Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Proposed Rules 59087 

document, where possible. Otherwise, 

they may be reproduced by any 

duplicating process that produces clear 

and legible copies. Each person filing a 

hardcopy document with the 

Commission mut prove an original and 

two fully conformed copies of the 

document required or permitted to be 

filed under this part, except for a 

document filed under seal, for which 

only the original and two (2) copies 

need be filed. The copies need not be 

signed but shall show the full name of 

the individual signing the original 

document and the certificate of service 

attached thereto. 

* * * * * 

2. Revise § 3001.17 to read as follows: 

§ 3001.17 Notice of proceeding. 

(a) When issued. The Commission 

shall issue a notice of proceeding to be 

determined on the record with an 

opportunity for any interested person to 

request a hearing whenever: 

(1) The Postal Service files a request 

with the Commission to issue an 

advisory opinion on a proposed change 

in the nature of postal services which 

will generally affect service on a 

nationwide or substantially nationwide 

basis; 

(2) The Commission in the exercise of 

its discretion determines that an 

opportunity for hearing should be 

provided with regard to a complaint 

filed pursuant to part 3030 of this 

chapter; or 

(3) The Commission in the exercise of 

its discretion determines it is 

appropriate. 

(b) Service of notice. Each notice of 

proceeding shall be served on the Postal 

Service and the complainant in a 

complaint proceeding. 

(c) Contents of notice. The notice of 

proceeding shall include the following: 

(1) The general nature of the 

proceeding involved in terms of 

categories listed in paragraph (a) of this 

section; 

(2) A reference to the legal authority 

under which the proceeding is to be 

conducted; 

(3) A concise description of proposals 

for changes in rates or fees; proposals 

for changes in the nature of postal 

services; and in the case of a complaint, 

an identification of the complainant and 

a concise description of the subject 

matter of the complaint; 

(4) The date by which notices of 

intervention and requests for hearing 

must be filed; and 

(5) Such other information as the 

Commission may desire to include. 

[FR Doc. 2011–24311 Filed 9–22–11; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0721; FRL–9470–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Adhesives and Sealants 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

State Implementation Plan (SIP) 

revision submitted by the State of 

Delaware. The SIP revision adds section 

4.0, under Regulation 1141, relating to 

the control of emissions of volatile 

organic compounds (VOC) from the 

manufacture, sale, use, or application of 

adhesives, sealants, primers, and 

solvents. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before October 24, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0721 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–2011–0721, 

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 Number EPA–R03–OAR– 

2011–0721. 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 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 

e-mail at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 9, 2009, the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

submitted a revision to the Delaware 

SIP. The SIP revision consists of 

Delaware’s regulation for reducing 

VOCs from commercially-used adhesive 

and sealant products by adding section 

4.0—Adhesives and Sealants under 

Regulation 1141—Limiting Emissions of 

Volatile Organic Compounds from 

Consumer and Commercial Products. 

The revisions are part of Delaware’s 

strategy to achieve and maintain the 8- 

hour ozone national ambient air quality 

standard (NAAQS) throughout the State. 


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59088 Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Proposed Rules 

III. Summary of SIP Revision 

The SIP revision consists of the 

following amendments: 

New Regulation—Regulation 1141 

Section 4.0—Adhesives and Sealants 

Section 4.0 is a new regulation based 

on the Ozone Transport Commission 

(OTC) model rule that in turn was based 

on the California Air Resources Board 

(CARB) model rule. Section 4.0 

addresses adhesive, sealants, adhesive 

primers, and sealant primers that are 

sold in larger containers and used 

primarily in commercial and industrial 

applications, which include residential 

applications of these products, such as 

carpet, flooring, and roofing 

installations. 

The OTC states developed a model 

rule ‘‘OTC Model Rule For Adhesives 

and Sealants’’ dated 2006 which was 

based on the 1998 CARB reasonably 

available control technology (RACT) 

determination. This RACT 

determination applied to both the 

manufacture and use of adhesives, 

sealants, adhesive primers, or sealant 

primers, in both industrial and 

manufacturing facilities and in the field. 

California Air Districts used this 

determination to develop regulations for 

this category. EPA addressed this source 

category with a Control Techniques 

Guideline (CTG) document for 

Miscellaneous Industrial Adhesives, 

dated September 2008. This CTG was 

developed in response to section 183(e) 

of the CAA requirement for EPA to 

study and regulate consumer and 

commercial products, which is included 

in EPA’s Report to Congress, ‘‘Study of 

Volatile Organic Compound Emissions 

from Consumer and Commercial 

Products—Comprehensive Emissions 

Inventory.’’ The miscellaneous 

industrial adhesives category was 

limited to adhesives and adhesive 

primers used in industrial and 

manufacturing operations and did not 

include products applied in the field. 

Therefore, the OTC model rule and state 

efforts in developing individual 

regulations preceded EPA’s CTG for this 

source category and were broader in 

applicability. 

The new section 4.0 adds regulations 

that: (a) Set standards for the 

application of adhesives, sealants, 

adhesive primers, and sealant primers 

by providing options for appliers either 

to use a product with a VOC content 

equal to or less than a specified limit or 

to use add-on controls; (b) add 

definitions and terms for new product 

categories; (c) establish that any person 

may not use or apply at the facility an 

adhesive, sealant, adhesive primer or 

sealant primer that exceeds the VOC 

content limits; (d) specify requirements 

for person of a facility that uses or 

applies a surface preparation solvent or 

cleanup solvent or removes an adhesive, 

sealant, adhesive primer, and sealant 

primer from the parts of spray 

application equipment; (e) provide for 

an alternative add-on control system 

requirement of at least 85 percent 

overall control efficiency (capture and 

destruction), by weight; (f) specify 

requirements for proper storage and 

disposal, work practices, surface 

preparation, and cleanup solvent 

composition; and (g) specify 

exemptions, as well as registration and 

product labeling requirements, 

recordkeeping requirements, and test 

methods and compliance procedures. 

A detailed summary of EPA’s review 

of and rationale for proposing to 

approve this SIP revision may be found 

in the Technical Support Document 

(TSD) for this action which is available 

on-line at http://www.regulations.gov, 

Docket number EPA–R03–OAR–2011– 

0721. 

III. Proposed Action 

EPA is proposing to approve the 

Delaware SIP revision adding section 

4.0—Adhesives and Sealants to 

Regulation 1141—Limiting Emissions of 

Volatile Organic Compounds from 

Consumer and Commercial Products. 

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, 

pertaining to Delaware’s control of 

VOCs from adhesives and sealants, 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: September 6, 2011. 

James W. Newsom, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2011–24518 Filed 9–22–11; 8:45 am] 

BILLING CODE 6560–50–P 


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