Approval and Promulgation of Implementation Plans; Georgia; Control Techniques Guidelines and Reasonably Available Control Technology, 59554-59558 [2012-23710]
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59554
Federal Register / Vol. 77, No. 189 / Friday, September 28, 2012 / Rules and Regulations
environment. This rule involves the
establishment of three safety zones. This
rule is categorically excluded from
further review under, paragraph 34(g) of
figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Revise § 165.T01–0767 to read as
follows:
■
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§ 165.T01–0767 Safety Zone; Boston
Harbor’s Rock Removal Project, Boston
Inner Harbor, Boston, MA.
(a) General. Three temporary safety
zones are established for the Boston
Harbor’s Rock Removal Project as
follows:
(1) Location. (i) All navigable waters
from surface to bottom, within a 100yard radius around the vessel or vessels
conducting drilling, blasting, dredging,
and other related operations related to
rock removal in Boston’s Inner Harbor
near Castle Island.
(ii) All navigable waters from surface
to bottom, with a 100-yard radius
around the vessel ‘‘MANTIS’’ while
transporting explosives to and from the
work site.
(iii) All navigable waters from surface
to bottom, with a 500-yard radius
around the blasting site while setting up
for blasting, blasting, and in the
immediate aftermath.
(2) Definitions. For the purposes of
this section, ‘‘Designated on-scene
representative’’ is any Coast Guard
commissioned, warrant, or petty officer
who has been designated by the Captain
of the Port Boston (COTP) to act on the
COTP’s behalf. The designated
representative may be on an Official
Patrol Vessel. An ‘‘Official Patrol
Vessel’’ may consist of any Coast Guard,
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Coast Guard Auxiliary, state, or local
law enforcement vessels assigned or
approved by the COTP or the designated
on-scene representative may be on shore
and will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(3) Enforcement Period. This rule will
be enforced daily from 5 a.m. to 8 p.m.
from September 4, 2012, until
September 30, 2012.
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.23,
as well as the following regulations,
apply.
(2) No vessels, except for participating
or public vessels, will be allowed to
enter into, transit through, or anchor
within these safety zones without the
permission of the COTP or the
designated on-scene representative.
(3) All persons and vessels shall
comply with the instructions of the
COTP or the designated on-scene
representative. Upon being hailed by a
U.S. Coast Guard vessel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(4) Vessel operators desiring to enter
or operate within the regulated area
shall contact the COTP or the
designated on-scene representative via
VHF channel 16 or 617–223–3201
(Sector Boston command Center) to
obtain permission.
Dated: September 4, 2012.
J.C. O’Connor III,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2012–23855 Filed 9–27–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0448; FRL–9732–2]
Approval and Promulgation of
Implementation Plans; Georgia;
Control Techniques Guidelines and
Reasonably Available Control
Technology
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving four final
State Implementation Plan (SIP)
revisions submitted by the State of
Georgia, through the Georgia
Environmental Protection Division (GA
EPD), to EPA on November 13, 1992,
SUMMARY:
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October 21, 2009 (three separate
submittals on this day), and March 19,
2012. Additionally, EPA is approving a
SIP revision that GA EPD submitted on
July 19, 2012, for parallel processing.
GA EPD submitted the final submission
related to the July 19, 2012, draft SIP
revision on September 7, 2012.
Together, these revisions establish
reasonably available control technology
(RACT) requirements for the major
sources located in the Atlanta, Georgia
1997 8-hour ozone nonattainment area
(hereafter referred to as the ‘‘Atlanta
Area’’) that either emit volatile organic
compounds (VOC), nitrogen oxides
(NOX), or both. Georgia’s SIP revisions
include certain VOC source categories
for which EPA has issued Control
Techniques Guidelines (CTG). EPA has
evaluated the revisions to Georgia’s SIP,
and has made the determination that
they are consistent with the Clean Air
Act (CAA or Act), statutory and
regulatory requirements and EPA
guidance.
DATES: Effective Date: This rule will be
effective October 29, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0448. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9029.
Ms. Spann can also be reached via
electronic mail at spann.jane@epa.gov.
