Approval and Promulgation of Air Quality Implementation Plans; Delaware; Amendments to the Handling, Storage, and Disposal of Volatile Organic Compounds Emissions; Automobile and Light-Duty Truck Coating Operations; Paper Coating; Coating of Flat Wood Paneling; Graphic Art Systems; and Industrial Cleaning Solvents, 22224-22226 [2012-8854]
Download as PDF
<![CDATA[
22224
Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0998; FRL–9657–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Amendments to the
Handling, Storage, and Disposal of
Volatile Organic Compounds
Emissions; Automobile and Light-Duty
Truck Coating Operations; Paper
Coating; Coating of Flat Wood
Paneling; Graphic Art Systems; and
Industrial Cleaning Solvents
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware. This
revision amends the control of volatile
organic compound (VOC) emissions
from industrial cleaning solvents
facilities; automobile and light-duty
truck coating operations; paper, film,
and foil coating units; flat wood
paneling products; and flexible
packaging printing presses. EPA is
approving this SIP revision to meet the
requirements to implement reasonably
available control technology (RACT)
controls on emission sources covered by
EPA’s control techniques guidelines
(CTG) in accordance with the
requirements of the Clean Air Act
(CAA).
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
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:
I. Background
On February 2, 2012 (77 FR 5207),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of the Delaware SIP revision that
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. 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 20, 2011.
II. Summary of SIP Revision
The SIP revision consists of the
following: (1) Amendments to section
8.0—Handling, Storage, and Disposal of
Volatile Organic Compounds, in order
to add definitions, update the existing
work practice standards, and add an
applicable cleaning solvent VOC
DATES: Effective Date: This final rule is
content limit; (2) amendments to section
effective on May 14, 2012.
13.0—Automobile and Light-Duty Truck
Coating Operations, in order to establish
ADDRESSES: EPA has established a
VOC limits in coating materials used in
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0998. All automobile and light-duty truck coating
operations; (3) amendments to section
documents in the docket are listed in
16.0—Paper Coating, in order to expand
the www.regulations.gov Web site.
Although listed in the electronic docket, the regulated scope and add ‘‘film and
foil coating’’ to the regulated category;
some information is not publicly
(4) amendments to section 23.0—
available, i.e., confidential business
Coating of Flat Wood Paneling, in order
information (CBI) or other information
whose disclosure is restricted by statute. to add tileboard panels and exterior
sidings to the flat wood paneling
Certain other material, such as
product category and establish VOC
copyrighted material, is not placed on
emission limits, as well as establish
the Internet and will be publicly
more stringent emission limits to
available only in hard copy form.
previously existing flat wood paneling
Publicly available docket materials are
products; (5) amendments to section
available either electronically through
www.regulations.gov or in hard copy for 37.0—Graphic Arts Systems, in order to
establish provisions for flexible
public inspection during normal
packaging printing presses to the
business hours at the Air Protection
Division, U.S. Environmental Protection regulated category and establish
efficiency requirements for control
Agency, Region III, 1650 Arch Street,
systems to be installed on the flexible
Philadelphia, Pennsylvania 19103.
packaging printing presses; and (6)
Copies of the State submittal are
available at the Delaware Department of amendments to section 45.0—Industrial
Cleaning Solvents, in order to update
Natural Resources and Environmental
VerDate Mar<15>2010
12:58 Apr 12, 2012
Jkt 226001
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
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. Other specific requirements and
the rationale for EPA’s proposed action
are explained in the NPR and will not
be restated here.
III. Final Action
EPA is approving the control of VOC
emissions from industrial cleaning
solvents facilities; automobile and lightduty truck coating operations; paper,
film, and 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) as a revision to the
Delaware SIP. This SIP revision meets
the requirements to implement RACT
controls on emission sources.
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);
E:\FR\FM\13APR1.SGM
13APR1
22225
Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations
• 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
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 June 12, 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 industrial
cleaning solvents facilities; automobile
and light-duty truck coating operations;
paper, film, and foil coating units; flat
wood paneling products; and flexible
packaging printing presses 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.
Dated: March 27, 2012.
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
2. In § 52.420, the table in paragraph
(c) is amended by revising the entries
for Regulation 1124, sections 8.0, 13.0,
16.0, 23.0, 37.0, and 45.0 to read as
follows:
■
§ 52.420
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State regulation (7
DNREC 1100)
*
1124 ........................
State effective
date
Title/subject
*
*
EPA approval date
Additional explanation
*
*
Control of Volatile Organic Compound Emissions
*
*
*
*
Handling, Storage, and Disposal of
Volatile Organic Compounds.
*
3/11/11
*
4/13/12 [Insert page
number where
the document begins].
*
*
*
Section 13.0 ............
*
*
Automobile and Light-Duty Truck Coating Operations.
*
3/11/11
*
4/13/12 [Insert page
number where
the document begins].
*
*
*
Section 16.0 ............
pmangrum on DSK3VPTVN1PROD with RULES
*
Section 8.0 ..............
