Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Control of Volatile Organic Compounds From Adhesives and Sealants, 43628-43631 [2015-17852]
Download as PDF
<![CDATA[
43628
Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations
This action approving the 2011 CO
emissions inventories for the DC Area
for the 2008 ozone NAAQS 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, Carbon monoxide,
Incorporation by reference, Nitrogen
oxides, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Subpart VV—Virginia
4. In § 52.2425, paragraph (g) is
revised to read as follows:
■
§ 52.2425
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart J—District of Columbia
2. In § 52.474, paragraph (f) is revised
to read as follows:
■
Base Year Emissions Inventory.
*
*
*
*
*
(f) EPA approves as a revision to the
District of Columbia State
Implementation Plan the 2011 base year
emissions inventory for the District of
Columbia portion of the Washington,
DC-MD-VA 2008 8-hour ozone
nonattainment area submitted by the
District Department of the Environment
on July 17, 2014. The 2011 base year
emissions inventory includes emissions
estimates that cover the general source
categories of point sources, non-road
mobile sources, area sources, on-road
mobile sources, and biogenic sources.
The pollutants that comprise the
inventory are carbon monoxide (CO),
nitrogen oxides (NOX) and volatile
organic compounds (VOC).
3. In § 52.1075, paragraph (o) is
revised to read as follows:
■
Base year emissions inventory.
rmajette on DSK7SPTVN1PROD with RULES
*
*
*
*
*
(o) EPA approves as a revision to the
Maryland State Implementation Plan the
2011 base year emissions inventory for
the Maryland portion of the
Washington, DC-MD-VA 2008 8-hour
ozone nonattainment area submitted by
the Maryland Department of
Environment on August 4, 2014. The
2011 base year emissions inventory
VerDate Sep<11>2014
13:16 Jul 22, 2015
*
*
*
*
(g) EPA approves as a revision to the
Virginia State Implementation Plan the
2011 base year emissions inventory for
the Virginia portion of the Washington,
DC-MD-VA 2008 8-hour ozone
nonattainment area submitted by the
Virginia Department of Environmental
Quality on July 17, 2014. The 2011 base
year emissions inventory includes
emissions estimates that cover the
general source categories of point
sources, non-road mobile sources, area
sources, on-road mobile sources, and
biogenic sources. The pollutants that
comprise the inventory are carbon
monoxide (CO), nitrogen oxides (NOX)
and volatile organic compounds (VOC).
[FR Doc. 2015–17974 Filed 7–22–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2010–0460; A–1–FRL–
9930–94–Region 1]
Approval and Promulgation of Air
Quality Implementation Plans; Rhode
Island; Control of Volatile Organic
Compounds From Adhesives and
Sealants
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Rhode Island.
This revision includes a regulation
adopted by Rhode Island that
establishes and requires Reasonably
Available Control Technology (RACT)
for volatile organic compound (VOC)
sources of emissions from
miscellaneous adhesives and sealants.
The intended effect of this action is to
approve these requirements into the
Rhode Island SIP. This action is being
taken in accordance with the Clean Air
Act.
SUMMARY:
Subpart V—Maryland
§ 52.1075
Base Year Emissions Inventory.
*
Dated: July 10, 2015.
William C. Early,
Acting Regional Administrator, Region III.
§ 52.474
includes emissions estimates that cover
the general source categories of point
sources, non-road mobile sources, area
sources, on-road mobile sources, and
biogenic sources. The pollutants that
comprise the inventory are carbon
monoxide (CO), nitrogen oxides (NOX)
and volatile organic compounds (VOC).
Jkt 235001
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
This direct final rule will be
effective September 21, 2015, unless
EPA receives adverse comments by
August 24, 2015. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2010–0460 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: Docket Identification Number
EPA–R01–OAR–2010–0460, Anne
Arnold, U.S. Environmental Protection
Agency, EPA New England Regional
Office, Office of Ecosystem Protection,
Air Quality Planning Unit, 5 Post Office
Square—Suite 100, (Mail code OEP05–
2), Boston, MA 02109–3912.
