Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations 29649 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a temporary § 165.T05–0168 to 

read as follows: 

§ 165.T05–0168 Safety Zone: Big Rock 

Blue Marlin Air Show, Bogue Sound, 

Morehead City, NC. 

(a) Regulated Area. The following area 

is a safety zone: The specified waters of 

the Captain of the Port Sector North 

Carolina, as defined in 33 CFR 3.25–20, 

within the navigable waters of Bogue 

Sound in an area bound by a line drawn 

from the following points: latitude 

34°43′09.9′′ N, longitude 076°45′54.9′′ 

W; thence east to latitude 34°43′09.75′′ 

N, longitude 076°44′34.16′′ W; thence 

south to latitude 34°42′52.64′′ N, 

longitude 076°44′32.55′′ W; thence west 

to latitude 34°42′50.7′′ N, longitude 

076°45′48.5′′ W; thence to the point of 

origin, located approximately 400 yards 

south of the shoreline of Morehead City. 

(b) Definition: For the purposes of this 

section, Captain of the Port means the 

Commander, Sector North Carolina. 

Representative means any U.S. Coast 

Guard commissioned, warrant, or petty 

officer who has been authorized by the 

Captain of the Port, Sector North 

Carolina to act on his behalf. 

(c) Regulations: (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Sector North 

Carolina or designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Sector 

North Carolina can be reached through 

the Sector Duty Officer at Sector North 

Carolina in Atlantic Beach, North 

Carolina at telephone number (252) 

247–4570. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65 MHz) and 

channel 16 (156.8 MHz). 

(d) Enforcement Period. This section 

will be enforced from 7 p.m. until 

8 p.m. on June 11, 2011. 

Dated: May 6, 2011. 

Anthony Popiel, 

Captain, U.S. Coast Guard, Captain of the 

Port North Carolina. 

[FR Doc. 2011–12377 Filed 5–20–11; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0063; FRL–9309–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Adoption of Control 

Techniques Guidelines for Paper, Film, 

and Foil Surface Coating Processes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving 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 the Control 

Techniques Guidelines (CTG) standards 

for paper, film, and foil surface coating 

processes. EPA is approving this 

revision concerning the adoption of the 

CTG requirements for paper, film, and 

foil surface coating processes in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on June 22, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0063. All 

documents in the docket are listed in 

the http://www.regulations.gov website. 

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 

http://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 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: 

I. Background 

Section 182(b)(2) of the CAA, 42 

U.S.C. 7511a(b)(2), requires that States 

having moderate nonattainment areas 

for ozone revise their SIP to include 

provisions requiring the implementation 

of RACT for certain sources, including 

categories of volatile organic compound 

(VOC) sources covered by a CTG 

document issued by the Administrator 

between November 15, 1990 and the 

date of attainment. EPA originally 

developed CTG standards for paper, 

film, and foil surface coating processes 

in 1977 and revised them in 2007. 

Pennsylvania subsequently made 

changes to its SIP which adopted EPA’s 

CTG standards for paper, film, and foil 

surface coating processes. The formal 

SIP revision was submitted by 

Pennsylvania to EPA on January 4, 

2011. On March 4, 2011 (76 FR 11983), 

EPA published a notice of proposed 

rulemaking (NPR) for Pennsylvania. The 

NPR proposed approval of 

Pennsylvania’s SIP revision for adoption 

of the CTG standards for paper, film, 

and foil surface coating processes. The 

formal SIP revision was submitted by 

Pennsylvania on January 4, 2011. One 

adverse comment was submitted on the 

March 4, 2011 NPR (76 FR 11983). A 

summary of the comment and EPA’s 

response is provided in section III of 

this document. 

II. Summary of SIP Revision 

On January 4, 2011, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted to EPA a SIP 

revision concerning the adoption of the 

EPA paper, film, and foil surface coating 

processes CTG. EPA develops CTGs as 


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29650 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations 

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 paper, film, 

and foil surface coating processes. 

Pennsylvania’s 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, and 129.52, and adds a new 

section 129.52b. Several definitions 

were amended or added in section 

121.1, and section 129.52 was amended 

to extend coverage to paper, film and 

foil surface coating processes. The new 

section 129.52b includes VOC emission 

limits, work practices, and 

recordkeeping and reporting 

requirements, all of which are 

consistent with EPA’s CTG for paper, 

film, and foil surface coating processes. 

The requirements in section 129.52b 

supersede the requirements in 129.52 

relating to control of VOC emissions 

from paper, film, and foil surface 

coating processes. The emission limits 

of VOCs for paper, film, and foil surface 

coatings are shown in Table 1. These 

emission limits apply if potential VOC 

emissions from a single line, prior to 

control, are 25 tons per year (tpy) or 

more. 

