Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Revisions To Control Volatile Organic Compound Emissions for Surface Coatings and Graphic Arts, 75467-75470 [2011-30924]
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Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations
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 January 31, 2012. 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
pertaining to the determinations of
attainment for the Parkersburg-Marietta,
WV-OH and the Wheeling, WV-OH
PM2.5 nonattainment areas 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, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: September 27, 2011.
W.C. Early,
Acting Regional Administrator, Region 3.
Dated: October 18, 2011.
Susan Hedman,
Regional Administrator, Region 5.
Wheeling, WV-OH PM2.5 nonattainment
areas are not subject to the
consequences of failing to attain
pursuant to section 179(d).
Subpart XX—West Virginia
3. Section 52.2527 is amended by
adding paragraph (d) to read as follows:
■
§ 52.2527
Determinations of attainment.
*
*
*
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(d) Based upon EPA’s review of the
air quality data for the 3-year period
2007 to 2009, EPA determined that the
Parkersburg-Marietta, WV-OH and
Wheeling, WV-OH fine particle (PM2.5)
nonattainment areas attained the 1997
annual PM2.5 National Ambient Air
Quality Standard (NAAQS) by the
applicable attainment date of April 5,
2010. Therefore, EPA has met the
requirement pursuant to CAA section
179(c) to determine, based on the areas’
air quality as of the attainment date,
whether the areas attained the standard.
EPA also determined that the
Parkersburg-Marietta, WV-OH and
Wheeling, WV-OH PM2.5 nonattainment
areas are not subject to the
consequences of failing to attain
pursuant to section 179(d).
[FR Doc. 2011–30923 Filed 12–1–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR part 52 is amended as follows:
[EPA–R06–OAR–2010–0775; FRL–9496–8]
1. The authority citation for part 52
continues to read as follows:
Approval and Promulgation of Air
Quality Implementation Plans;
Louisiana; Revisions To Control
Volatile Organic Compound Emissions
for Surface Coatings and Graphic Arts
Authority: 42 U.S.C. 7401 et seq.
Subpart KK—Ohio
2. Section 52.1892 is amended by
adding paragraph (d) to read as follows:
■
§ 52.1892
Determinations of attainment.
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*
*
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(d) Based upon EPA’s review of the
air quality data for the 3-year period
2007 to 2009, EPA determined that the
Parkersburg-Marietta, WV-OH and
Wheeling, WV-OH fine particle (PM2.5)
nonattainment areas attained the 1997
annual PM2.5 National Ambient Air
Quality Standard (NAAQS) by the
applicable attainment date of April 5,
2010. Therefore, EPA has met the
requirement pursuant to CAA section
179(c) to determine, based on the areas’
air quality as of the attainment date,
whether the areas attained the standard.
EPA also determined that the
Parkersburg-Marietta, WV-OH and
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving State
Implementation Plan (SIP) revisions for
control of volatile organic compounds
(VOCs) adopted by Louisiana on June
20, 2009 and August 20, 2010, and
submitted to EPA on August 31, 2010.
EPA is also approving, by parallel
processing, a SIP revision for control of
emission of organic compounds which
was proposed by Louisiana on January
10, 2011 and adopted on April 20, 2011.
EPA issued Control Techniques
Guidelines (CTGs) in 2006, 2007 and
2008; Louisiana’s rule revisions being
approved in this action were developed
in response to these CTGs. EPA is
approving these revisions because they
SUMMARY:
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meet the requirements of Reasonably
Available Control Technology (RACT)
as set forth in the Clean Air Act (CAA)
as well as the requirements of EPA’s
regulations, and they are consistent with
EPA’s guidance. This action is being
taken under section 110 and part D of
the CAA.
This final rule is effective on
January 3, 2012.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2010–0775. All documents in the docket
are listed at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
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 through
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 Freedom of
Information Act (FOIA) Review Room
between the hours of 8:30 a.m. and 4:30
p.m. weekdays except for legal holidays.
Contact the person listed in the FOR
ADDRESSES:
FURTHER INFORMATION CONTACT
40 CFR Part 52
PART 52—[AMENDED]
■
75467
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paragraph below or Mr. Bill Deese at
(214) 665–7253 to make an
appointment. If possible, please make
the appointment at least two working
days in advance of your visit. There will
be a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
Ms.
