22224 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0998; FRL–9657–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Amendments to the 

Handling, Storage, and Disposal of 

Volatile Organic Compounds 

Emissions; Automobile and Light-Duty 

Truck Coating Operations; Paper 

Coating; Coating of Flat Wood 

Paneling; Graphic Art Systems; and 

Industrial Cleaning Solvents 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Delaware. This 

revision amends the control of volatile 

organic compound (VOC) emissions 

from industrial cleaning solvents 

facilities; automobile and light-duty 

truck coating operations; paper, film, 

and foil coating units; flat wood 

paneling products; and flexible 

packaging printing presses. EPA is 

approving this SIP revision to meet the 

requirements to implement reasonably 

available control technology (RACT) 

controls on emission sources covered by 

EPA’s control techniques guidelines 

(CTG) in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: Effective Date: This final rule is 

effective on May 14, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0998. 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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection 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 Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 2, 2012 (77 FR 5207), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of the Delaware SIP revision that 

amends section 8.0, ‘‘Handling, Storage, 

and Disposal of Volatile Organic 

Compounds,’’ section 13.0, 

‘‘Automobile and Light-Duty Truck 

Coating Operations,’’ section 16.0, 

‘‘Paper Coating,’’ section 23.0, ‘‘Coating 

of Flat Wood Paneling,’’ section 37.0, 

‘‘Graphic Art Systems,’’ and section 

45.0, ‘‘Industrial Cleaning Solvents,’’ to 

reflect technology developments and 

expand VOC emission controls. The 

revision is part of Delaware’s strategy to 

achieve and maintain the 8-hour ozone 

national ambient air quality standard 

(NAAQS) throughout the State. EPA 

received no comments on the NPR to 

approve Delaware’s SIP revision. The 

formal SIP revision was submitted by 

the State of Delaware on June 20, 2011. 

II. Summary of SIP Revision 

The SIP revision consists of the 

following: (1) Amendments to section 

8.0—Handling, Storage, and Disposal of 

Volatile Organic Compounds, in order 

to add definitions, update the existing 

work practice standards, and add an 

applicable cleaning solvent VOC 

content limit; (2) amendments to section 

13.0—Automobile and Light-Duty Truck 

Coating Operations, in order to establish 

VOC limits in coating materials used in 

automobile and light-duty truck coating 

operations; (3) amendments to section 

16.0—Paper Coating, in order to expand 

the regulated scope and add ‘‘film and 

foil coating’’ to the regulated category; 

(4) amendments to section 23.0— 

Coating of Flat Wood Paneling, in order 

to add tileboard panels and exterior 

sidings to the flat wood paneling 

product category and establish VOC 

emission limits, as well as establish 

more stringent emission limits to 

previously existing flat wood paneling 

products; (5) amendments to section 

37.0—Graphic Arts Systems, in order to 

establish provisions for flexible 

packaging printing presses to the 

regulated category and establish 

efficiency requirements for control 

systems to be installed on the flexible 

packaging printing presses; and (6) 

amendments to section 45.0—Industrial 

Cleaning Solvents, in order to update 

the applicability for the industrial use of 

organic cleaning solvents and clarify 

that the requirements of section 45.0 are 

triggered based on a limit of VOC 

emissions rather than cleaning solvent 

used. Other specific requirements and 

the rationale for EPA’s proposed action 

are explained in the NPR and will not 

be restated here. 

III. Final Action 

EPA is approving the control of VOC 

emissions from industrial cleaning 

solvents facilities; automobile and lightduty truck coating operations; paper, 

film, and foil coating units; flat wood 

paneling products; and flexible 

packaging printing presses (7 DE Admin 

Code 1124, sections 8.0, 13.0, 16.0, 23.0, 

37.0, and 45.0) as a revision to the 

Delaware SIP. This SIP revision meets 

the requirements to implement RACT 

controls on emission sources. 

IV. 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 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); 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations 22225 

• 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 June 12, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. 

This action approving Delaware’s 

control of VOCs from industrial 

cleaning solvents facilities; automobile 

and light-duty truck coating operations; 

paper, film, and foil coating units; flat 

wood paneling products; and flexible 

packaging printing presses 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: March 27, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended by revising the entries 

for Regulation 1124, sections 8.0, 13.0, 

16.0, 23.0, 37.0, and 45.0 to read as 

follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP 

State regulation (7 

DNREC 1100) Title/subject State effective date EPA approval date Additional explanation 

*******

1124 ........................ Control of Volatile Organic Compound Emissions 

*******

Section 8.0 .............. Handling, Storage, and Disposal of 

Volatile Organic Compounds.

3/11/11 4/13/12 [Insert page 

number where 

the document begins].

*******

Section 13.0 ............ Automobile and Light-Duty Truck Coating Operations.3/11/11 4/13/12 [Insert page 

number where 

the document begins].

*******

Section 16.0 ............ Paper Coating ........................................ 3/11/11 4/13/12 [Insert page 

number where 

the document begins].

Amended to add ‘‘film and foil coating’’ 

to the regulated category. 

