DC
                                                                                                     the first page of your submission. All                bulb (Crop Subgroup 3–07A) at 0.8 ppm;
                                             20460–0001. The Public Reading Room
                                                                                                     objections and requests for a hearing                 onion, green (Crop Subgroup 3–07B) at
                                             is open from 8:30 a.m. to 4:30 p.m.,
                                                                                                     must be in writing, and must be                       15 ppm; pea and bean, succulent
                                             Monday through Friday, excluding legal
                                                                                                     received by the Hearing Clerk on or                   shelled (Crop Subgroup 6B) at 3 ppm;
                                             holidays. The telephone number for the
                                                                                                     before October 9, 2018. Addresses for                 peanut at 0.1 ppm; peanut, hay at 40
                                             Public Reading Room is (202) 566–1744,
                                                                                                     mail and hand delivery of objections                  ppm; sunflower (Crop Subgroup 20B) at
                                             and the telephone number for the OPP
                                                                                                     and hearing requests are provided in 40               3 ppm; tree nut except hulls (Crop
                                             Docket is (703) 305–5805. Please review
                                                                                                     CFR 178.25(b).                                        Group 14–12) at 0.15 ppm; vegetable,
                                             the visitor instructions and additional
                                                                                                       In addition to filing an objection or               brassica head and stem (Crop Group 5–
                                             information about the docket available
                                                                                                     hearing request with the Hearing Clerk                16) at 5 ppm; vegetable, cucurbit (Crop
                                             at http://www.epa.gov/dockets.
                                                                                                     as described in 40 CFR part 178, please               Group 9) at 0.7 ppm; vegetable, fruiting
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                     submit a copy of the filing (excluding                (Crop Group 8–10) at 1.5 ppm;
                                             Michael L. Goodis, P.E., Registration                                                                         vegetable, leaf petiole (Crop Subgroup
                                                                                                     any Confidential Business Information
                                             Division (7505P), Office of Pesticide                                                                         22B) at 40 ppm; vegetable, leafy except
                                                                                                     (CBI)) for inclusion in the public docket.
                                             Programs, Environmental Protection                                                                            head lettuce (Crop Group 4–16) at 60
                                                                                                     Information not marked confidential
                                             Agency, 1200 Pennsylvania Ave. NW,                                                                            ppm; vegetable, leaves of root and tuber
                                                                                                     pursuant to 40 CFR part 2 may be
                                             Washington, DC 20460–0001; main                                                                               (Crop Group 2) at 40 ppm; vegetable,
                                                                                                     disclosed publicly by EPA without prior
                                             telephone number: (703) 305–7090;                                                                             legume, edible podded (Crop Subgroup
                                                                                                     notice. Submit the non-CBI copy of your
                                             email address: RDFRNotices@epa.gov.                                                                           6A) at 4 ppm; vegetable, root (Crop
                                                                                                     objection or hearing request, identified
                                             SUPPLEMENTARY INFORMATION:                                                                                    Subgroup 1A) at 0.6 ppm; and vegetable,
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                                                                                                     by docket ID number EPA–HQ–OPP–
                                             I. General Information                                  2017–0429, by one of the following                    tuberous and corm (Crop Subgroup 1C)
                                                                                                     methods:                                              at 0.06 ppm. That document referenced
                                             A. Does this action apply to me?                          • Federal eRulemaking Portal: http://               a summary of the petition prepared by
                                               You may be potentially affected by                    www.regulations.gov. Follow the online                E.I. Du Pont De Nemours and Company,
                                             this action if you are an agricultural                  instructions for submitting comments.                 the registrant, which is available in the
                                             producer, food manufacturer, or                         Do not submit electronically any                      docket, http://www.regulations.gov.


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Document Created: 2018-08-10 01:56:14
Document Modified: 2018-08-10 01:56:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on September 10, 2018.
ContactGregory A. Becoat, (215) 814 2036, or by email at [email protected]
FR Citation83 FR 39600 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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