Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County's Adoption of Control Techniques Guidelines for Four Industry Categories for Control of Volatile Organic Compound Emissions, 2991-2993 [2016-00656]
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2. Add § 165.T08–1121 to read as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 165.T08–1121 Safety Zone; Upper
Mississippi River between miles 109.9 and
185.5; and Illinois River between miles 0
and 128.9; MO and IL.
40 CFR Part 52
(a) Location. The following areas are
safety zones:
(1) All waters of the Upper
Mississippi River between miles 109.9
and 185.5, extending the entire width of
the river; and
(2) All waters of the Illinois River
between miles 0 and 128.9, extending
the entire width of the river.
(b) Definitions. Designated
representative means a Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, or other
officers operating a Coast Guard vessel
and a Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP) Upper Mississippi
River in the enforcement of the safety
zones.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zones described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM channel 16,
or through Coast Guard Sector Upper
Mississippi River at 314–269–2332.
Those in the safety zones must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement periods. This rule is
effective from 3:00 p.m. on December
28, 2015 through 11:59 p.m. on January
22, 2016, or until waters recede and
conditions allow for safe navigation,
whichever occurs first.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public through
broadcasts notice to mariners of the
enforcement period for the emergency
safety zones as well as any changes in
the dates and times of enforcement.
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■
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Allegheny County’s
Adoption of Control Techniques
Guidelines for Four Industry
Categories for Control of Volatile
Organic Compound Emissions
Dated: December 28, 2015.
R.S. Rhodes,
Commander, U.S. Coast Guard, Alternate
Captain of the Port Upper Mississippi River.
[FR Doc. 2016–01017 Filed 1–19–16; 8:45 am]
BILLING CODE 9110–04–P
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[EPA–R03–OAR–2014–0475; FRL–9941–36–
Region 3]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is converting a
conditional approval of a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania on behalf of the Allegheny
County Health Department (ACHD) to a
full approval. This SIP revision includes
amendments to the ACHD Rules and
Regulations, Article XXI, Air Pollution
Control, and meets the requirement to
adopt reasonably available control
technology (RACT) for sources covered
by EPA’s control techniques guidelines
(CTG) for the following categories:
miscellaneous metal and/or plastic parts
surface coating processes; automobile
and light-duty truck assembly coatings;
miscellaneous industrial adhesives; and
fiberglass boat manufacturing materials.
Upon review of the submittal, EPA
found that the average monomer volatile
organic compound (VOC) content limits
were referenced but not included in the
regulation for fiberglass boat
manufacturing materials. ACHD has
revised the regulation and submitted the
table of VOC content limits for fiberglass
boat manufacturing materials to EPA in
order to address specific RACT
requirements for Allegheny County.
Therefore, EPA is converting the
conditional approval of the revisions to
the Pennsylvania SIP to a full approval
in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This final rule is effective on
February 19, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2014–0475. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
SUMMARY:
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2991
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov
or may be viewed during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the state submittal are
available at the Allegheny County
Health Department, Bureau of
Environmental Quality, Division of Air
Quality, 301 39th Street, Pittsburgh,
Pennsylvania 15201 and at the
Pennsylvania Department of
Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400
Market Street, Harrisburg, Pennsylvania
17105.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 172(c)(1) of the CAA provides
that SIPs for nonattainment areas must
include reasonably available control
measures (RACM), including RACT, for
sources of emissions. Section
182(b)(2)(A) provides that for certain
nonattainment areas, states must revise
their SIP to include RACT for sources of
VOC emissions covered by a CTG
document issued after November 15,
1990 and prior to the area’s date of
attainment. In 2008, EPA developed
new CTGs for miscellaneous metal and
plastic parts coatings, automobile and
light-duty assembly coatings,
miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials.
II. Summary of SIP Revision
On November 15, 2013, the
Pennsylvania Department of
Environmental Protection (PADEP)
submitted to EPA on behalf of ACHD a
SIP revision concerning the adoption of
the EPA CTGs for miscellaneous metal
and/or plastic parts surface coating
processes, automobile and light-duty
truck assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat
manufacturing materials in Allegheny
County. These ACHD regulations, with
a state effective date of June 8, 2013, are
contained in the ACHD Rules and
Regulations, Article XXI, Air Pollution
Control sections 2105.83 (Control of
VOC Emissions from Miscellaneous
Metal and/or Plastic Parts Surface
Coating Processes), 2105.84 (Control of
VOC Emissions from Automobile and
Light-Duty Truck Assembly Coatings),
2105.85 (Control of VOC Emissions from
Miscellaneous Industrial Adhesives),
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and 2105.86 (Control of VOC Emissions
from Fiberglass Boat Manufacturing
Materials) in order to establish: (1)
Applicability for miscellaneous metal
and/or plastic parts surface coating
processes, automobile and light-duty
truck assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat
manufacturing materials; (2)
exemptions; (3) record-keeping and
work practice requirements; and (4)
emission limitations. Upon review of
the November 15, 2013 submittal, EPA
found that the table of average monomer
VOC content limits for fiberglass boat
manufacturing materials was referenced;
however, the table was erroneously not
included in the regulation. Pursuant to
section 110(k)(4) of the CAA, PADEP
submitted on behalf of ACHD a letter
dated July 16, 2014 committing to
submit a SIP revision to EPA addressing
this error.
