Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Proposed Rules 2369

• Control emissions from polyester

resin operations through the following

set of control options: (1) use of resin

material with no more than 35%

monomer by weight; (2) use of low

pigmented gel coats with no more than

45% monomer by weight; (3) use of

resin containing a vapor suppressant,

such that weight loss from the VOC

emissions does not exceed 60 grams per

meter of exposed surface during resin

polymerization; (4) use of a closed-mold

system; and (5) use of an emission

control system.

• Provide recordkeeping

requirements.

• Provide test methods to determine

compliance.

EPA has evaluated the submitted

rules and has determined that they are

consistent with the CAA, EPA

regulations, and EPA policy. Therefore,

SJVUAPCD Rule 4682, Polystyrene

Foam, Polyethylene, and Polypropylene

Manufacturing; and SJVUAPCD Rule

4684, Polyester Resin Operations are

being proposed for approval under

section 110(k)(3) of the CAA as meeting

the requirements of section 110(a) and

Part D.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Regulatory Process

Under the Regulatory Flexibility Act,

5 U.S.C. Sections 600 et. seq., EPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C.

sections 603 and 604. Alternatively,

EPA may certify that the rule will not

have a significant impact on a

substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises and

government entities with jurisdiction

over populations of less than 50,000.

SIP approvals under sections 110 and

301 and subchapter I, Part D of the CAA

do not create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP-approval does

not impose any new requirements, it

does not have a significant impact on

any small entities affected. Moreover,

due to the nature of the Federal-state

relationship under the CAA, preparation

of a regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The CAA forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

The OMB has exempted this action

from review under Executive Order

12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compound.

Authority: 42 U.S.C. 7401–7671q.

Dated: December 14, 1994.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95–461 Filed 1–6–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 60

[AD–FRL–5132–5]

Standards of Performance for New

Stationary Sources; Appendix A—

Reference Methods; Amendments to

Method 24 for the Determination of

Volatile Matter Content, Water Content,

Density, Volume Solids, and Weight

Solids of Surface Coatings

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This rule establishes

procedures for the determination of

volatile matter content, density, volume

solids, and water content for ultraviolet

radiation-cured coatings. Method 24

refers to the American Society for

Testing and Materials (ASTM)

procedures for the determination of

volatile matter content, density, volume

solids, weight solids, and water content

of surface coatings. This ASTM method

excluded ultraviolet radiation-cured

coatings which was not EPA’s intent.

Therefore, EPA is revising Method 24 to

apply to ultraviolet radiation-cured

coatings.

A public hearing will be held, if

requested, to provide interested persons

an opportunity for oral presentation of

data, views, or arguments concerning

the proposed rule.

DATES: Comments. Comments must be

received on or before March 7, 1995.

Public Hearing. If anyone contacts

EPA requesting to speak at a public

hearing by January 30, 1995, a public

hearing will be held on February 8, 1995

beginning at 10 a.m. Persons interested

in attending the hearing should call the

contact mentioned under ADDRESSES to

verify that a hearing will be held.

Request to Speak at Hearing. Persons

wishing to present oral testimony must

contact EPA by January 30, 1995.

ADDRESSES: Comments. Comments

should be submitted (in duplicated if

possible) to: Air Docket Section (LE–

131), Attention: Docket Number A–94–

37, U.S. Environmental Protection

Agency, 401 M Street, S.W.,

Washington, D.C. 20460.

Public Hearing. If anyone contacts

EPA requesting a public hearing, it will

be held at EPA’s Emission Measurement

Laboratory Building, Research Triangle

Park, North Carolina. Persons interested

in attending the hearing or wishing to

present oral testimony should contact

Candace Sorrell, Emission Measurement

Branch (MD–19), Technical Support

Division, U.S. Environmental Protection

Agency, Research Triangle Park, N.C.

27711, telephone (919) 541–1064.

Docket. Docket Number A–94–37,

containing materials relevant to this

rulemaking, is available for public

inspection and copying between 8:30

a.m. and Noon, and 1:30 and 3:30 p.m.,

Monday through Friday, at EPA’s Air

Docket Section, Room M1500, First

Floor, Waterside Mall, Gallery 1, 401 M

Street, S.W., Washington, D.C. 20460. A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT:

Candace Sorrell at (919) 541–1064,

Emission Measurement Branch (MD–

19), Technical Support Division, U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711.

SUPPLEMENTARY INFORMATION:

I. The Rulemaking

Method 24 was intended to be used

for measuring volatile organic

compounds content of all coatings that

are intended for either ambient or

baking film foundation. When Method

24 was published in 1980 it referenced

the American Society for Testing and

Materials (ASTM) Method D 2369–81,

which the Environmental Protection

Agency believed would apply to all

coatings. However, that method was not

applicable to ultraviolet (UV) radiationcured coatings and this amendment to

Method 24 will incorporate ASTM

Method D 5403–93, which does contain

those procedures.

This rulemaking does not impose

emission measurement requirements

beyond those specified in the current

regulation, nor does it change any

emission standard. Rather, the

rulemaking would simply amend an
2370 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Proposed Rules

existing test method associated with

emission measurement requirements

that would apply irrespective of this

rulemaking.

