Approval and Promulgation of Air Quality Implementation Plans; Delaware; Amendments to the Handling, Storage, and Disposal of Volatile Organic Compounds Emissions, 5207-5209 [2012-2333]
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Proposed Rules
(c) Whether the rule will materially
affect entitlements, grants, user fees,
loan programs, or the rights and
obligations of their recipients.
(d) Whether the rule raises novel legal
or policy issues.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) requires
preparation of flexibility analyses for
rules that will have a significant effect
on a substantial number of small
entities, which include small
businesses, organizations, or
governmental jurisdictions. In general,
the resources to be harvested under this
proposed rule are already being
harvested and consumed by the local
harvester and do not result in an
additional dollar benefit to the
economy. Therefore, the Departments
certify that this rulemaking will not
have a significant economic effect on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act.
Small Business Regulatory Enforcement
Fairness Act
Under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801
et seq.), this proposed rule is not a major
rule. It does not have an effect on the
economy of $100 million or more, will
not cause a major increase in costs or
prices for consumers, and does not have
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Executive Order 12630
Title VIII of ANILCA requires the
Secretaries to administer a subsistence
priority on public lands. The scope of
this program is limited by definition to
certain public lands. Likewise, these
regulations have no potential takings of
private property implications as defined
by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and
certify pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et
seq., that this rulemaking will not
impose a cost of $100 million or more
in any given year on local or State
governments or private entities. The
implementation of this proposed rule is
by Federal agencies and there is no cost
imposed on any State or local entities or
tribal governments.
Executive Order 12988
The Secretaries have determined that
these regulations meet the applicable
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standards provided in §§ 3(a) and 3(b)(2)
of Executive Order 12988, regarding
civil justice reform.
Executive Order 13132
In accordance with Executive Order
13132, the proposed rule does not have
sufficient Federalism implications to
warrant the preparation of a Federalism
Assessment. Title VIII of ANILCA
precludes the State from exercising
subsistence management authority over
fish and wildlife resources on Federal
lands unless it meets certain
requirements.
Executive Order 13175
The Alaska National Interest Lands
Conservation Act does not provide
rights to tribes for the subsistence taking
of wildlife, fish, and shellfish. However,
the Board will provide Federally
recognized Tribes and Alaska Native
corporations an opportunity to consult
on this proposed rule. Consultation with
Alaska Native corporations are based on
Public Law 108–199, div. H, Sec. 161,
Jan. 23, 2004, 118 Stat. 452, as amended
by Public Law 108–447, div. H, title V,
Sec. 518, Dec. 8, 2004, 118 Stat. 3267,
which provides that: ‘‘The Director of
the Office of Management and Budget
and all Federal agencies shall hereafter
consult with Alaska Native corporations
on the same basis as Indian tribes under
Executive Order No. 13175.’’
The Secretaries, through the Board,
will provide a variety of opportunities
for consultation: commenting on
proposed changes to the existing rule;
engaging in dialogue at the Council
meetings; engaging in dialogue at the
Board’s meetings; and providing input
in person, by mail, email, or phone at
any time during the rulemaking process.
Executive Order 13211
This Executive Order requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. However, this proposed rule is
not a significant regulatory action under
E.O. 13211, affecting energy supply,
distribution, or use, and no Statement of
Energy Effects is required.
Drafting Information
Theo Matuskowitz drafted these
regulations under the guidance of Peter
J. Probasco of the Office of Subsistence
Management, Alaska Regional Office,
U.S. Fish and Wildlife Service,
Anchorage, Alaska. Additional
assistance was provided by:
• Daniel Sharp, Alaska State Office,
Bureau of Land Management;
• Sandy Rabinowitch and Nancy
Swanton, Alaska Regional Office,
National Park Service;
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5207
• Dr. Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs;
• Jerry Berg, Alaska Regional Office,
U.S. Fish and Wildlife Service; and
• Steve Kessler, Alaska Regional
Office, U.S. Forest Service.
List of Subjects
36 CFR Part 242
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
50 CFR Part 100
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
Proposed Regulation Promulgation
For the reasons setout in the
preamble, the Federal Subsistence
Board proposes to amend 36 CFR part
242 and 50 CFR part 100 for the 2013–
14 and 2014–15 regulatory years. The
text of the proposed amendments to 36
CFR 242.24, 242.27, and 242.28 and 50
CFR 100.24, 100.27, and 100.28 is the
finalrule for the 2011–13 regulatory
period (76 FR 12564; March 8, 2011),
and the text of the proposed
amendments to 36 CFR242.25 and 50
CFR 100.25 is the final rule for the
2010–11 and 2011–12wildlife regulatory
period (75 FR 37918; June 30, 2010), as
modified by anysubsequent Federal
Subsistence Board action during
meetings held February 7 through
March 23, 2012.
