59090 Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 

accompanying individuals at all phases 

of the transplant process. 

(Authority: 38 U.S.C. 501, 1708, 1710(a)) 

§ 60.15 Application process. 

(a) Obtaining and submitting the 

application. VA Form 10–0408A is the 

application for Fisher House and other 

temporary lodging. Applications may be 

submitted by mail, telephone, facsimile, 

in person, or electronically. VA Form 

10–0408A is available from any VA 

health care facility or may be obtained 

online at http://vaww4.va.gov/vaforms/ 

medical/pdf/vha-10–0408A-fill.pdf. The 

completed application must be 

submitted as follows: 

(1) For Fisher House lodging, to the 

Fisher House Manager at the VA health 

care facility of jurisdiction. 

(2) For other temporary lodging, to the 

temporary lodging program coordinator 

at the VA health care facility of 

jurisdiction. 

(b) Processing applications. (1) 

Applications are generally processed in 

the order that they are received by VA, 

and temporary lodging is then granted 

on a first come first serve basis; 

however, in extraordinary 

circumstances, such as imminent death, 

critical injury, or organ donation 

applications may be processed out of 

order. 

(2) Temporary lodging is granted on a 

space-available basis, with some 

consideration given to the compatibility 

of the applicant(s) and the room(s) 

available. For example, although VA 

may require an applicant to share a 

room with another veteran’s 

accompanying individual, VA would 

not do so if the persons affected are not 

the same gender. 

(3) Temporary lodging at a VA health 

care facility, such as non-utilized beds 

in a VA health care facility, may be 

made available only if not barred by law 

and if the Director of the VA health care 

facility determines that such action 

would not have a negative impact on 

patient care. Non-utilized beds provided 

to accompanying individuals must be 

reassigned to VA patients when 

necessary. 

(4) The Director of the VA health care 

facility of jurisdiction will determine 

whether local funding is sufficient to 

allow the use of temporary lodging in 

hotels and motels. 

(5) Subject to all criteria provided in 

this part, the person responsible for 

coordinating the Fisher House and other 

temporary lodging program(s) at the VA 

health care facility of jurisdiction is 

responsible for making decisions to 

grant temporary lodging. These 

decisions are considered to be final VA 

decisions concerning individual 

medical treatment plans and the 

scheduling and use of VA lodging 

facilities, and they are not appealable to 

the Board of Veterans’ Appeals. 

(6) If VA denies an application for one 

type of lodging, such as at a Fisher 

House, the application will be 

considered for other temporary lodging 

and vice versa, if the applicant is 

eligible. 

(7) If VA denies the application for all 

types of temporary lodging, VA will 

refer the application to a VA social 

worker at the VA health care facility of 

jurisdiction to determine if other 

arrangements can be made. 

(c) Costs for Fisher House and other 

temporary lodging under this part are 

borne by VA. 

(Authority: 38 U.S.C. 501, 1708) 

(The Office of Management and Budget has 

approved the information collection 

requirements in this section under OMB 

control number 2900–0630) 

§ 60.20 Duration of Fisher House or other 

temporary lodging. 

Fisher House or other temporary 

lodging may be awarded for the 

following periods: 

(a) While the veteran is undergoing an 

episode of care. 

(b) While the veteran is hospitalized, 

if the veteran is admitted to a VA health 

care facility while undergoing an 

outpatient episode of care for which 

temporary lodging was already 

provided. 

(c) As extended by the appropriate VA 

clinician or social worker based on an 

emergency situation or unforeseen 

circumstances. 

(d) For an indefinite period for 

accompanying individuals who are 

visiting veterans hospitalized for an 

indefinite period, provided that the 

accompanying individual is not using a 

VA health care facility bed. Whether a 

veteran is hospitalized for an indefinite 

period will be based upon the treatment 

or rehabilitation needs of the veteran as 

determined by the veteran’s health care 

team. 

(e) Temporary lodging may be 

furnished the night before the day of a 

scheduled appointment if, the veteran 

leaving home after 8:00 a.m., would be 

unable to arrive at the VA health care 

facility by the time of the scheduled 

appointment. 