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SUPPLEMENTARY INFORMATION:
Table of Contents
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I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On April 30, 2004, EPA designated
the Atlanta Area as a marginal
nonattainment area with respect to the
1997 8-hour ozone national ambient air
quality standards (NAAQS). See 69 FR
23858. The Atlanta Area includes the
following 20 counties: Barrow, Bartow,
Carroll, Cherokee, Clayton, Cobb,
Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Hall, Henry,
Newton, Paulding, Rockdale, Spalding
and Walton.1 For background purposes,
portions of the Atlanta Area were
designated as a severe nonattainment
area for the 1-hour ozone NAAQS. The
Area was subsequently redesignated to
attainment for the 1-hour ozone NAAQS
with a maintenance plan. The original
Atlanta 1-hour severe ozone
nonattainment area consisted of 13
counties including Cherokee, Clayton,
Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry,
Paulding and Rockdale. See 56 FR
56694 (November 6, 1991). As such,
major sources in the 13-county 1-hour
ozone nonattainment area were defined
as those sources that emit 25 tons per
year (tpy) or more of VOC or NOX.
Therefore, the applicability of some of
the rules being approved in today’s
action is for 25 tpy and above for
sources in the 13 county area that was
severe for the 1-hour ozone NAAQS and
moderate for the 1997 8-hour ozone
NAAQS; and 100 tpy and above in the
remaining 7 counties that have only
been classified as moderate for the 1997
8-hour ozone NAAQS.
On March 6, 2008, EPA reclassified
the Atlanta Area from a marginal ozone
nonattainment area to a moderate ozone
nonattainment area. As a result of this
designation and subsequent
reclassification to moderate, Georgia
was required to amend its SIP for the
Atlanta Area to satisfy the requirements
for a moderate area under CAA section
182. Section 182(b)(2) of the CAA
requires states to adopt RACT rules for
all areas designated nonattainment for
ozone and classified as moderate or
above. The three parts of the section
182(b)(2) RACT requirements are: (1)
1 Effective July 20, 2012, EPA designated 15
counties in the Atlanta metropolitan area as a
marginal nonattainment area for the 2008 8-hour
ozone NAAQS. Today’s final action regarding
RACT is not related to requirements for the 2008
8-hour ozone NAAQS.
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RACT for sources covered by an existing
CTG (i.e., a CTG issued prior to
enactment of the 1990 amendments to
the CAA); (2) RACT for sources covered
by a post-enactment CTG; and (3) all
major sources not covered by a CTG
(i.e., non-CTG sources). Pursuant to 40
CFR 51.165, a major source for a
moderate ozone area is a source that
emits 100 tpy or more of VOC or NOX.
For more information regarding the
RACT requirements, including
requirements and schedules for sources
covered by CTGs, please see the
proposed approval of this action. See 77
FR 45307, July 31, 2012.
II. This Action
EPA is taking final action to approve
several final SIP revisions submitted by
the State of Georgia, through the GA
EPD, to EPA on November 13, 1992,
October 21, 2009,2 March 19, 2012,3 and
September 7, 2012. The September 7,
2012, SIP revision was initially
submitted to EPA for parallel processing
on July 19, 2012, and the final version
was submitted to EPA on September 7,
2012, consistent with applicable
requirements.4 The purpose of these
revisions is to ensure that certain VOC
and NOX sources are controlled to levels
that meet RACT requirements for major
sources located in the Atlanta Area and
meet RACT requirements for certain
VOC source categories for which EPA
has issued CTG. EPA has evaluated the
2 Three separate submittals were submitted to
EPA from GA EPD on October 21, 2009. These are
Submittals A, B and C referenced in the July 31,
2012, proposed approval. See 77 FR 45307.
3 Georgia submitted a SIP revision on September
15, 2008, that addressed four RACT rule changes
that are described in EPA’s July 31, 2012, proposed
rulemaking. Specifically, these rules are Rules 391–
1–.02(2)(y) Metal Furniture, (ff) Solvent Metal
Cleaning, (ii) Miscellaneous Metal Coating and
(kkk) Aerospace Coatings. EPA notes that Georgia
submitted a subsequent SIP revision to make
additional changes to these aforementioned rules.
While EPA’s July 31, 2012, proposed rulemaking
does not specifically reference Georgia’s September
15, 2008, SIP revisions, EPA’s proposal does
account for the comprehensive changes to Rules
391–1–.02(2)(y), (ii) and (kkk) from Georgia’s
September 15, 2008, SIP revision as supplemented
with subsequent SIP revisions and EPA’s proposal
does account for appropriate applicability for Rule
391–1–.02(2)(ff). The version of the Rule 391–1–
.02(2)(ff) already in the federally approved SIP,
along with the applicability change found in EPA’s
proposal, meet the RACT requirements. Georgia’s
September 15, 2008, SIP revision also included
revisions to seven additional rules which were not
addressed in EPA’s July 31, 2012, proposed
rulemaking and are not being finalized in today’s
action. These seven additional rules are unrelated
to RACT.