Dated: January 12, 2012.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: January 12, 2012.
Steve Kessler,
Subsistence Program Leader, USDA–Forest
Service.
[FR Doc. 2012–2008 Filed 2–1–12; 8:45 am]
BILLING CODE 3410–11–P; 4310–55–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0998; FRL–9625–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Amendments to the
Handling, Storage, and Disposal of
Volatile Organic Compounds
Emissions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Proposed Rules
EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the State of
Delaware. This SIP revision amends the
control of volatile organic compound
(VOC) emissions from industrial
cleaning solvents facilities, automobile
and light-duty truck coating operations,
paper, film, foil coating units, flat wood
paneling products, and flexible
packaging printing presses. This action
is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before March 5, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0998 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2011–0998,
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 No. EPA–R03–OAR–2011–
0998. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
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 www.regulations.gov
or email. The 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 email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
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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
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 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
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: On June
20, 2011, EPA received a revision to the
Delaware SIP submitted by the Delaware
Department of Natural Resources and
Environmental Control (DNREC). The
SIP revision updates regulations in 7 DE
Admin. Code 1124—Control of Volatile
Organic Compound Emissions to
implement reasonably available control
technology (RACT) controls on emission
sources covered by EPA’s control
techniques guidelines (CTG).
I. Background
Section 182(b)(2) of the CAA requires
all ozone nonattainment areas,
including Delaware, to update relevant
regulations for RACT controls for
emission sources covered by EPA’s CTG
and to submit the regulations to EPA as
SIP revisions. The SIP revision amends
section 8.0, ‘‘Handling, Storage, and
Disposal of Volatile Organic
Compounds,’’ section 13.0,
‘‘Automobile and Light-Duty Truck
Coating Operations,’’ section 16.0,
‘‘Paper Coating,’’ section 23.0, ‘‘Coating
of Flat Wood Paneling,’’ section 37.0,
‘‘Graphic Art Systems,’’ and section
45.0, ‘‘Industrial Cleaning Solvents,’’ to
reflect technology developments and
expand VOC emission controls.
Sections 8.0, 13.0, 16.0, 23.0, 37.0,
and 45.0 of 7 DE Admin. Code 1124
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were originally developed in the 1990’s
based on EPA’s CTGs. From September
2006 to September 2008, EPA updated
relevant CTGs affecting these sections to
reflect technology developments and
expand VOC emission controls. As a
result, DNREC revised these to reflect
the new requirements in EPA’s CTGs
into existing Delaware Regulation 1124.
II. Summary of SIP Revision
DNREC’s SIP revision to section 8.0
establishes a (1) new VOC content limit
applicable for cleaning solvents used in
facilities regulated under Regulation
1124; (2) adds definitions and terms; (3)
establishes exemptions; (4) updates
existing work practice standards; (5)
establishes control requirements; and (6)
establishes test methods, procedures
and recordkeeping requirements based
on EPA CTGs.
Amendments to section 13.0 establish
(1) applicability for specific automobile
and light-duty truck coating operations;
(2) specify a transition period for
existing permitted sources for every
owner or operator of any automobile or
light-duty truck assembly plant; (3) add
and update definitions and terms; (4)
update daily-weighted average
limitation and control devices; (5)
update compliance procedures; (6) and
update test methods, procedures and
recordkeeping requirements.
The SIP revision amends section 16.0
to (1) add ‘‘Film, and Foil,’’ now
entitled ‘‘Paper, Film, and Foil Coating;
(2) establish applicability to any paper,
film, or foil coating unit; (3) add
exemptions for any coating unit in-line
with any offset lithographic, screen,
letterpress, flexographic, rotogravure, or
digital printing operations; (4) add a
transition period for existing permitted
sources for every owner or operator of
any paper coating unit; (5) add and
update definitions and terms; (6) set
VOC content limit standards; (7) update
daily-weighted average limitation and
control devices; (8) and update
recordkeeping and reporting
requirements.