5. Hand Delivery or Courier. Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912.
Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
Instructions: Direct your comments to
Docket ID No EPA–R01–OAR–2010–
0460. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
DATES:
E:\FR\FM\23JYR1.SGM
23JYR1
rmajette on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, 5 Post Office Square—Suite
100, Boston, MA. EPA requests that if at
all possible, you contact the contact
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 a.m. to 4:30 p.m.,
excluding legal holidays.
In addition, copies of the state
submittal are also available for public
inspection during normal business
hours, by appointment at the State Air
Agency; Office of Air Resources,
Department of Environmental
Management, 235 Promenade Street,
Providence, RI 02908–5767.
FOR FURTHER INFORMATION CONTACT:
David Mackintosh, Air Quality Unit,
U.S. Environmental Protection Agency,
EPA New England Regional Office, 5
Post Office Square—Suite 100, (Mail
code OEP05–2), Boston, MA 02109–
3912, telephone number (617) 918–
1584, fax number (617) 918–0584, email
mackintosh.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background
II. Rhode Island’s SIP Revision
III. EPA’s Evaluation of Rhode Island’s SIP
Revision
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
VerDate Sep<11>2014
13:16 Jul 22, 2015
Jkt 235001
I. Background
In 1997, EPA revised the health-based
National Ambient Air Quality Standard
(NAAQS) for ozone, setting it at 0.08
parts per million (ppm) averaged over
an 8-hour time frame. EPA set the 8hour ozone standard based on scientific
evidence demonstrating that ozone
causes adverse health effects at lower
ozone concentrations and over longer
periods of time than was understood
when the pre-existing 1-hour ozone
standard was set. EPA determined that
the 8-hour standard would be more
protective of human health, especially
with regard to children and adults who
are active outdoors, and individuals
with a pre-existing respiratory disease,
such as asthma. On April 30, 2004,
pursuant to the Federal Clean Air Act
(the Act, or CAA), 42 U.S.C. 7401 et
seq., EPA designated portions of the
country as being in nonattainment of the
1997 8-hour ozone NAAQS (69 FR
23858). The entire State of Rhode Island
was designated as nonattainment for
ozone and classified as moderate. The
entire State of Rhode Island is also part
of the Ozone Transport Region (OTR)
under Section 184(a) of the CAA.
Sections 182(b)(2) and 184 of the CAA
compel states with moderate and above
ozone nonattainment areas, as well as
areas in the OTR respectively, to submit
a revision to their applicable State
Implementation Plan (SIP) to include
provisions to require the
implementation of reasonable available
control technology (RACT) for sources
covered by a Control Techniques
Guideline (CTG) and for all major
sources. A CTG is a document issued by
EPA which establishes a ‘‘presumptive
norm’’ for RACT for a specific VOC
source category.
EPA has determined that States which
have RACT provisions approved in their
SIPs for the 1-hour ozone standard have
several options for fulfilling the RACT
requirements for the 8-hour ozone
NAAQS. If a State meets certain
conditions, it may certify that
previously adopted 1-hour ozone RACT
controls in the SIP continue to represent
RACT control levels for purposes of
fulfilling 8-hour ozone RACT
requirements. Alternatively, a State may
establish new or more stringent
requirements that represent RACT
control levels, either in lieu of, or in
conjunction with, a certification. In
addition, a State may submit a negative
declaration if there are no CTG sources
or major sources of VOC and NOx
emissions in lieu of, or in addition to,
a certification. See Final Rule to
Implement the 8-Hour Ozone National
Ambient Air Quality Standard—Phase 2
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
43629
(the Phase 2 Rule) (70 FR 71612;
November 29, 2005).
