Approval and Promulgation of Air Quality Implementation Plans; Delaware; Adhesives and Sealants Rule, 59087-59088 [2011-24518]
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Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Proposed Rules
document, where possible. Otherwise,
they may be reproduced by any
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and legible copies. Each person filing a
hardcopy document with the
Commission mut prove an original and
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signed but shall show the full name of
the individual signing the original
document and the certificate of service
attached thereto.
*
*
*
*
*
2. Revise § 3001.17 to read as follows:
erowe on DSK2VPTVN1PROD with PROPOSALS-1
§ 3001.17
Notice of proceeding.
(a) When issued. The Commission
shall issue a notice of proceeding to be
determined on the record with an
opportunity for any interested person to
request a hearing whenever:
(1) The Postal Service files a request
with the Commission to issue an
advisory opinion on a proposed change
in the nature of postal services which
will generally affect service on a
nationwide or substantially nationwide
basis;
(2) The Commission in the exercise of
its discretion determines that an
opportunity for hearing should be
provided with regard to a complaint
filed pursuant to part 3030 of this
chapter; or
(3) The Commission in the exercise of
its discretion determines it is
appropriate.
(b) Service of notice. Each notice of
proceeding shall be served on the Postal
Service and the complainant in a
complaint proceeding.
(c) Contents of notice. The notice of
proceeding shall include the following:
(1) The general nature of the
proceeding involved in terms of
categories listed in paragraph (a) of this
section;
(2) A reference to the legal authority
under which the proceeding is to be
conducted;
(3) A concise description of proposals
for changes in rates or fees; proposals
for changes in the nature of postal
services; and in the case of a complaint,
an identification of the complainant and
a concise description of the subject
matter of the complaint;
(4) The date by which notices of
intervention and requests for hearing
must be filed; and
(5) Such other information as the
Commission may desire to include.
[FR Doc. 2011–24311 Filed 9–22–11; 8:45 am]
BILLING CODE P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0721; FRL–9470–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Adhesives and Sealants
Rule
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
State Implementation Plan (SIP)
revision submitted by the State of
Delaware. The SIP revision adds section
4.0, under Regulation 1141, relating to
the control of emissions of volatile
organic compounds (VOC) from the
manufacture, sale, use, or application of
adhesives, sealants, primers, and
solvents. This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before October 24, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0721 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2011–0721,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID Number EPA–R03–OAR–
2011–0721. 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.regulations.gov, 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 https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
59087
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 https://
www.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
https://www.regulations.gov index.
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 https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Delaware Department of
Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by
e-mail at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 9, 2009, the Delaware
Department of Natural Resources and
Environmental Control (DNREC)
submitted a revision to the Delaware
SIP. The SIP revision consists of
Delaware’s regulation for reducing
VOCs from commercially-used adhesive
and sealant products by adding section
4.0—Adhesives and Sealants under
Regulation 1141—Limiting Emissions of
Volatile Organic Compounds from
Consumer and Commercial Products.
The revisions are part of Delaware’s
strategy to achieve and maintain the 8hour ozone national ambient air quality
standard (NAAQS) throughout the State.
E:\FR\FM\23SEP1.SGM
23SEP1
59088
Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Proposed Rules
III. Summary of SIP Revision
The SIP revision consists of the
following amendments:
erowe on DSK2VPTVN1PROD with PROPOSALS-1
New Regulation—Regulation 1141
Section 4.0—Adhesives and Sealants
Section 4.0 is a new regulation based
on the Ozone Transport Commission
(OTC) model rule that in turn was based
on the California Air Resources Board
(CARB) model rule. Section 4.0
addresses adhesive, sealants, adhesive
primers, and sealant primers that are
sold in larger containers and used
primarily in commercial and industrial
applications, which include residential
applications of these products, such as
carpet, flooring, and roofing
installations.
