Federal Register / Vol. 77, No. 186 / Tuesday, September 25, 2012 / Rules and Regulations 58953 

Vermont Ave. NW., Washington, DC 

20420; (202) 461–1599. (This is not a 

toll-free number.) 

SUPPLEMENTARY INFORMATION: In a direct 

final rule published in the Federal 

Register on March 6, 2012, 77 FR 13195, 

VA amended 38 CFR 17.108 to 

eliminate copayments for in-home video 

telehealth. VA published a companion 

substantially identical proposed rule at 

77 FR 13236 on the same date to serve 

as a proposal for the provisions in the 

direct final rule in case adverse 

comments were received. The direct 

final rule and proposed rule each 

provided a 30-day comment period that 

ended on April 5, 2012. No adverse 

comments were received. Two 

comments that supported the 

rulemaking were received from 

members of the general public. 

Under the direct final rule procedures 

that were described in 77 FR 13195 and 

77 FR 13236, the direct final rule 

became effective on May 7, 2012, 

because no significant adverse 

comments were received within the 

comment period. In a companion 

document in this issue of the Federal 

Register, VA is withdrawing the 

proposed rulemaking, RIN 2900–AO27, 

published at 77 FR 13236, as 

unnecessary. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on September 18, 2012, for 

publication. 

Dated: September 19, 2012. 

Robert C. McFetridge, 

Director, Office of Regulation Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

[FR Doc. 2012–23513 Filed 9–24–12; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0847; FRL–9731–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Control Technique 

Guidelines for Plastic Parts, Metal 

Furniture, Large Appliances, and 

Miscellaneous Metal Parts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the Delaware State Implementation Plan 

(SIP) submitted by the State of Delaware 

through the Delaware Department of 

Natural Resources and Environmental 

Control (DNREC). The revisions amend 

Delaware’s regulation for the Control of 

Volatile Organic Compounds (VOC) for 

sources covered by EPA’s Control 

Techniques Guidelines (CTG) standards 

for the following categories: Plastic 

Parts, Metal Furniture, Large 

Appliances, and Miscellaneous Metal 

Parts. 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 CTGs in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: Effective Date: This final rule is 

effective on October 25, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0847. 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 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 July 13, 2012 (77 FR 41337), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of the Delaware SIP revision that 

amends Regulation No. 1124, Control of 

Volatile Organic Compounds, sections 

2.0 ‘‘Definitions,’’ 12.0 ‘‘Surface 

Coating of Plastic Parts,’’ 19.0 ‘‘Coating 

of Metal Furniture,’’ 20.0 ‘‘Coating of 

Large Appliances,’’ and 22.0 ‘‘Coating 

of Miscellaneous Metal Parts,’’ to 

incorporate the requirements of EPA’s 

CTGs. CTGs are documents issued by 

EPA that provide guidance to states 

concerning what types of controls could 

constitute RACT for VOC from various 

sources, including the coating of plastic 

parts, metal furniture, large appliances, 

and miscellaneous metal parts. EPA 

requires all ozone nonattainment areas 

to update regulations for emission 

sources covered in an EPA CTG and to 

submit the regulations to EPA for 

approval as SIP revisions. These 

amendments will reduce the VOC 

content of currently regulated coatings, 

regulate additional coating categories, 

require the use of coating application 

equipment that provides for high 

transfer efficiency, and require that 

clean-up solvent emissions be included 

in regulatory applicability 

determinations. 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 April 1, 2010 and March 9, 

2012. 

II. Summary of SIP Revision 

The SIP revision consists of the 

following revisions to Delaware’s 

Regulation No. 1124: (1) Amendments 

to section 2.0—Definitions, which adds 

definitions; (2) amendments to section 

12.0—Surface Coating of Plastic Parts, 

which establishes applicability for every 

owner or operator of any plastic parts or 

products coating units, adds, revises, 

and deletes definitions, specifies 

standards and exemptions, and specifies 

control devices, test methods, 

compliance certification, recordkeeping, 

and reporting requirements; (3) 

amendments to section 19.0—Coating of 

Metal Furniture, which establishes 

applicability to every owner or operator 

of any metal furniture coating unit, 

revises a definition, specifies standards 

and exemptions, and specifies control 

devices, test methods, compliance 

certification, recordkeeping, and 

reporting requirements; (4) amendments 

to section 20.0—Coating of Large 

Appliances, which establishes 


emcdonald on DSK67QTVN1PROD with RULES
58954 Federal Register / Vol. 77, No. 186 / Tuesday, September 25, 2012 / Rules and Regulations 

applicability to every owner or operator 

of any large appliance coating unit, 

revises a definition, specifies standards 

and exemptions, and specifies control 

devices, test methods, compliance 

certification, recordkeeping, and 

reporting requirements; and (5) 

amendments to section 22.0—Coating of 

Miscellaneous Metal Parts, which 

establishes applicability to every owner 

or operator of any miscellaneous metal 

parts and products coating unit, adds, 

revises, and deletes definitions, 

specifies standards and exemptions, and 

specifies control devices, test methods, 

compliance certification, recordkeeping, 

and reporting requirements. 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 as a revision to the 