4 On July 31, 2012, EPA proposed approval of GA
EPD’s July 19, 2012, SIP revision contingent upon
Georgia providing EPA a final SIP revision that was
not changed significantly from the July 19, 2012,
SIP revision. Georgia provided its final SIP revision
on September 7, 2012. There were no changes made
to the final submittal.
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59555
revisions to Georgia’s SIP, and has made
the determination that they are
consistent with statutory and regulatory
requirements and EPA guidance.
The purpose of today’s action is to
approve the referenced SIP revisions as
meeting the VOC and NOX RACT
requirements of section 182(b)(2) of the
CAA for the Atlanta Area. On July 31,
2012, EPA published a proposed
rulemaking to approve, and in the
alternative conditionally approve, the
referenced SIP revisions. See 77 FR
45307. EPA did not receive any public
comments on its proposal. Since EPA
received Georgia’s final SIP revision on
September 7, 2012, and the final
submittal remained unchanged from the
State’s draft July 19, 2012, SIP revision,
EPA is finalizing today’s action as a full
approval and does not need to
conditionally approve any portion of
Georgia’s SIP revisions as meeting the
VOC and NOX RACT requirements.
III. Final Action
EPA is taking final action to approve
four SIP revisions submitted by the
State of Georgia to address the CTG and
RACT requirements for the Atlanta
Area. Specifically, EPA is taking final
action to approve final SIP revisions
submitted to EPA from GA EPD on
November 13, 1992, October 21, 2009
(three separate submittals on this day),
March 19, 2012, and September 7, 2012.
EPA is approving these SIP revisions
because they are consistent with the
CAA and requirements related to VOC
and NOX RACT.
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
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the 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
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Federal Register / Vol. 77, No. 189 / Friday, September 28, 2012 / Rules and Regulations
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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 27, 2012. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 10, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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 L—Georgia
2. Section 52.570(c), is amended by
revising the entries for ‘‘391–3–1.01,’’
‘‘391–3–1–.02(2)(a),’’ ‘‘391–3–1–
.02(2)(t),’’ ‘‘391–3–1–.02(2)(u),’’ ‘‘391–3–
1–.02(2)(v),’’ ‘‘391–3–1–.02(2)(w),’’
‘‘391–3–1–.02(2)(x),’’ ‘‘391–3–1–
.02(2)(y),’’ ‘‘391–3–1–.02(2)(z),’’ ‘‘391–
3–1–.02(2)(aa),’’ ‘‘391–3–1–.02(2)(ii),’’
‘‘391–3–1–.02(2)(jj),’’ ‘‘391–3–1–
.02(2)(mm),’’ ‘‘391–3–1–.02(2)(pp),’’
‘‘391–3–1–.02(2)(rr),’’ ‘‘391–3–1–
.02(2)(ss),’’ ‘‘391–3–1–.02(2)(tt),’’ ‘‘391–
3–1–.02(2)(vv),’’ ‘‘391–3–1–.02(2)(yy),’’
‘‘391–3–1–.02(2)(ccc),’’ ‘‘391–3–1–
.02(2)(ddd),’’ ‘‘391–3–1–.02(2)(eee),’’
‘‘391–3–1–.02(2)(hhh),’’ ‘‘391–3–1–
.02(2)(kkk),’’ and ‘‘391–3–1–.02(2)(rrr)’’
and adding new entries for ‘‘391–3–1–
.02(2)(vvv),’’ ‘‘391–3–1–.02(2)(yyy),’’
‘‘391–3–1–.02(2)(zzz),’’ and ‘‘391–3–1–
.02(2)(aaaa)’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
State effective
date
State citation
Title/subject
391–3–1.01 ..................................
Definitions ....................................
*
*
*
3/7/2012
*
EPA approval date
Explanation
9/28/2012 [Insert citation
of publication].
*
*
*
Emission Standards
391–3–1–.02(2)(a) .......................
*
*
*
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391–3–1–.02(2)(t) ........................
