Approval and Promulgation of Air Quality Implementation Plans; Delaware; Adhesives and Sealants Rule, 79537-79539 [2011-32646]
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Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations
employees of the Coast Guard, call 1–
888–REG–FAIR (1–(888) 734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
jlentini on DSK4TPTVN1PROD with RULES
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
VerDate Mar<15>2010
16:24 Dec 21, 2011
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79537
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
regulation in that it updates a telephone
number and a radio frequency, and thus,
paragraph (34)(a), of the Instruction
applies. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 Part 165
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(a), of the Instruction. This rule
involves an editorial revision to a
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Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. In § 165.910, revise paragraph (b)(3)
to read as follows:
■
§ 165.910 Security Zones; Captain of the
Port Lake Michigan.
*
*
*
*
*
(b) * * *
(3) Persons who would like to transit
through a security zone in this section
must contact the Captain of the Port
Lake Michigan at telephone number
(414) 747–7182 or on VHF channel 16
(156.8 MHz) to seek permission to
transit the area. If permission is granted,
all persons and vessels shall comply
with the instructions of the Captain of
the Port Lake Michigan or his or her
designated representative.
*
*
*
*
*
Dated: December 2, 2011.
C.W. Tenney,
Commander, U.S. Coast Guard, Acting
Captain of the Port Lake Michigan.
[FR Doc. 2011–32860 Filed 12–21–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0721; FRL–9609–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Adhesives and Sealants
Rule
Environmental Protection
Agency (EPA).
AGENCY:
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22DER1
79538
ACTION:
Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations
Final rule.
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware. The
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. EPA is approving this SIP
revision to meet the requirements of a
reasonably available control technology
(RACT) rule for the miscellaneous
industrial adhesives control techniques
guideline (CTG) category in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: Effective date: This final rule is
effective on January 23, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0721. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection 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 & Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19901.
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background
On September 23, 2011 (76 FR 59087),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of the Delaware SIP revision that adds
section 4.0—Adhesives and Sealants
under Regulation 1141—Limiting
Emissions of Volatile Organic
Compounds from Consumer and
Commercial Products in order to reduce
VOCs from commercially-used adhesive
and sealant products. The revision is
part of Delaware’s strategy to achieve
and maintain the 8-hour ozone national
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ambient air quality standard (NAAQS)
throughout the State. EPA received no
comments on the NPR to approve
Delaware’s SIP revision. The formal SIP
revision was submitted by the State of
Delaware on June 9, 2009.
II. Summary of SIP Revision
The new section 4.0 adds regulations
that: (1) 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; (2) add
definitions and terms for new product
categories; (3) 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; (4) 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; (5) provide for
an alternative add-on control system
requirement of at least 85 percent
overall control efficiency (capture and
destruction), by weight; (6) specify
requirements for proper storage and
disposal, work practices, surface
preparation, and cleanup solvent
composition; and (7) specify
exemptions, as well as registration and
product labeling requirements,
recordkeeping requirements, and test
methods and compliance procedures.
These SIP revisions meet the
requirement to adopt a RACT for the
miscellaneous industrial adhesives CTG
category. Other specific requirements
and the rationale for EPA’s proposed
action are explained in the Technical
Support Document (TSD) prepared for
the September 23, 2011 proposed
rulemaking action which is available
on-line at www.regulations.gov, Docket
number EPA–R03–OAR–2011–0721. No
public comments were received on the
NPR.
III. Final Action
EPA is approving the Delaware SIP
revision that adds section 4.0—
Adhesives and Sealants to Regulation
1141—Limiting Emissions of Volatile
Organic Compounds from Consumer
and Commercial Products.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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 rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
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22DER1
79539
Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 21, 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
approving Delaware’s control of VOCs
from adhesives and sealants may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Authority: 42 U.S.C. 7401 et seq.
Dated: December 8, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
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 I—Delaware
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
2. In § 52.420, the table in paragraph
(c) is amended by adding an entry for
Regulation 1141, Section 4.0 to read as
follows:
§ 52.420
■
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State regulation (7 DNREC
1100)
*
Title/subject
*
*
State
effective
date
EPA approval date
*
*
Additional explanation
*
1141 .........................................
Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products
*
*
Section 4.0 ...............................
*
Adhesives & Sealants ............
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[FDMS Docket No. EPA–R03–OAR–2011–
0511; FRL–9609–1]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Revised Motor Vehicle
Emission Budgets for the Charleston,
Huntington, Parkersburg, Weirton, and
Wheeling 8-Hour Ozone Maintenance
Areas; Correction
Environmental Protection
Agency (EPA).
ACTION: Direct final rule; correcting
amendment.
AGENCY:
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16:24 Dec 21, 2011
*
4/11/09
*
*
*
12/22/11 [Insert page number
Addition of VOC limits for adwhere the document begins].
hesive and sealant products, including 25 adhesives, 4 adhesive primers, 5
sealants, and 3 sealant
primers.
