Advance Notice To Solicit Comments, Data and Information for Determining the Emissions Reductions Achieved in Ozone Nonattainment and Maintenance Areas From the Implementation of Rules Limiting the VOC Content of AIM Coatings, 51694-51696 [05-17357]

Download as PDF 51694 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules Respondent’s Obligation: Voluntary. Written comments and recommendations on the proposed information collection should be sent to the TRICARE Management Activity, Attn: Col Gary Martin, 5111 Leesburg Pike, Suite 810, Falls Church, VA 22041–3206 (703–681–0039). Comments should be received within 60 days of publication of this notice. To request more information on this proposed information collection or to obtain a copy of the proposed and associated collection instruments, please write to TRICARE Management Activity, Attn: Col Gary Martin, 5111 Leesburg Pike, Suite 810, Falls Church, VA 22041–3206, or telephone Col Martin at 703–681–0039. List of Subjects in 32 CFR Part 199 Claims, Dental health, Health care, Health insurance, Individuals with disabilities, Military personnel. For the reasons set out in the preamble, 32 CFR part 199 is proposed to be amended as follows: PART 199—[AMENDED] 1. The authority citation for Part 199 continues to read as follows: Authority: 5 U.S.C. 301; 10 U.S.C. Chapter 55. 2. Section 199.13(g)(2)(ii) is proposed to be revised to read as follows: § 199.13 TRICARE Dental Program. * * * * * (g) * * * (2) * * * (ii) Participating providers shall be reimbursed in accordance with the contractor’s network agreements, less any cost-share amount due for authorized services. * * * * * Dated: August 25, 2005. Jeannette Owings-Ballard, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 05–17299 Filed 8–30–05; 8:45 am] BILLING CODE 5001–06–M VerDate Aug<18>2005 16:22 Aug 30, 2005 Jkt 205001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 51 [OAR–2005–0148; FRL–7963–1] Advance Notice To Solicit Comments, Data and Information for Determining the Emissions Reductions Achieved in Ozone Nonattainment and Maintenance Areas From the Implementation of Rules Limiting the VOC Content of AIM Coatings Environmental Protection Agency (EPA). ACTION: Advance notice of proposed rulemaking. AGENCY: SUMMARY: By this action, EPA is soliciting comments, data and information for determining how to calculate the reductions in volatile organic compounds (VOC) emissions achieved in ozone nonattainment and maintenance areas from the implementation of rules which limit the VOC content of architectural coatings (commonly referred to as architectural industrial maintenance, or AIM, coatings). In addition to submitting comments, data and information, interested parties may also request to meet with EPA to present their recommended approaches and rationales. DATES: Please submit comments, data, and information on or before October 17, 2005. Requests to meet with EPA should be made on or before September 30, 2005. ADDRESSES: Submit your written comments, data and information, identified by Docket ID No. OAR–2005– 0148, by one of the following methods: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. Agency Web site: https://www.epa.gov/ edocket. EDOCKET, EPA’s electronic public docket and comment system, is EPA’s preferred method for receiving comments. Follow the on-line instructions for submitting comments. E-mail: Send electronic mail (e-mail) to EPA Docket Center at a-and-rDocket@epa.gov. Fax: Send faxes to the EPA Docket Center at (202) 566–1741. Mail: Air and Radiation Docket, U.S. Environmental Protection Agency, Mail Code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Attn: Docket ID No. OAR–2005–0148, Advance Notice for Information on Determining the Emissions Reductions Achieved from Limiting the VOC Content of Architectural Coating. Please include a total of two copies. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 Hand Delivery or Courier: EPA Docket Center (Air and Radiation Docket), U.S. Environmental Protection Agency, EPA West Building, Room B102, 1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for delivery of boxed information. Instructions: Direct your comments to Docket ID No. OAR–2005–0148. The EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at https:// www.epa.gov/edocket, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through EDOCKET, regulations.gov or e-mail. The EPA EDOCKET and the federal regulations.gov websites are ‘‘anonymous access’’ systems, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through EDOCKET or regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the EDOCKET index at https://www.epa.gov/ edocket. Although listed in the index, some information is not publicly