47988 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 

1CTGs are documents issued by EPA intended to 

provide state and local air pollution control 

authorities information to assist them in 

determining RACT for VOC from various sources. 

The recommendations in the CTG are based upon 

available data and information and may not apply 

to a particular situation based upon the 

circumstances. States can follow the CTG and adopt 

state regulations to implement the 

recommendations contained therein, or they can 

adopt alternative approaches. In either case, states 

must submit their RACT rules to EPA for review 

and approval as part of the SIP process. Pursuant 

to section 184(b)(1)(B) of the CAA, all areas in the 

* * * * * 

[FR Doc. 2017–22243 Filed 10–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0437; FRL–9969–32– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Adoption of Control 

Techniques Guidelines for Control of 

Volatile Organic Compound Emissions 

from Miscellaneous Metal Parts 

Surface Coating, Miscellaneous Plastic 

Parts Surface Coating, and Pleasure 

Craft Surface Coatings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Commonwealth of Pennsylvania’s state 

implementation plan (SIP). The revision 

includes amendments to the 

Pennsylvania Department of 

Environmental Protection’s (PADEP) 

regulations and addresses the 

requirement to adopt reasonably 

available control technology (RACT) for 

sources covered by EPA’s control 

techniques guidelines (CTG) standards 

for the following categories: 

Miscellaneous metal parts surface 

coating, miscellaneous plastic parts 

surface coating, and pleasure craft 

surface coatings, as well as related 

cleaning activities. The SIP revision also 

amends regulations for graphic arts 

systems and mobile equipment repair 

and refinishing as well as making 

general administrative changes. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: This rule is effective on 

December 15, 2017 without further 

notice, unless EPA receives adverse 

written comment by November 15, 

2017. 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: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2017–0437 at https://

www.regulations.gov, or via email to 

stahl.cynthia@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Gregory A. Becoat, (215) 814–2036, or 

by email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

November 18, 2016, PADEP submitted a 

revision to the Pennsylvania SIP 

concerning the adoption of EPA’s CTG 

for miscellaneous metal parts surface 

coating processes, miscellaneous plastic 

parts surface coating processes, and 

pleasure craft surface coatings. 

Specifically, PADEP has amended 25 

Pennsylvania Code (Pa. Code) Chapter 

129 (relating to standards for sources) to 

address RACT and further reduce 

volatile organic compounds (VOC) 

emissions in Pennsylvania. In 

accordance with sections 172(c)(1), 

182(b)(2)(A) and 184(b)(1)(B) of the 

CAA, Pennsylvania’s SIP revision 

submittal establishes VOC emission 

limitations and other requirements 

consistent with the recommendations of 

EPA’s 2008 Control Techniques 

Guidelines for Miscellaneous Metal and 

Plastic Parts Coatings (MMPP) 

(Publication No. EPA 453/R–08–003; 

September 2008) and Control 

Techniques Guidelines for Automobile 

and Light-Duty Truck Assembly 

Coatings for these sources in the 

Commonwealth of Pennsylvania 

(Publication No. EPA 453/R–08–006). 

I. Background 

Ground level ozone is formed in the 

atmosphere by photochemical reactions 

between VOCs, nitrogen oxides (NOX), 

and carbon monoxide (CO) in the 

presence of sunlight. In order to reduce 

ozone concentrations in the ambient air, 

the CAA requires all nonattainment 

areas to apply controls on VOC and NOX

emission sources to achieve emission 

reductions. Among effective control 

measures, RACT controls significantly 

reduce VOC and NOX emissions from 

major stationary sources. NOX and VOC 

are referred to as ozone precursors and 

are emitted by many types of pollution 

sources, including motor vehicles, 

power plants, industrial facilities, and 

area wide sources, such as consumer 

products and lawn and garden 

equipment. Scientific evidence 

indicates that adverse public health 

effects occur following exposure to 

ozone. These effects are more 

pronounced in children and adults with 

lung disease. Breathing air containing 

ozone can reduce lung function and 

inflame airways, which can increase 

respiratory symptoms and aggravate 

asthma or other lung diseases. 

