Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control Technique Guidelines for Plastic Parts, Metal Furniture, Large Appliances, and Miscellaneous Metal Parts, 58953-58955 [2012-23495]
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Federal Register / Vol. 77, No. 186 / Tuesday, September 25, 2012 / Rules and Regulations
Vermont Ave. NW., Washington, DC
20420; (202) 461–1599. (This is not a
toll-free number.)
ENVIRONMENTAL PROTECTION
AGENCY
In a direct
final rule published in the Federal
Register on March 6, 2012, 77 FR 13195,
VA amended 38 CFR 17.108 to
eliminate copayments for in-home video
telehealth. VA published a companion
substantially identical proposed rule at
77 FR 13236 on the same date to serve
as a proposal for the provisions in the
direct final rule in case adverse
comments were received. The direct
final rule and proposed rule each
provided a 30-day comment period that
ended on April 5, 2012. No adverse
comments were received. Two
comments that supported the
rulemaking were received from
members of the general public.
Under the direct final rule procedures
that were described in 77 FR 13195 and
77 FR 13236, the direct final rule
became effective on May 7, 2012,
because no significant adverse
comments were received within the
comment period. In a companion
document in this issue of the Federal
Register, VA is withdrawing the
proposed rulemaking, RIN 2900–AO27,
published at 77 FR 13236, as
unnecessary.
SUPPLEMENTARY INFORMATION:
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. John
R. Gingrich, Chief of Staff, Department
of Veterans Affairs, approved this
document on September 18, 2012, for
publication.
Dated: September 19, 2012.
Robert C. McFetridge,
Director, Office of Regulation Policy and
Management, Office of the General Counsel,
Department of Veterans Affairs.
[FR Doc. 2012–23513 Filed 9–24–12; 8:45 am]
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SUPPLEMENTARY INFORMATION:
I. Background
On July 13, 2012 (77 FR 41337), EPA
published a notice of proposed
[EPA–R03–OAR–2010–0847; FRL–9731–8]
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
Approval and Promulgation of Air
of the Delaware SIP revision that
Quality Implementation Plans;
amends Regulation No. 1124, Control of
Delaware; Control Technique
Volatile Organic Compounds, sections
Guidelines for Plastic Parts, Metal
2.0 ‘‘Definitions,’’ 12.0 ‘‘Surface
Furniture, Large Appliances, and
Coating of Plastic Parts,’’ 19.0 ‘‘Coating
Miscellaneous Metal Parts
of Metal Furniture,’’ 20.0 ‘‘Coating of
AGENCY: Environmental Protection
Large Appliances,’’ and 22.0 ‘‘Coating
Agency (EPA).
of Miscellaneous Metal Parts,’’ to
ACTION: Final rule.
incorporate the requirements of EPA’s
CTGs. CTGs are documents issued by
SUMMARY: EPA is approving revisions to
EPA that provide guidance to states
the Delaware State Implementation Plan concerning what types of controls could
(SIP) submitted by the State of Delaware constitute RACT for VOC from various
through the Delaware Department of
sources, including the coating of plastic
Natural Resources and Environmental
parts, metal furniture, large appliances,
Control (DNREC). The revisions amend
and miscellaneous metal parts. EPA
Delaware’s regulation for the Control of
requires all ozone nonattainment areas
Volatile Organic Compounds (VOC) for
to update regulations for emission
sources covered by EPA’s Control
sources covered in an EPA CTG and to
Techniques Guidelines (CTG) standards submit the regulations to EPA for
for the following categories: Plastic
approval as SIP revisions. These
Parts, Metal Furniture, Large
amendments will reduce the VOC
Appliances, and Miscellaneous Metal
content of currently regulated coatings,
Parts. EPA is approving this SIP revision regulate additional coating categories,
to meet the requirements to implement
require the use of coating application
reasonably available control technology equipment that provides for high
(RACT) controls on emission sources
transfer efficiency, and require that
covered by EPA’s CTGs in accordance
clean-up solvent emissions be included
with the requirements of the Clean Air
in regulatory applicability
Act (CAA).
determinations. EPA received no
DATES: Effective Date: This final rule is
comments on the NPR to approve
effective on October 25, 2012.