391–3–1–.02(2)(u) .......................
391–3–1–.02(2)(v) .......................
391–3–1–.02(2)(w) ......................
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*
VOC Emissions from Automobile
and Light Duty Truck Manufacturing.
VOC Emissions from Can Coating.
VOC Emissions from Coil Coating.
VOC Emissions from Paper
Coating.
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9/28/2012 [Insert citation
of publication].
*
*
3/7/2012
9/28/2012 [Insert citation
of publication].
9/16/1992
9/28/2012 [Insert citation
of publication].
9/28/2012 [Insert citation
of publication].
9/28/2012 [Insert citation
of publication].
9/16/1992
3/7/2012
Sfmt 4700
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Except for paragraph 391–
3–1–.02(2)(a)1 (as approved on 3/16/06).
*
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EPA APPROVED GEORGIA REGULATIONS—Continued
State effective
date
State citation
Title/subject
391–3–1–.02(2)(x) .......................
VOC Emissions from Fabric and
Vinyl Coating.
VOC Emissions from Metal Furniture Coating.
VOC Emissions from Large Appliance Surface Coating.
VOC Emissions from Wire Coating.
391–3–1–.02(2)(y) .......................
391–3–1–.02(2)(z) .......................
391–3–1–.02(2)(aa) .....................
*
*
*
391–3–1–.02(2)(ii) .......................
391–3–1–.02(2)(jj) .......................
*
*
*
391–3–1–.02(2)(tt) .......................
*
391–3–1–.02(2)(vv) .....................
391–3–1–.02(2)(yy) .....................
*
391–3–1–.02(2)(ccc). ...................
391–3–1–.02(2)(ddd) ...................
391–3–1–.02(2)(eee) ...................
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*
*
*
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6/8/2008
4/12/2009
4/12/2009
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4/12/2009
4/12/2009
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*
Sfmt 4700
*
*
9/28/2012 [Insert citation
of publication].
9/28/2012 [Insert citation
of publication].
9/28/2012 [Insert citation
of publication].
*
*
9/28/2012 [Insert citation
of publication].
9/28/2012 [Insert citation
of publication].
*
*
9/28/2012 [Insert citation
of publication].
9/28/2012 [Insert citation
of publication].
9/28/2012 [Insert citation
of publication].
*
*
9/28/2012 [Insert citation
of publication].
*
4/12/2009
*
9/28/2012 [Insert citation
of publication].
*
*
Frm 00017
*
*
4/12/2009
VOC Emissions from Aerospace
Manufacturing and Rework Facilities.
*
9/28/2012 [Insert citation
of publication].
*
*
*
391–3–1–.02(2)(kkk) ....................
6/8/2008
Wood Furniture Finishing and
Cleaning Operations.
*
*
*
*
391–3–1–.02(2)(hhh) ...................
6/8/2008
VOC Emissions from Bulk Mixing
Tanks.
VOC Emissions from Offset Lithography and Letterpress.
VOC Emissions from expanded
Polystyrene Products Manufacturing.
*
*
*
*
*
citation
*
3/7/2012
Volatile Organic Liquid Handling
and Storage.
Emissions of Nitrogen Oxides
from Major Sources.
*
citation
9/28/2012 [Insert citation
of publication].
*
*
citation
3/7/2012
Gasoline Dispensing Facilities—
Stage I.
Gasoline Transport Systems and
Vapor Collection Systems.
VOC Emissions from Major
Sources.
*
citation
9/28/2012 [Insert citation
of publication].
*
*
Explanation
3/7/2012
Bulk Gasoline Plants ...................
*
9/28/2012 [Insert
of publication].
9/28/2012 [Insert
of publication].
9/28/2012 [Insert
of publication].
9/28/2012 [Insert
of publication].
*
*
*
391–3–1–.02(2)(ss) .....................
9/16/1992
VOC Emissions from Graphic
Arts Systems.
*
391–3–1–.02(2)(rr) .......................
3/7/2012
*
*
391–3–1–.02(2)(pp) .....................
3/7/2012
VOC Emissions from Surface
Coating of Miscellaneous Metal
Parts and Products.
VOC Emissions from Surface
Coating of Flat Wood Paneling.
*
391–3–1–.02(2)(mm) ...................
9/16/1992
EPA approval date
*
9/28/2012 [Insert citation
of publication].