(f) Temporary lodging may be 

furnished the night of the scheduled 

appointment if, after the appointment, 

the veteran would be unable to return 

home before 7:00 p.m. When a veteran 

is undergoing outpatient treatment or 

procedures the veteran and 

accompanying individual(s) may be 

furnished temporary lodging for the 

duration of the episode of care subject 

to limitations described in this section. 

(Authority: 38 U.S.C. 501, 1708) 

[FR Doc. 2012–23730 Filed 9–25–12; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0617; FRL–9731–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Adhesives and Sealants 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a revision to 

Pennsylvania’s State Implementation 

Plan (SIP). The SIP revision was 

submitted by the Commonwealth of 

Pennsylvania through the Pennsylvania 

Department of Environmental Protection 

(PADEP) in order to include in the SIP 

amendments to relating to control of 

emissions of volatile organic 

compounds (VOCs) from the 

manufacture, sale, use, or application of 

adhesives, sealants, primers, and 

solvents. The SIP revision also includes 

amendments to the definitions in the 

general provisions in 25 Pa. Code. EPA 

is approving this revision in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This final rule is effective on 

October 26, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0617. 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 

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Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 59091 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 26, 2011, EPA published a 

notice of proposed rulemaking (NPR) 

which proposed approval of 

Pennsylvania’s adhesives and sealants 

regulations in order to control emissions 

of VOCs from the manufacture, sale, 

use, or application of adhesives, 

sealants, primers, and solvents (76 FR 

53369, August 26, 2011). The formal SIP 

revision was submitted by the 

Commonwealth of Pennsylvania 

through PADEP on January 12, 2011. 

II. Summary of SIP Revision 

Pennsylvania’s SIP submission 

contains amendments to 25 Pa. Code 

Chapters 121, 129, and 130 relating to 

general provisions, standards for 

sources, and standards for products. The 

SIP revision includes amendments to 

the existing regulation in 25 Pa. Code 

section 129.51, general provisions for 

VOC sources, and adds new provisions 

under 25 Pa. Code sections 129.77 and 

130.701 through 130.708, relating to 

control of emissions from the use or 

application of adhesives, sealants, 

primers and solvents and for the control 

of emissions of VOCs from the 

manufacture, sale, use, or application of 

adhesives, sealants, primers, and 

solvents. The SIP revision also includes 

amendments to 25 Pa. Code section 

121.1, which contains definitions 

applicable to 25 Pa. Code sections 

129.77 and 130.701 through 130.708. 

The SIP revision is based on the 

Ozone Transport Commission (OTC) 

model rule, ‘‘OTC Model Rule For 

Adhesives and Sealants,’’ dated 2006, 

which was based on the 1998 California 

Air Resources Board (CARB) reasonably 

available control technology (RACT) 

determination which applied to both the 

manufacture and use of adhesives, 

sealants, adhesive primers, or sealant 

primers, in both industrial and 

manufacturing facilities and in the field. 

California Air Districts used this 

determination to develop regulations for 

this category. EPA addressed this source 

category with a Control Techniques 

Guideline (CTG) document ‘‘Control 

Techniques Guidelines for 

Miscellaneous Industrial Adhesives, 

EPA–453/R–08–005’’ in September 2008 

(Miscellaneous Industrial Adhesive 

CTG). 

EPA has determined that the SIP 

revision contains the required elements 

for a federally enforceable rule: 

Emission limitations, compliance 

procedures and test methods, 

compliance dates, and record keeping 

provisions. In comparison to the CTG, 

the OTC model rule and 25 Pa. Code 

section 129.77 are applicable to all 

stationary sources including those 

applications that occur outside of the 

factory setting in the field. The OTC 

model rule and 25 Pa. Code sections 

129.77 and 130.701 through 130.708 

also regulate the VOC content and vapor 

pressure of surface-preparation and 

clean-up solvents for which the CTG did 

not make recommendations other than 

including work practices. The rationale 

for EPA’s proposed action is explained 

in the NPR and will not be restated here. 