Delaware’s SIP revision. The formal SIP
ADDRESSES: EPA has established a
revision was submitted by the State of
docket for this action under Docket ID
Delaware on April 1, 2010 and March 9,
Number EPA–R03–OAR–2010–0847. All 2012.
documents in the docket are listed in
II. Summary of SIP Revision
the www.regulations.gov Web site.
The SIP revision consists of the
Although listed in the electronic docket,
following revisions to Delaware’s
some information is not publicly
Regulation No. 1124: (1) Amendments
available, i.e., confidential business
to section 2.0—Definitions, which adds
information (CBI) or other information
whose disclosure is restricted by statute. definitions; (2) amendments to section
12.0—Surface Coating of Plastic Parts,
Certain other material, such as
which establishes applicability for every
copyrighted material, is not placed on
owner or operator of any plastic parts or
the Internet and will be publicly
products coating units, adds, revises,
available only in hard copy form.
and deletes definitions, specifies
Publicly available docket materials are
available either electronically through
standards and exemptions, and specifies
www.regulations.gov or in hard copy for control devices, test methods,
public inspection during normal
compliance certification, recordkeeping,
business hours at the Air Protection
and reporting requirements; (3)
Division, U.S. Environmental Protection amendments to section 19.0—Coating of
Agency, Region III, 1650 Arch Street,
Metal Furniture, which establishes
Philadelphia, Pennsylvania 19103.
applicability to every owner or operator
Copies of the State submittal are
of any metal furniture coating unit,
available at Delaware Department of
revises a definition, specifies standards
Natural Resources and Environmental
and exemptions, and specifies control
Control, 89 Kings Highway, P.O. Box
devices, test methods, compliance
1401, Dover, Delaware 19903.
certification, recordkeeping, and
reporting requirements; (4) amendments
FOR FURTHER INFORMATION CONTACT:
to section 20.0—Coating of Large
Gregory Becoat, (215) 814–2036, or by
Appliances, which establishes
email at becoat.gregory@epa.gov.
40 CFR Part 52
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Federal Register / Vol. 77, No. 186 / Tuesday, September 25, 2012 / Rules and Regulations
applicability to every owner or operator
of any large appliance coating unit,
revises a definition, specifies standards
and exemptions, and specifies control
devices, test methods, compliance
certification, recordkeeping, and
reporting requirements; and (5)
amendments to section 22.0—Coating of
Miscellaneous Metal Parts, which
establishes applicability to every owner
or operator of any miscellaneous metal
parts and products coating unit, adds,
revises, and deletes definitions,
specifies standards and exemptions, and
specifies control devices, test methods,
compliance certification, recordkeeping,
and reporting requirements. 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 as a revision to the
Delaware SIP the revisions to 7 DE
Administrative Code 1124, sections 2.0,
12.0, 19.0, 20.0, and 22.0 for the control
of VOC emissions from plastic parts,
metal furniture, large appliances, and
miscellaneous metal parts. 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);
• 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 November 26, 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 plastic parts,
metal furniture, large appliances, and
miscellaneous metal parts 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: September 7, 2012.
Shawn M. Garvin,
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 2.0, 12.0,
19.0, 20.0, and 22.0 to read as follows:
■
§ 52.420
*
Identification of plan.
*
*
(c) * * *
*
*
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EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State regulation (7
DNREC 1100)
.
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Title/subject
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EPA approval date
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EPA-APPROVED REGULATIONS IN THE DELAWARE SIP—Continued
State regulation (7
DNREC 1100)
State effective
date
Title/subject
1124
Additional
explanation
EPA approval date
Control of Volatile Organic Compound Emissions
*
Section 2.0 ..............
*
*
Definitions ..............................................
*
4/11/10
*
*
9/25/12 [Insert page number where the
document begins].