RACT is defined as the lowest 

emission limitation that a particular 

source is capable of meeting by the 

application of control technology that is 

reasonably available considering 

technological and economic feasibility 

(44 FR 53761 at 53762, September 17, 

1979). Section 182 of the CAA sets forth 

two separate RACT requirements for 

ozone nonattainment areas. The first 

requirement, contained in section 

182(a)(2)(A) of the CAA, and referred to 

as RACT fix-up requires the correction 

of RACT rules for which EPA identified 

deficiencies before the CAA was 

amended in 1990. Pennsylvania 

previously corrected its deficiencies 

under the 1-hour ozone standard and 

has no further deficiencies to correct 

under this section of the CAA. The 

second requirement, set forth in section 

182(b)(2) of the CAA, applies to 

moderate (or worse) ozone 

nonattainment area as well as to 

marginal and attainment areas in ozone 

transport regions (OTRs) established 

pursuant to section 184 of the CAA, and 

requires these areas to implement RACT 

controls on all major VOC and NOX

emission sources and on all sources and 

source categories covered by a CTG 

issued by EPA.1 See CAA section 

182(b)(2) and 184(b). 


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Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47989 

OTR must implement RACT with respect to sources 

of VOCs in the state covered by a CTG issued before 

or after November 15, 1990. 

On July 18, 1997, EPA promulgated 

the health-based national ambient air 

quality standard (NAAQS) for ozone 

based on 8-hour average concentrations. 

62 FR 38856. On April 30, 2004 (69 FR 

23858), EPA designated 37 counties in 

the Commonwealth of Pennsylvania as 

8-hour ozone nonattainment areas for 

the 1997 8-hour ozone NAAQS. On 

March 27, 2008, EPA revised the 8-hour 

ozone standard to a new 0.075 parts per 

million (ppm) level (73 FR 16436). On 

May 21, 2012, EPA finalized 

designations for the 2008 8-hour ozone 

NAAQS (77 FR 30087). EPA designated 

five areas in the Commonwealth of 

Pennsylvania as nonattainment. These 

areas include all or a portion of 

Allegheny, Armstrong, Berks, Beaver, 

Bucks, Butler, Carbon, Chester, 

Delaware, Fayette, Lancaster, Lehigh, 

Montgomery, Northampton, 

Philadelphia, Washington, and 

Westmoreland Counties. On October 26, 

2015, EPA revised the 8-hour ozone 

standard to a new 0.070 ppm level (80 

FR 65292). This rulemaking does not 

address SIP requirements under the 

2015 8-hour ozone NAAQS. The entire 

Commonwealth of Pennsylvania is in 

the OTR established by Congress in 

CAA section 184 and is thus subject to 

implementing RACT for all sources of 

VOC in the state covered by a CTG 

issued before or after November 15, 

2990 pursuant to CAA section 

184(b)(1)(B). 

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. Pursuant to 

section 184(b)(1)(B) of the CAA, 

regardless of an area’s nonattainment 

status, all areas in the OTR must 

implement RACT with respect to 

sources of VOCs in the Commonwealth 

covered by a CTG issued before or after 

November 15, 1990. In addition, 

pursuant to CAA section 184(b)(2), 

unless more stringent nonattainment 

area requirements apply, stationary 

sources in states or portions of a state 

within the OTR that emit at least 50 tons 

per year of VOCs shall be considered 

major stationary sources subject to 

requirements applicable to major 

stationary sources as if the area were 

classified as a Moderate nonattainment 

area including requirements for CTGs 

and RACT. 

Pennsylvania has implemented 

numerous RACT controls to meet the 

CAA RACT requirements under the 1- 

hour and 1997 8-hour ozone NAAQS. 

These RACT controls were promulgated 

in title 25 of the Pennsylvania Code, 

chapter 129, Standards for Sources. In 

accordance with CAA section 

184(b)(1)(B), to achieve and maintain 

the 1997 and 2008 8-hour ozone 

NAAQS, the Commonwealth 

Pennsylvania must continue to adopt 

and implement VOC RACT emission 

control measures for source categories 

covered by all CTGs issued by EPA, as 

of 2014, including miscellaneous metal 

parts surface coating processes, 

miscellaneous plastic parts surface 

coating processes, and pleasure craft 

surface coatings. 