On March 26, 2013 (78 FR 18241),
EPA conditionally approved the SIP
revision concerning the adoption of
these CTGs. On September 9, 2015,
PADEP submitted to EPA on behalf of
ACHD a supplemental SIP revision
containing the regulation with the
missing table of average monomer VOC
content limits, and thereby addressed its
July 16, 2014 commitment. On
November 10, 2015, EPA published a
notice of proposed rulemaking
converting the conditional approval to a
full approval. 80 FR 69627. Other
specific requirements and the rationale
for EPA’s proposed rulemaking action
are explained in the NPR and will not
be restated here. No public comments
were received on the NPR.
III. Final Action
In this rulemaking action, EPA is
converting to a full approval the
conditional approval of the
Commonwealth of Pennsylvania SIP
revision submitted on November 15,
2013, as supplemented with the
September 9, 2015 SIP submittal, which
consists of amendments to the ACHD
Rules and Regulations, Article XXI, Air
Pollution Control for adopting RACT for
sources covered by EPA’s CTG
standards for the following categories;
miscellaneous metal and/or plastic parts
surface coating processes, automobile
and light-duty truck assembly coatings,
miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials.
Pursuant to section 110(k)(4) of the
CAA, the conditional approval was
based upon a letter from PADEP on
behalf of ACHD dated July 16, 2014
committing to submit to EPA an
additional SIP revision to address the
deficiency in the regulation for
fiberglass boat manufacturing materials.
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On September 9, 2015, PADEP on behalf
of ACHD, submitted a supplemental SIP
revision containing the table of
monomer VOC content limits for
fiberglass boat manufacturing materials.
EPA has determined that ACHD has
satisfied this condition. Therefore, EPA
is removing the conditional nature of its
approval and replacing it with a full
approval of Allegheny County’s
adoption of CTGs for miscellaneous
metal and/or plastic parts surface
coating processes, automobile and lightduty truck assembly coatings,
miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials.
IV. Incorporation by Reference
In this rulemaking, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference the ACHD regulations
regarding control of VOC emissions
discussed in section II of this preamble.
EPA has made, and will continue to
make, these documents generally
available through www.regulations.gov
and/or may be viewed at the EPA
Region III office (see the ADDRESSES
section of this preamble for more
information).
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely conditionally approves state law
as meeting federal requirements and
does not impose additional
requirements beyond those imposed by
state law. For that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
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in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 21, 2016. 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
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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 pertaining to ACHD’s
adoption of CTG standards for
miscellaneous metal and/or plastic parts
surface coating processes, automobile
and light-duty truck assembly coatings,
miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials
may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2)).
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(c)(2) is amended by revising the entries
for ‘‘2105.83,’’ ‘‘2105.84,’’ ‘‘2105.85,’’
and ‘‘2105.86’’ under part E, subpart 7.
The revisions read as follows:
■
Dated: December 30, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
§ 52.2020
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
*
*
(c) * * *
(2) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
Article XX or
XXI citation
State effective
date
Title/subject
Additional explanation/
§ 52.2063 citation
EPA approval date
*
*
*
*
*
Part E—Source Emission and Operating Standards
*
*
*
*
*
*
*
Subpart 7—Miscellaneous VOC Sources
*
*
*
2105.83 ...........
2105.84 ...........
2105.85 ...........
2105.86 ...........
*
*
Control of VOC Emissions from Miscellaneous
Metal and/or Plastic Parts Surface Coating Processes.
Control of VOC Emissions from Automobile and
Light-Duty Truck Assembly Coatings.
Control of VOC Emissions from Miscellaneous Industrial Adhesives.
Control of VOC Emissions from Fiberglass Boat
Manufacturing Materials.
*
*
*
§ 52.2023
*
*
*
*
*
[Amended]
3. Section 52.2023 is amended by
removing paragraph (m).
■
[FR Doc. 2016–00656 Filed 1–19–16; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2014–0636; FRL–9940–83–
Region 9]
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Designation of Areas for Air Quality
Planning Purposes; California; San
Joaquin Valley; Reclassification as
Serious Nonattainment for the 2006
PM2.5 NAAQS
U.S. Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
reclassify the San Joaquin Valley (SJV)
SUMMARY:
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6/8/13
6/8/13
6/8/13
6/19/15
*
*
*
1/20/16 [Insert Federal
New regulation.