TABLE 1—RECOMMENDED EMISSION LIMITS FOR PAPER, FILM, AND FOIL COATINGS

Units 

RACT limits 

Pressure sensitive 

tape and label 

surface coating 

Paper, film, and foil 

surface coating (not 

including pressure 

sensitive tape and 

label) 

Kilograms VOC/kilograms solids (pounds VOC/pounds solids) ................................................................ 0.20 0.40 

Kilograms VOC/kilograms coating (pounds VOC/pounds coating) ........................................................... 0.067 0.08 

Additionally, VOC emission limits for 

paper coatings only and the associated 

applicability criteria that were in 

section 129.52(a)(2) were added to 

section 129.52b in order to carry 

forward previously regulated paper 

coating sources and to eliminate the 

potential for backsliding. These VOC 

emission limits apply only to paper 

coatings if actual VOC emissions have 

exceeded 3 pounds per hour, 15 pounds 

per day, or 2.7 tpy in any year since 

January 1, 1987. The emission limits are 

shown in Table 2. 

TABLE 2—EMISSION LIMITS OF VOCS

FOR PAPER COATING

Units RACT limit for 

paper coating 

Pounds VOC/gallon coating 

solids ................................. 4.84 

Kilogram VOC/liter coating 

solids ................................. 0.58 

Other specific requirements 

concerning this rulemaking and the 

rationale for EPA’s action are explained 

in the NPR and the Technical Support 

Document (TSD) and will not be 

restated here. As noted below, EPA 

received one comment on the NPR and 

it was not germane. 

III. Summary of Public Comment and 

EPA Response 

Comment: A commenter stated that ‘‘it 

is a travesty that the EPA is attempting 

to take action, in the name of the 

unproven theory of anthropogenic 

global warming, through regulations 

that will harm the economy of the 

United States,’’ and asserts that EPA is 

attempting to take such action on the 

issue of global warming which Congress 

has ‘‘decided that no action was 

warranted.’’ The commenter further 

states that ‘‘this is a blatant power grab 

by the EPA and the Obama 

administration to force their radical 

liberal ideas on the hard-working, 

decent people of the country without 

their consent.’’ 

Response: This comment is not 

relevant to this rulemaking action. This 

action concerns the control of VOCs for 

the purpose of attaining the 1997 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS) and does not 

concern the regulation of emissions for 

the purpose of addressing global 

warming. 

IV. Final Action 

EPA is approving Pennsylvania’s 

adoption of the CTG requirements for 

paper, film, and foil surface coating 

processes as a revision to the 

Pennsylvania SIP. 

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 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 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations 29651 

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 July 22, 2011. 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 adoption of a CTG for 

paper, film, and foil surface coating 

processes 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: May 9, 2011. 

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 NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(c)(1) is amended by revising the entries 

for Sections 121.1, 129.51 and 129.52; 

and adding an entry for Section 129.52b 

after the existing entry for Section 

129.52. The amendments read as 

follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 

State citation Title/subject State effective 

date EPA approval date Additional explanation/§ 52.2063 citation 

Title 25—Environmental Protection 

Article III—Air Resources 

Chapter 121—General Provisions 

Section 121.1 .......... Definitions .................................... 11/20/10 5/23/11 [Insert page number 

where the document begins].

Definition of ‘‘coating line’’ added. 

Revision of definitions for 

‘‘coating’’ and ‘‘paper coating.’’ 

* * * * * * * 

Chapter 129—Standards for Sources 

*******

Sources of VOCs 

*******

Section 129.51 ........ General ........................................ 11/20/10 5/23/11 [Insert page number 

where the document begins].

Paragraph 129.51(a) is amended. 

Section 129.52 ........ Surface coating processes .......... 11/20/10 5/23/11 [Insert page number 

where the document begins].

Paragraph 129.52(j) is added. 

Section 129.52b ...... Control of VOC emissions from 

paper, film, and foil surface 

coating processes.

11/20/10 5/23/11 [Insert page number 

where the document begins].

New section is added. 