Delaware SIP the revisions to 7 DE 

Administrative Code 1124, sections 2.0, 

12.0, 19.0, 20.0, and 22.0 for the control 

of VOC emissions from plastic parts, 

metal furniture, large appliances, and 

miscellaneous metal parts. 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); 

• 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 November 26, 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 plastic parts, 

metal furniture, large appliances, and 

miscellaneous metal parts 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: September 7, 2012. 

Shawn M. Garvin, 

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 2.0, 12.0, 

19.0, 20.0, and 22.0 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 

. *******


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Federal Register / Vol. 77, No. 186 / Tuesday, September 25, 2012 / Rules and Regulations 58955 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP—Continued 

State regulation (7 

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

1124 Control of Volatile Organic Compound Emissions 

*******

Section 2.0 .............. Definitions .............................................. 4/11/10 9/25/12 [Insert page number where the 

document begins].

Amended to add 

definitions. 

*******

Section 12.0 ............ Surface Coating of Plastic Parts ............ 10/11/11 9/25/12 [Insert page number where the 

document begins].

*******

Section 19.0 ............ Coating of Metal Furniture ..................... 10/11/11 9/25/12 [Insert page number where the 

document begins].

Section 20.0 ............ Coating of Large Appliances ................. 10/11/11 9/25/12 [Insert page number where the 

document begins].

*******

Section 22.0 ............ Coating of Miscellaneous Metal Parts ... 10/11/11 9/25/12 [Insert page number where the 

document begins].

*******

* * * * * 

[FR Doc. 2012–23495 Filed 9–24–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0159; FRL–9731–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Commonwealth of Pennsylvania; 

Section 110(a)(2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone and the 1997 and 2006 Fine 

Particulate Matter National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving submittals 

from the Commonwealth of 

Pennsylvania pursuant to the Clean Air 

Act (CAA). Whenever new or revised 

National Ambient Air Quality Standards 

(NAAQS) are promulgated, the CAA 

requires states to submit a plan for the 

implementation, maintenance and 

enforcement of such NAAQS. The plan 

is required to address basic program 

elements including, but not limited to, 

regulatory structure, monitoring, 

modeling, legal authority, and adequate 

resources necessary to assure attainment 

and maintenance of the standards. 

These elements are referred to as 

infrastructure requirements. 

Pennsylvania has made submittals 

addressing the infrastructure 

requirements for the 1997 8-hour ozone 

and fine particulate matter (PM2.5) 

NAAQS and the 2006 PM2.5 NAAQS. 

This action approves those submittals, 

or portions thereof. 

DATES: This final rule is effective on 

October 25, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0159. 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 Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Ruth Knapp, (215) 814–2191, or by 

email at knapp.ruth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. 

I. Background 

On September 1, 2011 (76 FR 54410), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 

NPR proposed approval of 

Pennsylvania’s submittals that provide 

the infrastructure elements specified in 

CAA section 110(a)(2)(A), (B), (C), (D), 

(E), (F), (G), (H), (J), (K), (L), and (M), or 

portions thereof, necessary to 

implement, maintain, and enforce the 

1997 8-hour ozone and PM2.5 NAAQS 

and the 2006 PM2.5 NAAQS. The 

submittals by the Commonwealth of 

Pennsylvania dated December 7, 2007 

and June 6, 2008 addressed the section 

110(a)(2) requirements for the 1997 8- 

hour ozone NAAQS. The submittals 

dated December 7, 2007, June 6, 2008, 

and April 26, 2010 addressed the 

section 110(a)(2) requirements for the 

1997 PM2.5 NAAQS. Finally, the 

submittals dated April 26, 2010 and 

May 24, 2011 addressed the section 

110(a)(2) requirements for the 2006 

PM2.5 NAAQS. 

II. Summary of SIP Revision 

The submittals referenced in the 

Background section above address the 

infrastructure elements specified in 

CAA section 110(a)(2) as applicable. 

These submittals provide for the 

implementation, maintenance, and 

enforcement of the 1997 8-hour ozone 

NAAQS, the 1997 PM2.5 NAAQS, and 

the 2006 PM2.5 NAAQS. The rationale 

supporting EPA’s proposed action 


emcdonald on DSK67QTVN1PROD with RULES