*
*
This document corrects an
error in the rule language of a direct
final rule pertaining to EPA’s approval
of the revised motor vehicle emissions
budgets for the Charleston, Huntington,
Parkersburg, Weirton, and Wheeling 8hour ozone maintenance areas. The
previous rulemaking amended the
maintenance plans’ 2009 and 2018
motor vehicle emissions budgets
(MVEBs) submitted by the State of West
Virginia.
DATES: Effective date: December 22,
2011.
FOR FURTHER INFORMATION CONTACT:
Martin Kotsch, (215) 814–3335 or by
email at kotsch.martin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used we mean
EPA. On September 15, 2011 (76 FR
56795), we published a final rulemaking
action announcing our approval of
revised mobile emissions budgets for
SUMMARY:
[FR Doc. 2011–32646 Filed 12–21–11; 8:45 am]
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*
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*
*
the Charleston, Huntington,
Parkersburg, Weirton, and Wheeling
8-hour ozone maintenance areas. In this
document, in 40 CFR 52.2532, we
inadvertently approved incorrect
emissions budgets for the Charleston
and Wheeling maintenance areas. The
intent of the rule is to correct those
emissions budgets. This action corrects
the erroneous language.
In rule document 2011–23261,
published in the Federal Register on
September 15, 2011 in 76 FR 56795 on
page 56981, paragraphs 52.2532(a) and
52.2532(e) are corrected to read as
follows:
(a) EPA approves the following
revised 2009 and 2018 motor vehicle
emissions budgets (MVEBs) for the
Charleston, West Virginia 8-hour ozone
maintenance area submitted by the
Secretary of the Department of
Environmental Protection on March 14,
2011:
E:\FR\FM\22DER1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Rules and Regulations]
[Pages 79537-79539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32646]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0721; FRL-9609-2]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Adhesives and Sealants Rule
AGENCY: Environmental Protection Agency (EPA).
[[Page 79538]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. The 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. EPA is approving this
SIP revision to meet the requirements of a reasonably available control
technology (RACT) rule for the miscellaneous industrial adhesives
control techniques guideline (CTG) category in accordance with the
requirements of the Clean Air Act (CAA).
DATES: Effective date: This final rule is effective on January 23,
2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0721. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection 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
& Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover,
Delaware 19901.
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 23, 2011 (76 FR 59087), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed
approval of the Delaware SIP revision that adds section 4.0--Adhesives
and Sealants under Regulation 1141--Limiting Emissions of Volatile
Organic Compounds from Consumer and Commercial Products in order to
reduce VOCs from commercially-used adhesive and sealant products. The
revision is part of Delaware's strategy to achieve and maintain the 8-
hour ozone national ambient air quality standard (NAAQS) throughout the
State. EPA received no comments on the NPR to approve Delaware's SIP
revision. The formal SIP revision was submitted by the State of
Delaware on June 9, 2009.
II. Summary of SIP Revision
The new section 4.0 adds regulations that: (1) 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; (2) add definitions and terms for new product categories; (3)
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; (4) 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; (5) provide for an
alternative add-on control system requirement of at least 85 percent
overall control efficiency (capture and destruction), by weight; (6)
specify requirements for proper storage and disposal, work practices,
surface preparation, and cleanup solvent composition; and (7) specify
exemptions, as well as registration and product labeling requirements,
recordkeeping requirements, and test methods and compliance procedures.
These SIP revisions meet the requirement to adopt a RACT for the
miscellaneous industrial adhesives CTG category. Other specific
requirements and the rationale for EPA's proposed action are explained
in the Technical Support Document (TSD) prepared for the September 23,
2011 proposed rulemaking action which is available on-line at
www.regulations.gov, Docket number EPA-R03-OAR-2011-0721. No public
comments were received on the NPR.
III. Final Action
EPA is approving the Delaware SIP revision that adds section 4.0--
Adhesives and Sealants to Regulation 1141--Limiting Emissions of
Volatile Organic Compounds from Consumer and Commercial Products.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
[[Page 79539]]
Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 21, 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 approving Delaware's control of VOCs from adhesives
and sealants may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 8, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
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 I--Delaware
0
2. In Sec. 52.420, the table in paragraph (c) is amended by adding an
entry for Regulation 1141, Section 4.0 to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State
State regulation (7 DNREC 1100) Title/subject effective EPA approval date Additional
date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1141............................. Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial
Products
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 4.0...................... Adhesives & Sealants 4/11/09 12/22/11 [Insert Addition of VOC
page number where limits for adhesive
the document and sealant
begins]. products, including
25 adhesives, 4
adhesive primers, 5
sealants, and 3
sealant primers.
* * * * * * *
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* * * * *
[FR Doc. 2011-32646 Filed 12-21-11; 8:45 am]
BILLING CODE 6560-50-P
