Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations 2991 

■ 2. Add § 165.T08–1121 to read as 

follows: 

§ 165.T08–1121 Safety Zone; Upper 

Mississippi River between miles 109.9 and 

185.5; and Illinois River between miles 0 

and 128.9; MO and IL. 

(a) Location. The following areas are 

safety zones: 

(1) All waters of the Upper 

Mississippi River between miles 109.9 

and 185.5, extending the entire width of 

the river; and 

(2) All waters of the Illinois River 

between miles 0 and 128.9, extending 

the entire width of the river. 

(b) Definitions. Designated 

representative means a Coast Guard 

Patrol Commander, including a Coast 

Guard coxswain, petty officer, or other 

officers operating a Coast Guard vessel 

and a Federal, State, and local officer 

designated by or assisting the Captain of 

the Port (COTP) Upper Mississippi 

River in the enforcement of the safety 

zones. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zones described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM channel 16, 

or through Coast Guard Sector Upper 

Mississippi River at 314–269–2332. 

Those in the safety zones must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement periods. This rule is 

effective from 3:00 p.m. on December 

28, 2015 through 11:59 p.m. on January 

22, 2016, or until waters recede and 

conditions allow for safe navigation, 

whichever occurs first. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcasts notice to mariners of the 

enforcement period for the emergency 

safety zones as well as any changes in 

the dates and times of enforcement. 

Dated: December 28, 2015. 

R.S. Rhodes, 

Commander, U.S. Coast Guard, Alternate 

Captain of the Port Upper Mississippi River. 

[FR Doc. 2016–01017 Filed 1–19–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0475; FRL–9941–36– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Allegheny County’s 

Adoption of Control Techniques 

Guidelines for Four Industry 

Categories for Control of Volatile 

Organic Compound Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is converting a 

conditional approval of a state 

implementation plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania on behalf of the Allegheny 

County Health Department (ACHD) to a 

full approval. This SIP revision includes 

amendments to the ACHD Rules and 

Regulations, Article XXI, Air Pollution 

Control, and meets the requirement to 

adopt reasonably available control 

technology (RACT) for sources covered 

by EPA’s control techniques guidelines 

(CTG) for the following categories: 

miscellaneous metal and/or plastic parts 

surface coating processes; automobile 

and light-duty truck assembly coatings; 

miscellaneous industrial adhesives; and 

fiberglass boat manufacturing materials. 

Upon review of the submittal, EPA 

found that the average monomer volatile 

organic compound (VOC) content limits 

were referenced but not included in the 

regulation for fiberglass boat 

manufacturing materials. ACHD has 

revised the regulation and submitted the 

table of VOC content limits for fiberglass 

boat manufacturing materials to EPA in 

order to address specific RACT 

requirements for Allegheny County. 

Therefore, EPA is converting the 

conditional approval of the revisions to 

the Pennsylvania SIP to a full approval 

in accordance with the requirements of 

the Clean Air Act (CAA). 

DATES: This final rule is effective on 

February 19, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0475. 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 Allegheny County 

Health Department, Bureau of 

Environmental Quality, Division of Air 

Quality, 301 39th Street, Pittsburgh, 

Pennsylvania 15201 and 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 

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 RACT, for 

sources of emissions. Section 

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

nonattainment areas, states must revise 

their SIP to include RACT for sources of 

VOC emissions covered by a CTG 

document issued after November 15, 

1990 and prior to the area’s date of 

attainment. In 2008, EPA developed 

new CTGs for miscellaneous metal and 

plastic parts coatings, automobile and 

light-duty assembly coatings, 

miscellaneous industrial adhesives, and 

fiberglass boat manufacturing materials. 