CTGs are documents issued by EPA 

intended to provide state and local air 

pollution control authorities 

information to assist them in assessing 

RACT for VOC from various sources. 

Section 183(e)(3)(c) provides that EPA 

may issue a CTG in lieu of a national 

regulation as RACT for a product 

category where EPA determines that the 

CTG will be substantially as effective as 

regulations in reducing emissions of 

VOC in ozone nonattainment areas. The 

recommendations in the CTG are based 

upon available data and information 

and may not apply to particular 

situations based on unique 

circumstances. To date, EPA has issued 

44 CTGs, providing guidelines for the 

control of VOC emissions from these 

types of sources. States can follow the 

CTG and adopt state regulations to 

implement the recommendations 

contained therein, or they can adopt 

alternative approaches. In either case, 

states must submit their RACT rules to 

EPA for review and approval as part of 

the SIP process. 

EPA developed the CTG for MMPP in 

September 2008 (Publication No. EPA 

453/R–08–003) that provides guidelines 

with regard to feasible emission 

limitations and operating practices for a 

number of different surface coatings 

used within this large and diverse 

source category. The 2008 MMPP CTG 

recommends separate sets of emission 

limits for metal parts coatings, plastic 

parts coatings, automotive/ 

transportation and business machine 

plastic parts, and pleasure craft, 

depending on the type of coating used 

by a particular source. The 

miscellaneous metal product and plastic 

parts surface coatings categories under 

section 183(e) of the CAA include the 

coatings that are applied to the surfaces 

of a varied range of metal and plastic 

parts and products. Such parts or 

products are constructed either entirely 

or partially from metal or plastic. These 

miscellaneous metal products and 

plastic parts include, but are not limited 

to, metal and plastic components of the 

following types of products as well as 

the products themselves: Fabricated 

metal products, molded plastic parts, 

small and large farm machinery, 

commercial and industrial machinery 

and equipment, automotive or 

transportation equipment, interior or 

exterior automotive parts, construction 

equipment, motor vehicle accessories, 

bicycles and sporting goods, toys, 

recreational vehicles, pleasure craft 

(recreational boats), extruded aluminum 

structural components, railroad cars, 

heavier vehicles, lawn and garden 

equipment, business machines, 

laboratory and medical equipment, 

electronic equipment, steel drums, 

metal pipes, and numerous other 

industrial and household products. 

The pleasure craft coating category 

does not include coatings that are a part 

of other product categories listed under 

Section 183(e) of the CAA for which 

CTGs have been published or included 

in other CTGs. For pleasure craft surface 

coatings, EPA took into account 

California regulations when developing 

the 2008 MMPP CTG. California was the 

only state at that time with regulations 

governing VOC emissions from pleasure 

craft surface coatings. After EPA 

finalized the 2008 MMPP CTG, the 

pleasure craft coatings industry asserted 

to EPA that three of the VOC emission 

limits in the CTG were too low 

considering the performance 

requirements of the pleasure craft 

coatings and that the VOC emission 

limits recommended did not represent 

RACT for the National pleasure craft 

coatings industry. On September 14, 

2009, EPA was contacted by the 

pleasure craft coatings industry to 

reconsider some of the VOC emission 

limits recommended in the final 2008 

MMPP CTG. In response, EPA issued a 

memorandum on June 1, 2010, entitled 

‘‘Control Technique Guidelines for 

Miscellaneous Metal and Plastic Part 

Coatings—Industry Request for 

Reconsideration,’’ recommending that 

the pleasure craft industry work with 

state agencies during their RACT rule 

development process to assess what is 

reasonable for the specific sources 

regulated. EPA has stated that states can 

use the recommendations from the 

MMPP CTG to form their own 

determinations as to what constitutes 

RACT for pleasure craft coating 

operations. CTGs impose no legally 

binding requirements on any entity, 

including pleasure craft coating 

facilities. As stated in the memorandum, 

EPA will evaluate state-developed 

RACT rules and determine whether the 

submitted rules meet the RACT 

requirements of the CAA. 