*******

Section 23.0 ............ Coating of Flat Wood Paneling .............. 3/11/11 4/13/12 [Insert page 

number where 

the document begins].


pmangrum on DSK3VPTVN1PROD with RULES
22226 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP—Continued 

State regulation (7 

DNREC 1100) Title/subject State effective date EPA approval date Additional explanation 

*******

Section 37.0 ............ Graphic Art Systems .............................. 3/11/11 4/13/12 [Insert page 

number where 

the document begins].

Amended to add ‘‘flexible packaging 

printing’’ to the regulated category. 

* * * * * * * 

Section 45.0 ............ Industrial Cleaning Solvents .................. 3/11/11 4/13/12 [Insert page 

number where 

the document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2012–8854 Filed 4–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 260 and 261 

[EPA–HQ–RCRA–2008–0808; FRL 9658–3] 

RIN–2050–AE78 

Regulation of Oil-Bearing Hazardous 

Secondary Materials From the 

Petroleum Refining Industry 

Processed in a Gasification System To 

Produce Synthesis Gas; Final 

Determination To Deny Administrative 

Petition 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; final determination 

to deny administrative petition. 

SUMMARY: EPA is providing notice of a 

final determination to deny an 

administrative petition submitted by 

Earthjustice on behalf of the Sierra Club 

and the Louisiana Environmental 

Action Network under the Resource 

Conservation and Recovery Act. The 

petition requested EPA to review the 

final rule, ‘‘Regulation of Oil-Bearing 

Hazardous Secondary Materials From 

the Petroleum Refining Industry 

Processed in a Gasification System To 

Produce Synthesis Gas,’’ published in 

the Federal Register on January 2, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Alan Carpien, U.S. Environmental 

Protection Agency, Office of General 

Counsel, Mail Code 2366A, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone (202) 564–5507; or 

carpien.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. How can I get copies of this 

document and other related 

information? 

1. Docket. EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–RCRA–2008–0808. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the RCRA Docket in the EPA Docket 

Center, (EPA/DC) EPA West, Room 

3334, 1301 Constitution Ave. NW., 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the RCRA 

Docket is (202) 566–0270. A reasonable 

fee may be charged for copying docket 

materials. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the Federal Register listings at 

http://www.epa.gov/fedrgstr/. 

II. Summary of the Action 

EPA is providing notice of a final 

determination to deny an administrative 

petition submitted by Earthjustice on 

behalf of the Sierra Club and the 

Louisiana Environmental Action 

Network under the Resource 

Conservation and Recovery Act. EPA 

issued an earlier notice tentatively 

denying this same petition in January 

2011 and solicited written comments on 

this tentative decision (76 FR 5107, Jan. 

28, 2011). The petition requested EPA to 

review the final rule, ‘‘Regulation of OilBearing Hazardous Secondary Materials 

From the Petroleum Refining Industry 

Processed in a Gasification System To 

Produce Synthesis Gas,’’ published in 

the Federal Register on January 2, 2008 

(73 FR 57). The EPA has considered the 

petition, along with information 

contained in the rulemaking docket, as 

well as the five public comments 

received on the tentative denial. After 

evaluating all of this information, EPA 

has decided to issue a final 

determination denying the petition. In a 

letter from EPA Assistant Administrator 

Mathy Stanislaus dated April 3, 2012, 

EPA provided the petitioner with its 

final decision to deny the administrative 

petition. The letter, which is included 

as an Appendix to this Federal Register 

document explains EPA’s reasons for 

denying the petition, as well as 

discussing the other comments received 

on the tentative denial. 

Appendix: Letter to Earthjustice 

Denying Administrative Petition 

Ms. Lisa Gollin Evans 

Earthjustice 

21 Ocean Avenue 

Marblehead, MA 01945 

Dear Ms. Evans: 

This letter is written to inform you of our 

final determination to deny the April 1, 2008 

administrative petition you submitted to the 

U.S. Environmental Protection Agency (EPA 

or the agency) under the Resource 

Conservation and Recovery Act (RCRA) 

§ 7004(a), 42 U.S.C. § 6974(a) on behalf of the 

Sierra Club and the Louisiana Environmental 

Action Network (LEAN) (hereafter referred to 

as ‘‘Sierra Club’’). Sierra Club requested that 

EPA review the final rule, ‘‘Regulation of OilBearing Hazardous Secondary Materials from 

the Petroleum Refining Industry Processed in 

a Gasification System to Produce Synthesis 

Gas’’ (Gasification Rule). This final rule was 

published in the Federal Register on January 

2, 2008 (73 FR 57, et seq.). The petition 

raised both procedural (notice and comment) 

and substantive grounds for seeking the 

agency’s review of the Gasification Rule. EPA 

has made a final determination to deny the 

petition and in accordance with the 

regulatory requirements of 40 CFR 260.20, 

EPA is providing notice of this determination 

to deny the petition in the Federal Register. 

A tentative denial was issued on January 

19, 2011, and published in the Federal 

Register on January 28, 2011 (76 FR 5107). 


pmangrum on DSK3VPTVN1PROD with RULES