II. Administrative Requirements

A. Public Hearing

A public hearing will be held if

requested, to discuss the proposed test

method in accordance with Section

307(d)(5) of the Clean Air Act. Persons

wishing to make oral presentations

should contact EPA at the address given

in the ADDRESSES section of this

preamble. Oral presentations will be

limited to 15 minutes each. Any

member of the public may file a written

statement with EPA before, during, or

within 30 days after the hearing. Written

statements should be addressed to the

Air Docket Section address given in the

ADDRESSES section of this preamble.

B. Docket

The docket is an organized and

complete file for all information

submitted or otherwise considered by

EPA in the development of this

proposed rulemaking. The principle

purposes of the docket are: (1) to allow

interested parties to identify and locate

documents so that they can effectively

participate in the rulemaking process

and (2) to serve as the record in case of

judicial review (except for interagency

review materials) [Section 307(d)(7)(A)].

C. Executive Order 12866

Under Executive Order 12866 [58

Federal Register 51735 (October 4,

1993)], the Agency must determine

whether the regulatory action is

‘‘significant’’ and therefore subject to

OMB review and the requirements of

the Executive Order. The Order defines

‘‘significant regulatory action’’ as one

that is likely to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

It has been determined that this action

is not a ‘‘significant regulatory action’’

within the meaning of Executive Order

12866 and is therefore not subject to

OMB review.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

of 1980 requires the identification of

potentially adverse impacts of Federal

regulations upon small business

entities. The Act specifically requires

the completion of an RFA analysis in

those instances where small business

impacts are possible. Because this

rulemaking imposes no adverse

economic impacts, an analysis has not

been conducted. Pursuant to the

provision of 5 U.S.C. 605(b), I hereby

certify that the promulgated rule will

not have an impact on small entities

because no additional costs will be

incurred.

E. Paperwork Reduction Act

This rule does not change any

information collection requirements

subject to Office of Management and

Budget under the Paperwork Reduction

Act of 1980, 44 U.S.C. 3501 et seq.

List of Subjects in 40 CFR Part 60

Environmental protection, Air

pollution control, Intergovernmental

relations, Surface coating of metal

furniture, Automotive and light duty

truck surface coating operations,

Graphic arts industry publications,

Rotogravure printing, Pressure sensitive

tape and label surface coating, Industrial

surface coating: Large appliances, Metal

coil surface coating, Beverage can

surface coating industry, Flexible vinyl

and urethane coating and printing,

Plastic parts for business machine

coatings industry, Incorporation by

reference, and Reporting and

recordkeeping requirements.

Dated: December 23, 1994.

Carol M. Browner,

Administrator.

40 CFR Part 60 is proposed to be

amended as follows:

1. The authority citation for part 60

continues to read as follows:

Authority: 42 U.S.C. 7401, 7411, 7414,

7416, and 7601.

2. In § 60.17 of Subpart A, by adding

a paragraph (a)(63) to read as follows:

§ 60.17 Incorporation by reference.

* * * * *

(a) * * *

(63) ASTM D 5403–93 Standard Test

Methods for Volatile Content of

Radiation Curable Materials.

* * * * *

Appendix A—[Amended]

3. In Method 24 of Appendix A,

Section 3.1 is amended by removing the

words ‘‘For all other coatings analyzed

as follows:’’

4. In Method 24 of Appendix A,

Sections 3.2, 3.3, 3.4, 3.5, 3.6, 3.7 are

redesignated as Sections 3.3, 3.4, 3.5,

3.6, 3.7, 3.8, respectively; Sections 2.6,

3.2 and 3.9 are added, to read as

follows:

Method 24—[Amended]

* * * * *

2. * * *

2.6 ASTM D 5403–93 Standard

Method for Volatile Content of

Radiation Curable Materials

(incorporated by reference—see § 60.17).

* * * * *

3.2 Ultraviolet Radiation-cured

Coating. To determine volatile content

of ultraviolet radiation-cured (UVcured) coatings, follow the procedures

in Section 3.9. Determine water content,

density and solids content of the UVcured coatings according to Sections

3.4, 3.5, and 3.6, respectively. The UVcured coatings are coatings which

contain unreacted monomers that are

polymerized by exposure to ultraviolet

light. For all other coatings not covered

by Sections 3.1 or 3.2 analyzed as

follows:

* * * * *

3.9 UV-cured Coating’s Volatile

Matter Content. Use the procedure in

ASTM D5403–93 (incorporated by

reference—see § 60.17) to determine the

volatile matter content of the coating

except the curing test described in

NOTE 2 of ASTM D5403–93 is required.

* * * * *

[FR Doc. 95–462 Filed 1–6–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF DEFENSE

48 CFR Parts 45 and 52

Federal Acquisition Regulation;

Government Property

AGENCY: Department of Defense.

ACTION: Notice of public meeting.

SUMMARY: On September 16, 1994, (59

FR 47583) the Director of Defense

Procurement, Department of Defense,

announced an initiative to rewrite the

Federal Acquisition Regulation (FAR)

Part 45, Government Property, to make

it easier to understand and to minimize

the burdens imposed on contractors and

contracting officers. The Director of

Defense Procurement is providing a

forum for an exchange of ideas and