Ellen Belk, Air Planning Section (6PD–
L), Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
(214) 665–2164; fax number (214) 665–
7263; email address belk.ellen@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Outline
I. What is the background for these actions?
II. What comments did we receive on the
proposed rule?
III. What actions are we taking?
IV. Statutory and Executive Order Reviews
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II. What comments did we receive on
the proposed rule?
This action approves rules to
implement measures in response to
CTGs issued in 2006, 2007, and 2008.
We are approving these revisions
because they enhance the Louisiana SIP
by improving control of emissions from
VOC sources in Louisiana. These
revisions reflect changes in response to
CTGs issued in 2006, 2007 and 2008.
These CTGs cover the following source
categories: Consumer and Commercial
Products Group II: Control Techniques
Guidelines in Lieu of Regulations for
Flexible Packaging Printing Materials,
Lithographic Printing Materials,
Letterpress Printing Materials, Industrial
Cleaning Solvents, and Flat Wood
Paneling Coatings (71 FR 58745,
October 5, 2006); Consumer and
Commercial Products: Control
Techniques Guidelines in Lieu of
Regulations for Paper, Film, and Foil
Coatings; Metal Furniture Coatings; and
Large Appliance Coatings (72 FR 57215,
October 9, 2007); Consumer and
Commercial Products, Group IV: Control
Techniques Guidelines in Lieu of
Regulations for Miscellaneous Metal
Products Coatings, Plastic Parts
Coatings, Auto and Light-Duty Truck
Assembly Coatings, Fiberglass Boat
Manufacturing Materials, and
Miscellaneous Industrial Adhesives (73
FR 58481, October 7, 2008). These
revisions include updates to the
following Louisiana rules: Chapter 1
General Provisions, amendments to
§ 111 Definitions; Chapter 21 Control of
Emission of Organic Compounds,
amendments to § 2123 Organic Solvents,
and § 2143 Graphic Arts (Printing) by
Rotogravure, Flexographic, Offset
Lithographic, Letterpress, and Flexible
Package Printing Processes.
Also, this action finds that these
revisions meet RACT requirements for
the above source categories. These
revisions meet statutory and regulatory
requirements, and are consistent with
EPA’s guidance. EPA is approving these
revisions pursuant to section 110 and
part D of the CAA. For additional
information, see our March 17, 2011,
proposal (76 FR 14602).1
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I. What is the background for these
actions?
We received a comment letter from
American Coatings Association on our
proposed rulemaking. The comment
letter was received by email and is
available for review in the electronic
docket for this rulemaking at the
regulations.gov Web site (Docket No.
EPA–R06–OAR–2010–0775). Our
response to the comment letter is
provided below.
1 We note that in our March 17, 2011 proposal,
the summary of Louisiana’s graphics arts
regulations contains certain details which are not
correct. The reference to applicability for the
graphic arts rules should refer to § 2143. A. (rather
than B.). Also, in East Baton Rouge, Iberville,
Livingston, Pointe Coupee and West Baton Rouge
parishes, the rules apply to any facility with the
potential to emit a combined weight of VOCs
greater than 25 tpy (rather than 50 tpy). The
applicability in the rules is consistent with
requirements for a severe nonattainment area. These
inadvertent errors in the description of the
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Response to Comments
Comments: American Coatings
Association (ACA) expressed concerns
with the Pleasure Craft portion of the
Control Techniques Guidelines (CTG)
for Miscellaneous Metal and Plastic
Parts Coatings, Group IV. The ACA
objected to the limits the CTG
recommended as being RACT for the
Pleasure Craft coatings industry, and
requested modifications to the VOC
limits for three categories, changes to
the definition of two categories, an
additional specialty coating category,
and an exemption. These requested
changes are summarized as follows:
Finish Primer/Surfacer:
Revised VOC Limit (from 420 g/L to
600 g/L).
Extreme High Gloss Coating
Revised VOC Limit (from 490 g/L to
600 g/L).
Revised Definition.
Other Substrate Anti-Foulant Coating:
Revised VOC Limit (from 330 g/L to
400 g/L).
Anti-fouling Sealer/Tie Coat (new
category):
Additional Specialty Category and
VOC Limit of 420 g/L.
Pre-Treatment Wash Primer:
Revised Definition.
Small Container Exemption.