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*
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EPA APPROVED GEORGIA REGULATIONS—Continued
State effective
date
State citation
Title/subject
391–3–1–.02(2)(lll) .......................
NOX Emissions from Fuel Burning Equipment.
*
*
*
391–3–1–.02(2)(rrr) .....................
*
*
391–3–1–.02(2)(yyy) ....................
391–3–1–.02(2)(zzz) ....................
391–3–1–.02(2)(aaaa) .................
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2011–0758; FRL–9363–3]
Sulfentrazone; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of sulfentrazone
in or on succulent soybeans.
Interregional Research Project Number 4
(IR–4) requested this tolerance under
the Federal Food, Drug, and Cosmetic
Act (FFDCA). In addition, this
regulation corrects an incorrect
commodity definition in the table. The
term ‘‘Berry, low growing, group 13–07’’
is being revised to its correct term
‘‘Berry and small fruit, group 13–07.’’
DATES: This regulation is effective
September 28, 2012. Objections and
requests for hearings must be received
on or before November 27, 2012, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2011–0758, is
SUMMARY:
mstockstill on DSK4VPTVN1PROD with RULES
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BILLING CODE 6560–50–P
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4/12/2009
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of publication].
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of publication].
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SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
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available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
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 OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Andrew Ertman, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9367; email address:
ertman.andrew@epa.gov.
PO 00000
Explanation
9/28/2012 [Insert citation
of publication].
*
VOC Emissions from Coating
Miscellaneous Plastic Parts
and Products.
VOC Emissions from the use of
Miscellaneous Industrial Adhesives.
VOC Emissions from Fiberglass
Boat Manufacturing.
Industrial Cleaning Solvents ........
[FR Doc. 2012–23710 Filed 9–27–12; 8:45 am]
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NOX Emissions from Small FuelBurning Equipment.
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391–3–1–.02(2)(vvv) ....................
4/12/2009
EPA approval date
Sfmt 4700
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applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://ecfr.gpoaccess.gov/cgi/t/
text/text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2011–0758 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before November 27, 2012. Addresses
for mail and hand delivery of objections
E:\FR\FM\28SER1.SGM
28SER1
Agencies
[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Rules and Regulations]
[Pages 59554-59558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23710]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0448; FRL-9732-2]
Approval and Promulgation of Implementation Plans; Georgia;
Control Techniques Guidelines and Reasonably Available Control
Technology
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving four final State Implementation Plan (SIP)
revisions submitted by the State of Georgia, through the Georgia
Environmental Protection Division (GA EPD), to EPA on November 13,
1992, October 21, 2009 (three separate submittals on this day), and
March 19, 2012. Additionally, EPA is approving a SIP revision that GA
EPD submitted on July 19, 2012, for parallel processing. GA EPD
submitted the final submission related to the July 19, 2012, draft SIP
revision on September 7, 2012. Together, these revisions establish
reasonably available control technology (RACT) requirements for the
major sources located in the Atlanta, Georgia 1997 8-hour ozone
nonattainment area (hereafter referred to as the ``Atlanta Area'') that
either emit volatile organic compounds (VOC), nitrogen oxides
(NOX), or both. Georgia's SIP revisions include certain VOC
source categories for which EPA has issued Control Techniques
Guidelines (CTG). EPA has evaluated the revisions to Georgia's SIP, and
has made the determination that they are consistent with the Clean Air
Act (CAA or Act), statutory and regulatory requirements and EPA
guidance.
DATES: Effective Date: This rule will be effective October 29, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0448. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30 excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Jane Spann, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9029. Ms. Spann can also be reached via electronic mail at
spann.jane@epa.gov.
[[Page 59555]]
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On April 30, 2004, EPA designated the Atlanta Area as a marginal
nonattainment area with respect to the 1997 8-hour ozone national
ambient air quality standards (NAAQS). See 69 FR 23858. The Atlanta
Area includes the following 20 counties: Barrow, Bartow, Carroll,
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding and
Walton.\1\ For background purposes, portions of the Atlanta Area were
designated as a severe nonattainment area for the 1-hour ozone NAAQS.