On September 26, 2011, EPA received 

one comment letter on the August 26, 

2011 NPR. The complete comment letter 

submitted by the Graphic Arts Coalition 

(hereafter referred to as the Commenter) 

may be found in the docket (EPA–R03– 

OAR–2011–0617) for today’s final 

action. A summary of the comments and 

EPA’s responses are provided in Section 

III of this document. 

III. Summary of Public Comments and 

EPA Responses 

Comment: The Commenter requests 

that EPA not approve the SIP 

amendment until PADEP clearly 

exempts graphic arts operations from 

the rule. The Commenter believes that 

adhesives used in printing operations 

were not considered in PADEP’s 

rulemaking and were not intended to be 

covered by the revised regulation or by 

the OTC or EPA. The Commenter 

believes that all adhesives used in the 

printing process operation, not only 

adhesives applied at stations that are 

physically connected to a printing line, 

should be excluded from the rule 

because these adhesives will be 

captured/controlled under rules 

applicable to lithographic operations 

being developed by PADEP. 

Response: Pennsylvania’s regulation 

for adhesives and sealants clearly 

addresses the adhesives and adhesive 

application activities regulated. In 25 

Pa. Code section 129.77 at Tables V and 

VI, the Commonwealth clearly specified 

the adhesives for which a VOC limit is 

set and 25 Pa. Code section 129.77(a) 

clearly states that the limits apply in 

Tables V and VI unless excluded by 25 

Pa. Code section 129.77(k). Also, the 

additional terms in 25 Pa. Code section 

121.1 define each of the adhesive 

categories found in Tables V and VI. 

Thus, we believe the Pennsylvania 

regulations are clear that the adhesives 

used in printing operations were 

considered and that the state intended 

to cover those adhesives. 

EPA addressed a portion of the 

adhesives and adhesive primers 

category in the Miscellaneous Industrial 

Adhesive CTG. EPA’s Miscellaneous 

Industrial Adhesive CTG provides state 

and local air pollution control 

authorities information that may assist 

them in determining RACT for VOCs 

from miscellaneous industrial adhesive 

application processes. In developing 

this Miscellaneous Industrial Adhesive 

CTG, EPA, among other things, 

evaluated the sources of VOC emissions 

from miscellaneous industrial adhesives 

application processes and the available 

control approaches for addressing these 

emissions, including the costs of such 

approaches. Based on available 

information and data, EPA provided 

recommendations for RACT for 

miscellaneous industrial adhesives. 

States can use the recommendations in 

the Miscellaneous Industrial Adhesive 

CTG to inform their own determination 

as to what constitutes RACT for VOCs 

for miscellaneous industrial adhesive 

application processes in their particular 

nonattainment areas. The Miscellaneous 

Industrial Adhesive CTG does not 

impose any legally binding 

requirements on any entity nor are 

States required to adopt the approach 

that EPA sets forth in a CTG. It provides 

only recommendations for state and 

local air pollution control agencies to 

consider in determining RACT. State 

and local pollution control agencies are 

free to implement other technicallysound approaches that are consistent 

with the CAA and EPA’s implementing 

regulations or are more stringent. Thus, 

whether or not the CTG expressly 

addressed the adhesives at issue here is 

not relevant for determining whether 

Pennsylvania’s rule addressing those 

adhesives could be approved as part of 

the SIP. 

Section 110(k) of the CAA provides 

that EPA shall approve a SIP revision 

submittal if it meets all of the applicable 

requirements of the CAA. The primary 

CAA requirement for the adhesives and 

sealants rule is that Pennsylvania set 

RACT for the Miscellaneous Industrial 

Adhesive CTG category. For the reasons 

outlined in the NPR, EPA believes that 

Pennsylvania has fulfilled this 

requirement (76 FR 53369). To the 

extent that Pennsylvania’s rule goes 

beyond the recommendation of the 

Miscellaneous Industrial Adhesive CTG, 

it does not prohibit EPA from approving 

this rulemaking action. The OTC 

developed a model rule as part of a 

regional effort to attain and maintain the 

eight-hour ozone standard and reduce 

eight-hour ozone levels. States opting to 

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59092 Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 

promulgate rules based on this model 

rule utilize state-specific administrative 

requirements and procedures. Similar to 

CTGs, the OTC model rules are merely 

recommendations and are not required 

by the Commonwealth for regulation 

purposes. However, Pennsylvania’s 

adopted 25 Pa. Code Chapters 121, 129, 

and 130 are based on the OTC model 

rule. The Commenter also suggests that 

these adhesives would be better 

addressed in a separate rule on which 

the Commonwealth is currently 

working. If the Commonwealth 

determines that the adhesives should be 

addressed in a different rule, it can 

request that the SIP be revised. 