According to ACA, these revisions are
necessary to meet customer expectations
and continue to make the industry
economically viable.
As mentioned above, the comment
letter is available in the docket for this
action.
Response: This rulemaking action is
limited to approval of the state’s official
SIP submittal, submitted to us on
August 31, 2010. Specifically, this
action concerns whether the rules that
LDEQ submitted to EPA to meet the
requirements of section 182(b)(2)(A) of
the CAA meet statutory and regulatory
requirements. The state revised its
Miscellaneous Metal and Plastic Parts
Coatings regulations based on EPA’s
2008 guidance titled ‘‘Control
Louisiana rules do not affect our decision to
approve the rule revisions.
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Techniques Guidelines for
Miscellaneous Metal Products Coatings
and Plastic Parts Coatings.’’ As
explained in more detail in our
proposal, EPA determined that the
state’s submitted revisions meet RACT
requirements and are consistent with
the 2008 guidance. The comments do
not present evidence of why the
requirements established in the State’s
submission are inconsistent with the
RACT requirement of the Act and thus
provide no basis for our disapproval of
the State submission.
EPA must either approve or
disapprove the state’s submitted SIP
revision pursuant to CAA section
110(k)(3), 42 U.S.C. 7407(k)(3). As a
matter of law, EPA is required to
approve a SIP revision if it meets the
Act’s requirements. EPA has no
authority to modify the State’s
submission.
We note that issues similar to those
raised by the Commenters have
previously been raised to the Agency. In
response to those concerns, EPA issued
guidance that provides additional
information regarding the pleasure craft
industry in a memorandum from
Stephen D. Page, Director, OAQPS,
dated June 1, 2010, titled, ‘‘Control
Technique Guidelines for Miscellaneous
metal and Plastic Part Coatings—
Industry Request for Reconsideration.’’
The Page memorandum provides
additional information on how the
Commenters’ concerns can best be
addressed. The memo, in part, states:
‘‘After careful evaluation of the issues
raised by the pleasure craft industry,
OAQPS is 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 because the CTG impose no
legally binding requirements on any
entity, including pleasure craft coating
facilities * * *. The CTG are intended
to provide state and local air pollution
control authorities with information to
assist them in determining RACT for
VOC * * * States can use the
recommendations from the MMPPC
CTG to inform their own determination
as to what constitutes RACT for VOC for
pleasure craft coating operations in their
particular nonattainment areas.’’ (p. 3 of
the June 1, 2010 Memo). In addition, we
note that LDEQ considered similar
comments from the Commenters prior to
the adoption of this SIP package by the
State on August 10, 2010 and provided
those comments to us in its official SIP
submittal. Those comments are a part of
the state’s official submittal, which is
included in the docket for this
rulemaking.
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III. What actions are we taking?
EPA is approving SIP revisions for
control of emission of volatile organic
compounds (VOC) adopted by Louisiana
on June 20, 2009, and August 20, 2010,
and submitted to EPA as part of a larger
submittal on August 31, 2010. These
revisions were included as appendices
to the second of three volumes
submitted by the LDEQ in August 2010;
these are Appendices A and B of the
second volume, entitled ‘‘VOC RACT
Control Technique Guidelines’’. We are
also approving, by parallel processing, a
revision for control of emission of VOC
adopted on April 20, 2011, which is a
small wording change. Together, these
August 2010 and April 2011 revisions
include updates to the following
Louisiana rules: Chapter 1 General
Provisions, amendments to § 111
Definitions; Chapter 21 Control of
Emission of Organic Compounds,
amendments to § 2123 Organic Solvents,
and § 2143 Graphic Arts (Printing) by
Rotogravure, Flexographic, Offset
Lithographic, Letterpress, and Flexible
Package Printing Processes.
We are approving these revisions as
meeting the requirements of the CAA,
including CAA section 182(b)(2)(A).