Register Citation].
1/20/16 [Insert Federal
Register Citation].
1/20/16 [Insert Federal
Register Citation].
1/20/16 [Insert Federal
Register Citation].
*
Moderate nonattainment area, including
areas of Indian country within it, as a
Serious nonattainment area for the 2006
PM2.5 national ambient air quality
standards (NAAQS), based on the EPA’s
determination that the area cannot
practicably attain these NAAQS by the
applicable attainment date of December
31, 2015. As a consequence of this
reclassification, California must submit,
no later than 18 months from the
effective date of this reclassification, a
Serious area attainment plan including
a demonstration that the plan provides
for attainment of the 2006 24-hour PM2.5
standards in the SJV area as
expeditiously as practicable and no later
than December 31, 2019. The State must
also submit, no later than 12 months
after the effective date of this
reclassification, nonattainment new
source review (NNSR) SIP revisions to
implement the 2006 PM2.5 NAAQS in
the SJV area, to the extent those
requirements have not previously been
met.
DATES: This rule is effective on February
19, 2016.
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*
New regulation.
New regulation.
New regulation.
*
*
The EPA has established
docket number EPA–R09–OAR–2014–
0636 for this action. Generally,
documents in the docket for this action
are available electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California 94105–3901.
While all documents in the docket are
listed at https://www.regulations.gov,
some information may be publicly
available only at the hard copy location
(e.g., copyrighted material, large maps,
multi-volume reports), and some may
not be publicly available in either
location (e.g., confidential business
information (CBI)). To inspect the
docket materials in person, please
schedule an appointment during normal
business hours with the contact listed in
the FOR FURTHER INFORMATION CONTACT
section.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Wienke Tax, Air Planning Office (AIR–
2), U.S. Environmental Protection
Agency, Region 9, (415) 947–4192,
tax.wienke@epa.gov.
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]]>Agencies
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Rules and Regulations]
[Pages 2991-2993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00656]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0475; FRL-9941-36-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County's Adoption of Control Techniques
Guidelines for Four Industry Categories for Control of Volatile Organic
Compound Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is converting a
conditional approval of a state implementation plan (SIP) revision
submitted by the Commonwealth of Pennsylvania on behalf of the
Allegheny County Health Department (ACHD) to a full approval. This SIP
revision includes amendments to the ACHD Rules and Regulations, Article
XXI, Air Pollution Control, and meets the requirement to adopt
reasonably available control technology (RACT) for sources covered by
EPA's control techniques guidelines (CTG) for the following categories:
miscellaneous metal and/or plastic parts surface coating processes;
automobile and light-duty truck assembly coatings; miscellaneous
industrial adhesives; and fiberglass boat manufacturing materials. Upon
review of the submittal, EPA found that the average monomer volatile
organic compound (VOC) content limits were referenced but not included
in the regulation for fiberglass boat manufacturing materials. ACHD has
revised the regulation and submitted the table of VOC content limits
for fiberglass boat manufacturing materials to EPA in order to address
specific RACT requirements for Allegheny County. Therefore, EPA is
converting the conditional approval of the revisions to the
Pennsylvania SIP to a full approval in accordance with the requirements
of the Clean Air Act (CAA).
DATES: This final rule is effective on February 19, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0475. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through www.regulations.gov or may be viewed during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the state submittal are available at the
Allegheny County Health Department, Bureau of Environmental Quality,
Division of Air Quality, 301 39th Street, Pittsburgh, Pennsylvania
15201 and at the Pennsylvania Department of Environmental Protection,
Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 172(c)(1) of the CAA provides that SIPs for nonattainment
areas must include reasonably available control measures (RACM),
including RACT, for sources of emissions. Section 182(b)(2)(A) provides
that for certain nonattainment areas, states must revise their SIP to
include RACT for sources of VOC emissions covered by a CTG document
issued after November 15, 1990 and prior to the area's date of
attainment. In 2008, EPA developed new CTGs for miscellaneous metal and
plastic parts coatings, automobile and light-duty assembly coatings,
miscellaneous industrial adhesives, and fiberglass boat manufacturing
materials.