available, i.e., 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 either electronically in EDOCKET or in hard copy during normal business hours at the Air and Radiation Docket, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., E:\FR\FM\31AUP1.SGM 31AUP1 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Marcia L. Spink, Associate Director for Air Programs, Air Protection Division, Mail Code 3AP20, U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103, telephone (215) 814–2104, or by e-mail at spink.marcia@epa.gov. To schedule a meeting with EPA, please contact David Sanders, U.S. EPA, Ozone Policy & Strategies Group, Air Quality Strategies & Standards Division, Mail Code C539–02, Office of Air Quality Planning & Standards, Research Triangle Park, NC 27711, telephone (919) 541–3356, or by e-mail at sanders.dave@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ‘‘we’’ and ‘‘its’’ refer to the EPA. I. Background On May 13, 2005 (70 FR 25688), EPA published a final rule approving several State Implementation Plan (SIP) revisions for the District of Columbia, State of Maryland and Commonwealth of Virginia, including the post 1999– 2005 Rate-of-Progress (ROP) plan for the Metropolitan Washington, DC 1-Hour Severe Ozone Nonattainment Area (the Washington area). That ROP plan relied upon, among other control measures, VOC emissions reductions from the District’s, Maryland’s and Virginia’s SIP-approved AIM coatings rules to satisfy certain contingency measure requirements applicable to ROP plans. These States’ SIP-approved AIM coatings rules are based upon a model rule developed by the Ozone Transport Commission (OTC). The EPA’s SIP approval of the District’s, Virginia’s and Maryland’s AIM coating rules, themselves (70 FR 24959, 24970, 24979; May 12, 2005, respectively), involved no consideration or approval of an amount of VOC emissions reductions or credits achieved by those States’ AIM coatings rules. Rather, EPA’s basis for approval of these States’ AIM coating rules, as well as Delaware’s, Pennsylvania’s and New York’s OTC model rule-based AIM coatings rules (67 FR 70315, November 22, 2002; 69 FR 68080, November 23, 2004; and 69 FR 72118, December 13, 2004, respectively) as SIP revisions was its determination that those AIM rules are as stringent or more stringent than VerDate Aug<18>2005 16:22 Aug 30, 2005 Jkt 205001 the otherwise applicable Federal AIM coatings rule.1 In publishing this action, EPA is not reopening its SIP approvals of any State AIM coatings rule or the Federal AIM coatings rule. The EPA is not reopening its determination that the SIP-approved State AIM rules are as stringent or more stringent than the otherwise applicable Federal AIM rule. Nor is EPA reopening its approval of the Washington area ROP plan, its decision with respect to credit for VOC reductions due to the State AIM rules in the Washington area ROP plan, or any SIP approval EPA has made to date in which credit for VOC reductions have been claimed due to either a State AIM coatings rule or the Federal AIM coatings rule. Please do not submit comments on any completed rulemakings. As stated previously, however, the Washington area’s post 1999–2005 ROP plan submitted by the District, Maryland and Virginia did rely upon, among other control measures, VOC emissions reductions from the three jurisdictions’ AIM coatings rules to satisfy certain contingency measure requirements applicable to ROP plans. As part of EPA’s proposed rulemaking process on the Washington area post 1999–2005 ROP plan, we independently performed calculations of the VOC emissions reductions achieved by implementation of the District’s, Maryland’s and Virginia’s AIM coatings rules. The EPA did this analysis to confirm that implementation of the AIM coatings rules in Maryland, Virginia, and the District of Columbia would result in at least the amount of VOC emissions reductions relied upon by the States and the District of Columbia for those rules in the Washington area ROP plan. During the public comment period of the proposed rule to approve the Washington area ROP plan (70 FR 2085; January 12, 2005), EPA received several comments, from both the regulated sector and the State of Maryland, related to the methodology and the associated baseline EPA employed to calculate the VOC emissions reductions from the three jurisdictions’ AIM coatings rules. In the final rule approving the Washington area post 1999–2005 ROP plan (70 FR 25688; May 13, 2005), EPA explained that it was not necessary to choose a particular methodology or baseline in order to approve the ROP plan because all of the approaches presented by EPA or the commenters 1 See 40 CFR, part 59, subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings; source: 63 FR 48877, September 11, 1998. