Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Control of Volatile Organic Compound Emissions From Fiberglass Boat Manufacturing Materials, 54742-54744 [2016-19540]
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54742
Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations
The Coast Guard will inform the users
of the waterways through our Local
Notice and Broadcast to Mariners of the
change in operating schedule for the
bridge so that vessel operations can
arrange their transits to minimize any
impact caused by the temporary
deviation. The Coast Guard notified
various companies of the commercial oil
and barge vessels and they have no
objections to the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: August 11, 2016.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2016–19535 Filed 8–16–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0189; FRL–9950–69–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Control of Volatile
Organic Compound Emissions From
Fiberglass Boat Manufacturing
Materials
I. Background
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Pennsylvania state implementation
plan (SIP) submitted by the
Commonwealth of Pennsylvania. This
SIP revision pertains to Pennsylvania’s
regulation for fiberglass boat
manufacturing materials found in
section 129.74 of the Pennsylvania
Code. This regulation meets the
SUMMARY:
requirement to adopt reasonably
available control technology (RACT) for
sources covered by EPA’s control
techniques guidelines (CTG) standards
for fiberglass boat manufacturing
materials. EPA is, therefore, approving
this revision to the Pennsylvania SIP in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
September 16, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2016–0189. All
documents in the docket are listed on
the https://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 https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
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 SIPs to include RACT for sources
of volatile organic compound (VOC)
emissions covered by a CTG document
issued after November 15, 1990 and
prior to the area’s date of attainment.
Furthermore, pursuant to section
184(b)(1)(B) of the CAA, all areas in the
Ozone Transport Region (OTR), such as
Pennsylvania, must submit SIP
revisions that include implementation
of RACT with respect to all sources of
VOCs in the states covered by a CTG.
EPA defines RACT as ‘‘the lowest
emission limitation that a particular
source is capable of meeting by the
application of control technology that is
reasonably available considering
technological and economic feasibility.’’
44 FR 53761 (September 17, 1979).
CTGs are intended to provide state
and local air pollution control
authorities information that should
assist them in determining RACT for
VOCs from various sources. The CTG for
fiberglass boat manufacturing materials
(Publication No. EPA 453/R–08–004;
September 2008) provides control
recommendations for reducing VOC
emissions from the use of gel coats,
resins, and materials used to clean
application equipment in fiberglass boat
manufacturing operations. This CTG
applies to facilities that manufacture
hulls or decks of boats from fiberglass,
or build molds to make fiberglass boat
hulls or decks. EPA’s 2008 CTG
recommends that the following
operations should be covered: Open
molding resin and gel coat operations
(these include pigmented gel coat, clear
gel coat, production resin, tooling gel
coat, and tooling resin); resin and gel
coat mixing operations; and resin and
gel coat application equipment cleaning
operations.
EPA’s 2008 CTG recommends the
following VOC reduction measures:
VOC emission limits for molding resins
and gel coats; work practices for resin
and gel coat mixing containers; and
VOC content and vapor pressure limits
for cleaning materials. Recommended
VOC emission limits for open molding
resin and gel coat operations are shown
in Table 1. A more detailed explanation
for determining the VOC emission limits
for molding resin and gel coats can be
found in the Technical Support
Document (TSD) for this rulemaking
under Docket ID Number EPA–R03–
OAR–2016–0189 and available online at
https://www.regulations.gov.
TABLE 1—MONOMER VOC CONTENT LIMITATIONS FOR OPEN MOLDING RESIN AND GEL COAT OPERATIONS
Individual monomer
VOC content or weight
average monomer VOC
content limit
(weight percent)
mstockstill on DSK3G9T082PROD with RULES
Materials
Application method
Production Resin ................................................................
Production Resin ................................................................
Pigmented Gel Coat ...........................................................
Clear Gel Coat ....................................................................
Tooling Resin ......................................................................
Tooling Resin ......................................................................
Tooling Gel Coat ................................................................
Atomized (spray) ................................................................
Nonatomized ......................................................................
Any Method ........................................................................
Any Method ........................................................................
Atomized .............................................................................
Nonatomized ......................................................................
Any Method ........................................................................