II. Summary of SIP Revision
On November 15, 2013, the Pennsylvania Department of Environmental
Protection (PADEP) submitted to EPA on behalf of ACHD a SIP revision
concerning the adoption of the EPA CTGs for miscellaneous metal and/or
plastic parts surface coating processes, automobile and light-duty
truck assembly coatings, miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials in Allegheny County. These ACHD
regulations, with a state effective date of June 8, 2013, are contained
in the ACHD Rules and Regulations, Article XXI, Air Pollution Control
sections 2105.83 (Control of VOC Emissions from Miscellaneous Metal
and/or Plastic Parts Surface Coating Processes), 2105.84 (Control of
VOC Emissions from Automobile and Light-Duty Truck Assembly Coatings),
2105.85 (Control of VOC Emissions from Miscellaneous Industrial
Adhesives),
[[Page 2992]]
and 2105.86 (Control of VOC Emissions from Fiberglass Boat
Manufacturing Materials) in order to establish: (1) Applicability for
miscellaneous metal and/or plastic parts surface coating processes,
automobile and light-duty truck assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat manufacturing materials; (2)
exemptions; (3) record-keeping and work practice requirements; and (4)
emission limitations. Upon review of the November 15, 2013 submittal,
EPA found that the table of average monomer VOC content limits for
fiberglass boat manufacturing materials was referenced; however, the
table was erroneously not included in the regulation. Pursuant to
section 110(k)(4) of the CAA, PADEP submitted on behalf of ACHD a
letter dated July 16, 2014 committing to submit a SIP revision to EPA
addressing this error.
On March 26, 2013 (78 FR 18241), EPA conditionally approved the SIP
revision concerning the adoption of these CTGs. On September 9, 2015,
PADEP submitted to EPA on behalf of ACHD a supplemental SIP revision
containing the regulation with the missing table of average monomer VOC
content limits, and thereby addressed its July 16, 2014 commitment. On
November 10, 2015, EPA published a notice of proposed rulemaking
converting the conditional approval to a full approval. 80 FR 69627.
Other specific requirements and the rationale for EPA's proposed
rulemaking action are explained in the NPR and will not be restated
here. No public comments were received on the NPR.
III. Final Action
In this rulemaking action, EPA is converting to a full approval the
conditional approval of the Commonwealth of Pennsylvania SIP revision
submitted on November 15, 2013, as supplemented with the September 9,
2015 SIP submittal, which consists of amendments to the ACHD Rules and
Regulations, Article XXI, Air Pollution Control for adopting RACT for
sources covered by EPA's CTG standards for the following categories;
miscellaneous metal and/or plastic parts surface coating processes,
automobile and light-duty truck assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat manufacturing materials.
Pursuant to section 110(k)(4) of the CAA, the conditional approval was
based upon a letter from PADEP on behalf of ACHD dated July 16, 2014
committing to submit to EPA an additional SIP revision to address the
deficiency in the regulation for fiberglass boat manufacturing
materials. On September 9, 2015, PADEP on behalf of ACHD, submitted a
supplemental SIP revision containing the table of monomer VOC content
limits for fiberglass boat manufacturing materials. EPA has determined
that ACHD has satisfied this condition. Therefore, EPA is removing the
conditional nature of its approval and replacing it with a full
approval of Allegheny County's adoption of CTGs for miscellaneous metal
and/or plastic parts surface coating processes, automobile and light-
duty truck assembly coatings, miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials.
IV. Incorporation by Reference
In this rulemaking, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference the ACHD
regulations regarding control of VOC emissions discussed in section II
of this preamble. EPA has made, and will continue to make, these
documents generally available through www.regulations.gov and/or may be
viewed at the EPA Region III office (see the ADDRESSES section of this
preamble for more information).
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely conditionally approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 21, 2016. 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
[[Page 2993]]
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 pertaining to ACHD's adoption of CTG standards for
miscellaneous metal and/or plastic parts surface coating processes,
automobile and light-duty truck assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat manufacturing materials may
not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: December 30, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 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 NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (c)(2) is amended by
revising the entries for ``2105.83,'' ``2105.84,'' ``2105.85,'' and
``2105.86'' under part E, subpart 7. The revisions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
Additional
Article XX or XXI citation Title/subject State EPA approval date explanation/Sec.
effective date 52.2063 citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part E--Source Emission and Operating Standards
* * * * * * *
Subpart 7--Miscellaneous VOC Sources
* * * * * * *
2105.83.......................... Control of VOC 6/8/13 1/20/16 [Insert New regulation.
Emissions from Federal Register
Miscellaneous Citation].
Metal and/or
Plastic Parts
Surface Coating
Processes.
2105.84.......................... Control of VOC 6/8/13 1/20/16 [Insert New regulation.
Emissions from Federal Register
Automobile and Citation].
Light-Duty Truck
Assembly Coatings.
2105.85.......................... Control of VOC 6/8/13 1/20/16 [Insert New regulation.
Emissions from Federal Register
Miscellaneous Citation].
Industrial
Adhesives.
2105.86.......................... Control of VOC 6/19/15 1/20/16 [Insert New regulation.
Emissions from Federal Register
Fiberglass Boat Citation].
Manufacturing
Materials.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 52.2023 [Amended]
0
3. Section 52.2023 is amended by removing paragraph (m).
[FR Doc. 2016-00656 Filed 1-19-16; 8:45 am]
BILLING CODE 6560-50-P