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 51695 resulted in calculated VOC emissions reductions from implementation of Maryland, Virginia, and the District of Columbia’s AIM coatings rules sufficient to satisfy the requirements of the ROP plan. While it was not necessary to choose a particular methodology or baseline in order for EPA to approve the Washington area post 1999–2005 ROP plan, this may not always be the case. In the future, states may design reasonable further progress, attainment and maintenance plans for ozone nonattainment areas which rely upon VOC emissions reductions from the implementation of AIM coatings rules. For consistency from state to state in the development of such plans, and in EPA’s subsequent evaluation of those plans, we are soliciting comments, data, information and recommendations as to the baseline and calculation methodology for determining the emission reductions achieved from the implementation of rules which limit the VOC content of AIM coatings. The EPA is commencing this process in recognition of the need to formulate a technically sound and consistent approach that states may use to account for the VOC emissions from the AIM coatings sector in compiling base year and projection emission inventories, demonstrating reasonable further progress, and conducting modeling analyses as part of their ozone SIP planning activities. The EPA included the following paragraph in its final rule approving the Washington area’s post 1999–2005 ROP plan: ‘‘However, EPA recognizes the need to resolve conclusively how to determine the amount of VOC emission reductions achieved from the implementation of AIM coatings rules in a given ozone nonattainment area. This remains an issue of concern to the states, the regulated sector, and other interested parties. Therefore, EPA intends to conduct a separate process to solicit further comment, information and recommendations from all interested parties as to how to determine the amount of VOC emission reductions achieved from the implementation of AIM coatings rules in a given ozone nonattainment area.’’ By publishing this Advance Notice to Solicit Comments, Data and Information for Determining the Emissions Reductions Achieved in Ozone Nonattainment and Maintenance Areas from the Implementation of Rules Limiting the VOC Content of AIM Coatings, EPA is hereby commencing the separate process referenced in our final approval of the ROP plan for the Washington area. E:\FR\FM\31AUP1.SGM 31AUP1 51696 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules Those parties interested in participating in this process by submitting comments, data information or recommendations may find the Supplementary Technical Support Document (TSD) which EPA prepared in support of the final rule approving the Washington area post 1999–2005 ROP plan (70 FR 25688; May 13, 2005) to be a useful reference with regard to these issues. This TSD presents some helpful examples of baselines and methodologies used to calculate the VOC emissions reductions achieved from the implementation of AIM coating rules.2 This TSD is available, upon request, from the EPA Region 3 contact listed in the FOR FURTHER INFORMATION CONTACT section of this document, and is also in the EDOCKET (OAR–2005– 0148–0002) for this action. II. EPA’s Intent Regarding the Comments, Data, Information and Recommendations It is EPA’s intent to consider all relevant comments, data, information, and recommendations submitted to us to formulate a practicable, technically sound approach for calculating the VOC emissions achieved and creditable from the implementation of an AIM coatings rule in a given ozone nonattainment or maintenance area. As previously stated, EPA is commencing this process in recognition of the need to formulate a technically sound and consistent approach that States may use to account for the VOC emissions from the AIM coatings sector in compiling base year and projection emission inventories, demonstrating reasonable further progress, and conducting modeling analyses as part of their ozone SIP planning activities. It would also provide for consistency in EPA’s subsequent evaluations of states’ attainment, maintenance and progress plans that rely upon emissions reductions from the AIM coatings sector. Once EPA receives the comments, data, and information solicited herein, we will determine the appropriate next steps. The EPA believes, at this time, the next steps will likely include rulemaking and/or guidance to provide a practicable and technically sound approach for States, and other interested parties, to use in determining the VOC emissions reductions achieved by the