These revisions reflect changes in
response to CTGs issued in 2006, 2007
and 2008: Consumer and Commercial
Products Group II: Control Techniques
Guidelines in Lieu of Regulations for
Flexible Packaging Printing Materials,
Lithographic Printing Materials,
Letterpress Printing Materials, Industrial
Cleaning Solvents, and Flat Wood
Paneling Coatings (71 FR 58745,
October 5, 2006); Consumer and
Commercial Products: Control
Techniques Guidelines in Lieu of
Regulations for Paper, Film, and Foil
Coatings; Metal Furniture Coatings; and
Large Appliance Coatings (72 FR 57215,
October 9, 2007); Consumer and
Commercial Products, Group IV: Control
Techniques Guidelines in Lieu of
Regulations for Miscellaneous Metal
Products Coatings, Plastic Parts
Coatings, Auto and Light-Duty Truck
Assembly coatings, Fiberglass Boat
Manufacturing Materials, and
Miscellaneous Industrial Adhesives (73
FR 58481, October 7, 2008).
We have determined that these
revisions meet the requirements of the
CAA and our regulations, and that they
are consistent with EPA’s guidance.
EPA is granting approval of these
revisions pursuant to section 110 and
part D of the CAA.
As previously mentioned, more
information on the SIP revisions we are
approving can be found in our proposal
published in the March 17, 2011
Federal Register (76 FR 14602).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act 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 Clean Air Act.
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 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 Clean Air Act;
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
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75469
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 31, 2012.
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 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, Intergovernmental
relations, Incorporation by reference,
Nitrogen dioxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: November 7, 2011.
Al Armendariz,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart T—Louisiana
2. The table in § 52.970(c) entitled
‘‘EPA Approved Louisiana Regulations
in the Louisiana SIP’’ is amended as
follows:
■ a. Under Chapter 1, by adding a new
entry for Section 111;
■
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b. Under Chapter 21, Subchapter B, by
adding a new entry for Section 2123;
■
c. Under Chapter 21, Subchapter H, by
adding a new entry for Section 2143.
The additions read as follows:
■
§ 52.970
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP
State citation
State approval
date
Title/subject
EPA approval date
Comments
LAC Title 33. Environmental Quality Part III. Air
Chapter 1—General Provisions
*
*
*
Section 111 ............................. Definitions ..............................
*
*
*
8/20/2010
*
*
12/2/2011 [Insert FR page
number where document
begins].
*
*
*
*
Revisions to Section 111 approved in the Louisiana
Register August 20, 2010
(LR 36:1773).
*
*
Chapter 21—Control of Emissions of Organic Compounds
*
*
*
*
*
*
*
Subchapter B—Organic Solvents
Section 2123 ...........................
*
Organic Solvents ...................
*
4/20/2011
*
12/2/2011 [Insert FR page
number where document
begins].
*
*
Revisions to Section 2123 approved in the Louisiana
Register April 20, 2011 (LR
37:1150).
*
*
Subchapter H—Graphic Arts
Section 2143 ...........................
*
Graphic Arts (Printing) by Rotogravure and Flexographic
Processes. Control Requirements.
*
6/20/2009
*
[FR Doc. 2011–30924 Filed 12–1–11; 8:45 am]
BILLING CODE 6560–50–P
12/2/2011 [Insert FR page
number where document
begins].
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 177
[Docket No. PHMSA–2010–0227(HM–256A)]
RIN 2126–AB29
Federal Motor Carrier Safety
Administration
49 CFR Parts 383, 384, 390, 391, and
392
[Docket No. FMCSA–2010–0096]
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RIN 2137–AE65
Drivers of CMVs: Restricting the Use of
Cellular Phones
Federal Motor Carrier Safety
Administration (FMCSA) and Pipeline
and Hazardous Materials Safety
Administration (PHMSA), DOT.
ACTION: Final rule.
AGENCIES:
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Revisions to Section 2143 approved in the Louisiana
Register June 20, 2009 (LR
35:1101).
*
*
FMCSA and PHMSA are
amending the Federal Motor Carrier
Safety Regulations (FMCSRs) and the
Hazardous Materials Regulations (HMR)
to restrict the use of hand-held mobile
telephones by drivers of commercial
motor vehicles (CMVs). This rulemaking
will improve safety on the Nation’s
highways by reducing the prevalence of
distracted driving-related crashes,
fatalities, and injuries involving drivers
of CMVs. The Agencies also amend their
regulations to implement new driver
disqualification sanctions for drivers of
CMVs who fail to comply with this
Federal restriction and new driver
disqualification sanctions for
commercial driver’s license (CDL)
holders who have multiple convictions
for violating a State or local law or
ordinance on motor vehicle traffic
control that restricts the use of handheld mobile telephones. Additionally,
motor carriers are prohibited from
requiring or allowing drivers of CMVs to
use hand-held mobile telephones.