As noted in the EPA’s Phase 2 ozone
implementation rule, the RACT
submittal for the 1997 8-hour ozone
standard was due from Rhode Island on
September 16, 2006. (See 40 CFR
51.916(b)(2).) On March 24, 2008 (73 FR
15416), EPA issued a finding of failure
to submit to Rhode Island for the 1997
8-hour ozone RACT requirement. This
finding started an 18-month sanctions
clock, as well as a 24 month Federal
Implementation Plan (FIP) clock. On
April 30, 2008, the RI DEM submitted a
SIP revision which included an
attainment demonstration, a RACT
demonstration, and a reasonable further
progress plan for the 8-hour ozone
NAAQS. EPA determined the SIP
revision complete on May 30, 2008,
stopping the 18-month sanctions clock.
II. Rhode Island’s SIP Revision
On October 27, 2009, the Rhode
Island Department of Environmental
Management (DEM) submitted a SIP
revision to EPA. This SIP revision
included Rhode Island’s new Air
Pollution Control (APC) Regulation No.
44, ‘‘Control of Volatile Organic
Compounds from Adhesives and
Sealants.’’ Then, on March 25, 2015,
Rhode Island DEM submitted a SIP
revision containing a minor revision to
APC Regulation No. 44 to address a
typographical error in the regulation.
III. EPA’s Evaluation of Rhode Island’s
SIP Revision
Rhode Island’s APC Regulation No.
44, ‘‘Control of Volatile Organic
Compounds from Adhesives and
Sealants,’’ is based on the OTC Model
Rule for Adhesives and Sealants. APC
Regulation No. 44 includes all of the
approaches to controlling VOC
emissions found in EPA’s CTG for
Miscellaneous Industrial Adhesives
(EPA 453/R–08–005, September 2008):
VOC content limits for adhesives and
cleaning solvents; work practices;
record keeping; air pollution control
equipment requirements; surface
preparation requirements; and spray
gun cleaning requirements. Rhode
Island’s rule is also more
comprehensive than the CTG, since it
establishes VOC content limits for
sealants and sealant primers (in
addition to adhesives as covered by the
CTG), regulates sellers and
manufacturers, not just appliers, of
regulated adhesives, adhesive primers
and sealants, and contains a VOC
composite vapor pressure limit for
cleaning materials. The exemptions of
APC Regulation No. 44 are similar to
those recommended in the CTG. While
E:\FR\FM\23JYR1.SGM
23JYR1
43630
Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations
there are minor differences in the
named adhesive categories (and
emission limits) included in the CTG
and APC Regulation No. 44, those
differences are inconsequential
compared to the broader applicability of
APC Regulation No. 44 noted above.
The March 25, 2015, SIP revision
corrects the header on page 1 to identify
the regulation as ‘‘No. 44’’ and not ‘‘No.
33.’’
rmajette on DSK7SPTVN1PROD with RULES
IV. Final Action
EPA is approving, and incorporating
into the Rhode Island SIP, Rhode
Island’s APC Regulation No. 44,
‘‘Control of Volatile Organic
Compounds from Adhesives and
Sealants.’’
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective
September 21, 2015 without further
notice unless the Agency receives
relevant adverse comments by August
24, 2015.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on September 21, 2015 and no further
action will be taken on the proposed
rule. Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
V. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the [State
Agency Regulations] described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
VerDate Sep<11>2014
13:16 Jul 22, 2015
Jkt 235001
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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 Clean Air Act.
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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 Clean Air Act;
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).
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
In addition, the SIP is not approved to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 21,
2015. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of this Federal Register, rather
than file an immediate petition for
judicial review of this direct final rule,
so that EPA can withdraw this direct
final rule and address the comment in
the proposed rulemaking. 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,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
E:\FR\FM\23JYR1.SGM
23JYR1
43631
Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations
Dated: June 18, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
■
1. The authority citation for part 52
continues to read as follows:
Regulations, is amended by adding an
entry in numerical order for Air
Pollution Control Regulation 44 to read
as follows:
§ 52.2070
*
Authority: 42 U.S.C. 7401 et seq.
Subpart OO—Rhode Island
Identification of plan.
*
*
(c) * * *
*
*
2. In § 52.2070, the table in paragraph
(c), EPA-Approved Rhode Island
■
EPA-APPROVED RHODE ISLAND REGULATIONS
State citation
*
*
Air Pollution Control Regulation
44.