implementation of AIM coating rules in ozone nonattainment and maintenance areas. Any such action will be 2 By citing to this Supplementary TSD as a reference, EPA is not re-opening its final rule approving the Washington area post-1999–2005 ROP plan (70 FR 25688; May 13, 2005). VerDate Aug<18>2005 16:22 Aug 30, 2005 Jkt 205001 conducted using notice and comment procedures. Once this rulemaking/ guidance has been provided, it will be available for states to use in the development of future state implementation plan (SIP) revisions, if any, that rely upon VOC emissions reductions achieved by the implementation of AIM coating rules in ozone nonattainment and maintenance areas. This rulemaking/guidance will not require any state to amend previously approved SIP revisions, however, it may be used by states, at their discretion, to revise their current SIPs as they deem appropriate. The EPA encourages all interested parties to participate in this process by submitting relevant comments, data, information and recommendations for how best to calculate the VOC emission reductions achieved from the adoption and implementation of an AIM coating rule in a given nonattainment or maintenance area. III. Statutory and Executive Order Reviews Under Executive Order (EO) 12866, Regulatory Planning and Review (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and is, therefore, not subject to review by the Office of Management and Budget (OMB). List of Subjects in 40 CFR Part 51 Environmental protection, Air pollution control, Ozone, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 24, 2005. Stephen L. Johnson, Administrator. [FR Doc. 05–17357 Filed 8–30–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 261 [FRL–7961–4] Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Proposed Exclusion The Environmental Protection Agency (the EPA). ACTION: Proposed rule and request for comment. AGENCY: SUMMARY: The EPA is proposing to grant a petition submitted by Saturn Corporation (Saturn) to exclude or ‘‘delist’’ wastewater treatment plant (WWTP) sludge generated from PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 conversion coating on aluminum at Saturn’s integrated automotive assembly facility located at 100 Saturn Parkway in Spring Hill, Tennessee, from the requirements of the hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). This exclusion would be valid only when the sludge is disposed of in a Subtitle D landfill that is permitted, licensed, or registered by a state to manage industrial solid waste. The EPA used the Delisting Risk Assessment Software (DRAS) in the evaluation of the potential impact of the petitioned waste on human health and the environment. The EPA bases its proposed decision to grant the petition based on an evaluation of waste-specific information provided by Saturn. This proposed decision, if finalized, conditionally excludes the petitioned waste from the requirements of the RCRA hazardous waste regulations. If finalized, the EPA would conclude that Saturn’s petitioned waste is nonhazardous with respect to the original listing criteria and that there are no other factors that would cause the waste to be hazardous. DATES: The EPA will accept public comments on this proposed decision until October 17, 2005. The EPA will stamp comments received after the close of the comment period as late. These late comments may not be considered in formulating a final decision. Any person may request a hearing on this proposed decision by filing a request to EPA by September 15, 2005. The request must contain the information prescribed in 40 CFR 260.20(d). ADDRESSES: Please send three copies of your comments. You should send two copies to the Chief, North Section, RCRA Enforcement and Compliance Branch, Waste Division, U.S. Environmental Protection Agency Region 4, Sam Nunn Atlanta Federal Center, 61 Forsyth Street S.W., Atlanta, Georgia, 30303. You should also send one copy to Mike Apple, Director, Division of Solid Waste Management, Tennessee Department of Environment and Conservation, 5th Floor, L&C Tower, 401 Church Street, Nashville, Tennessee, 37243–1535. You should identify your comments at the top with this regulatory docket number: R4DLP– 0502–Saturn. You may submit your comments electronically to Kristin Lippert at Lippert.Kristin@epa.gov. You should address requests for a hearing to Narindar M. Kumar, Chief, RCRA Enforcement and Compliance Branch, Waste Division, U.S. Environmental Protection Agency E:\FR\FM\31AUP1.SGM 31AUP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Proposed Rules]
[Pages 51694-51696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17357]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[OAR-2005-0148; FRL-7963-1]