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Rules and Regulations]
[Pages 75467-75470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30924]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-0775; FRL-9496-8]
Approval and Promulgation of Air Quality Implementation Plans;
Louisiana; Revisions To Control Volatile Organic Compound Emissions for
Surface Coatings and Graphic Arts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving State Implementation Plan (SIP) revisions for
control of volatile organic compounds (VOCs) adopted by Louisiana on
June 20, 2009 and August 20, 2010, and submitted to EPA on August 31,
2010. EPA is also approving, by parallel processing, a SIP revision for
control of emission of organic compounds which was proposed by
Louisiana on January 10, 2011 and adopted on April 20, 2011. EPA issued
Control Techniques Guidelines (CTGs) in 2006, 2007 and 2008;
Louisiana's rule revisions being approved in this action were developed
in response to these CTGs. EPA is approving these revisions because
they meet the requirements of Reasonably Available Control Technology
(RACT) as set forth in the Clean Air Act (CAA) as well as the
requirements of EPA's regulations, and they are consistent with EPA's
guidance. This action is being taken under section 110 and part D of
the CAA.
DATES: This final rule is effective on January 3, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2010-0775. All documents in the docket
are listed at https://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information 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 through www.regulations.gov or in hard copy at the Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 Freedom
of Information Act (FOIA) Review Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal holidays. Contact the person
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr.
Bill Deese at (214) 665-7253 to make an appointment. If possible,
please make the appointment at least two working days in advance of
your visit. There will be a 15 cent per page fee for making photocopies
of documents. On the day of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
FOR FURTHER INFORMATION CONTACT: Ms. Ellen Belk, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-2164; fax
number (214) 665-7263; email address belk.ellen@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Outline
I. What is the background for these actions?
II. What comments did we receive on the proposed rule?
III. What actions are we taking?
IV. Statutory and Executive Order Reviews
[[Page 75468]]
I. What is the background for these actions?
This action approves rules to implement measures in response to
CTGs issued in 2006, 2007, and 2008. We are approving these revisions
because they enhance the Louisiana SIP by improving control of
emissions from VOC sources in Louisiana. These revisions reflect
changes in response to CTGs issued in 2006, 2007 and 2008. These CTGs
cover the following source categories: Consumer and Commercial Products
Group II: Control Techniques Guidelines in Lieu of Regulations for
Flexible Packaging Printing Materials, Lithographic Printing Materials,
Letterpress Printing Materials, Industrial Cleaning Solvents, and Flat
Wood Paneling Coatings (71 FR 58745, October 5, 2006); Consumer and
Commercial Products: Control Techniques Guidelines in Lieu of
Regulations for Paper, Film, and Foil Coatings; Metal Furniture
Coatings; and Large Appliance Coatings (72 FR 57215, October 9, 2007);
Consumer and Commercial Products, Group IV: Control Techniques
Guidelines in Lieu of Regulations for Miscellaneous Metal Products
Coatings, Plastic Parts Coatings, Auto and Light-Duty Truck Assembly
Coatings, Fiberglass Boat Manufacturing Materials, and Miscellaneous
Industrial Adhesives (73 FR 58481, October 7, 2008). These revisions
include updates to the following Louisiana rules: Chapter 1 General
Provisions, amendments to Sec. 111 Definitions; Chapter 21 Control of
Emission of Organic Compounds, amendments to Sec. 2123 Organic
Solvents, and Sec. 2143 Graphic Arts (Printing) by Rotogravure,
Flexographic, Offset Lithographic, Letterpress, and Flexible Package
Printing Processes.
Also, this action finds that these revisions meet RACT requirements
for the above source categories. These revisions meet statutory and
regulatory requirements, and are consistent with EPA's guidance. EPA is
approving these revisions pursuant to section 110 and part D of the
CAA. For additional information, see our March 17, 2011, proposal (76
FR 14602).\1\
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\1\ We note that in our March 17, 2011 proposal, the summary of
Louisiana's graphics arts regulations contains certain details which
are not correct. The reference to applicability for the graphic arts
rules should refer to Sec. 2143. A. (rather than B.). Also, in East
Baton Rouge, Iberville, Livingston, Pointe Coupee and West Baton
Rouge parishes, the rules apply to any facility with the potential
to emit a combined weight of VOCs greater than 25 tpy (rather than
50 tpy). The applicability in the rules is consistent with
requirements for a severe nonattainment area. These inadvertent
errors in the description of the Louisiana rules do not affect our
decision to approve the rule revisions.