II. Summary of SIP Revision 

On November 15, 2013, the 

Pennsylvania Department of 

Environmental Protection (PADEP) 

submitted to EPA on behalf of ACHD a 

SIP revision concerning the adoption of 

the EPA CTGs for miscellaneous metal 

and/or plastic parts surface coating 

processes, automobile and light-duty 

truck assembly coatings, miscellaneous 

industrial adhesives, and fiberglass boat 

manufacturing materials in Allegheny 

County. These ACHD regulations, with 

a state effective date of June 8, 2013, are 

contained in the ACHD Rules and 

Regulations, Article XXI, Air Pollution 

Control sections 2105.83 (Control of 

VOC Emissions from Miscellaneous 

Metal and/or Plastic Parts Surface 

Coating Processes), 2105.84 (Control of 

VOC Emissions from Automobile and 

Light-Duty Truck Assembly Coatings), 

2105.85 (Control of VOC Emissions from 

Miscellaneous Industrial Adhesives), 


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2992 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations 

and 2105.86 (Control of VOC Emissions 

from Fiberglass Boat Manufacturing 

Materials) in order to establish: (1) 

Applicability for miscellaneous metal 

and/or plastic parts surface coating 

processes, automobile and light-duty 

truck assembly coatings, miscellaneous 

industrial adhesives, and fiberglass boat 

manufacturing materials; (2) 

exemptions; (3) record-keeping and 

work practice requirements; and (4) 

emission limitations. Upon review of 

the November 15, 2013 submittal, EPA 

found that the table of average monomer 

VOC content limits for fiberglass boat 

manufacturing materials was referenced; 

however, the table was erroneously not 

included in the regulation. Pursuant to 

section 110(k)(4) of the CAA, PADEP 

submitted on behalf of ACHD a letter 

dated July 16, 2014 committing to 

submit a SIP revision to EPA addressing 

this error. 

On March 26, 2013 (78 FR 18241), 

EPA conditionally approved the SIP 

revision concerning the adoption of 

these CTGs. On September 9, 2015, 

PADEP submitted to EPA on behalf of 

ACHD a supplemental SIP revision 

containing the regulation with the 

missing table of average monomer VOC 

content limits, and thereby addressed its 

July 16, 2014 commitment. On 

November 10, 2015, EPA published a 

notice of proposed rulemaking 

converting the conditional approval to a 

full approval. 80 FR 69627. Other 

specific requirements and the rationale 

for EPA’s proposed rulemaking action 

are explained in the NPR and will not 

be restated here. No public comments 

were received on the NPR. 

III. Final Action 

In this rulemaking action, EPA is 

converting to a full approval the 

conditional approval of the 

Commonwealth of Pennsylvania SIP 

revision submitted on November 15, 

2013, as supplemented with the 

September 9, 2015 SIP submittal, which 

consists of amendments to the ACHD 

Rules and Regulations, Article XXI, Air 

Pollution Control for adopting RACT for 

sources covered by EPA’s CTG 

standards for the following categories; 

miscellaneous metal and/or plastic parts 

surface coating processes, automobile 

and light-duty truck assembly coatings, 

miscellaneous industrial adhesives, and 

fiberglass boat manufacturing materials. 

Pursuant to section 110(k)(4) of the 

CAA, the conditional approval was 

based upon a letter from PADEP on 

behalf of ACHD dated July 16, 2014 

committing to submit to EPA an 

additional SIP revision to address the 

deficiency in the regulation for 

fiberglass boat manufacturing materials. 

On September 9, 2015, PADEP on behalf 

of ACHD, submitted a supplemental SIP 

revision containing the table of 

monomer VOC content limits for 

fiberglass boat manufacturing materials. 

EPA has determined that ACHD has 

satisfied this condition. Therefore, EPA 

is removing the conditional nature of its 

approval and replacing it with a full 

approval of Allegheny County’s 

adoption of CTGs for miscellaneous 

metal and/or plastic parts surface 

coating processes, automobile and lightduty truck assembly coatings, 

miscellaneous industrial adhesives, and 

fiberglass boat manufacturing materials. 

IV. Incorporation by Reference 

In this rulemaking, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference the ACHD regulations 

regarding control of VOC emissions 

discussed in section II of this preamble. 

