Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations 76861 

daily for two three-day periods, 

occurring January 13 through 15, and 

daily January 20 through 22, 2016. At all 

other times, the bridge will operate in 

accordance with 33 CFR 117.440(b). 

The Burlington Northern Santa Fe 

Railroad requested a temporary 

deviation for the operation of the 

drawbridge to accommodate 

rehabilitation work involving rest pivot 

piers and swing span change out, an 

extensive but necessary maintenance 

operation. Navigation on the waterway 

consists of tugs with tows, fishing 

vessels and recreational crafts. 

The Coast Guard has coordinated the 

closure with waterway users, industry, 

and other Coast Guard units and 

determined that this closure will not 

have a significant effect on vessel traffic. 

During this deviation for bridge 

rehabilitation, vessels will not be 

allowed to pass through the bridge 

during the eight-hour closures each day 

as stated above. Many of the vessels that 

currently require an opening of the draw 

will be able to pass using the opposite 

channel from 3 p.m. to 7 a.m. when the 

deviations are not in effect. The bridge 

will not be able to open for emergencies 

and there is no immediate alternate 

route for vessels to pass. The Coast 

Guard will also inform the users of the 

waterways through our Local and 

Broadcast Notices to Mariners of the 

change in operating schedule for the 

bridge so that vessels can arrange their 

transits to minimize any impact caused 

by 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: December 7, 2015. 

David M. Frank, 

Bridge Administrator, Eighth Coast Guard 

District. 

[FR Doc. 2015–31297 Filed 12–10–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0530; FRL–9939–99– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Maryland’s Negative 

Declaration for the Automobile and 

Light-Duty Truck Assembly Coatings 

Control Techniques Guidelines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland. 

This revision pertains to a negative 

declaration for the Automobile and 

Light-Duty Truck Assembly Coatings 

Control Techniques Guidelines (CTG). 

EPA is approving this revision in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

January 11, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2015–0530. 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 through www.regulations.gov 

or may be viewed 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 Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

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 reasonably 

available control technology (RACT), for 

sources of emissions. Section 

182(b)(2)(A) provides that for certain 

ozone nonattainment areas, states must 

revise their SIP 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. 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 documents issued by EPA 

intended to provide state and local air 

pollution control authorities 

information to assist them in 

determining RACT for VOCs from 

various sources. Section 183(e)(3)(c) 

provides that EPA may issue a CTG in 

lieu of a national regulation as RACT for 

a product category where EPA 

determines that the CTG will be 

substantially as effective as regulations 

in reducing emissions of VOCs, which 

contribute to ozone levels, in ozone 

nonattainment areas. The 

recommendations in the CTG are based 

upon available data and information 

and may not apply to a particular 

situation based upon the circumstances. 

In 1977, EPA published a CTG for 

automobile and light-duty truck 

assembly coatings. After reviewing the 

1977 CTG for this industry, conducting 

a review of currently existing state and 

local VOC emission reduction 

approaches for this industry, and taking 

into account any information that has 

become available since then, EPA 

developed a new CTG entitled Control 

Techniques Guidelines for Automobile 

and Light-duty Assembly Coatings 

(Publication No. EPA 453/R–08–006; 

September 2008). 

States can follow the CTG and adopt 

state regulations to implement the 

recommendations contained therein. 

Alternatively, states can adopt a 

negative declaration documenting that 

there are no sources or emitting 

facilities within the state to which the 

CTG is applicable. The negative 

declaration must go through the same 

public review process as any other SIP 

submittal. 

II. Summary of SIP Revision 

On July 15, 2015, EPA received from 

the Maryland Department of the 

Environment (MDE) a SIP revision 

(#15–03), dated June 25, 2015, 

concerning a negative declaration for 

the Automobile and Light-Duty Truck 

Assembly Coatings CTG. MDE stated 

that the state previously had one source 

to which this CTG was applicable; 


tkelley on DSK9F6TC42PROD with RULES
76862 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations 

however, the source had permanently 

shut down and dismantled all their 

equipment as of September 2005. EPA 

reviewed an inspection report provided 

by MDE indicating that the sole source 

to which this CTG would have been 

applicable did indeed permanently shut 

down in 2005. Additionally, EPA 

conducted an internet search of key 

terms relevant to the Automobile and 

Light-Duty Truck Assembly Coatings 

CTG and confirmed that there are no 

sources or emitting facilities in the State 

of Maryland to which this CTG is 

applicable. On October 6, 2015 (80 FR 

60318), EPA published a notice of 

proposed rulemaking (NPR) for the State 

of Maryland proposing approval of the 

negative declaration for the Automobile 

and Light-Duty Truck Assembly 

Coatings CTG. No public comments 

were received on the NPR. 

III. Final Action 

EPA is approving the Maryland SIP 

revision concerning the negative 

declaration for the Automobile and 

Light-Duty Truck Assembly Coatings 

CTG, which was submitted on June 25, 

2015, as a revision to the Maryland SIP 

in accordance with sections 172 (c), 182 

(b), and 183 (e) of the CAA. 

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); 

• 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 February 9, 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 Maryland’s 

negative declaration for the Automobile 

and Light-Duty Truck Assembly 

Coatings CTG 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, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: November 25, 2015. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V—Maryland 

In § 52.1070, the table in paragraph (e) 

is amended by adding the entry, 

‘‘Negative Declaration for the 

Automobile and Light-Duty Truck 

Assembly Coatings CTG,’’ at the end of 

the table to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e)* * * 


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Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations 76863 

Name of 

non-regulatory 

SIP revision 

Applicable geographic area 

State 

submittal 

date 

EPA Approval date Additional explanation 

*******

Negative Declaration for the Automobile and LightDuty Truck Assembly Coatings 

CTG.

Statewide ........................... 6/25/15 12/11/15 [Insert Federal Register 

citation].

[FR Doc. 2015–31203 Filed 12–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0563; FRL–9939–80– 

Region 5] 

Air Plan Approval; Minnesota; 

Transportation Conformity Procedures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision for 

carbon monoxide (CO), submitted by the 

State of Minnesota on July 16, 2015. The 

purpose of this revision is to establish 

transportation conformity criteria and 

procedures related to interagency 

consultation, and enforceability of 

certain transportation related control 

and mitigation measures. 

DATES: This direct final rule will be 

effective February 9, 2016, unless EPA 

receives adverse comments by January 

11, 2016. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2015–0563, by one of the 

following methods: 

1. www.regulations.gov: Follow the on 

line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR 18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR 18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2015– 

0563. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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 docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

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 Michael 

Leslie, Environmental Engineer, at (312) 

353–6680 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Michael Leslie, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR 18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.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 is the background for this action? 

II. What is EPA’s analysis of Minnesota’s SIP 

revision? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

Transportation conformity is required 

under section 176(c) of the Clean Air 

Act (Act) to ensure that transportation 

planning activities are consistent with 

(‘‘conform to’’) air quality planning 

goals in nonattainment/maintenance 

areas. The transportation conformity 

regulation is found in 40 CFR 93 and 

provisions related to transportation 

conformity SIPs are found in 40 CFR 

51.390. Transportation conformity 

applies to areas that are designated 

nonattainment or maintenance for the 

following transportation related criteria 

pollutants: Ozone, particulate matter, 

CO, and nitrogen dioxide. The 

Minneapolis-St. Paul area is currently 

maintenance for CO. 


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