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47990 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 

II. Summary of SIP Revision and EPA 

Analysis 

On November, 18, 2016, PADEP 

submitted a SIP revision which adopted 

the recommendations contained in the 

2008 MMPP CTG with respect to 

sources in the miscellaneous metal 

products coatings and plastic parts 

coatings product categories. For the 

pleasure craft coating industry, after 

evaluating what is reasonable for this 

source category, PADEP determined that 

three VOC content limits applicable to 

the source categories should be revised 

from the limits in the CTG to represent 

RACT for the industry. This is based on 

EPA’s memorandum that the pleasure 

craft industry should work with state 

agencies during their RACT rule 

development process to assess what is 

reasonable for the specific sources 

regulated. 

The SIP revision includes an 

amendment to 25 Pa. Code Chapter 

129—(relating to standards for sources) 

as follows: (1) Amended section 

129.51(a)—(relating to general) in order 

to extend applicability; (2) added 

section 129.52(d)—‘‘Control of VOC 

emissions from miscellaneous metal 

parts surface coating processes, 

miscellaneous plastic parts surface 

coating processes and pleasure craft 

surface coatings,’’ in order to regulate 

VOC emissions from miscellaneous 

metal parts surface coating processes, 

miscellaneous plastic parts surface 

coating processes and pleasure craft 

surface coatings; (3) amended section 

129.52(g)—(relating to surface coating 

processes) in order to clarify record 

keeping and reporting requirements; (4) 

added section 129.52(k) in order to 

clarify the applicability of the 

requirements of section 129.52, Table I, 

Category 10 in 25 Pa. Code Chapter 129; 

(5) amended section 129.67—(relating to 

graphic arts systems) in order to extend 

applicability; and (6) amended section 

129.75—(relating to mobile equipment 

repair and refinishing) in order to 

specify exceptions for those who apply 

surface coating to mobile equipment 

already subject to requirements of 

sections 129.52 and 129.52(d). More 

detailed information on these provisions 

as well as a detailed summary of EPA’s 

review and rationale for proposing to 

approve these SIP revisions can be 

found in the Technical Support 

Document (TSD) for this action which is 

available on line at 

www.regulations.gov, Docket number 

EPA–R03–OAR–2017–0437. 

After evaluating this SIP revision 

submittal, EPA concludes that this SIP 

submittal which addresses the 2008 

MMPP CTG and makes other related 

administrative changes, meets CAA 

requirements under sections 110, 

172(c)(1), 182(b)(2)(A), and 184(b)(1) by 

adopting EPA’s CTG and continuing to 

address and minimize VOC emissions in 

the Commonwealth of Pennsylvania as 

discussed in more detail in EPA’s TSD 

for this rulemaking action. PADEP is 

adopting the requirements as 

recommended by the MMPPC CTG and 

adopting the pleasure craft industry 

recommendations for the following 

three coating categories: Antifouling 

Sealer/Tiecoat; Other Substrate 

Antifoulant; and Extreme High Gloss. 

For these three categories, the 

Commonwealth of Pennsylvania 

reviewed industry data and determined 

that for the purpose of functionality, 

cost, and VOC emissions, the alternative 

limits adopted for these three coating 

categories constitute RACT. EPA 

concludes that Pennsylvania’s approach 

is consistent with the guidance 

memorandum entitled, ‘‘Control 

Technique Guidelines for Miscellaneous 

Metal and Plastic Part Coatings— 

Industry Request for Reconsideration,’’ 

and therefore, concludes that these 

regulations reflect RACT given costs and 

VOC emissions. The revised VOC 

content limits for the pleasure craft 

surface coatings proposed by PADEP are 

expected to have a de minimis impact 

on the amount of VOC emission 

reductions from the implementation of 

the revised VOC limits due to having no 

facilities with the potential to emit VOC 

emissions for pleasure craft surface 

coatings. 