However, the fact that the 

Commonwealth may choose at some 

future point to regulate the adhesives 

under a separate rule is not a basis for 

disapproving the current rule. 

IV. Final Action 

EPA is approving the Pennsylvania 

SIP revision which includes 

amendments to 25 Pa. Code section 

121.1 ‘‘Definitions’’ and section 

129.51(a) ‘‘Equivalency.’’ EPA is also 

approving the Pennsylvania SIP 

revisions adding 25 Pa. Code section 

129.77 ‘‘Control of emissions from the 

use or application of adhesives, 

sealants, primers, and solvents’’ and 25 

Pa. Code sections 130.701–130.708 

‘‘Adhesives, Sealants, Primers, and 

Solvents General Provisions.’’ EPA has 

determined that 25 Pa. Code sections 

129.77 and 130.701 through 130.708 

meet the requirement for RACT for the 

Miscellaneous Industrial Adhesive CTG. 

EPA has determined that the regulations 

will result in the reduction of VOC 

emissions from the affected sources and 

meet the applicable requirements of the 

CAA and applicable EPA regulations, 

guidance, and policy and can therefore 

be approved. 

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 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 

pertaining to pertaining to 

Pennsylvania’s control of VOCs from 

adhesives and sealants may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2) of the CAA.) 

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. 

W.C. Early, 

Acting 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 NN—Pennsylvania 

■ 2. Section 52.2020, in paragraph 

(c)(1), is amended by: 

■ a. Revising the entries for sections 

121.1 and 129.51; 

■ b. Adding an entry for section 129.77; 

and 

■ c. Adding a new table entry under 

‘‘Chapter 130—Standards for Products’’ 

titled ‘‘Subchapter D—Adhesives, 

Sealants, Primers and Solvents’’; and 

under the new table heading, adding 

entries for 130.701 through 130.708 in 

numerical order. 

The additions and revisions read as 

follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 

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Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 59093 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/ 

§ 52.2063 citation 

Title 25—Environmental Protection 

Article III—Air Resources 

Chapter 121—General Provisions 

Section 121.1 ............ Definitions ........................... 12/25/10 9/26/12 [Insert page number where the document begins].Amends and adds definitions. 

* * * * * * * 

Chapter 129—Standards for Sources 

*******

Sources of VOCs 

Section 129.51 .......... General ............................... 12/25/10 9/26/12 [Insert page number where the document begins].Amends section 129.51(a). 

* * * * * * * 

Section 129.77 .......... Control of emissions from 

the use or application of 

adhesives, sealants, 

primers and solvents.

12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

* * * * * * * 

Chapter 130—Standards for Products 

*******

Subchapter D—Adhesives, Sealants, Primers and Solvents 

Section 130.701 ........ Applicability ........................ 12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.702 ........ Emission standards ............ 12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.703 ........ Exemptions and exceptions 12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.704 ........ Recordkeeping requirements.12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.705 ........ Compliance procedures 

and test methods.

12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.706 ........ Container labeling .............. 12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.707 ........ Product dating .................... 12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.708 ........ Sell-through of products ..... 12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

* * * * * * * 

* * * * * 

[FR Doc. 2012–23568 Filed 9–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0468; FRL–9731–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland-Revision for the Control of 

Volatile Organic Compounds 

Emissions From Vehicle Refinishing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland 

pertaining to ‘‘Control of Volatile 

Organic Compounds Emissions from 

Vehicle Refinishing.’’ The SIP revision 

establishes new volatile organic 

compounds (VOC) content limits and 

standards for coating and cleaning 

solvents used in vehicle refinishing. 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

October 26, 2012. 

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