The Area was subsequently redesignated to attainment for the 1-hour
ozone NAAQS with a maintenance plan. The original Atlanta 1-hour severe
ozone nonattainment area consisted of 13 counties including Cherokee,
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Paulding and Rockdale. See 56 FR 56694 (November 6,
1991). As such, major sources in the 13-county 1-hour ozone
nonattainment area were defined as those sources that emit 25 tons per
year (tpy) or more of VOC or NOX. Therefore, the
applicability of some of the rules being approved in today's action is
for 25 tpy and above for sources in the 13 county area that was severe
for the 1-hour ozone NAAQS and moderate for the 1997 8-hour ozone
NAAQS; and 100 tpy and above in the remaining 7 counties that have only
been classified as moderate for the 1997 8-hour ozone NAAQS.
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\1\ Effective July 20, 2012, EPA designated 15 counties in the
Atlanta metropolitan area as a marginal nonattainment area for the
2008 8-hour ozone NAAQS. Today's final action regarding RACT is not
related to requirements for the 2008 8-hour ozone NAAQS.
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On March 6, 2008, EPA reclassified the Atlanta Area from a marginal
ozone nonattainment area to a moderate ozone nonattainment area. As a
result of this designation and subsequent reclassification to moderate,
Georgia was required to amend its SIP for the Atlanta Area to satisfy
the requirements for a moderate area under CAA section 182. Section
182(b)(2) of the CAA requires states to adopt RACT rules for all areas
designated nonattainment for ozone and classified as moderate or above.
The three parts of the section 182(b)(2) RACT requirements are: (1)
RACT for sources covered by an existing CTG (i.e., a CTG issued prior
to enactment of the 1990 amendments to the CAA); (2) RACT for sources
covered by a post-enactment CTG; and (3) all major sources not covered
by a CTG (i.e., non-CTG sources). Pursuant to 40 CFR 51.165, a major
source for a moderate ozone area is a source that emits 100 tpy or more
of VOC or NOX. For more information regarding the RACT
requirements, including requirements and schedules for sources covered
by CTGs, please see the proposed approval of this action. See 77 FR
45307, July 31, 2012.
II. This Action
EPA is taking final action to approve several final SIP revisions
submitted by the State of Georgia, through the GA EPD, to EPA on
November 13, 1992, October 21, 2009,\2\ March 19, 2012,\3\ and
September 7, 2012. The September 7, 2012, SIP revision was initially
submitted to EPA for parallel processing on July 19, 2012, and the
final version was submitted to EPA on September 7, 2012, consistent
with applicable requirements.\4\ The purpose of these revisions is to
ensure that certain VOC and NOX sources are controlled to
levels that meet RACT requirements for major sources located in the
Atlanta Area and meet RACT requirements for certain VOC source
categories for which EPA has issued CTG. EPA has evaluated the
revisions to Georgia's SIP, and has made the determination that they
are consistent with statutory and regulatory requirements and EPA
guidance.
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\2\ Three separate submittals were submitted to EPA from GA EPD
on October 21, 2009. These are Submittals A, B and C referenced in
the July 31, 2012, proposed approval. See 77 FR 45307.
\3\ Georgia submitted a SIP revision on September 15, 2008, that
addressed four RACT rule changes that are described in EPA's July
31, 2012, proposed rulemaking. Specifically, these rules are Rules
391-1-.02(2)(y) Metal Furniture, (ff) Solvent Metal Cleaning, (ii)
Miscellaneous Metal Coating and (kkk) Aerospace Coatings. EPA notes
that Georgia submitted a subsequent SIP revision to make additional
changes to these aforementioned rules. While EPA's July 31, 2012,
proposed rulemaking does not specifically reference Georgia's
September 15, 2008, SIP revisions, EPA's proposal does account for
the comprehensive changes to Rules 391-1-.02(2)(y), (ii) and (kkk)
from Georgia's September 15, 2008, SIP revision as supplemented with
subsequent SIP revisions and EPA's proposal does account for
appropriate applicability for Rule 391-1-.02(2)(ff). The version of
the Rule 391-1-.02(2)(ff) already in the federally approved SIP,
along with the applicability change found in EPA's proposal, meet
the RACT requirements. Georgia's September 15, 2008, SIP revision
also included revisions to seven additional rules which were not
addressed in EPA's July 31, 2012, proposed rulemaking and are not
being finalized in today's action. These seven additional rules are
unrelated to RACT.
\4\ On July 31, 2012, EPA proposed approval of GA EPD's July 19,
2012, SIP revision contingent upon Georgia providing EPA a final SIP
revision that was not changed significantly from the July 19, 2012,
SIP revision. Georgia provided its final SIP revision on September
7, 2012. There were no changes made to the final submittal.