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35
33
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Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations
II. Summary of SIP Revision
On March 2, 2016, the Pennsylvania
Department of Environmental Protection
(PADEP) submitted to EPA a SIP
revision concerning implementation of
RACT requirements for the control of
VOC emissions from fiberglass boat
manufacturing materials. Pennsylvania
is adopting EPA’s CTG standards for
fiberglass boat manufacturing materials,
including the emission limits found in
Table 1. The regulation is contained in
25 Pa. Code Chapter 129 (relating to
standards for sources), and this SIP
revision seeks to add 25 Pa. Code
section 129.74 (control of VOC
emissions from fiberglass boat
manufacturing materials) to the
Pennsylvania SIP. EPA finds the
provisions in 25 Pa. Code section 129.74
identical to the CTG standards for
fiberglass boat manufacturing materials
and is therefore approvable in
accordance with sections 172(c)(1),
182(b)(2)(A), and 184(b)(1)(B) of the
CAA.
On May 20, 2016 (81 FR 31885), EPA
published a notice of proposed
rulemaking (NPR) proposing to approve
Pennsylvania’s March 2, 2016 SIP
revision. Other specific requirements
and the rationale for EPA’s approval
action are explained in the NPR and
TSD under Docket ID Number EPA–
R03–OAR–2016–0189 and will not be
restated here. No public comments were
received on the NPR.
mstockstill on DSK3G9T082PROD with RULES
III. Final Action
EPA is approving the March 2, 2016
Pennsylvania SIP revision concerning
the addition of 25 Pa. Code section
129.74 to the Pennsylvania SIP because
section 129.74 meets the requirement to
adopt RACT for sources covered by
EPA’s CTG standards for fiberglass boat
manufacturing materials.
IV. Incorporation by Reference
In this rulemaking action, 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 of the Pennsylvania rule
discussed in section II of this preamble.
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
1 62
FR 27968 (May 22, 1997).
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EPA has made, and will continue to
make, these materials generally
available through https://
www.regulations.gov and/or at the EPA
Region III Office (please contact the
person identified in the ‘‘For Further
Information Contact’’ 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 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 (Publ. 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
PO 00000
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54743
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 October 17, 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
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 concerning
Pennsylvania’s control of VOC
emissions from 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, Volatile organic
compounds.
Dated: August 2, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
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Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart NN—Pennsylvania
§ 52.2020
2. In § 52.2020, the table in paragraph
(c)(1) is amended by adding an entry for
■
1. The authority citation for part 52
continues to read as follows:
■
State citation
‘‘Section 129.74’’ in numerical order to
read as follows:
State effective
date
Title/subject
*
Identification of plan.
*
*
(c) * * *
(1) * * *
*
*
Additional
explanation/
§ 52.2063 citation
EPA approval date
Title 25—Environmental Protection Article III—Air Resources
*
Section 129.74 ...............
*
*
Control of VOC emissions from fiberglass
boat manufacturing
materials.
*
*
*
*
*
*
*
*
8/17/16 [Insert Federal
Register citation].
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
*
*
implement Framework Adjustment 3 to
the Northeast Skate Complex Fishery
Management (FMP), which includes
catch specifications for fishing years
2016–2017. After reviewing public
comments in response to the proposed
rule, we are approving Framework 3 and
the 2016–2017 specifications as detailed
in our proposed rule.
Effective on August 17, 2016.
Copies of Framework 3,
including the Environmental
Assessment and Regulatory Impact
Review (EA/RIR), and other supporting
documents for the action are available
from Thomas A. Nies, Executive
Director, New England Fishery
Management Council, 50 Water Street,
Mill 2, Newburyport, MA 01950. The
framework is also accessible via the
Internet at: https://
www.greateratlantic.fisheries.noaa.gov.
Specifications for Fishing Years 2016–
2017
DATES:
50 CFR Part 648
ADDRESSES:
[Docket No. 160301164–6694–02]
RIN 0648–BF87
Fisheries of the Northeastern United
States; Northeast Skate Complex
Fishery; Framework Adjustment 3 and
2016–2017 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This rule approves
regulations to implement Northeast
Skate Complex Fishery Management
Plan Framework Adjustment 3
management measures, including
fishing year 2016–2017 specifications,
and implements a new seasonal quota
allocation for the skate wing fishery.