*
*
Paper Coating ........................................
*
3/11/11
*
4/13/12 [Insert page
number where
the document begins].
*
Section 23.0 ............
*
*
Coating of Flat Wood Paneling ..............
*
3/11/11
*
4/13/12 [Insert page
number where
the document begins].
VerDate Mar<15>2010
12:58 Apr 12, 2012
Jkt 226001
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
E:\FR\FM\13APR1.SGM
*
*
Amended to add ‘‘film and foil coating’’
to the regulated category.
*
13APR1
*
22226
Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP—Continued
State regulation (7
DNREC 1100)
Title/subject
State effective
date
EPA approval date
Additional explanation
*
Section 37.0 ............
*
*
Graphic Art Systems ..............................
*
3/11/11
*
4/13/12 [Insert page
number where
the document begins].
*
*
Amended to add ‘‘flexible packaging
printing’’ to the regulated category.
*
Section 45.0 ............
*
*
Industrial Cleaning Solvents ..................
*
3/11/11
*
4/13/12 [Insert page
number where
the document begins].
*
*
*
*
*
*
*
*
*
*
*
*
I. General Information
*
[FR Doc. 2012–8854 Filed 4–12–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 260 and 261
[EPA–HQ–RCRA–2008–0808; FRL 9658–3]
RIN–2050–AE78
Regulation of Oil-Bearing Hazardous
Secondary Materials From the
Petroleum Refining Industry
Processed in a Gasification System To
Produce Synthesis Gas; Final
Determination To Deny Administrative
Petition
Environmental Protection
Agency (EPA).
AGENCY:
Final rule; final determination
to deny administrative petition.
ACTION:
EPA is providing notice of a
final determination to deny an
administrative petition submitted by
Earthjustice on behalf of the Sierra Club
and the Louisiana Environmental
Action Network under the Resource
Conservation and Recovery Act. The
petition requested EPA to review the
final rule, ‘‘Regulation of Oil-Bearing
Hazardous Secondary Materials From
the Petroleum Refining Industry
Processed in a Gasification System To
Produce Synthesis Gas,’’ published in
the Federal Register on January 2, 2008.
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Alan Carpien, U.S. Environmental
Protection Agency, Office of General
Counsel, Mail Code 2366A, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone (202) 564–5507; or
carpien.alan@epa.gov.
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
12:58 Apr 12, 2012
*
Jkt 226001
A. How can I get copies of this
document and other related
information?
1. Docket. EPA has established a
docket for this action under Docket ID
No. EPA–HQ–RCRA–2008–0808.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the RCRA Docket in the EPA Docket
Center, (EPA/DC) EPA West, Room
3334, 1301 Constitution Ave. NW.,
Washington, DC. The EPA Docket
Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the RCRA
Docket is (202) 566–0270. A reasonable
fee may be charged for copying docket
materials.
2. Electronic Access. You may access
this Federal Register document
electronically through the EPA Internet
under the Federal Register listings at
https://www.epa.gov/fedrgstr/.
II. Summary of the Action
EPA is providing notice of a final
determination to deny an administrative
petition submitted by Earthjustice on
behalf of the Sierra Club and the
Louisiana Environmental Action
Network under the Resource
Conservation and Recovery Act. EPA
issued an earlier notice tentatively
denying this same petition in January
2011 and solicited written comments on
this tentative decision (76 FR 5107, Jan.
28, 2011). The petition requested EPA to
review the final rule, ‘‘Regulation of OilBearing Hazardous Secondary Materials
From the Petroleum Refining Industry
Processed in a Gasification System To
Produce Synthesis Gas,’’ published in
the Federal Register on January 2, 2008
(73 FR 57). The EPA has considered the
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
petition, along with information
contained in the rulemaking docket, as
well as the five public comments
received on the tentative denial. After
evaluating all of this information, EPA
has decided to issue a final
determination denying the petition. In a
letter from EPA Assistant Administrator
Mathy Stanislaus dated April 3, 2012,
EPA provided the petitioner with its
final decision to deny the administrative
petition. The letter, which is included
as an Appendix to this Federal Register
document explains EPA’s reasons for
denying the petition, as well as
discussing the other comments received
on the tentative denial.
Appendix: Letter to Earthjustice
Denying Administrative Petition
Ms. Lisa Gollin Evans
Earthjustice
21 Ocean Avenue
Marblehead, MA 01945
Dear Ms. Evans:
This letter is written to inform you of our
final determination to deny the April 1, 2008
administrative petition you submitted to the
U.S. Environmental Protection Agency (EPA
or the agency) under the Resource
Conservation and Recovery Act (RCRA)
§ 7004(a), 42 U.S.C. § 6974(a) on behalf of the
Sierra Club and the Louisiana Environmental
Action Network (LEAN) (hereafter referred to
as ‘‘Sierra Club’’). Sierra Club requested that
EPA review the final rule, ‘‘Regulation of OilBearing Hazardous Secondary Materials from
the Petroleum Refining Industry Processed in
a Gasification System to Produce Synthesis
Gas’’ (Gasification Rule). This final rule was
published in the Federal Register on January
2, 2008 (73 FR 57, et seq.). The petition
raised both procedural (notice and comment)
and substantive grounds for seeking the
agency’s review of the Gasification Rule. EPA
has made a final determination to deny the
petition and in accordance with the
regulatory requirements of 40 CFR 260.20,
EPA is providing notice of this determination
to deny the petition in the Federal Register.