Advance Notice To Solicit Comments, Data and Information for 
Determining the Emissions Reductions Achieved in Ozone Nonattainment 
and Maintenance Areas From the Implementation of Rules Limiting the VOC 
Content of AIM Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: By this action, EPA is soliciting comments, data and 
information for determining how to calculate the reductions in volatile 
organic compounds (VOC) emissions achieved in ozone nonattainment and 
maintenance areas from the implementation of rules which limit the VOC 
content of architectural coatings (commonly referred to as 
architectural industrial maintenance, or AIM, coatings). In addition to 
submitting comments, data and information, interested parties may also 
request to meet with EPA to present their recommended approaches and 
rationales.

DATES: Please submit comments, data, and information on or before 
October 17, 2005. Requests to meet with EPA should be made on or before 
September 30, 2005.

ADDRESSES: Submit your written comments, data and information, 
identified by Docket ID No. OAR-2005-0148, by one of the following 
methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: https://www.epa.gov/edocket. EDOCKET, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    E-mail: Send electronic mail (e-mail) to EPA Docket Center at a-
and-r-Docket@epa.gov.
    Fax: Send faxes to the EPA Docket Center at (202) 566-1741.
    Mail: Air and Radiation Docket, U.S. Environmental Protection 
Agency, Mail Code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 
20460. Attn: Docket ID No. OAR-2005-0148, Advance Notice for 
Information on Determining the Emissions Reductions Achieved from 
Limiting the VOC Content of Architectural Coating. Please include a 
total of two copies.
    Hand Delivery or Courier: EPA Docket Center (Air and Radiation 
Docket), U.S. Environmental Protection Agency, EPA West Building, Room 
B102, 1301 Constitution Avenue, NW., Washington, DC 20004. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for delivery of 
boxed information.
    Instructions: Direct your comments to Docket ID No. OAR-2005-0148. 
The EPA's policy is that all comments received will be included in the 
public docket without change, and may be made available online at 
https://www.epa.gov/edocket, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through EDOCKET, 
regulations.gov or e-mail. The EPA EDOCKET and the federal 
regulations.gov websites are ``anonymous access'' systems, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through EDOCKET or regulations.gov, your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
EDOCKET index at https://www.epa.gov/edocket. Although listed in the 
index, some information is not publicly available, i.e., 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 either electronically in 
EDOCKET or in hard copy during normal business hours at the Air and 
Radiation Docket, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave.,

[[Page 51695]]

NW., Washington, DC. The EPA Docket Center Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Reading Room is (202) 566-1744, 
and the telephone number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Marcia L. Spink, Associate Director 
for Air Programs, Air Protection Division, Mail Code 3AP20, U.S. EPA 
Region III, 1650 Arch Street, Philadelphia, PA 19103, telephone (215) 
814-2104, or by e-mail at spink.marcia@epa.gov. To schedule a meeting 
with EPA, please contact David Sanders, U.S. EPA, Ozone Policy & 
Strategies Group, Air Quality Strategies & Standards Division, Mail 
Code C539-02, Office of Air Quality Planning & Standards, Research 
Triangle Park, NC 27711, telephone (919) 541-3356, or by e-mail at 
sanders.dave@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we'' 
and ``its'' refer to the EPA.

I. Background

    On May 13, 2005 (70 FR 25688), EPA published a final rule approving 
several State Implementation Plan (SIP) revisions for the District of 
Columbia, State of Maryland and Commonwealth of Virginia, including the 
post 1999-2005 Rate-of-Progress (ROP) plan for the Metropolitan 
Washington, DC 1-Hour Severe Ozone Nonattainment Area (the Washington 
area). That ROP plan relied upon, among other control measures, VOC 
emissions reductions from the District's, Maryland's and Virginia's 
SIP-approved AIM coatings rules to satisfy certain contingency measure 
requirements applicable to ROP plans.
    These States' SIP-approved AIM coatings rules are based upon a 
model rule developed by the Ozone Transport Commission (OTC). The EPA's 
SIP approval of the District's, Virginia's and Maryland's AIM coating 
rules, themselves (70 FR 24959, 24970, 24979; May 12, 2005, 
respectively), involved no consideration or approval of an amount of 
VOC emissions reductions or credits achieved by those States' AIM 
coatings rules. Rather, EPA's basis for approval of these States' AIM 
coating rules, as well as Delaware's, Pennsylvania's and New York's OTC 
model rule-based AIM coatings rules (67 FR 70315, November 22, 2002; 69 
FR 68080, November 23, 2004; and 69 FR 72118, December 13, 2004, 
respectively) as SIP revisions was its determination that those AIM 
rules are as stringent or more stringent than the otherwise applicable 
Federal AIM coatings rule.\1\
---------------------------------------------------------------------------

