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[Federal Register Volume 77, Number 186 (Tuesday, September 25, 2012)]
[Rules and Regulations]
[Pages 58953-58955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23495]

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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.

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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

[[Page 58954]]

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]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart I--Delaware

0
2. In Sec.  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:

Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
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   State regulation (7 DNREC                                 State                                 Additional
             1100)                   Title/subject      effective date     EPA approval date       explanation
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                                                  * * * * * * *
 
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[[Page 58955]]

 
                               1124 Control of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 2.0...................  Definitions...........         4/11/10  9/25/12 [Insert page    Amended to add
                                                                         number where the        definitions.
                                                                         document begins].
 
                                                  * * * * * * *
Section 12.0..................  Surface Coating of            10/11/11  9/25/12 [Insert page    ................
                                 Plastic Parts.                          number where the
                                                                         document begins].
 
                                                  * * * * * * *
Section 19.0..................  Coating of Metal              10/11/11  9/25/12 [Insert page    ................
                                 Furniture.                              number where the
                                                                         document begins].
Section 20.0..................  Coating of Large              10/11/11  9/25/12 [Insert page    ................
                                 Appliances.                             number where the
                                                                         document begins].
 
                                                  * * * * * * *
Section 22.0..................  Coating of                    10/11/11  9/25/12 [Insert page    ................
                                 Miscellaneous Metal                     number where the
                                 Parts.                                  document begins].
 
                                                  * * * * * * *
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[FR Doc. 2012-23495 Filed 9-24-12; 8:45 am]
BILLING CODE 6560-50-P
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