EPA notes that under 25 Pa. Code 

section 129.52d, PADEP is allowing the 

provisions of 25 Pa. Code section 

129.52d to supersede the requirements 

of a RACT permit previously issued 

under 25 Pa. Code sections 129.91– 

129.95 if the permit was issued prior to 

January 1, 2017, to the owner or 

operator of a source subject to section 

129.52d(a), except to the extent the 

RACT permit contains more stringent 

requirements. EPA further notes that the 

RACT permits issued under 25 Pa. Code 

sections 129.91–129.95 were issued for 

previous RACT determinations on a 

case-by-case basis; these permits were 

then submitted to EPA as sourcespecific SIP revisions and were 

previously acted on by EPA and would 

have been approved into the 

Pennsylvania SIP. If EPA approved 

those source-specific RACT 

determinations as meeting the 

requirements of RACT under the CAA, 

then the permits associated with those 

determinations were approved into the 

SIP as listed in 40 CFR 52.2020(d). The 

requirements of the source-specific 

RACT determination which EPA 

approved into the Pennsylvania SIP 

remain applicable requirements for the 

specific source unless and until 

Pennsylvania seeks to remove the limits 

from the SIP in accordance with CAA 

section 110(l). To the extent that the 

provisions of 25 Pa. Code section 

129.52d are more stringent than those of 

a previous SIP-approved permit, PADEP 

will need to make a source-specific 

determination as to whether the 

requirements of the previous RACT 

permit apply, or those of section 

129.52d, and submit that determination 

to EPA as a SIP revision in order to 

remove the previously approved permit 

from the SIP. Until such a SIP revision 

is made, EPA cannot remove the sourcespecific permits from the SIP and EPA 

is not taking such action in this 

rulemaking. Thus, the requirements of a 

previously SIP-approved permit are not 

superseded under the SIP. In 

accordance with section 110 of the CAA 

including 110(a) and 110(l), EPA 

determines that approval of this PADEP 

SIP revision will not interfere with 

reasonable further progress, attainment 

of any NAAQS or any other applicable 

CAA requirements. 

III. Final Action 

EPA is approving the Commonwealth 

of Pennsylvania’s November 2016 SIP 

revision submittal, which adopts RACT 

requirements for miscellaneous metal 

parts surface coating, miscellaneous 

plastic parts surface coating, and 

pleasure craft surface coatings and 

which makes other related 

administrative changes, as the revision 

meets requirements in CAA sections 

110, 172(c)(1), 182(b)(2)(A), and 

184(b)(2). EPA is publishing this rule 

without prior proposal because EPA 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of this 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 December 15, 2017 without 

further notice unless EPA receives 

adverse comment by November 15, 

2017. 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 


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Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47991 

2 62 FR 27968 (May 22, 1997). 

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. 

IV. Incorporation by Reference 

In this rule, 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 of the Pennsylvania rule 

discussed in section II of this preamble. 

EPA has made, and will continue to 

make, these materials generally 

available through http://www.

regulations.gov and/or at the EPA 

Region III Office (please contact the 

person identified in the ‘‘For Further 

Information Contact’’ section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.2

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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 December 15, 2017. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. This 

action, which approves Pennsylvania’s 

SIP revision adopting CTGs for 

miscellaneous metal parts surface 

coating, miscellaneous plastic parts 

surface coating, and pleasure craft 

surface coatings, as well as general 

administrative changes related to 

cleaning activities, 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 27, 2017. 

Cecil Rodrigues, 

Acting 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)(1) is amended by: 

■ a. Revising the entries for Sections 

129.51 and 129.52; 

■ b. Adding an entry in numerical order 

for Section 129.52d; and 

■ c. Revising the entries for Sections 

129.67 and 129.75. 

The revisions and addition read as 

follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 


jstallworth on DSKBBY8HB2PROD with RULES
47992 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 

(1) * * * 

State citation Title/ subject State effective 

date EPA approval date Additional explanation/ § 52.2063 citation 

Title 25—Environmental Protection 

Article III—Air Resources 

*******

Section 129.51 ........ General ........................................ 10/22/16 10/16/17, [Insert Federal Register citation].Revised Section 129.51(a). 