*
*
*
*
*
Control of Volatile Organic Compounds from Adhesives and
Sealants.
*
*
*
*
*
[FR Doc. 2015–17852 Filed 7–22–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 535
Medium- and Heavy-Duty Vehicle Fuel
Efficiency Program
CFR Correction
In Title 49 of the Code of Federal
Regulations, Parts 400 to 571, revised as
of October 1, 2014, on page 146, § 535.9
is reinstated to read as follows:
rmajette on DSK7SPTVN1PROD with RULES
§ 535.9
Enforcement approach.
(a) Compliance. (1) NHTSA will
assess compliance with fuel
consumption standards each year, based
upon EPA final verified data submitted
to NHTSA for its heavy-duty vehicle
fuel efficiency program established
pursuant to 49 U.S.C. 32902(k). NHTSA
may conduct verification testing
throughout a given model year in order
to validate data received from
manufacturers and will discuss any
potential issues with EPA and the
manufacturer.
(2) Credit values in gallons are
calculated based on the final CO2
emissions and fuel consumption data
submitted by manufacturers and
verified/validated by EPA.
(3) NHTSA will verify a
manufacturer’s credit balance in each
averaging set for each given model year.
VerDate Sep<11>2014
State effective
date
Title/subject
13:16 Jul 22, 2015
Jkt 235001
EPA approval
date
*
06/04/2009
*
*
The average set balance is based upon
the engines or vehicles performance
above or below the applicable regulatory
subcategory standards in each
respective averaging set and any credits
that are traded into or out of an
averaging set during the model year.
(i) If the balance is positive, the
manufacturer is designated as having a
credit surplus.
(ii) If the balance is negative, the
manufacturer is designated as having a
credit deficit.
(4) NHTSA will provide written
notification to the manufacturer that has
a negative balance for any averaging set
for each model year. The manufacturer
will be required to confirm the negative
balance and submit a plan indicating
how it will allocate existing credits or
earn, and/or acquire by trade credits, or
else be liable for a civil penalty as
determined in paragraph (b) of this
section. The manufacturer must submit
a plan within 60 days of receiving
agency notification.
(5) Credit shortfall within an
averaging set may be carried forward
only three years, and if not offset by
earned or traded credits, the
manufacturer may be liable for a civil
penalty as described in paragraph (b) of
this section.
(6) Credit allocation plans received
from a manufacturer will be reviewed
and approved by NHTSA. NHTSA will
approve a credit allocation plan unless
it determines that the proposed credits
are unavailable or that it is unlikely that
the plan will result in the manufacturer
earning sufficient credits to offset the
subject credit shortfall. If a plan is
approved, NHTSA will revise the
PO 00000
Frm 00017
Fmt 4700
*
07/23/2015
[Insert Federal Register
citation]
Sfmt 4700
*
Explanations
*
*
respective manufacturer’s credit account
accordingly by identifying which
existing or traded credits are being used
to address the credit shortfall, or by
identifying the manufacturer’s plan to
earn future credits for addressing the
respective credit shortfall. If a plan is
rejected, NHTSA will notify the
respective manufacturer and request a
revised plan. The manufacturer must
submit a revised plan within 14 days of
receiving agency notification. The
agency will provide a manufacturer one
opportunity to submit a revised credit
allocation plan before it initiates civil
penalty proceedings.
(7) For purposes of this regulation,
NHTSA will treat the use of future
credits for compliance, as through a
credit allocation plan, as a deferral of
civil penalties for non-compliance with
an applicable fuel consumption
standard.
(8) If NHTSA receives and approves a
manufacturer’s credit allocation plan to
earn future credits within the following
three model years in order to comply
with regulatory obligations, NHTSA will
defer levying civil penalties for noncompliance until the date(s) when the
manufacturer’s approved plan indicates
that credits will be earned or acquired
to achieve compliance, and upon
receiving confirmed CO2 emissions and
fuel consumption data from EPA. If the
manufacturer fails to acquire or earn
sufficient credits by the plan dates,
NHTSA will initiate civil penalty
proceedings.