---------------------------------------------------------------------------
The purpose of today's action is to approve the referenced SIP
revisions as meeting the VOC and NOX RACT requirements of
section 182(b)(2) of the CAA for the Atlanta Area. On July 31, 2012,
EPA published a proposed rulemaking to approve, and in the alternative
conditionally approve, the referenced SIP revisions. See 77 FR 45307.
EPA did not receive any public comments on its proposal. Since EPA
received Georgia's final SIP revision on September 7, 2012, and the
final submittal remained unchanged from the State's draft July 19,
2012, SIP revision, EPA is finalizing today's action as a full approval
and does not need to conditionally approve any portion of Georgia's SIP
revisions as meeting the VOC and NOX RACT requirements.
III. Final Action
EPA is taking final action to approve four SIP revisions submitted
by the State of Georgia to address the CTG and RACT requirements for
the Atlanta Area. Specifically, EPA is taking final action to approve
final SIP revisions submitted to EPA from GA EPD on November 13, 1992,
October 21, 2009 (three separate submittals on this day), March 19,
2012, and September 7, 2012. EPA is approving these SIP revisions
because they are consistent with the CAA and requirements related to
VOC and NOX RACT.
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 Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the 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
[[Page 59556]]
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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 27, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 10, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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 L--Georgia
0
2. Section 52.570(c), is amended by revising the entries for ``391-3-
1.01,'' ``391-3-1-.02(2)(a),'' ``391-3-1-.02(2)(t),'' ``391-3-
1-.02(2)(u),'' ``391-3-1-.02(2)(v),'' ``391-3-1-.02(2)(w),'' ``391-3-
1-.02(2)(x),'' ``391-3-1-.02(2)(y),'' ``391-3-1-.02(2)(z),'' ``391-3-
1-.02(2)(aa),'' ``391-3-1-.02(2)(ii),'' ``391-3-1-.02(2)(jj),'' ``391-
3-1-.02(2)(mm),'' ``391-3-1-.02(2)(pp),'' ``391-3-1-.02(2)(rr),''
``391-3-1-.02(2)(ss),'' ``391-3-1-.02(2)(tt),'' ``391-3-1-.02(2)(vv),''
``391-3-1-.02(2)(yy),'' ``391-3-1-.02(2)(ccc),'' ``391-3-
1-.02(2)(ddd),'' ``391-3-1-.02(2)(eee),'' ``391-3-1-.02(2)(hhh),''
``391-3-1-.02(2)(kkk),'' and ``391-3-1-.02(2)(rrr)'' and adding new
entries for ``391-3-1-.02(2)(vvv),'' ``391-3-1-.02(2)(yyy),'' ``391-3-
1-.02(2)(zzz),'' and ``391-3-1-.02(2)(aaaa)'' to read as follows:
Sec. 52.570 Identification of plan.
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(c) * * *
EPA Approved Georgia Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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391-3-1.01........................ Definitions.......... 3/7/2012 9/28/2012 [Insert citation of .....................................
publication].
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* * * * * * *
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Emission Standards
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391-3-1-.02(2)(a)................. General Provisions... 3/7/2012 9/28/2012 [Insert citation of Except for paragraph 391-3-1-
publication]. .02(2)(a)1 (as approved on 3/16/06).
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* * * * * * *
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391-3-1-.02(2)(t)................. VOC Emissions from 3/7/2012 9/28/2012 [Insert citation of .....................................
Automobile and Light publication].
Duty Truck
Manufacturing.
391-3-1-.02(2)(u)................. VOC Emissions from 9/16/1992 9/28/2012 [Insert citation of .....................................
Can Coating. publication].
391-3-1-.02(2)(v)................. VOC Emissions from 9/16/1992 9/28/2012 [Insert citation of .....................................
Coil Coating. publication].
391-3-1-.02(2)(w)................. VOC Emissions from 3/7/2012 9/28/2012 [Insert citation of .....................................
Paper Coating. publication].
[[Page 59557]]
391-3-1-.02(2)(x)................. VOC Emissions from 9/16/1992 9/28/2012 [Insert citation of .....................................
Fabric and Vinyl publication].
Coating.
391-3-1-.02(2)(y)................. VOC Emissions from 3/7/2012 9/28/2012 [Insert citation of .....................................
Metal Furniture publication].