SUMMARY:
*
*
New section is added; the requirements of section 129.74 supersede the requirements of a
RACT permit issued under sections 129.91–
95 prior to December 19, 2015, to the owner
or operator of a source subject to section
129.74 to control, reduce or minimize VOCs
from a fiberglass boat manufacturing process, except to the extent the RACT permit
contains more stringent requirements.
This rule is necessary because it updates
the Skate Fishery Management Plan to
be consistent with the most recent
scientific information and it improves
management of the skate fisheries. The
intended effect of this rule is to help
conserve skate stocks while maintaining
economic opportunities for the skate
fisheries.
*
[FR Doc. 2016–19540 Filed 8–16–16; 8:45 am]
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12/19/15
FOR FURTHER INFORMATION CONTACT:
William Whitmore, Fishery Policy
Analyst, (978) 281–9182.
SUPPLEMENTARY INFORMATION:
Background
Approved Measures
On June 6, 2016, we proposed in the
Federal Register (81 FR 36251)
management modifications to
Specifications including the
acceptable biological catch (ABC),
annual catch limit (ACL), annual catch
target (ACT), and total allowable
landings (TALs) for the skate wing and
bait fisheries, as well as possession
limits, may be specified for up to 2
years. The 2016–2017 skate complex
ABC and ACL is 31,081 metric tons
(mt). After removing management
uncertainty from the ABC, the ACT that
remains is 23,311 mt. After removing
discards and state landings from the
ACT, the TAL that remains is 12,872 mt.
Tables 1 and 2 (below) detail TALs and
possession limits for the skate wing and
skate bait fisheries—there are no
possession limit changes from last year.
These specifications and possession
limits remain in effect until they are
replaced.
TABLE 1—TOTAL ALLOWABLE LANDINGS FOR FISHING YEARS 2016–2017
Total Allowable Landings (TAL)
mt
Skate Wing Fishery:
Season 1 (May 1–Aug 31) ...........................................................................................................................................................
Season 2 (Sept 1–Apr 30) ...........................................................................................................................................................
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]]>Agencies
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Rules and Regulations]
[Pages 54742-54744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19540]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0189; FRL-9950-69-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Control of Volatile Organic Compound Emissions From
Fiberglass Boat Manufacturing Materials
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Pennsylvania state implementation plan (SIP) submitted
by the Commonwealth of Pennsylvania. This SIP revision pertains to
Pennsylvania's regulation for fiberglass boat manufacturing materials
found in section 129.74 of the Pennsylvania Code. This regulation meets
the requirement to adopt reasonably available control technology (RACT)
for sources covered by EPA's control techniques guidelines (CTG)
standards for fiberglass boat manufacturing materials. EPA is,
therefore, approving this revision to the Pennsylvania SIP in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on September 16, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2016-0189. All documents in the docket are listed on
the https://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 https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
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 SIPs to
include RACT for sources of volatile organic compound (VOC) emissions
covered by a CTG document issued after November 15, 1990 and prior to
the area's date of attainment. Furthermore, pursuant to section
184(b)(1)(B) of the CAA, all areas in the Ozone Transport Region (OTR),
such as Pennsylvania, must submit SIP revisions that include
implementation of RACT with respect to all sources of VOCs in the
states covered by a CTG. EPA defines RACT as ``the lowest emission
limitation that a particular source is capable of meeting by the
application of control technology that is reasonably available
considering technological and economic feasibility.'' 44 FR 53761
(September 17, 1979).
CTGs are intended to provide state and local air pollution control
authorities information that should assist them in determining RACT for
VOCs from various sources. The CTG for fiberglass boat manufacturing
materials (Publication No. EPA 453/R-08-004; September 2008) provides
control recommendations for reducing VOC emissions from the use of gel
coats, resins, and materials used to clean application equipment in
fiberglass boat manufacturing operations. This CTG applies to
facilities that manufacture hulls or decks of boats from fiberglass, or
build molds to make fiberglass boat hulls or decks. EPA's 2008 CTG
recommends that the following operations should be covered: Open
molding resin and gel coat operations (these include pigmented gel
coat, clear gel coat, production resin, tooling gel coat, and tooling
resin); resin and gel coat mixing operations; and resin and gel coat
application equipment cleaning operations.
