Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 13567 

and approval to the Secretary, 

respectively. 

§ 155.1328 Periodic evaluation 

requirements. 

(a) General. (1) The Secretary and the 

Secretary of the Treasury shall 

periodically evaluate the 

implementation of a program under a 

section 1332 waiver consistent with 

guidance published by the Secretary 

and the Secretary of the Treasury and 

any terms and conditions governing the 

section 1332 waiver. 

(2) Each periodic evaluation must 

include a review of the annual report or 

reports submitted by the State in 

accordance with § 155.1324 that relate 

to the period of time covered by the 

evaluation. 

Authority: Sec. 1332 of the Patient 

Protection and Affordable Care Act (Pub. L. 

111–148). 

Approved: February 22, 2011. 

Donald M. Berwick, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: March 4, 2011. 

Kathleen Sebelius, 

Secretary of Health and Human Services. 

Approved: March 7, 2011. 

Michael F. Mundaca, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2011–5583 Filed 3–10–11; 11:15 am] 

BILLING CODE 4510–29–P, 4120–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0099; FRL–9280–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Adoption of Control 

Techniques Guidelines for Flat Wood 

Paneling Surface Coating Processes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Pennsylvania 

(Pennsylvania). This SIP revision 

includes amendments to Chapter 121— 

General Provisions and Chapter 129— 

Standards for Sources of Title 25 of the 

Pennsylvania Code. Pennsylvania’s SIP 

revision meets the requirement to adopt 

Reasonably Available Control 

Technology (RACT) for sources covered 

by EPA’s Control Techniques 

Guidelines (CTG) standards for flat 

wood paneling surface coating processes 

and will help Pennsylvania attain and 

maintain the National Ambient Air 

Quality Standard (NAAQS) for ozone. 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before April 13, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0099 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0099, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0099. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 

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 

http://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 http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

e-mail at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

January 4, 2011, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted to EPA a SIP 

revision concerning the adoption of the 

CTG for flat wood paneling surface 

coating processes. 

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 compounds (VOC) 

emissions covered by a CTG document 

issued after November 15, 1990 and 

prior to the area’s date of attainment. 

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, including 

flat wood paneling surface coatings. In 

developing these CTGs, EPA, among 

other things, evaluated the sources of 

VOC emissions from this industry and 

the available control approaches for 

addressing these emissions, including 

the costs of such approaches. Based on 

available information and data, EPA 

provided recommendations for RACT 

for VOCs from flat wood paneling. 

In June 1978, EPA published a CTG 

for flat wood paneling coatings (EPA– 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
13568 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 

450/2–78–034). This CTG discusses the 

nature of VOC emissions from this 

industry, available control technologies 

for addressing such emissions, the costs 

of available control options, and other 

items. EPA promulgated national 

standards of performance for new 

stationary sources New Source 

Performance Standards for the flat wood 

paneling industry and EPA also 

published a national emission standard 

for hazardous air pollutants (NESHAP) 

for this industry. 

In 2006 and 2007, after conducting a 

review of currently existing state and 

local VOC emission reduction 

approaches for the flat wood paneling 

industry, reviewing the 1978 CTG and 

the NESHAP for this industry, and 

taking into account the information that 

has become available since then, EPA 

developed a new CTG for surface 

coating of flat wood paneling, entitled 

Control Techniques Guidelines for Flat 

Wood Paneling Coatings (Publication 

No. EPA 453/R–06–004). Flat wood 

paneling coatings means wood paneling 

products that are any interior, exterior, 

or tileboard panel to which a protective, 

decorative, or functional material or 

layer has been applied. Flat wood 

paneling, like most wood products, are 

vulnerable to light, moisture, and 

insects. Coatings are used for three 

purposes: Protection, appearance, and 

surface modification. Surface coatings 

are applied to reduce potential damage 

from environmental elements such as 

moisture and temperature extremes and 

other climate-related hazards and from 

insect infestation. Coatings are also 

applied to enhance surfaces to make 

other coatings more effective. Finally, 

coatings are applied to improve the 

appearance of the wood product. 

