Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Rules and Regulations 33645

certain public lands. Likewise, the

adjustment and emergency closures

have no potential takings of private

property implications as defined by

Executive Order 12630.

The Service has determined and

certifies pursuant to the Unfunded

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

seq., that the adjustment and emergency

closures will not impose a cost of $100

million or more in any given year on

local or State governments or private

entities. The implementation is by

Federal agencies, and no cost is

involved to any State or local entities or

Tribal governments.

The Service has determined that the

adjustment and emergency closures

meet the applicable standards provided

in Sections 3(a) and 3(b)(2) of Executive

Order 12988, regarding civil justice

reform.

In accordance with Executive Order

13132, the adjustment and emergency

closures do not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Title VIII of ANILCA precludes the State

from exercising management authority

over fish and wildlife resources on

Federal lands. Cooperative salmon run

assessment efforts with ADF&G will

continue.

In accordance with the President’s

memorandum of April 29, 1994,

‘‘Government-to-Government Relations

with Native American Tribal

Governments’’ (59 FR 22951), Executive

Order 13175, and 512 DM 2, we have

evaluated possible effects on Federally

recognized Indian tribes and have

determined that there are no effects. The

Bureau of Indian Affairs is a

participating agency in this rulemaking.

Drafting Information

William Knauer drafted this

document under the guidance of

Thomas H. Boyd, of the Office of

Subsistence Management, Alaska

Regional Office, U.S. Fish and Wildlife

Service, Anchorage, Alaska. Taylor

Brelsford, Alaska State Office, Bureau of

Land Management; Rod Simmons,

Alaska Regional Office, U.S. Fish and

Wildlife Service; Bob Gerhard, Alaska

Regional Office, National Park Service;

Ida Hildebrand, Alaska Regional Office,

Bureau of Indian Affairs; and Ken

Thompson, USDA-Forest Service,

provided additional guidance.

Authority: 16 U.S.C. 3, 472, 551, 668dd,

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.

1733.

Dated: June 11, 2001.

Kenneth E. Thompson,

Subsistence Program Leader, USDA-Forest

Service.

Dated: June 12, 2001.

Peggy Fox,

Acting Chair, Federal Subsistence Board.

[FR Doc. 01–15811 Filed 6–22–01; 8:45 am]

BILLING CODE 3410–11–P; 4310–55–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA155–4114a; FRL–6998–6]

Approval and Promulgation of Air

Quality Implementation Plans;

Commonwealth of Pennsylvania;

Control of Volatile Organic

Compounds (VOCs) for Aerospace

Operations and Miscellaneous VOC

Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Commonwealth of Pennsylvania

State Implementation Plan (SIP)

submitted on March 6, 2000, by the

Pennsylvania Department of

Environmental Protection (PADEP).

These revisions adopt new volatile

organic compound (VOC) regulations for

the aerospace industry and add new

definitions for terms used in regulations

containing standards for VOC sources.

These revisions also modify the

approval process for the use of

alternative compliance methods for

certain VOC control requirements. EPA

is approving these revisions to the

Commonwealth of Pennsylvania SIP in

accordance with the requirements of the

Clean Air Act. (CAA).

DATES: This rule is effective on August

24, 2001, without further notice, unless

EPA receives adverse written comment

by July 25, 2001. If EPA receives such

comments, it will publish a timely

withdrawal of the direct final rule in the

Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: Written comments should

be mailed to David L. Arnold, Chief, Air

Quality Planning & Information Services

Branch, mailcode 3AP21, U.S.

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available 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; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460, and the

Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania.

FOR FURTHER INFORMATION CONTACT:

Janice Lewis, (215) 814–2185, or Ellen

Wentworth, (215) 814–2034, at the EPA

Region III address above, or by e-mail at

lewis.janice@epa.gov or

wentworth.ellen@epa.gov

SUPPLEMENTARY INFORMATION:

I. Description of the SIP Revision and

EPA’s Action

The information in this section is

organized as follows:

A. What Action Is EPA Taking Today?

B. To What Facilities/Operations Do These

Revisions Apply?