    \1\ See 40 CFR, part 59, subpart D--National Volatile Organic 
Compound Emission Standards for Architectural Coatings; source: 63 
FR 48877, September 11, 1998.
---------------------------------------------------------------------------

    In publishing this action, EPA is not reopening its SIP approvals 
of any State AIM coatings rule or the Federal AIM coatings rule. The 
EPA is not reopening its determination that the SIP-approved State AIM 
rules are as stringent or more stringent than the otherwise applicable 
Federal AIM rule. Nor is EPA reopening its approval of the Washington 
area ROP plan, its decision with respect to credit for VOC reductions 
due to the State AIM rules in the Washington area ROP plan, or any SIP 
approval EPA has made to date in which credit for VOC reductions have 
been claimed due to either a State AIM coatings rule or the Federal AIM 
coatings rule. Please do not submit comments on any completed 
rulemakings.
    As stated previously, however, the Washington area's post 1999-2005 
ROP plan submitted by the District, Maryland and Virginia did rely 
upon, among other control measures, VOC emissions reductions from the 
three jurisdictions' AIM coatings rules to satisfy certain contingency 
measure requirements applicable to ROP plans. As part of EPA's proposed 
rulemaking process on the Washington area post 1999-2005 ROP plan, we 
independently performed calculations of the VOC emissions reductions 
achieved by implementation of the District's, Maryland's and Virginia's 
AIM coatings rules. The EPA did this analysis to confirm that 
implementation of the AIM coatings rules in Maryland, Virginia, and the 
District of Columbia would result in at least the amount of VOC 
emissions reductions relied upon by the States and the District of 
Columbia for those rules in the Washington area ROP plan.
    During the public comment period of the proposed rule to approve 
the Washington area ROP plan (70 FR 2085; January 12, 2005), EPA 
received several comments, from both the regulated sector and the State 
of Maryland, related to the methodology and the associated baseline EPA 
employed to calculate the VOC emissions reductions from the three 
jurisdictions' AIM coatings rules. In the final rule approving the 
Washington area post 1999-2005 ROP plan (70 FR 25688; May 13, 2005), 
EPA explained that it was not necessary to choose a particular 
methodology or baseline in order to approve the ROP plan because all of 
the approaches presented by EPA or the commenters resulted in 
calculated VOC emissions reductions from implementation of Maryland, 
Virginia, and the District of Columbia's AIM coatings rules sufficient 
to satisfy the requirements of the ROP plan.
    While it was not necessary to choose a particular methodology or 
baseline in order for EPA to approve the Washington area post 1999-2005 
ROP plan, this may not always be the case. In the future, states may 
design reasonable further progress, attainment and maintenance plans 
for ozone nonattainment areas which rely upon VOC emissions reductions 
from the implementation of AIM coatings rules. For consistency from 
state to state in the development of such plans, and in EPA's 
subsequent evaluation of those plans, we are soliciting comments, data, 
information and recommendations as to the baseline and calculation 
methodology for determining the emission reductions achieved from the 
implementation of rules which limit the VOC content of AIM coatings. 
The EPA is commencing this process in recognition of the need to 
formulate a technically sound and consistent approach that states may 
use to account for the VOC emissions from the AIM coatings sector in 
compiling base year and projection emission inventories, demonstrating 
reasonable further progress, and conducting modeling analyses as part 
of their ozone SIP planning activities. The EPA included the following 
paragraph in its final rule approving the Washington area's post 1999-
2005 ROP plan: ``However, EPA recognizes the need to resolve 
conclusively how to determine the amount of VOC emission reductions 
achieved from the implementation of AIM coatings rules in a given ozone 
nonattainment area. This remains an issue of concern to the states, the 
regulated sector, and other interested parties. Therefore, EPA intends 
to conduct a separate process to solicit further comment, information 
and recommendations from all interested parties as to how to determine 
the amount of VOC emission reductions achieved from the implementation 
of AIM coatings rules in a given ozone nonattainment area.'' By 
publishing this Advance Notice to Solicit Comments, Data and 
Information for Determining the Emissions Reductions Achieved in Ozone 
Nonattainment and Maintenance Areas from the Implementation of Rules 
Limiting the VOC Content of AIM Coatings, EPA is hereby commencing the 
separate process referenced in our final approval of the ROP plan for 
the Washington area.