The OTC states developed a model
rule ‘‘OTC Model Rule For Adhesives
and Sealants’’ dated 2006 which was
based on the 1998 CARB reasonably
available control technology (RACT)
determination. This RACT
determination applied to both the
manufacture and use of adhesives,
sealants, adhesive primers, or sealant
primers, in both industrial and
manufacturing facilities and in the field.
California Air Districts used this
determination to develop regulations for
this category. EPA addressed this source
category with a Control Techniques
Guideline (CTG) document for
Miscellaneous Industrial Adhesives,
dated September 2008. This CTG was
developed in response to section 183(e)
of the CAA requirement for EPA to
study and regulate consumer and
commercial products, which is included
in EPA’s Report to Congress, ‘‘Study of
Volatile Organic Compound Emissions
from Consumer and Commercial
Products—Comprehensive Emissions
Inventory.’’ The miscellaneous
industrial adhesives category was
limited to adhesives and adhesive
primers used in industrial and
manufacturing operations and did not
include products applied in the field.
Therefore, the OTC model rule and state
efforts in developing individual
regulations preceded EPA’s CTG for this
source category and were broader in
applicability.
The new section 4.0 adds regulations
that: (a) Set standards for the
application of adhesives, sealants,
adhesive primers, and sealant primers
by providing options for appliers either
to use a product with a VOC content
equal to or less than a specified limit or
to use add-on controls; (b) add
definitions and terms for new product
categories; (c) establish that any person
may not use or apply at the facility an
adhesive, sealant, adhesive primer or
VerDate Mar<15>2010
14:41 Sep 22, 2011
Jkt 223001
sealant primer that exceeds the VOC
content limits; (d) specify requirements
for person of a facility that uses or
applies a surface preparation solvent or
cleanup solvent or removes an adhesive,
sealant, adhesive primer, and sealant
primer from the parts of spray
application equipment; (e) provide for
an alternative add-on control system
requirement of at least 85 percent
overall control efficiency (capture and
destruction), by weight; (f) specify
requirements for proper storage and
disposal, work practices, surface
preparation, and cleanup solvent
composition; and (g) specify
exemptions, as well as registration and
product labeling requirements,
recordkeeping requirements, and test
methods and compliance procedures.
A detailed summary of EPA’s review
of and rationale for proposing to
approve this SIP revision may be found
in the Technical Support Document
(TSD) for this action which is available
on-line at https://www.regulations.gov,
Docket number EPA–R03–OAR–2011–
0721.
III. Proposed Action
EPA is proposing to approve the
Delaware SIP revision adding section
4.0—Adhesives and Sealants to
Regulation 1141—Limiting Emissions of
Volatile Organic Compounds from
Consumer and Commercial Products.
EPA is soliciting public comments on
the issues discussed in this document.
These comments will be considered
before taking final action.
IV. Statutory and Executive Order
Reviews
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 proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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
PO 00000
Frm 00023
Fmt 4702
Sfmt 9990
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule,
pertaining to Delaware’s control of
VOCs from adhesives and sealants, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 6, 2011.
James W. Newsom,
Acting, Regional Administrator, Region III.
[FR Doc. 2011–24518 Filed 9–22–11; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\23SEP1.SGM
23SEP1
]]>Agencies
[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Proposed Rules]
[Pages 59087-59088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24518]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0721; FRL-9470-9]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Adhesives and Sealants Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve State Implementation Plan (SIP)
revision submitted by the State of Delaware. The SIP revision adds
section 4.0, under Regulation 1141, relating to the control of
emissions of volatile organic compounds (VOC) from the manufacture,
sale, use, or application of adhesives, sealants, primers, and
solvents. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before October 24, 2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0721 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2011-0721, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID Number EPA-R03-OAR-
2011-0721. 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.regulations.gov, 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 https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, 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 https://www.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
https://www.regulations.gov index. 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 https://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Delaware Department of Natural
Resources and Environmental Control, 89 Kings Highway, P.O. Box 1401,
Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by
e-mail at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 9, 2009, the Delaware Department of Natural Resources and
Environmental Control (DNREC) submitted a revision to the Delaware SIP.