(9) In the event that NHTSA fails to
receive or is unable to approve a plan
for a non-compliant manufacturer due
to insufficiency or untimeliness,
E:\FR\FM\23JYR1.SGM
23JYR1
]]>Agencies
[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Rules and Regulations]
[Pages 43628-43631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17852]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0460; A-1-FRL-9930-94-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Control of Volatile Organic Compounds From Adhesives and
Sealants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Rhode
Island. This revision includes a regulation adopted by Rhode Island
that establishes and requires Reasonably Available Control Technology
(RACT) for volatile organic compound (VOC) sources of emissions from
miscellaneous adhesives and sealants. The intended effect of this
action is to approve these requirements into the Rhode Island SIP. This
action is being taken in accordance with the Clean Air Act.
DATES: This direct final rule will be effective September 21, 2015,
unless EPA receives adverse comments by August 24, 2015. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2010-0460 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918-0047.
4. Mail: Docket Identification Number EPA-R01-OAR-2010-0460, Anne
Arnold, U.S. Environmental Protection Agency, EPA New England Regional
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912.
5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912. Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays.
Instructions: Direct your comments to Docket ID No EPA-R01-OAR-
2010-0460. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA
[[Page 43629]]
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, 5 Post Office Square--
Suite 100, Boston, MA. EPA requests that if at all possible, you
contact the contact 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 a.m. to 4:30 p.m.,
excluding legal holidays.
In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; Office of Air Resources, Department of Environmental
Management, 235 Promenade Street, Providence, RI 02908-5767.
FOR FURTHER INFORMATION CONTACT: David Mackintosh, Air Quality Unit,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number (617) 918-1584, fax number (617) 918-0584, email
mackintosh.david@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background
II. Rhode Island's SIP Revision
III. EPA's Evaluation of Rhode Island's SIP Revision
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
In 1997, EPA revised the health-based National Ambient Air Quality
Standard (NAAQS) for ozone, setting it at 0.08 parts per million (ppm)
averaged over an 8-hour time frame. EPA set the 8-hour ozone standard
based on scientific evidence demonstrating that ozone causes adverse
health effects at lower ozone concentrations and over longer periods of
time than was understood when the pre-existing 1-hour ozone standard
was set. EPA determined that the 8-hour standard would be more
protective of human health, especially with regard to children and
adults who are active outdoors, and individuals with a pre-existing
respiratory disease, such as asthma. On April 30, 2004, pursuant to the
Federal Clean Air Act (the Act, or CAA), 42 U.S.C. 7401 et seq., EPA
designated portions of the country as being in nonattainment of the
1997 8-hour ozone NAAQS (69 FR 23858). The entire State of Rhode Island
was designated as nonattainment for ozone and classified as moderate.
The entire State of Rhode Island is also part of the Ozone Transport
Region (OTR) under Section 184(a) of the CAA. Sections 182(b)(2) and
184 of the CAA compel states with moderate and above ozone
nonattainment areas, as well as areas in the OTR respectively, to
submit a revision to their applicable State Implementation Plan (SIP)
to include provisions to require the implementation of reasonable
available control technology (RACT) for sources covered by a Control
Techniques Guideline (CTG) and for all major sources. A CTG is a
document issued by EPA which establishes a ``presumptive norm'' for
RACT for a specific VOC source category.
EPA has determined that States which have RACT provisions approved
in their SIPs for the 1-hour ozone standard have several options for
fulfilling the RACT requirements for the 8-hour ozone NAAQS. If a State
meets certain conditions, it may certify that previously adopted 1-hour
ozone RACT controls in the SIP continue to represent RACT control
levels for purposes of fulfilling 8-hour ozone RACT requirements.
Alternatively, a State may establish new or more stringent requirements
that represent RACT control levels, either in lieu of, or in
conjunction with, a certification. In addition, a State may submit a
negative declaration if there are no CTG sources or major sources of
VOC and NOx emissions in lieu of, or in addition to, a certification.