C. What Are the Provisions of the New and

Revised Regulations?

D. Why Is EPA Approving the SIP Revisions?

E. What Is the Process for EPA Approval of

This Action?

What Action Is EPA Taking Today?

EPA is approving revisions to the

Commonwealth of Pennsylvania SIP

which were submitted on March 6, 2000

by PADEP. This SIP revision adds a new

section, 129.73, Aerospace

Manufacturing and Rework, to 25 PA

Code, Chapter 129, Standards For

Sources, establishing requirements to

control VOC emissions from coatings

and solvents used in the aerospace

industry. In addition, we are approving

revisions to 25 PA Code, Chapter 129,

Standards for Sources, section 129.51,

General. These revisions remove the

requirement that alternative compliance

methods for meeting the VOC

requirements contained in Chapter 129,

sections 129.52, and 129.54–129.73 be

submitted to EPA as a SIP revision. The

revisions now allow an alternative

compliance method to be incorporated

into a plan approval or operating permit

or both, subject to review by EPA. We

are also approving a SIP revision that

amends 25 PA Code, Chapter 121,

General Provisions, section 121.1,

Definitions, to include the addition of

the definition of terms used in the

substantive sections of Chapter 129.

To What Facilities/Operations Do These

Revisions Apply?

The aerospace industry includes all

manufacturing facilities that produce an

aerospace vehicle or component and all

facilities that repair these aerospace

products. An aerospace vehicle or

33646 Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Rules and Regulations

component is defined as, but not limited

to, any fabricated part, processed part,

assembly of parts, or completed unit of

any aircraft including, but not limited to

airplanes, helicopters, missiles, rockets,

and space vehicles. In addition to

manufacturing and repair facilities,

some shops may specialize in providing

a service, such as chemical milling,

rather than actually producing a

component or assembly. The new

regulations are applicable to all sources

with the potential to emit 25 tons of

VOC per year. If a facility which is

involved in the manufacture or rework

of aerospace vehicles or components has

potential VOC emissions of 25 tons per

year or more, it is subject to the

requirements of section 129.73. If a

facility coats or cleans a variety of

products in addition to aerospace

products, the operations could be

subject to other requirements, including

the surface coating limitations in section

129.52. Facilities which are solely

involved in aerospace coating

operations and have the potential to

emit less than the applicability

thresholds would not be subject to the

aerospace coating limitations.

What Are the Provisions of the New and

Revised Regulations?

As mentioned previously, this SIP

revision adds a new section 129.73,

Aerospace Manufacturing and Rework,

to 25 PA Code, Chapter 129, Standards

For Sources, which establishes

requirements to control VOC emissions

from coatings and solvents used in the

aerospace industry. Section 129.73(1)

defines the exemptions to the cleaning

and coating of aerospace components

and vehicles. Section 129.73(2) specifies

that the exemption for touch-up,

aerosol, and Department of Defense

(DOT) classified coatings, coatings of

space vehicles, and small volume

coatings is only from the VOC content

limits of the coatings, and not the other

provisions of the aerospace regulation.

Section 129.73(3) requires that the

specific coatings listed in the regulation

meet specified allowable VOC limits.

All other coatings are subject to the

SIP’s general coating VOC limits.

Section 129.73(4) establishes the

methodology for calculating the VOC

content of coatings. Section 129.73(5)

establishes the application techniques

for applying aerospace coatings, and

section 129.73(6) establishes exceptions

to those coating technique requirements.

Section 129.73(7) establishes limitations

for hand-wipe cleaning of aerospace

vehicles or components, and section

129.73(8) establishes exceptions to the

hand-wipe requirements. Sections

129.73(9), (10), and (11) establish

requirements for cleaning solvent

containers, spray gun cleaning and

housekeeping. Section 129.73(12)

authorizes compliance through the use

of approved air pollution control

equipment. Section 129.73(13)

establishes the record keeping

requirements for aerospace

manufacturing and rework facilities.