DNREC’s SIP revision to section 23.0
adds (1) tileboard panels and exterior
sidings to the flat wood paneling
product category and establishes VOC
emission limits; (2) establishes more
stringent emission limits to previously
existing flat wood paneling products:
Printed interior panels, natural finish
panels, and Class II finish panels; (3)
sets requirements that no owner or
operator of a flat wood paneling coating
line subject to the regulation for flat
wood paneling coating shall allow VOC
emissions in excess of the emission
limits in Table 1 below; (4) deletes a
regulation that did not require Class I
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Proposed Rules
hardboard paneling finishes, particle
board used in furniture, insulation
board, exterior siding, tileboard, and
softwood plywood coating lines to
apply to flat wood paneling coating
standards; (5) adds work practice
standards; (6) updates control devices;
and (7) updates test methods and
efficiency of control systems, and
recordkeeping and reporting
requirements.
TABLE 1—VOC EMISSION LIMITS FROM FLAT WOOD PANELING COATINGS
VOC content limits in
coatings, inks, or adhesives
being applied
Flat wood paneling product category
pounds/gallon
(lb/gal)
Printed interior panels made of hardwood, plywood, or thin particleboard ................................................................
Natural finish hardwood plywood panels .....................................................................................................................
Class II finishes on hardboard panels .........................................................................................................................
Tileboard ......................................................................................................................................................................
Exterior siding ..............................................................................................................................................................
grams/liter
(g/L)
*2.1
2.1
2.1
2.1
2.1
250
250
250
250
250
* This limit of 2.1 lb/gal is equivalent to 5.0 lb VOC per 1,000 square feet coating area.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Amendments to section 37.0 establish
(1) provisions for flexible packaging
printing presses; (2) add a transition
period for existing permitted sources for
every owner or operator of any flexible
package printing facility; (3) add
definitions and terms; (4) establish
efficiency requirements for control
systems to be installed on the flexible
packaging printing presses; and (5)
update recordkeeping and reporting
requirements.
The SIP revision amends section 45.0
to update the applicability for the
industrial use of organic cleaning
solvents and clarify that the
requirements of section 45.0 are
triggered based on a limit of VOC
emissions rather than cleaning solvent
used. A detailed summary of EPA’s
review 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 www.regulations.gov, Docket
number EPA–R03–OAR–2011–0998.
III. Proposed Action
EPA is proposing to approve the
Delaware SIP revision for the control of
VOC emissions from industrial cleaning
solvents facilities, automobile and lightduty truck coating operations, paper,
film, foil coating units, flat wood
paneling products, and flexible
packaging printing presses. (7 DE
Admin Code 1124, sections 8.0, 13.0,
16.0, 23.0, 37.0, and 45.0) submitted on
June 20, 2011. 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
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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 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
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• 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 Regulation 7
DE Admin. Code 1124—Control of
Volatile Organic Compound Emissions,
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: January 17, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–2333 Filed 2–1–12; 8:45 am]
BILLING CODE 6560–50–P
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[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Proposed Rules]
[Pages 5207-5209]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2333]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0998; FRL-9625-9]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendments to the Handling, Storage, and Disposal of Volatile
Organic Compounds Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
[[Page 5208]]
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Delaware. This SIP revision amends
the control of volatile organic compound (VOC) emissions from
industrial cleaning solvents facilities, automobile and light-duty
truck coating operations, paper, film, foil coating units, flat wood
paneling products, and flexible packaging printing presses. This action
is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before March 5, 2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0998 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2011-0998, 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 No. EPA-R03-OAR-
2011-0998. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
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 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
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: On June 20, 2011, EPA received a revision to
the Delaware SIP submitted by the Delaware Department of Natural
Resources and Environmental Control (DNREC). The SIP revision updates
regulations in 7 DE Admin. Code 1124--Control of Volatile Organic
Compound Emissions to implement reasonably available control technology
(RACT) controls on emission sources covered by EPA's control techniques
guidelines (CTG).
I. Background
Section 182(b)(2) of the CAA requires all ozone nonattainment
areas, including Delaware, to update relevant regulations for RACT
controls for emission sources covered by EPA's CTG and to submit the
regulations to EPA as SIP revisions. The SIP revision amends section
8.0, ``Handling, Storage, and Disposal of Volatile Organic Compounds,''
section 13.0, ``Automobile and Light-Duty Truck Coating Operations,''
section 16.0, ``Paper Coating,'' section 23.0, ``Coating of Flat Wood
Paneling,'' section 37.0, ``Graphic Art Systems,'' and section 45.0,
``Industrial Cleaning Solvents,'' to reflect technology developments
and expand VOC emission controls.