See Final Rule to Implement the 8-Hour Ozone National Ambient Air
Quality Standard--Phase 2 (the Phase 2 Rule) (70 FR 71612; November 29,
2005).
As noted in the EPA's Phase 2 ozone implementation rule, the RACT
submittal for the 1997 8-hour ozone standard was due from Rhode Island
on September 16, 2006. (See 40 CFR 51.916(b)(2).) On March 24, 2008 (73
FR 15416), EPA issued a finding of failure to submit to Rhode Island
for the 1997 8-hour ozone RACT requirement. This finding started an 18-
month sanctions clock, as well as a 24 month Federal Implementation
Plan (FIP) clock. On April 30, 2008, the RI DEM submitted a SIP
revision which included an attainment demonstration, a RACT
demonstration, and a reasonable further progress plan for the 8-hour
ozone NAAQS. EPA determined the SIP revision complete on May 30, 2008,
stopping the 18-month sanctions clock.
II. Rhode Island's SIP Revision
On October 27, 2009, the Rhode Island Department of Environmental
Management (DEM) submitted a SIP revision to EPA. This SIP revision
included Rhode Island's new Air Pollution Control (APC) Regulation No.
44, ``Control of Volatile Organic Compounds from Adhesives and
Sealants.'' Then, on March 25, 2015, Rhode Island DEM submitted a SIP
revision containing a minor revision to APC Regulation No. 44 to
address a typographical error in the regulation.
III. EPA's Evaluation of Rhode Island's SIP Revision
Rhode Island's APC Regulation No. 44, ``Control of Volatile Organic
Compounds from Adhesives and Sealants,'' is based on the OTC Model Rule
for Adhesives and Sealants. APC Regulation No. 44 includes all of the
approaches to controlling VOC emissions found in EPA's CTG for
Miscellaneous Industrial Adhesives (EPA 453/R-08-005, September 2008):
VOC content limits for adhesives and cleaning solvents; work practices;
record keeping; air pollution control equipment requirements; surface
preparation requirements; and spray gun cleaning requirements. Rhode
Island's rule is also more comprehensive than the CTG, since it
establishes VOC content limits for sealants and sealant primers (in
addition to adhesives as covered by the CTG), regulates sellers and
manufacturers, not just appliers, of regulated adhesives, adhesive
primers and sealants, and contains a VOC composite vapor pressure limit
for cleaning materials. The exemptions of APC Regulation No. 44 are
similar to those recommended in the CTG. While
[[Page 43630]]
there are minor differences in the named adhesive categories (and
emission limits) included in the CTG and APC Regulation No. 44, those
differences are inconsequential compared to the broader applicability
of APC Regulation No. 44 noted above.
The March 25, 2015, SIP revision corrects the header on page 1 to
identify the regulation as ``No. 44'' and not ``No. 33.''
IV. Final Action
EPA is approving, and incorporating into the Rhode Island SIP,
Rhode Island's APC Regulation No. 44, ``Control of Volatile Organic
Compounds from Adhesives and Sealants.''
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
September 21, 2015 without further notice unless the Agency receives
relevant adverse comments by August 24, 2015.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on September 21, 2015 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
V. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
[State Agency Regulations] described in the amendments to 40 CFR part
52 set forth below. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 Clean Air Act; 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, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 21, 2015. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
[[Page 43631]]
Dated: June 18, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart OO--Rhode Island
0
2. In Sec. 52.2070, the table in paragraph (c), EPA-Approved Rhode
Island Regulations, is amended by adding an entry in numerical order
for Air Pollution Control Regulation 44 to read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Rhode Island Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Air Pollution Control Regulation 44............. Control of Volatile Organic 06/04/2009 07/23/2015
Compounds from Adhesives and [Insert Federal Register
Sealants. citation]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-17852 Filed 7-22-15; 8:45 am]
BILLING CODE 6560-50-P
