Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Proposed Rules 5207 

(c) Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

(d) Whether the rule raises novel legal 

or policy issues. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) requires 

preparation of flexibility analyses for 

rules that will have a significant effect 

on a substantial number of small 

entities, which include small 

businesses, organizations, or 

governmental jurisdictions. In general, 

the resources to be harvested under this 

proposed rule are already being 

harvested and consumed by the local 

harvester and do not result in an 

additional dollar benefit to the 

economy. Therefore, the Departments 

certify that this rulemaking will not 

have a significant economic effect on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act. 

Small Business Regulatory Enforcement 

Fairness Act 

Under the Small Business Regulatory 

Enforcement Fairness Act (5 U.S.C. 801 

et seq.), this proposed rule is not a major 

rule. It does not have an effect on the 

economy of $100 million or more, will 

not cause a major increase in costs or 

prices for consumers, and does not have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. 

Executive Order 12630 

Title VIII of ANILCA requires the 

Secretaries to administer a subsistence 

priority on public lands. The scope of 

this program is limited by definition to 

certain public lands. Likewise, these 

regulations have no potential takings of 

private property implications as defined 

by Executive Order 12630. 

Unfunded Mandates Reform Act 

The Secretaries have determined and 

certify pursuant to the Unfunded 

Mandates Reform Act, 2 U.S.C. 1502 et 

seq., that this rulemaking will not 

impose a cost of $100 million or more 

in any given year on local or State 

governments or private entities. The 

implementation of this proposed rule is 

by Federal agencies and there is no cost 

imposed on any State or local entities or 

tribal governments. 

Executive Order 12988 

The Secretaries have determined that 

these regulations meet the applicable 

standards provided in §§ 3(a) and 3(b)(2) 

of Executive Order 12988, regarding 

civil justice reform. 

Executive Order 13132 

In accordance with Executive Order 

13132, the proposed rule does not have 

sufficient Federalism implications to 

warrant the preparation of a Federalism 

Assessment. Title VIII of ANILCA 

precludes the State from exercising 

subsistence management authority over 

fish and wildlife resources on Federal 

lands unless it meets certain 

requirements. 

Executive Order 13175 

The Alaska National Interest Lands 

Conservation Act does not provide 

rights to tribes for the subsistence taking 

of wildlife, fish, and shellfish. However, 

the Board will provide Federally 

recognized Tribes and Alaska Native 

corporations an opportunity to consult 

on this proposed rule. Consultation with 

Alaska Native corporations are based on 

Public Law 108–199, div. H, Sec. 161, 

Jan. 23, 2004, 118 Stat. 452, as amended 

by Public Law 108–447, div. H, title V, 

Sec. 518, Dec. 8, 2004, 118 Stat. 3267, 

which provides that: ‘‘The Director of 

the Office of Management and Budget 

and all Federal agencies shall hereafter 

consult with Alaska Native corporations 

on the same basis as Indian tribes under 

Executive Order No. 13175.’’ 

The Secretaries, through the Board, 

will provide a variety of opportunities 

for consultation: commenting on 

proposed changes to the existing rule; 

engaging in dialogue at the Council 

meetings; engaging in dialogue at the 

Board’s meetings; and providing input 

in person, by mail, email, or phone at 

any time during the rulemaking process. 

Executive Order 13211 

This Executive Order requires 

agencies to prepare Statements of 

Energy Effects when undertaking certain 

actions. However, this proposed rule is 

not a significant regulatory action under 

E.O. 13211, affecting energy supply, 

distribution, or use, and no Statement of 

Energy Effects is required. 

Drafting Information 

Theo Matuskowitz drafted these 

regulations under the guidance of Peter 

J. Probasco of the Office of Subsistence 

Management, Alaska Regional Office, 

U.S. Fish and Wildlife Service, 

Anchorage, Alaska. Additional 

assistance was provided by: 

• Daniel Sharp, Alaska State Office, 

Bureau of Land Management; 

• Sandy Rabinowitch and Nancy 

Swanton, Alaska Regional Office, 

National Park Service; 

• Dr. Glenn Chen, Alaska Regional 

Office, Bureau of Indian Affairs; 

• Jerry Berg, Alaska Regional Office, 

U.S. Fish and Wildlife Service; and 

• Steve Kessler, Alaska Regional 

Office, U.S. Forest Service. 

List of Subjects 

36 CFR Part 242 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

50 CFR Part 100 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

Proposed Regulation Promulgation 

For the reasons setout in the 

preamble, the Federal Subsistence 

Board proposes to amend 36 CFR part 

242 and 50 CFR part 100 for the 2013– 

14 and 2014–15 regulatory years. The 

text of the proposed amendments to 36 

CFR 242.24, 242.27, and 242.28 and 50 

CFR 100.24, 100.27, and 100.28 is the 

finalrule for the 2011–13 regulatory 

period (76 FR 12564; March 8, 2011), 

and the text of the proposed 

amendments to 36 CFR242.25 and 50 

CFR 100.25 is the final rule for the 

2010–11 and 2011–12wildlife regulatory 

period (75 FR 37918; June 30, 2010), as 

modified by anysubsequent Federal 

Subsistence Board action during 

meetings held February 7 through 

March 23, 2012. 

Dated: January 12, 2012. 

Peter J. Probasco, 

Acting Chair, Federal Subsistence Board. 

Dated: January 12, 2012. 

Steve Kessler, 

Subsistence Program Leader, USDA–Forest 

Service. 