Coating.
391-3-1-.02(2)(z)................. VOC Emissions from 3/7/2012 9/28/2012 [Insert citation of .....................................
Large Appliance publication].
Surface Coating.
391-3-1-.02(2)(aa)................ VOC Emissions from 9/16/1992 9/28/2012 [Insert citation of .....................................
Wire Coating. publication].
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* * * * * * *
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391-3-1-.02(2)(ii)................ VOC Emissions from 3/7/2012 9/28/2012 [Insert citation of .....................................
Surface Coating of publication].
Miscellaneous Metal
Parts and Products.
391-3-1-.02(2)(jj)................ VOC Emissions from 3/7/2012 9/28/2012 [Insert citation of .....................................
Surface Coating of publication].
Flat Wood Paneling.
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* * * * * * *
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391-3-1-.02(2)(mm)................ VOC Emissions from 3/7/2012 9/28/2012 [Insert citation of .....................................
Graphic Arts Systems. publication].
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* * * * * * *
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391-3-1-.02(2)(pp)................ Bulk Gasoline Plants. 6/8/2008 9/28/2012 [Insert citation of .....................................
publication].
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* * * * * * *
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391-3-1-.02(2)(rr)................ Gasoline Dispensing 6/8/2008 9/28/2012 [Insert citation of .....................................
Facilities--Stage I. publication].
391-3-1-.02(2)(ss)................ Gasoline Transport 6/8/2008 9/28/2012 [Insert citation of .....................................
Systems and Vapor publication].
Collection Systems.
391-3-1-.02(2)(tt)................ VOC Emissions from 6/8/2008 9/28/2012 [Insert citation of .....................................
Major Sources. publication].
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* * * * * * *
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391-3-1-.02(2)(vv)................ Volatile Organic 4/12/2009 9/28/2012 [Insert citation of .....................................
Liquid Handling and publication].
Storage.
391-3-1-.02(2)(yy)................ Emissions of Nitrogen 4/12/2009 9/28/2012 [Insert citation of .....................................
Oxides from Major publication].
Sources.
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* * * * * * *
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391-3-1-.02(2)(ccc)............... VOC Emissions from 4/12/2009 9/28/2012 [Insert citation of .....................................
Bulk Mixing Tanks. publication].
391-3-1-.02(2)(ddd)............... VOC Emissions from 3/7/2012 9/28/2012 [Insert citation of .....................................
Offset Lithography publication].
and Letterpress.
391-3-1-.02(2)(eee)............... VOC Emissions from 4/12/2009 9/28/2012 [Insert citation of .....................................
expanded Polystyrene publication].
Products
Manufacturing.
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* * * * * * *
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391-3-1-.02(2)(hhh)............... Wood Furniture 4/12/2009 9/28/2012 [Insert citation of .....................................
Finishing and publication].
Cleaning Operations.
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* * * * * * *
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391-3-1-.02(2)(kkk)............... VOC Emissions from 4/12/2009 9/28/2012 [Insert citation of .....................................
Aerospace publication].
Manufacturing and
Rework Facilities.
[[Page 59558]]
391-3-1-.02(2)(lll)............... NOX Emissions from 4/12/2009 9/28/2012 [Insert citation of .....................................
Fuel Burning publication].
Equipment.
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* * * * * * *
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391-3-1-.02(2)(rrr)............... NOX Emissions from 4/12/2009 9/28/2012 [Insert citation of .....................................
Small Fuel-Burning publication].
Equipment.
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* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
391-3-1-.02(2)(vvv)............... VOC Emissions from 3/7/2012 9/28/2012 [Insert citation of .....................................
Coating publication].
Miscellaneous
Plastic Parts and
Products.
391-3-1-.02(2)(yyy)............... VOC Emissions from 3/7/2012 9/28/2012 [Insert citation of .....................................
the use of publication].
Miscellaneous
Industrial Adhesives.
391-3-1-.02(2)(zzz)............... VOC Emissions from 3/7/2012 9/28/2012 [Insert citation of .....................................
Fiberglass Boat publication].
Manufacturing.
391-3-1-.02(2)(aaaa).............. Industrial Cleaning 3/7/2012 9/28/2012 [Insert citation of .....................................
Solvents. publication].
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* * * * * * *
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[FR Doc. 2012-23710 Filed 9-27-12; 8:45 am]
BILLING CODE 6560-50-P