* * * * * * * 


jdjones on DSK8KYBLC1PROD with RULES
29652 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations 

* * * * * 

[FR Doc. 2011–12513 Filed 5–20–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0034; FRL–9309–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Missouri; Saint Louis Nonattainment 

Area; Determination of Attainment of 

the 1997 Annual Fine Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action 

determining that the Saint Louis fine 

particle (PM2.5) nonattainment area in 

Illinois and Missouri has attained the 

1997 annual PM2.5 National Ambient 

Air Quality Standard (NAAQS). This 

final determination of attainment is 

based upon quality assured, quality 

controlled, and certified ambient air 

monitoring data for the 2007–2009 

monitoring period which show that the 

Saint Louis area has monitored 

attainment of the 1997 annual PM2.5

NAAQS, as well as quality assured data 

for 2010 that are in EPA’s Air Quality 

System (AQS), but not yet certified, that 

show that the Saint Louis area has 

continued to monitor attainment of the 

1997 annual PM2.5 NAAQS. Pursuant to 

EPA’s PM2.5 implementation 

regulations, this final determination 

suspends the states’ obligation to submit 

a number of plans for this area 

including: An attainment 

demonstration, associated reasonably 

available control measures (RACM), 

including reasonably available control 

technology (RACT), a reasonable further 

progress plan, contingency measures, 

and other planning State 

Implementation Plan (SIP) revisions 

related to attainment of the 1997 annual 

PM2.5 NAAQS for so long as the area 

continues to attain the 1997 annual 

PM2.5 NAAQS. 

EPA’s determination that this area has 

attained the 1997 annual PM2.5 NAAQS 

is not equivalent to redesignating the 

area to attainment. The designation of 

the area will remain nonattainment for 

the 1997 annual PM2.5 NAAQS until 

such time as EPA determines that this 

area meets the Clean Air Act (CAA) 

requirements for redesignation to 

attainment. 

DATES: This final rule is effective on 

May 23, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2010–0034. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, 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 at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

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

Friday, excluding Federal holidays. We 

recommend that you telephone Matt 

Rau, Environmental Engineer, at (312) 

886–6524 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Control 

Strategies Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@epa.gov. 

You may also contact Michael Jay, Air 

Planning and Development Branch, 

Environmental Protection Agency, 

Region 7, 901 North Fifth Street, Kansas 

City, Kansas 66101, (913) 551–7460, 

jay.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What action is EPA taking? 

II. What is the background of this action? 

III. What is EPA’s analysis of the relevant air 

quality data? 

IV. What are EPA’s responses to public 

comments? 

V. What are the effects of this action? 

VI. When is this rule effective? 

VII. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is making a final determination 

that the Saint Louis PM2.5

nonattainment area, in the States of 

Missouri and Illinois, has attained the 

1997 annual PM2.5 NAAQS. EPA 

published its proposed determination 

for the Saint Louis PM2.5 nonattainment 

area on March 7, 2011 (76 FR 12302). 

EPA received one set of comments on its 

proposal from the Interdisciplinary 

Environmental Clinic, Washington 

University School of Law on behalf of 

the American Bottom Conservancy. 

These comments and EPA’s responses 

are found in Section IV of this notice. 

As set forth in the proposal, EPA’s 

determination is based upon quality 

assured, quality controlled, and certified 

ambient air monitoring data from the 

2007–2009 monitoring period and 

additional quality assured, quality 

controlled data in AQS for 2010 which 

show that the Saint Louis area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS. 

II. What is the background of this 

action? 

The proposed rule (76 FR 12302, 

March 7, 2011) sets forth the 

background of this action. The proposed 

rule describes the pertinent PM2.5

NAAQS, the designation of the Saint 

Louis area as nonattainment for the 

1997 annual PM2.5 NAAQS, and the 

effect of determining attainment of this 

standard on the suspension of 

attainment-related planning 

requirements. Details are provided in 

the notice of proposed rulemaking. 

III. What is EPA’s analysis of the 

relevant air quality data? 

In its proposal (76 FR 12302, March 

7, 2011), EPA evaluated data recorded 

in the AQS database for the Saint Louis 

PM2.5 nonattainment area from 2007 to 

2009. Eight monitoring sites in the 

nonattainment area presented complete 

data. The highest design value at these 

sites was 14.1 μg/m3 at monitor 17–119– 

1007 in Madison County, Illinois. EPA 

concluded that the Saint Louis area has 

attained the 1997 annual PM2.5 NAAQS 

based on its evaluation of quality 

assured and certified data from the area 

monitoring sites with complete data for 

the 2007–2009 monitoring period. 

Supplemental, supporting air quality 

data were also considered, as discussed 

in the proposed rule. 

The historical certified data recorded 

at the monitors that were discontinued 

during the 2007–2009 monitoring 

period and recent certified data 

recorded at monitors that started 

operation during the period provide 

additional support for EPA’s 

determination that the Saint Louis area 

has attained the 1997 annual PM2.5

NAAQS. 

EPA also considered additional 

monitoring data for 2010 that have been 

submitted by the states and are in AQS, 

although not yet certified. The 2010 data 

indicate that the Saint Louis area 

continues in attainment for the 2008– 

2010 monitoring period. EPA believes 

that these data show that the area 

continues to meet the 1997 annual PM2.5

NAAQS. 


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