[FR Doc. 2012–2008 Filed 2–1–12; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0998; FRL–9625–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Amendments to the 

Handling, Storage, and Disposal of 

Volatile Organic Compounds 

Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
5208 Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Proposed Rules 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Delaware. This SIP revision amends the 

control of volatile organic compound 

(VOC) emissions from industrial 

cleaning solvents facilities, automobile 

and light-duty truck coating operations, 

paper, film, foil coating units, flat wood 

paneling products, and flexible 

packaging printing presses. This action 

is being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before March 5, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0998 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0998, 

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 No. EPA–R03–OAR–2011– 

0998. 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 

electronic docket are listed in the 

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 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 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: On June 

20, 2011, EPA received a revision to the 

Delaware SIP submitted by the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC). The 

SIP revision updates regulations in 7 DE 

Admin. Code 1124—Control of Volatile 

Organic Compound Emissions to 

implement reasonably available control 

technology (RACT) controls on emission 

sources covered by EPA’s control 

techniques guidelines (CTG). 

I. Background 

Section 182(b)(2) of the CAA requires 

all ozone nonattainment areas, 

including Delaware, to update relevant 

regulations for RACT controls for 

emission sources covered by EPA’s CTG 

and to submit the regulations to EPA as 

SIP revisions. The SIP revision 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. 

Sections 8.0, 13.0, 16.0, 23.0, 37.0, 

and 45.0 of 7 DE Admin. Code 1124 

were originally developed in the 1990’s 

based on EPA’s CTGs. From September 

2006 to September 2008, EPA updated 

relevant CTGs affecting these sections to 

reflect technology developments and 

expand VOC emission controls. As a 

result, DNREC revised these to reflect 

the new requirements in EPA’s CTGs 

into existing Delaware Regulation 1124. 

II. Summary of SIP Revision 

DNREC’s SIP revision to section 8.0 

establishes a (1) new VOC content limit 

applicable for cleaning solvents used in 

facilities regulated under Regulation 

1124; (2) adds definitions and terms; (3) 

establishes exemptions; (4) updates 

existing work practice standards; (5) 

establishes control requirements; and (6) 

establishes test methods, procedures 

and recordkeeping requirements based 

on EPA CTGs. 

Amendments to section 13.0 establish 

(1) applicability for specific automobile 

and light-duty truck coating operations; 

(2) specify a transition period for 

existing permitted sources for every 

owner or operator of any automobile or 

light-duty truck assembly plant; (3) add 

and update definitions and terms; (4) 

update daily-weighted average 

limitation and control devices; (5) 

update compliance procedures; (6) and 

update test methods, procedures and 

recordkeeping requirements. 

The SIP revision amends section 16.0 

to (1) add ‘‘Film, and Foil,’’ now 

entitled ‘‘Paper, Film, and Foil Coating; 

(2) establish applicability to any paper, 

film, or foil coating unit; (3) add 

exemptions for any coating unit in-line 

with any offset lithographic, screen, 

letterpress, flexographic, rotogravure, or 

digital printing operations; (4) add a 

transition period for existing permitted 

sources for every owner or operator of 

any paper coating unit; (5) add and 

update definitions and terms; (6) set 

VOC content limit standards; (7) update 

daily-weighted average limitation and 

control devices; (8) and update 

recordkeeping and reporting 

requirements. 

DNREC’s SIP revision to section 23.0 

adds (1) tileboard panels and exterior 

sidings to the flat wood paneling 

product category and establishes VOC 

emission limits; (2) establishes more 

stringent emission limits to previously 

existing flat wood paneling products: 

Printed interior panels, natural finish 

panels, and Class II finish panels; (3) 

sets requirements that no owner or 

operator of a flat wood paneling coating 

line subject to the regulation for flat 

wood paneling coating shall allow VOC 

emissions in excess of the emission 

limits in Table 1 below; (4) deletes a 

regulation that did not require Class I 


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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Proposed Rules 5209 

hardboard paneling finishes, particle 

board used in furniture, insulation 

board, exterior siding, tileboard, and 

softwood plywood coating lines to 

apply to flat wood paneling coating 

standards; (5) adds work practice 

standards; (6) updates control devices; 

and (7) updates test methods and 

efficiency of control systems, and 

recordkeeping and reporting 

requirements. 

TABLE 1—VOC EMISSION LIMITS FROM FLAT WOOD PANELING COATINGS

Flat wood paneling product category 

VOC content limits in 

coatings, inks, or adhesives 

being applied 

pounds/gallon 

(lb/gal) 

grams/liter 

(g/L) 

Printed interior panels made of hardwood, plywood, or thin particleboard ................................................................ *2.1 250 

Natural finish hardwood plywood panels ..................................................................................................................... 2.1 250 

Class II finishes on hardboard panels ......................................................................................................................... 2.1 250 

Tileboard ...................................................................................................................................................................... 2.1 250 

Exterior siding .............................................................................................................................................................. 2.1 250 

* This limit of 2.1 lb/gal is equivalent to 5.0 lb VOC per 1,000 square feet coating area. 

Amendments to section 37.0 establish 

(1) provisions for flexible packaging 

printing presses; (2) add a transition 

period for existing permitted sources for 

every owner or operator of any flexible 

package printing facility; (3) add 

definitions and terms; (4) establish 

efficiency requirements for control 

systems to be installed on the flexible 

packaging printing presses; and (5) 

update recordkeeping and reporting 

requirements. 

The SIP revision amends section 45.0 

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. A detailed summary of EPA’s 

review 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 www.regulations.gov, Docket 

number EPA–R03–OAR–2011–0998. 

III. Proposed Action 

EPA is proposing to approve the 

Delaware SIP revision for the control of 

VOC emissions from industrial cleaning 

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

film, 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) submitted on 

June 20, 2011. 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 Regulation 7 

DE Admin. Code 1124—Control of 

Volatile Organic Compound Emissions, 

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: January 17, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–2333 Filed 2–1–12; 8:45 am] 

BILLING CODE 6560–50–P 


tkelley on DSK3SPTVN1PROD with PROPOSALS