---------------------------------------------------------------------------
II. What comments did we receive on the proposed rule?
We received a comment letter from American Coatings Association on
our proposed rulemaking. The comment letter was received by email and
is available for review in the electronic docket for this rulemaking at
the regulations.gov Web site (Docket No. EPA-R06-OAR-2010-0775). Our
response to the comment letter is provided below.
Response to Comments
Comments: American Coatings Association (ACA) expressed concerns
with the Pleasure Craft portion of the Control Techniques Guidelines
(CTG) for Miscellaneous Metal and Plastic Parts Coatings, Group IV. The
ACA objected to the limits the CTG recommended as being RACT for the
Pleasure Craft coatings industry, and requested modifications to the
VOC limits for three categories, changes to the definition of two
categories, an additional specialty coating category, and an exemption.
These requested changes are summarized as follows:
Finish Primer/Surfacer:
Revised VOC Limit (from 420 g/L to 600 g/L).
Extreme High Gloss Coating
Revised VOC Limit (from 490 g/L to 600 g/L).
Revised Definition.
Other Substrate Anti-Foulant Coating:
Revised VOC Limit (from 330 g/L to 400 g/L).
Anti-fouling Sealer/Tie Coat (new category):
Additional Specialty Category and VOC Limit of 420 g/L.
Pre-Treatment Wash Primer:
Revised Definition.
Small Container Exemption.
According to ACA, these revisions are necessary to meet customer
expectations and continue to make the industry economically viable.
As mentioned above, the comment letter is available in the docket
for this action.
Response: This rulemaking action is limited to approval of the
state's official SIP submittal, submitted to us on August 31, 2010.
Specifically, this action concerns whether the rules that LDEQ
submitted to EPA to meet the requirements of section 182(b)(2)(A) of
the CAA meet statutory and regulatory requirements. The state revised
its Miscellaneous Metal and Plastic Parts Coatings regulations based on
EPA's 2008 guidance titled ``Control Techniques Guidelines for
Miscellaneous Metal Products Coatings and Plastic Parts Coatings.'' As
explained in more detail in our proposal, EPA determined that the
state's submitted revisions meet RACT requirements and are consistent
with the 2008 guidance. The comments do not present evidence of why the
requirements established in the State's submission are inconsistent
with the RACT requirement of the Act and thus provide no basis for our
disapproval of the State submission.
EPA must either approve or disapprove the state's submitted SIP
revision pursuant to CAA section 110(k)(3), 42 U.S.C. 7407(k)(3). As a
matter of law, EPA is required to approve a SIP revision if it meets
the Act's requirements. EPA has no authority to modify the State's
submission.
We note that issues similar to those raised by the Commenters have
previously been raised to the Agency. In response to those concerns,
EPA issued guidance that provides additional information regarding the
pleasure craft industry in a memorandum from Stephen D. Page, Director,
OAQPS, dated June 1, 2010, titled, ``Control Technique Guidelines for
Miscellaneous metal and Plastic Part Coatings--Industry Request for
Reconsideration.'' The Page memorandum provides additional information
on how the Commenters' concerns can best be addressed. The memo, in
part, states: ``After careful evaluation of the issues raised by the
pleasure craft industry, OAQPS is 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
because the CTG impose no legally binding requirements on any entity,
including pleasure craft coating facilities * * *. The CTG are intended
to provide state and local air pollution control authorities with
information to assist them in determining RACT for VOC * * * States can
use the recommendations from the MMPPC CTG to inform their own
determination as to what constitutes RACT for VOC for pleasure craft
coating operations in their particular nonattainment areas.'' (p. 3 of
the June 1, 2010 Memo). In addition, we note that LDEQ considered
similar comments from the Commenters prior to the adoption of this SIP
package by the State on August 10, 2010 and provided those comments to
us in its official SIP submittal. Those comments are a part of the
state's official submittal, which is included in the docket for this
rulemaking.