EPA's 2008 CTG recommends the following VOC reduction measures: VOC
emission limits for molding resins and gel coats; work practices for
resin and gel coat mixing containers; and VOC content and vapor
pressure limits for cleaning materials. Recommended VOC emission limits
for open molding resin and gel coat operations are shown in Table 1. A
more detailed explanation for determining the VOC emission limits for
molding resin and gel coats can be found in the Technical Support
Document (TSD) for this rulemaking under Docket ID Number EPA-R03-OAR-
2016-0189 and available online at https://www.regulations.gov.
Table 1--Monomer VOC Content Limitations for Open Molding Resin and Gel
Coat Operations
------------------------------------------------------------------------
Individual monomer VOC
content or weight
Materials Application average monomer VOC
method content limit (weight
percent)
------------------------------------------------------------------------
Production Resin............. Atomized (spray) 28
Production Resin............. Nonatomized..... 35
Pigmented Gel Coat........... Any Method...... 33
Clear Gel Coat............... Any Method...... 48
Tooling Resin................ Atomized........ 30
Tooling Resin................ Nonatomized..... 39
Tooling Gel Coat............. Any Method...... 40
------------------------------------------------------------------------
[[Page 54743]]
II. Summary of SIP Revision
On March 2, 2016, the Pennsylvania Department of Environmental
Protection (PADEP) submitted to EPA a SIP revision concerning
implementation of RACT requirements for the control of VOC emissions
from fiberglass boat manufacturing materials. Pennsylvania is adopting
EPA's CTG standards for fiberglass boat manufacturing materials,
including the emission limits found in Table 1. The regulation is
contained in 25 Pa. Code Chapter 129 (relating to standards for
sources), and this SIP revision seeks to add 25 Pa. Code section 129.74
(control of VOC emissions from fiberglass boat manufacturing materials)
to the Pennsylvania SIP. EPA finds the provisions in 25 Pa. Code
section 129.74 identical to the CTG standards for fiberglass boat
manufacturing materials and is therefore approvable in accordance with
sections 172(c)(1), 182(b)(2)(A), and 184(b)(1)(B) of the CAA.
On May 20, 2016 (81 FR 31885), EPA published a notice of proposed
rulemaking (NPR) proposing to approve Pennsylvania's March 2, 2016 SIP
revision. Other specific requirements and the rationale for EPA's
approval action are explained in the NPR and TSD under Docket ID Number
EPA-R03-OAR-2016-0189 and will not be restated here. No public comments
were received on the NPR.
III. Final Action
EPA is approving the March 2, 2016 Pennsylvania SIP revision
concerning the addition of 25 Pa. Code section 129.74 to the
Pennsylvania SIP because section 129.74 meets the requirement to adopt
RACT for sources covered by EPA's CTG standards for fiberglass boat
manufacturing materials.
IV. Incorporation by Reference
In this rulemaking action, 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 of the
Pennsylvania rule discussed in section II of this preamble. Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\1\ EPA has made, and will
continue to make, these materials generally available through https://www.regulations.gov and/or at the EPA Region III Office (please contact
the person identified in the ``For Further Information Contact''
section of this preamble for more information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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 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 (Publ. 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 October 17, 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 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 concerning Pennsylvania's control of VOC emissions from
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, Volatile organic compounds.
Dated: August 2, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
[[Page 54744]]
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)(1) is amended by adding
an entry for ``Section 129.74'' in numerical order to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State Additional explanation/
State citation Title/subject effective date EPA approval date Sec. 52.2063 citation
----------------------------------------------------------------------------------------------------------------
Title 25--Environmental Protection Article III--Air Resources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 129.74................. Control of VOC 12/19/15 8/17/16 [Insert New section is added;
emissions from Federal Register the requirements of
fiberglass boat citation]. section 129.74
manufacturing supersede the
materials. requirements of a RACT
permit issued under
sections 129.91-95
prior to December 19,
2015, to the owner or
operator of a source
subject to section
129.74 to control,
reduce or minimize
VOCs from a fiberglass
boat manufacturing
process, except to the
extent the RACT permit
contains more
stringent
requirements.
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-19540 Filed 8-16-16; 8:45 am]
BILLING CODE 6560-50-P