A tentative denial was issued on January
19, 2011, and published in the Federal
Register on January 28, 2011 (76 FR 5107).
E:\FR\FM\13APR1.SGM
13APR1
]]>Agencies
[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Rules and Regulations]
[Pages 22224-22226]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8854]
[[Page 22224]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0998; FRL-9657-1]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendments to the Handling, Storage, and Disposal of Volatile
Organic Compounds Emissions; Automobile and Light-Duty Truck Coating
Operations; Paper Coating; Coating of Flat Wood Paneling; Graphic Art
Systems; and Industrial Cleaning Solvents
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. This revision amends the control of
volatile organic compound (VOC) emissions from industrial cleaning
solvents facilities; automobile and light-duty truck coating
operations; paper, film, and foil coating units; flat wood paneling
products; and flexible packaging printing presses. EPA is approving
this SIP revision to meet the requirements to implement reasonably
available control technology (RACT) controls on emission sources
covered by EPA's control techniques guidelines (CTG) in accordance with
the requirements of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on May 14, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0998. 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
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:
I. Background
On February 2, 2012 (77 FR 5207), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed
approval of the Delaware SIP revision that 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. 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 20, 2011.
II. Summary of SIP Revision
The SIP revision consists of the following: (1) Amendments to
section 8.0--Handling, Storage, and Disposal of Volatile Organic
Compounds, in order to add definitions, update the existing work
practice standards, and add an applicable cleaning solvent VOC content
limit; (2) amendments to section 13.0--Automobile and Light-Duty Truck
Coating Operations, in order to establish VOC limits in coating
materials used in automobile and light-duty truck coating operations;
(3) amendments to section 16.0--Paper Coating, in order to expand the
regulated scope and add ``film and foil coating'' to the regulated
category; (4) amendments to section 23.0--Coating of Flat Wood
Paneling, in order to add tileboard panels and exterior sidings to the
flat wood paneling product category and establish VOC emission limits,
as well as establish more stringent emission limits to previously
existing flat wood paneling products; (5) amendments to section 37.0--
Graphic Arts Systems, in order to establish provisions for flexible
packaging printing presses to the regulated category and establish
efficiency requirements for control systems to be installed on the
flexible packaging printing presses; and (6) amendments to section
45.0--Industrial Cleaning Solvents, in order 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. Other
specific requirements and the rationale for EPA's proposed action are
explained in the NPR and will not be restated here.
III. Final Action
EPA is approving the control of VOC emissions from industrial
cleaning solvents facilities; automobile and light-duty truck coating
operations; paper, film, and 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) as a revision to
the Delaware SIP. This SIP revision meets the requirements to implement
RACT controls on emission sources.
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);
[[Page 22225]]
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 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 June 12, 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 industrial
cleaning solvents facilities; automobile and light-duty truck coating
operations; paper, film, and foil coating units; flat wood paneling
products; and flexible packaging printing presses 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.
Dated: March 27, 2012.
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 revising
the entries for Regulation 1124, sections 8.0, 13.0, 16.0, 23.0, 37.0,
and 45.0 to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State regulation (7 DNREC State Additional
1100) Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1124.......................... Control of Volatile Organic Compound Emissions
* * * * * * *
Section 8.0................... Handling, Storage, and 3/11/11 4/13/12 [Insert .....................
Disposal of Volatile page number
Organic Compounds. where the
document begins].
* * * * * * *
Section 13.0.................. Automobile and Light- 3/11/11 4/13/12 [Insert .....................
Duty Truck Coating page number
Operations. where the
document begins].
* * * * * * *
Section 16.0.................. Paper Coating......... 3/11/11 4/13/12 [Insert Amended to add ``film
page number and foil coating''
where the to the regulated
document begins]. category.
* * * * * * *
Section 23.0.................. Coating of Flat Wood 3/11/11 4/13/12 [Insert .....................
Paneling. page number
where the
document begins].
[[Page 22226]]
* * * * * * *
Section 37.0.................. Graphic Art Systems... 3/11/11 4/13/12 [Insert Amended to add
page number ``flexible packaging
where the printing'' to the
document begins]. regulated category.
* * * * * * *
Section 45.0.................. Industrial Cleaning 3/11/11 4/13/12 [Insert .....................
Solvents. page number
where the
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-8854 Filed 4-12-12; 8:45 am]
BILLING CODE 6560-50-P