[[Page 75469]]
III. What actions are we taking?
EPA is approving SIP revisions for control of emission of volatile
organic compounds (VOC) adopted by Louisiana on June 20, 2009, and
August 20, 2010, and submitted to EPA as part of a larger submittal on
August 31, 2010. These revisions were included as appendices to the
second of three volumes submitted by the LDEQ in August 2010; these are
Appendices A and B of the second volume, entitled ``VOC RACT Control
Technique Guidelines''. We are also approving, by parallel processing,
a revision for control of emission of VOC adopted on April 20, 2011,
which is a small wording change. Together, these August 2010 and April
2011 revisions include updates to the following Louisiana rules:
Chapter 1 General Provisions, amendments to Sec. 111 Definitions;
Chapter 21 Control of Emission of Organic Compounds, amendments to
Sec. 2123 Organic Solvents, and Sec. 2143 Graphic Arts (Printing) by
Rotogravure, Flexographic, Offset Lithographic, Letterpress, and
Flexible Package Printing Processes.
We are approving these revisions as meeting the requirements of the
CAA, including CAA section 182(b)(2)(A). These revisions reflect
changes in response to CTGs issued in 2006, 2007 and 2008: Consumer and
Commercial Products Group II: Control Techniques Guidelines in Lieu of
Regulations for Flexible Packaging Printing Materials, Lithographic
Printing Materials, Letterpress Printing Materials, Industrial Cleaning
Solvents, and Flat Wood Paneling Coatings (71 FR 58745, October 5,
2006); Consumer and Commercial Products: Control Techniques Guidelines
in Lieu of Regulations for Paper, Film, and Foil Coatings; Metal
Furniture Coatings; and Large Appliance Coatings (72 FR 57215, October
9, 2007); Consumer and Commercial Products, Group IV: Control
Techniques Guidelines in Lieu of Regulations for Miscellaneous Metal
Products Coatings, Plastic Parts Coatings, Auto and Light-Duty Truck
Assembly coatings, Fiberglass Boat Manufacturing Materials, and
Miscellaneous Industrial Adhesives (73 FR 58481, October 7, 2008).
We have determined that these revisions meet the requirements of
the CAA and our regulations, and that they are consistent with EPA's
guidance. EPA is granting approval of these revisions pursuant to
section 110 and part D of the CAA.
As previously mentioned, more information on the SIP revisions we
are approving can be found in our proposal published in the March 17,
2011 Federal Register (76 FR 14602).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 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 Clean Air Act; 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.
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).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 31, 2012. 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 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, Intergovernmental
relations, Incorporation by reference, Nitrogen dioxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: November 7, 2011.
Al Armendariz,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart T--Louisiana
0
2. The table in Sec. 52.970(c) entitled ``EPA Approved Louisiana
Regulations in the Louisiana SIP'' is amended as follows:
0
a. Under Chapter 1, by adding a new entry for Section 111;
[[Page 75470]]
0
b. Under Chapter 21, Subchapter B, by adding a new entry for Section
2123;
0
c. Under Chapter 21, Subchapter H, by adding a new entry for Section
2143.
The additions read as follows:
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
EPA Approved Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
State approval
State citation Title/subject date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
LAC Title 33. Environmental Quality Part III. Air
----------------------------------------------------------------------------------------------------------------
Chapter 1--General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 111...................... Definitions........ 8/20/2010 12/2/2011 [Insert Revisions to
FR page number Section 111
where document approved in the
begins]. Louisiana Register
August 20, 2010
(LR 36:1773).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 21--Control of Emissions of Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter B--Organic Solvents
----------------------------------------------------------------------------------------------------------------
Section 2123..................... Organic Solvents... 4/20/2011 12/2/2011 [Insert Revisions to
FR page number Section 2123
where document approved in the
begins]. Louisiana Register
April 20, 2011 (LR
37:1150).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter H--Graphic Arts
----------------------------------------------------------------------------------------------------------------
Section 2143..................... Graphic Arts 6/20/2009 12/2/2011 [Insert Revisions to
(Printing) by FR page number Section 2143
Rotogravure and where document approved in the
Flexographic begins]. Louisiana Register
Processes. Control June 20, 2009 (LR
Requirements. 35:1101).
* * * * * * *
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[FR Doc. 2011-30924 Filed 12-1-11; 8:45 am]
BILLING CODE 6560-50-P