Section 129.52 ........ Surface coating processes .......... 10/22/16 10/16/17, [Insert Federal Register citation].Revised 129.52(g) and added 

Subsection 129.52(k). 

* * * * * * * 

Section 129.52d ...... Control of VOCs from Miscellaneous Metal Parts Surface 

Coating Processes, Miscellaneous Plastic Parts Surface 

Coating Processes and Pleasure Craft Surface Coatings.

10/22/16 10/16/17, [Insert Federal Register citation].New section 129.52d is added. 

This section does not remove 

or replace any permits approved under paragraph (d) of 

this section. 

* * * * * * * 

Section 129.67 ........ Graphic arts systems .................. 10/22/16 10/16/17, [Insert Federal Register citation].Revised Subsection 129.67(a)(1). 

* * * * * * * 

Section 129.75 ........ Mobile equipment repair and refinishing.10/22/16 10/16/17, [Insert Federal Register citation].Revised Subsection 129.75(b)(1). 

Previous approval 8/14/00 

(c)(148). 

* * * * * * * 

* * * * * 

[FR Doc. 2017–22241 Filed 10–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0078; FRL–9969–42– 

Region 4] 

Air Plan Approval: Georgia; New 

Source Review and Permitting Updates 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, the Environmental 

Protection Agency (EPA) is withdrawing 

the August 15, 2017, direct final rule 

that approves changes to Georgia’s state 

implementation plan (SIP) related to 

new source review (NSR) permitting for 

prevention of significant deterioration 

(PSD). EPA will address the comment in 

a separate final action based upon the 

proposed rulemaking action, also 

published on August 15, 2017. EPA will 

not institute a second comment period 

on this action. 

DATES: The direct final rule published at 

82 FR 38605, on August 15, 2017, is 

withdrawn effective October 16, 2017. 

FOR FURTHER INFORMATION CONTACT: D. 

Brad Akers, Air Regulatory Management 

Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. Akers 

can be reached via telephone at (404) 

562–9089 or via electronic mail at 

akers.brad@epa.gov. 

SUPPLEMENTARY INFORMATION: On August 

15, 2017 (82 FR 38605), EPA published 

a direct final rule approving portions of 

several SIP revisions submitted by the 

State of Georgia, through the Georgia 

Department of Natural Resources’ 

Environmental Protection Division (GA 

EPD), on December 15, 2011, July 25, 

2014, and November 12, 2014. EPA took 

a direct final action to approve portions 

of the December 15, 2011, July 25, 2014, 

and November 12, 2014, submissions 

that made changes to the following GA 

EPD regulations: Rule 391–3–1–.02(7)— 

‘‘Prevention of Significant Deterioration 

of Air Quality (PSD),’’ which applies to 

the construction and modification of 

any major stationary source in areas 

designated as attainment or 

unclassifiable as required by part C of 

title I of the CAA; and Rule 391–3–1– 

.03(8)—‘‘Permit Requirements,’’ which 

applies generally to the permitting 

program, including permitting 

requirements that apply to the 

construction and modification of any 

major stationary sources in 

nonattainment areas as required by part 

D of title I of the CAA, referred to as 

nonattainment new source review. 

In the direct final rule, EPA explained 

that the Agency was publishing the rule 

without prior proposal because the 

Agency viewed the submittal as a noncontroversial SIP amendment and 

anticipated no adverse comments. 

Further, EPA explained that the Agency 

was publishing a separate document in 

the proposed rules section of the 

Federal Register to serve as the proposal 

to approve the SIP revisions should an 

adverse comment be filed. EPA also 

noted that the rule would be effective 

generally 30 days after the close of the 

public comment period, without further 

notice unless the Agency received 

adverse comment by the close of the 

public comment period. EPA explained 

that if the Agency received such 

comments, then EPA would publish a 

document withdrawing the final rule 

and informing the public that the rule 

would not take effect. EPA specified, 

however, that if a comment were 

received 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. It was also explained that all 


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