EPA has made, and will continue to 

make, these documents generally 

available through www.regulations.gov 

and/or may be viewed at the EPA 

Region III office (see the ADDRESSES

section of this preamble for more 

information). 

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 conditionally 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 March 21, 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 


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Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations 2993 

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 pertaining to ACHD’s 

adoption of CTG standards for 

miscellaneous metal and/or plastic parts 

surface coating processes, automobile 

and light-duty truck assembly coatings, 

miscellaneous industrial adhesives, and 

fiberglass boat manufacturing materials 

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: December 30, 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 NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(c)(2) is amended by revising the entries 

for ‘‘2105.83,’’ ‘‘2105.84,’’ ‘‘2105.85,’’ 

and ‘‘2105.86’’ under part E, subpart 7. 

The revisions read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(2) * * * 

Article XX or 

XXI citation Title/subject State effective date EPA approval date Additional explanation/ § 52.2063 citation 

*******

Part E—Source Emission and Operating Standards 

*******

Subpart 7—Miscellaneous VOC Sources 

*******

2105.83 ........... Control of VOC Emissions from Miscellaneous 

Metal and/or Plastic Parts Surface Coating Processes.

6/8/13 1/20/16 [Insert Federal 

Register Citation].

New regulation. 

2105.84 ........... Control of VOC Emissions from Automobile and 

Light-Duty Truck Assembly Coatings.

6/8/13 1/20/16 [Insert Federal 

Register Citation].

New regulation. 

2105.85 ........... Control of VOC Emissions from Miscellaneous Industrial Adhesives.6/8/13 1/20/16 [Insert Federal 

Register Citation].

New regulation. 

2105.86 ........... Control of VOC Emissions from Fiberglass Boat 

Manufacturing Materials.

6/19/15 1/20/16 [Insert Federal 

Register Citation].

New regulation. 

*******

* * * * * 

§ 52.2023 [Amended] 

■ 3. Section 52.2023 is amended by 

removing paragraph (m). 

[FR Doc. 2016–00656 Filed 1–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2014–0636; FRL–9940–83– 

Region 9] 

Designation of Areas for Air Quality 

Planning Purposes; California; San 

Joaquin Valley; Reclassification as 

Serious Nonattainment for the 2006 

PM2.5 NAAQS 

AGENCY: U.S. Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

reclassify the San Joaquin Valley (SJV) 

Moderate nonattainment area, including 

areas of Indian country within it, as a 

Serious nonattainment area for the 2006 

PM2.5 national ambient air quality 

standards (NAAQS), based on the EPA’s 

determination that the area cannot 

practicably attain these NAAQS by the 

applicable attainment date of December 

31, 2015. As a consequence of this 

reclassification, California must submit, 

no later than 18 months from the 

effective date of this reclassification, a 

Serious area attainment plan including 

a demonstration that the plan provides 

for attainment of the 2006 24-hour PM2.5

standards in the SJV area as 

expeditiously as practicable and no later 

than December 31, 2019. The State must 

also submit, no later than 12 months 

after the effective date of this 

reclassification, nonattainment new 

source review (NNSR) SIP revisions to 

implement the 2006 PM2.5 NAAQS in 

the SJV area, to the extent those 

requirements have not previously been 

met. 

DATES: This rule is effective on February 

19, 2016. 

ADDRESSES: The EPA has established 

docket number EPA–R09–OAR–2014– 

0636 for this action. Generally, 

documents in the docket for this action 

are available electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be publicly available in either 

location (e.g., confidential business 

information (CBI)). To inspect the 

docket materials in person, please 

schedule an appointment during normal 

business hours with the contact listed in 

the FOR FURTHER INFORMATION CONTACT

section. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, Air Planning Office (AIR– 

2), U.S. Environmental Protection 

Agency, Region 9, (415) 947–4192, 

tax.wienke@epa.gov. 


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