The SIP revision also revises the VOC

equivalency provisions of Chapter 129,

Standards for Sources, Chapter 129,

section 129.51, General, to authorize

compliance with Chapter 129 by the use

of an alternative method if that method

is incorporated by the Department into

an applicable plan approval or operating

permit, or both, subject to review by

EPA. Specifically, section 129.51(a),

Equivalency, and section129.51(a)(3)

have been revised to add the new

section, 129.73, relating to aerospace

manufacturing and rework. The change

to 129.51(a)(6) removes the requirement

that alternative compliance methods for

meeting the VOC requirements

contained in sections 129.52, and

129.54–129.73 be submitted to EPA as a

SIP revision. The amendment requires,

instead, that alternative compliance

methods be incorporated into an

applicable plan approval or operating

permit, or both, subject to EPA review.

The changes to Chapter 121, General

Provisions, section 121.1, Definitions,

adds definitions of terms used in the

substantive provisions of Chapter 129,

Pennsylvania’s regulations which

contain VOC emission standards.

Additional definitions are provided

for the following:

Ablative coating

Adhesion promoter

Adhesive bonding primer

Adhesive primer

Aerosol coating

Aerospace coating operation

Aerospace coating unit

Aerospace primer

Aerospace surface preparation

Aerospace topcoat

Aerospace vehicle or component

Aircraft fluid systems

Aircraft transparency

Antichafe coating

Antique aerospace vehicle or

component

Aqueous cleaning solvent

Bonding maskant

CARC-chemical agent resistant coating

Chemical milling maskant

Cleaning operation

Cleaning solvent

Closed-cycle depainting system

Commercial exterior aerodynamic

structure primer

Commercial interior adhesive

Compatible epoxy primer

Compatible substrate primer

Confined space

Corrosion prevention system

Critical use and line sealer maskant

Cryogenic flexible primer

Cyoprotective coating

Cyanoacrylate adhesive

Electric or radiation-effect coating

Electrostatic discharge and

electromagnetic interference (EMI)

coating

Elevated temperature skydrol resistant

commercial primer

Epoxy polyamide topcoat

Exempt solvent

Fire-resistant (interior) coating

Flexible primer

Flight test coating

Flush cleaning

Fuel tank adhesive

Fuel tank coating

Hand-wipe cleaning operation

High temperature coating

Insulation covering

Intermediate release coating

Lacquer

Limited access space

Metalized epoxy coating

Mold release

Nonstructural adhesive

Operating parameter value

Optical antireflection coating

Part marking coating

Pretreatment coating

Radome

Rain erosion resistant coating

Rocket motor bonding adhesive

Rocket motor nozzle coating

Rubber-based adhesive

Scale inhibitor

Screen print ink

Sealant

Seal coat maskant

Self-priming topcoat

Semiaqueous cleaning solvent

Silicone insulation material

Solids

Solid film lubricant

Space vehicle

Specialty coating

Specialized function coating

Spray gun

Structural autoclavable adhesive

Structural nonautoclavable adhesive

Temporary protective coating

Thermal control coating

Touch-up and repair operation (also

known as Aerospace touch-up and

repair operation)

Type I chemical etchant

Type I chemical milling maskant

Type II chemical etchant

Type II chemical milling maskant

VOC composite vapor pressure

Waterborn (water-reducible) coating

Wet fastener installation coating

Wing coating

The definition of Miscellaneous metal

parts and products has been revised.

Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Rules and Regulations 33647

Why Is EPA Approving The SIP

Revisions?

The addition of section 129.73 to 25

PA Code Chapter 129, Standards for

Sources, establishes specific allowable

VOC content requirements for aerospace

coatings. The CAA requires that SIPS for

certain ozone nonattaiment areas be

revised to require the implementation of

reasonably available control technology

(RACT) to control VOC emissions.