The SIP revision consists of Delaware's regulation for reducing VOCs
from commercially-used adhesive and sealant products by adding section
4.0--Adhesives and Sealants under Regulation 1141--Limiting Emissions
of Volatile Organic Compounds from Consumer and Commercial Products.
The revisions are part of Delaware's strategy to achieve and maintain
the 8-hour ozone national ambient air quality standard (NAAQS)
throughout the State.
[[Page 59088]]
III. Summary of SIP Revision
The SIP revision consists of the following amendments:
New Regulation--Regulation 1141 Section 4.0--Adhesives and Sealants
Section 4.0 is a new regulation based on the Ozone Transport
Commission (OTC) model rule that in turn was based on the California
Air Resources Board (CARB) model rule. Section 4.0 addresses adhesive,
sealants, adhesive primers, and sealant primers that are sold in larger
containers and used primarily in commercial and industrial
applications, which include residential applications of these products,
such as carpet, flooring, and roofing installations.
The OTC states developed a model rule ``OTC Model Rule For
Adhesives and Sealants'' dated 2006 which was based on the 1998 CARB
reasonably available control technology (RACT) determination. This RACT
determination applied to both the manufacture and use of adhesives,
sealants, adhesive primers, or sealant primers, in both industrial and
manufacturing facilities and in the field. California Air Districts
used this determination to develop regulations for this category. EPA
addressed this source category with a Control Techniques Guideline
(CTG) document for Miscellaneous Industrial Adhesives, dated September
2008. This CTG was developed in response to section 183(e) of the CAA
requirement for EPA to study and regulate consumer and commercial
products, which is included in EPA's Report to Congress, ``Study of
Volatile Organic Compound Emissions from Consumer and Commercial
Products--Comprehensive Emissions Inventory.'' The miscellaneous
industrial adhesives category was limited to adhesives and adhesive
primers used in industrial and manufacturing operations and did not
include products applied in the field. Therefore, the OTC model rule
and state efforts in developing individual regulations preceded EPA's
CTG for this source category and were broader in applicability.
The new section 4.0 adds regulations that: (a) Set standards for
the application of adhesives, sealants, adhesive primers, and sealant
primers by providing options for appliers either to use a product with
a VOC content equal to or less than a specified limit or to use add-on
controls; (b) add definitions and terms for new product categories; (c)
establish that any person may not use or apply at the facility an
adhesive, sealant, adhesive primer or sealant primer that exceeds the
VOC content limits; (d) specify requirements for person of a facility
that uses or applies a surface preparation solvent or cleanup solvent
or removes an adhesive, sealant, adhesive primer, and sealant primer
from the parts of spray application equipment; (e) provide for an
alternative add-on control system requirement of at least 85 percent
overall control efficiency (capture and destruction), by weight; (f)
specify requirements for proper storage and disposal, work practices,
surface preparation, and cleanup solvent composition; and (g) specify
exemptions, as well as registration and product labeling requirements,
recordkeeping requirements, and test methods and compliance procedures.
A detailed summary of EPA's review of and rationale for proposing
to approve this SIP revision may be found in the Technical Support
Document (TSD) for this action which is available on-line at https://www.regulations.gov, Docket number EPA-R03-OAR-2011-0721.
III. Proposed Action
EPA is proposing to approve the Delaware SIP revision adding
section 4.0--Adhesives and Sealants to Regulation 1141--Limiting
Emissions of Volatile Organic Compounds from Consumer and Commercial
Products. EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action.
IV. Statutory and Executive Order Reviews
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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 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 proposed rule, pertaining to Delaware's control of
VOCs from adhesives and sealants, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone, Reporting
and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 6, 2011.
James W. Newsom,
Acting, Regional Administrator, Region III.
[FR Doc. 2011-24518 Filed 9-22-11; 8:45 am]
BILLING CODE 6560-50-P