Releases of VOCs occur during the 

coating process as the coatings are 

mixed or thinned, as they are applied to 

the substrate, and as they dry and the 

VOCs within the coating evaporate into 

the air. 

II. Summary of SIP Revision 

On January 4, 2011, PADEP submitted 

to EPA a SIP revision concerning the 

adoption of the CTG for flat wood 

paneling surface coating processes. EPA 

develops CTGs as guidance on control 

requirements for source categories. 

States can follow the CTGs or adopt 

more restrictive standards. Pennsylvania 

has adopted EPA’s CTG standards for 

flat wood paneling surface coating 

processes. These regulations are in 

Chapter 121—General Provisions and in 

Chapter 129—Standards for Sources, in 

Title 25 of the Pennsylvania Code. 

Specifically, this revision amends the 

existing regulations at sections 121.1, 

129.51, 129.66, and adds new section 

129.52c. Several definitions were added 

in section 121.1 and section 129.51 was 

amended to extend coverage to flat 

wood paneling surface coating 

processes. New section 129.52c includes 

VOC emission limits, work practices, 

and recordkeeping and reporting 

requirements, all of which are 

consistent with EPA’s CTG for flat wood 

paneling surface coating processes. The 

emission limits of VOCs for flat wood 

paneling surface coatings are shown in 

Table 1. These emission limits apply if 

the total actual VOC emissions from all 

flat wood paneling surface coating 

operations at the facility are equal to or 

greater than 15 pounds (6.8 kilograms) 

per day, before consideration of 

controls. 

TABLE 1—EMISSION LIMITS OF VOCS FOR FLAT WOOD PANELING SURFACE COATINGS

Surface coatings, inks, or adhesives applied to the following flat wood paneling categories 

Should meet one of these 

emission limits 

lb VOC/gal 

coating solids 

g VOC/liter 

coating solids 

Printed interior panels made of hardwood, plywood, or thin particleboard ............................................................ 2.9 350 

Natural finish hardwood plywood panels ................................................................................................................. 2.9 350 

Class II finishes on hardboard panels ..................................................................................................................... 2.9 350 

Tileboards ................................................................................................................................................................ 2.9 350 

Exterior siding .......................................................................................................................................................... 2.9 350 

III. Proposed Action 

EPA is proposing to approve 

Pennsylvania’s SIP revision for adoption 

of the CTG standards for flat wood 

paneling surface coating processes. EPA 

is soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 proposed rule 

concerning Pennsylvania’s adoption of a 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 13569 

CTG for flat wood paneling surface 

coating processes 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: March 1, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–5796 Filed 3–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0903; FRL–9278–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revisions to the Open Burning 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Virginia. The 

revisions recodify the open burning 

regulations which are currently in the 

Virginia SIP. There are no substantive 

changes to the rule. In the Final Rules 

section of this Federal Register, EPA is 

approving Virginia’s SIP submittal as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this action, no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

DATES: Comments must be received in 

writing by April 13, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0903 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: frankford.harold@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0902, 

Harold A. Frankford, Air Protection 

Division, Mailcode 3AP00, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2010– 

0903. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 

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 

http://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 http:// 

www.regulations.gov or in hard copy 

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 Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Harold A. Frankford, (215) 814–2108, or 

by e-mail at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 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. 

Dated: March 1, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–5621 Filed 3–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1155] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule; correction. 

SUMMARY: On November 9, 2010, FEMA 

published in the Federal Register a 

proposed rule that included erroneous 

Base Flood Elevation (BFE) location 

descriptions for the Cartecay River in 

Gilmer County, Georgia. The location 

description for the proposed BFE of 

1,290 feet, referenced to the North 

American Vertical Datum of 1988, 

should have located the proposed BFE 

as being approximately 1.12 miles 

upstream of Holt Bridge Road; and the 

location description for the proposed 


erowe on DSK5CLS3C1PROD with PROPOSALS-1