Section 183(b)(3) of the CAA requires

the EPA Administrator to issue a control

techniques guideline (CTG ) for the

control of VOC emissions from coatings

and solvents used in the aerospace

industry. EPA is approving

Pennsylvania’s regulations because they

are based upon EPA’s CTG for the

aerospace industry as well as the

applicable Maximum Achievable

Control Technologies (MACT) to control

hazardous air pollutants. They also

appropriately allow Pennsylvania’s

aerospace manufacturers to utilize

coatings specified by the United States

Department of Defense (DOD), the

United States Department of

Transportation (DOT), and the National

Aeronautics and Space Administration

(NASA).

EPA is also approving the revisions to

Chapter 129, Standards for Sources,

section 129.51 as described above. The

revision requires the alternative

compliance method to be incorporated

into a plan approval or operating

permit, or both, subject to EPA review.

This action will streamline the process

for establishing alternative compliance

methods. EPA is approving this revision

because any alternative compliance

method would be reviewed by EPA to

ensure that it produced results

equivalent to the method specified in

the regulations, thereby not jeopardizing

progress towards attainment of the

ozone standard.

EPA is approving the addition of the

definitions to Chapter 121, section

121.1, Definitions, because they are

terms used in the substantive sections of

Chapter 129 and satisfy all applicable

federal requirements and policies.

What Is the Process for EPA Approval of

This Action?

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comment. However, in the ‘‘Proposed

Rules’’ section of today’s Federal

Register, EPA is publishing a separate

document that will serve as the proposal

to approve the SIP revision if adverse

comments are filed. This rule will be

effective on August 24, 2001, without

further notice unless EPA receives

adverse comment by July 25, 2001. If

EPA receives adverse comment, EPA

will publish a timely withdrawal in the

Federal Register informing the public

that the rule will not take effect. EPA

will address all public comments in a

subsequent final rule based on the

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

must do so at this time. Please note that

if EPA receives adverse comment on an

amendment, paragraph, or section of

this rule and if that provision may be

severed from the remainder of the rule,

EPA may adopt as final those provisions

of the rule that are not the subject of an

adverse comment.

II. Final Action

EPA is approving as revisions to the

Commonwealth of Pennsylvania SIP the

amendments to Chapter 121, General

Provisions, section 121.1, Definitions;

the revisions to Chapter 129, Standards

for Sources, section 129.51, General;

and the addition of section 129.73,

Aerospace Manufacturing and Rework

to Chapter 129 pertaining to VOC

control requirements for the aerospace

industry. These revisions were

submitted by the Commonwealth of

Pennsylvania on March 6, 2000.

III. What Are the Administrative

Requirements?

A. General Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4).

This rule also does not have a

substantial direct effect on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000), nor

will it have substantial direct effects on

the States, on the relationship between

the national government and the States,

or on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

approves a state rule implementing a

federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’ issued under the

executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

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 rule and other

33648 Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Rules and Regulations

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. This rule 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 Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by August 24, 2001.

Filing a petition for reconsideration by

the Administrator of this final rule

approving revisions to Pennsylvania’s

volatile organic compounds regulations

and the adoption of new regulations for

the aerospace industry does not affect

the finality of this rule 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 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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Dated: May 31, 2001.

Elaine B. Wright,

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 is amended by

adding paragraph (c)(155) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(155) Revisions to the Pennsylvania

Regulations pertaining to certain VOC

regulations submitted on March 6, 2000

by the Pennsylvania Department of

Environmental Protection:

(i) Incorporation by reference.

(A) Letter of March 6, 2000 from the

Pennsylvania Department of

Environmental Protection transmitting

the revisions to VOC regulations.

(B) Addition of definitions to 25 PA

Code Chapter 121, General Provisions,

at section 121.1, Definitions; addition of

new section to 25 PA Code, Chapter

129, Standards For Sources, section

129.73, Aerospace manufacturing and

rework; and revisions to Chapter 129,

Standards For Sources, section 129.51,

General. These revisions became

effective on April 10, 1999.

(ii) Additional material. Remainder of

March 6, 2000 submittal.

[FR Doc. 01–15751 Filed 6–22–01; 8:45 am]

BILLING CODE 6560–50–U