*
Section 12.0 ............
*
*
Surface Coating of Plastic Parts ............
*
10/11/11
*
*
9/25/12 [Insert page number where the
document begins].
*
*
Section 19.0 ............
*
*
Coating of Metal Furniture .....................
*
10/11/11
*
Section 20.0 ............
Coating of Large Appliances .................
10/11/11
*
*
9/25/12 [Insert page number where the
document begins].
9/25/12 [Insert page number where the
document begins].
*
Section 22.0 ............
*
*
Coating of Miscellaneous Metal Parts ...
*
10/11/11
*
*
9/25/12 [Insert page number where the
document begins].
*
*
*
*
*
*
*
*
*
[FR Doc. 2012–23495 Filed 9–24–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0159; FRL–9731–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Commonwealth of Pennsylvania;
Section 110(a)(2) Infrastructure
Requirements for the 1997 8-Hour
Ozone and the 1997 and 2006 Fine
Particulate Matter National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving submittals
from the Commonwealth of
Pennsylvania pursuant to the Clean Air
Act (CAA). Whenever new or revised
National Ambient Air Quality Standards
(NAAQS) are promulgated, the CAA
requires states to submit a plan for the
implementation, maintenance and
enforcement of such NAAQS. The plan
is required to address basic program
elements including, but not limited to,
regulatory structure, monitoring,
modeling, legal authority, and adequate
resources necessary to assure attainment
and maintenance of the standards.
These elements are referred to as
infrastructure requirements.
Pennsylvania has made submittals
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addressing the infrastructure
requirements for the 1997 8-hour ozone
and fine particulate matter (PM2.5)
NAAQS and the 2006 PM2.5 NAAQS.
This action approves those submittals,
or portions thereof.
DATES: This final rule is effective on
October 25, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0159. 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 Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Ruth Knapp, (215) 814–2191, or by
email at knapp.ruth@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
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Amended to add
definitions.
*
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On September 1, 2011 (76 FR 54410),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval of
Pennsylvania’s submittals that provide
the infrastructure elements specified in
CAA section 110(a)(2)(A), (B), (C), (D),
(E), (F), (G), (H), (J), (K), (L), and (M), or
portions thereof, necessary to
implement, maintain, and enforce the
1997 8-hour ozone and PM2.5 NAAQS
and the 2006 PM2.5 NAAQS. The
submittals by the Commonwealth of
Pennsylvania dated December 7, 2007
and June 6, 2008 addressed the section
110(a)(2) requirements for the 1997 8hour ozone NAAQS. The submittals
dated December 7, 2007, June 6, 2008,
and April 26, 2010 addressed the
section 110(a)(2) requirements for the
1997 PM2.5 NAAQS. Finally, the
submittals dated April 26, 2010 and
May 24, 2011 addressed the section
110(a)(2) requirements for the 2006
PM2.5 NAAQS.
II. Summary of SIP Revision
The submittals referenced in the
Background section above address the
infrastructure elements specified in
CAA section 110(a)(2) as applicable.