Sections 8.0, 13.0, 16.0, 23.0, 37.0, and 45.0 of 7 DE Admin. Code
1124 were originally developed in the 1990's based on EPA's CTGs. From
September 2006 to September 2008, EPA updated relevant CTGs affecting
these sections to reflect technology developments and expand VOC
emission controls. As a result, DNREC revised these to reflect the new
requirements in EPA's CTGs into existing Delaware Regulation 1124.
II. Summary of SIP Revision
DNREC's SIP revision to section 8.0 establishes a (1) new VOC
content limit applicable for cleaning solvents used in facilities
regulated under Regulation 1124; (2) adds definitions and terms; (3)
establishes exemptions; (4) updates existing work practice standards;
(5) establishes control requirements; and (6) establishes test methods,
procedures and recordkeeping requirements based on EPA CTGs.
Amendments to section 13.0 establish (1) applicability for specific
automobile and light-duty truck coating operations; (2) specify a
transition period for existing permitted sources for every owner or
operator of any automobile or light-duty truck assembly plant; (3) add
and update definitions and terms; (4) update daily-weighted average
limitation and control devices; (5) update compliance procedures; (6)
and update test methods, procedures and recordkeeping requirements.
The SIP revision amends section 16.0 to (1) add ``Film, and Foil,''
now entitled ``Paper, Film, and Foil Coating; (2) establish
applicability to any paper, film, or foil coating unit; (3) add
exemptions for any coating unit in-line with any offset lithographic,
screen, letterpress, flexographic, rotogravure, or digital printing
operations; (4) add a transition period for existing permitted sources
for every owner or operator of any paper coating unit; (5) add and
update definitions and terms; (6) set VOC content limit standards; (7)
update daily-weighted average limitation and control devices; (8) and
update recordkeeping and reporting requirements.
DNREC's SIP revision to section 23.0 adds (1) tileboard panels and
exterior sidings to the flat wood paneling product category and
establishes VOC emission limits; (2) establishes more stringent
emission limits to previously existing flat wood paneling products:
Printed interior panels, natural finish panels, and Class II finish
panels; (3) sets requirements that no owner or operator of a flat wood
paneling coating line subject to the regulation for flat wood paneling
coating shall allow VOC emissions in excess of the emission limits in
Table 1 below; (4) deletes a regulation that did not require Class I
[[Page 5209]]
hardboard paneling finishes, particle board used in furniture,
insulation board, exterior siding, tileboard, and softwood plywood
coating lines to apply to flat wood paneling coating standards; (5)
adds work practice standards; (6) updates control devices; and (7)
updates test methods and efficiency of control systems, and
recordkeeping and reporting requirements.
Table 1--VOC Emission Limits From Flat Wood Paneling Coatings
------------------------------------------------------------------------
VOC content limits in
coatings, inks, or
adhesives being applied
Flat wood paneling product category ----------------------------
pounds/
gallon (lb/ grams/liter (g/
gal) L)
------------------------------------------------------------------------
Printed interior panels made of hardwood, *2.1 250
plywood, or thin particleboard............
Natural finish hardwood plywood panels..... 2.1 250
Class II finishes on hardboard panels...... 2.1 250
Tileboard.................................. 2.1 250
Exterior siding............................ 2.1 250
------------------------------------------------------------------------
* This limit of 2.1 lb/gal is equivalent to 5.0 lb VOC per 1,000 square
feet coating area.
Amendments to section 37.0 establish (1) provisions for flexible
packaging printing presses; (2) add a transition period for existing
permitted sources for every owner or operator of any flexible package
printing facility; (3) add definitions and terms; (4) establish
efficiency requirements for control systems to be installed on the
flexible packaging printing presses; and (5) update recordkeeping and
reporting requirements.
The SIP revision amends section 45.0 to update the applicability
for the industrial use of organic cleaning solvents and clarify that
the requirements of section 45.0 are triggered based on a limit of VOC
emissions rather than cleaning solvent used. A detailed summary of
EPA's review 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 www.regulations.gov, Docket number EPA-
R03-OAR-2011-0998.
III. Proposed Action
EPA is proposing to approve the Delaware SIP revision for the
control of VOC emissions from industrial cleaning solvents facilities,
automobile and light-duty truck coating operations, paper, film, foil
coating units, flat wood paneling products, and flexible packaging
printing presses. (7 DE Admin Code 1124, sections 8.0, 13.0, 16.0,
23.0, 37.0, and 45.0) submitted on June 20, 2011. 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
Regulation 7 DE Admin. Code 1124--Control of Volatile Organic Compound
Emissions, 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: January 17, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-2333 Filed 2-1-12; 8:45 am]
BILLING CODE 6560-50-P