[[Page 51696]]

    Those parties interested in participating in this process by 
submitting comments, data information or recommendations may find the 
Supplementary Technical Support Document (TSD) which EPA prepared in 
support of the final rule approving the Washington area post 1999-2005 
ROP plan (70 FR 25688; May 13, 2005) to be a useful reference with 
regard to these issues. This TSD presents some helpful examples of 
baselines and methodologies used to calculate the VOC emissions 
reductions achieved from the implementation of AIM coating rules.\2\ 
This TSD is available, upon request, from the EPA Region 3 contact 
listed in the For Further Information Contact section of this document, 
and is also in the EDOCKET (OAR-2005-0148-0002) for this action.
---------------------------------------------------------------------------

    \2\ By citing to this Supplementary TSD as a reference, EPA is 
not re-opening its final rule approving the Washington area post-
1999-2005 ROP plan (70 FR 25688; May 13, 2005).
---------------------------------------------------------------------------

II. EPA's Intent Regarding the Comments, Data, Information and 
Recommendations

    It is EPA's intent to consider all relevant comments, data, 
information, and recommendations submitted to us to formulate a 
practicable, technically sound approach for calculating the VOC 
emissions achieved and creditable from the implementation of an AIM 
coatings rule in a given ozone nonattainment or maintenance area. As 
previously stated, EPA is commencing this process in recognition of the 
need to formulate a technically sound and consistent approach that 
States may use to account for the VOC emissions from the AIM coatings 
sector in compiling base year and projection emission inventories, 
demonstrating reasonable further progress, and conducting modeling 
analyses as part of their ozone SIP planning activities. It would also 
provide for consistency in EPA's subsequent evaluations of states' 
attainment, maintenance and progress plans that rely upon emissions 
reductions from the AIM coatings sector.
    Once EPA receives the comments, data, and information solicited 
herein, we will determine the appropriate next steps. The EPA believes, 
at this time, the next steps will likely include rulemaking and/or 
guidance to provide a practicable and technically sound approach for 
States, and other interested parties, to use in determining the VOC 
emissions reductions achieved by the implementation of AIM coating 
rules in ozone nonattainment and maintenance areas. Any such action 
will be conducted using notice and comment procedures. Once this 
rulemaking/guidance has been provided, it will be available for states 
to use in the development of future state implementation plan (SIP) 
revisions, if any, that rely upon VOC emissions reductions achieved by 
the implementation of AIM coating rules in ozone nonattainment and 
maintenance areas. This rulemaking/guidance will not require any state 
to amend previously approved SIP revisions, however, it may be used by 
states, at their discretion, to revise their current SIPs as they deem 
appropriate.
    The EPA encourages all interested parties to participate in this 
process by submitting relevant comments, data, information and 
recommendations for how best to calculate the VOC emission reductions 
achieved from the adoption and implementation of an AIM coating rule in 
a given nonattainment or maintenance area.

III. Statutory and Executive Order Reviews

    Under Executive Order (EO) 12866, Regulatory Planning and Review 
(58 FR 51735, October 4, 1993), this action is not a ``significant 
regulatory action'' and is, therefore, not subject to review by the 
Office of Management and Budget (OMB).

List of Subjects in 40 CFR Part 51

    Environmental protection, Air pollution control, Ozone, Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 24, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 05-17357 Filed 8-30-05; 8:45 am]
BILLING CODE 6560-50-P

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