These submittals provide for the
implementation, maintenance, and
enforcement of the 1997 8-hour ozone
NAAQS, the 1997 PM2.5 NAAQS, and
the 2006 PM2.5 NAAQS. The rationale
supporting EPA’s proposed action
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[Federal Register Volume 77, Number 186 (Tuesday, September 25, 2012)]
[Rules and Regulations]
[Pages 58953-58955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23495]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0847; FRL-9731-8]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Control Technique Guidelines for Plastic Parts, Metal
Furniture, Large Appliances, and Miscellaneous Metal Parts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the Delaware State
Implementation Plan (SIP) submitted by the State of Delaware through
the Delaware Department of Natural Resources and Environmental Control
(DNREC). The revisions amend Delaware's regulation for the Control of
Volatile Organic Compounds (VOC) for sources covered by EPA's Control
Techniques Guidelines (CTG) standards for the following categories:
Plastic Parts, Metal Furniture, Large Appliances, and Miscellaneous
Metal Parts. 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 CTGs in accordance
with the requirements of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on October 25,
2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0847. 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 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 July 13, 2012 (77 FR 41337), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. The NPR proposed approval
of the Delaware SIP revision that amends Regulation No. 1124, Control
of Volatile Organic Compounds, sections 2.0 ``Definitions,'' 12.0
``Surface Coating of Plastic Parts,'' 19.0 ``Coating of Metal
Furniture,'' 20.0 ``Coating of Large Appliances,'' and 22.0 ``Coating
of Miscellaneous Metal Parts,'' to incorporate the requirements of
EPA's CTGs. CTGs are documents issued by EPA that provide guidance to
states concerning what types of controls could constitute RACT for VOC
from various sources, including the coating of plastic parts, metal
furniture, large appliances, and miscellaneous metal parts. EPA
requires all ozone nonattainment areas to update regulations for
emission sources covered in an EPA CTG and to submit the regulations to
EPA for approval as SIP revisions. These amendments will reduce the VOC
content of currently regulated coatings, regulate additional coating
categories, require the use of coating application equipment that
provides for high transfer efficiency, and require that clean-up
solvent emissions be included in regulatory applicability
determinations. 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 April 1, 2010 and March 9, 2012.
II. Summary of SIP Revision
The SIP revision consists of the following revisions to Delaware's
Regulation No. 1124: (1) Amendments to section 2.0--Definitions, which
adds definitions; (2) amendments to section 12.0--Surface Coating of
Plastic Parts, which establishes applicability for every owner or
operator of any plastic parts or products coating units, adds, revises,
and deletes definitions, specifies standards and exemptions, and
specifies control devices, test methods, compliance certification,
recordkeeping, and reporting requirements; (3) amendments to section
19.0--Coating of Metal Furniture, which establishes applicability to
every owner or operator of any metal furniture coating unit, revises a
definition, specifies standards and exemptions, and specifies control
devices, test methods, compliance certification, recordkeeping, and
reporting requirements; (4) amendments to section 20.0--Coating of
Large Appliances, which establishes
[[Page 58954]]
applicability to every owner or operator of any large appliance coating
unit, revises a definition, specifies standards and exemptions, and
specifies control devices, test methods, compliance certification,
recordkeeping, and reporting requirements; and (5) amendments to
section 22.0--Coating of Miscellaneous Metal Parts, which establishes
applicability to every owner or operator of any miscellaneous metal
parts and products coating unit, adds, revises, and deletes
definitions, specifies standards and exemptions, and specifies control
devices, test methods, compliance certification, recordkeeping, and
reporting requirements. 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 as a revision to the Delaware SIP the revisions to
7 DE Administrative Code 1124, sections 2.0, 12.0, 19.0, 20.0, and 22.0
for the control of VOC emissions from plastic parts, metal furniture,
large appliances, and miscellaneous metal parts. 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);
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 November 26, 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 plastic
parts, metal furniture, large appliances, and miscellaneous metal parts
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: September 7, 2012.
Shawn M. Garvin,
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 2.0, 12.0, 19.0, 20.0, and
22.0 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 58955]]
1124 Control of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 2.0................... Definitions........... 4/11/10 9/25/12 [Insert page Amended to add
number where the definitions.
document begins].
* * * * * * *
Section 12.0.................. Surface Coating of 10/11/11 9/25/12 [Insert page ................
Plastic Parts. number where the
document begins].
* * * * * * *
Section 19.0.................. Coating of Metal 10/11/11 9/25/12 [Insert page ................
Furniture. number where the
document begins].
Section 20.0.................. Coating of Large 10/11/11 9/25/12 [Insert page ................
Appliances. number where the
document begins].
* * * * * * *
Section 22.0.................. Coating of 10/11/11 9/25/12 [Insert page ................
Miscellaneous Metal number where the
Parts. document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-23495 Filed 9-24-12; 8:45 am]
BILLING CODE 6560-50-P
