[Federal Register: March 24, 2004 (Volume 69, Number 57)]
[Rules and Regulations]
[Page 13737-13740]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr04-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE 070-1043a; FRL-7639-4]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendments to Regulation 24, Section 10--Aerospace Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a revision to the
State
[[Page 13738]]
of Delaware State Implementation Plan (SIP). The revision corrects the
definition of the term ``Fire-Resistant (interior) Coating'' in
Delaware's regulation to control volatile organic compound (VOC)
emissions from aerospace coatings operations. The correction to the
definition makes it consistent with EPA's Control Technique Guideline
(CTG) for this VOC source category. EPA is approving this revision to
the SIP in accordance with the requirements of the Clean Air Act.
DATES: This rule is effective on May 24, 2004 without further notice,
unless EPA receives adverse written comment by April 23, 2004. 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: Comments may be submitted either by mail or electronically.
Written comments should be mailed to Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
Electronic comments should be sent either to morris.makeba@epa.gov or
to http://www.regulations.gov, which is an alternative method for
submitting electronic comments to EPA. To submit comments, please
follow the detailed instructions described in Part III of the
Supplementary Information section. 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;
and the Delaware Department of Natural Resources & Environmental
Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Janice Lewis, (215) 814-2185, or by e-
mail at lewis.janice@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 26, 1996 (61 FR 2419 ), EPA approved Regulation 24,
Section 10, Aerospace Coatings of the Delaware Regulations Governing
the Control of Air Pollution. On April 10, 2003, the Delaware
Department of Natural Resources and Environmental Control (DNREC)
submitted a formal revision to the Delaware SIP. The SIP revision
consists of an amendment to Regulation 24, Section 10--Aerospace
Coatings to correct the definition of the term ``Fire-Resistant
(interior) Coating'' to reflect the definition found in EPA's final CTG
document, ``Control of Volatile Organic Compound Emissions from Coating
Operations at Aerospace Manufacturing and Rework Operations'' issued
December 1997.
II. Summary of SIP Revision
On April 10, 2003, DNREC submitted a formal revision to the
Delaware SIP which amends Regulation 24, Section 10--Aerospace
Coatings. The revision amends the definition of the term ``Fire-
Resistant (interior) Coating'' to differentiate, correctly, between
civilian aircraft subject to Federal Aviation Administration (FAA)
fireworthiness requirements, and military aircraft and space
applications subject to other flammability requirements. The revised
definition is consistent with EPA's final CTG document ``Control of
Volatile Organic Compound Emissions from Coating Operations at
Aerospace Manufacturing and Rework Operations'' (1997).
III. Final Action
EPA is approving the revision to the Delaware SIP submitted on
April 10, 2003 by DNREC. The revision amends the definition of the term
``Fire-Resistant (interior) Coating'' in Regulation 24, Section 10--
Aerospace Coatings to be consistent with that found in EPA's final CTG
document ``Control of Volatile Organic Compound Emissions from Coating
Operations at Aerospace Manufacturing and Rework Operations'' (1997).
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 May 24, 2004 without further notice
unless EPA receives adverse comment by April 23, 2004. 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.
You may submit comments either electronically or by mail. To ensure
proper receipt by EPA, identify the appropriate rulemaking
identification number DE070-1043 in the subject line on the first page
of your comment. Please ensure that your comments are submitted within
the specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
Makeba.Morris@epa.gov, attention DE 070-1043. EPA's e-mail system is
not an ``anonymous access'' system. If you send an e-mail comment
directly without going through Regulations.gov, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket.
ii. Regulations.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov
, then select ``Environmental Protection Agency'' at
the top of the page and use the ``go'' button. The list of current EPA
actions available for comment will be listed. Please follow the online
instructions for submitting comments. The system is an ``anonymous
access'' system, which means EPA will not know your identity, e-mail
address, or other contact information unless you provide it in the body
of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in the ADDRESSES
section of this document. These electronic submissions will be accepted
in WordPerfect, Word or ASCII file format.
[[Page 13739]]
Avoid the use of special characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA
Regional office listed in the ADDRESSES section of this document. For
public commenters, it is important to note that EPA's policy is that
public comments, whether submitted electronically or in paper, will be
made available for public viewing at the EPA Regional Office, as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose disclosure is restricted by statute. When EPA
identifies a comment containing copyrighted material, EPA will provide
a reference to that material in the version of the comment that is
placed in the official public rulemaking file. The entire printed
comment, including the copyrighted material, will be available at the
Regional Office for public inspection.
Submittal of CBI Comments
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR Part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
Considerations When Preparing Comments to EPA
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.
IV. Statutory and Executive Order Reviews
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. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 pre-existing 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 (Pub. L. 104-4). This rule also does not
have tribal implications because it will 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).
This action also does not have Federalism implications because it does
not 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).
This action 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 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (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. 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
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 May 24, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it
[[Page 13740]]
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 approving the State of Delaware's amendment to the
definition of the term ``Fire-Resistant (interior) Coating'' in
Regulation 24, Section 10--Aerospace Coatings 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, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: March 16, 2004.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. In Section 52.420, the table in paragraph (c) is amended by revising
the entry for Regulation 24--Control of Volatile Organic Compound
Emissions, Section 10 to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved Regulations in the Delaware SIP
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State
State citation Title/subject effective EPA approval date Additional explanation
date
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* * * * * * *
Regulation 24 CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS
* * * * * * *
Section 10...................... Aerospace Coatings. 02/11/03 March 24, 2004..... Revision to definition
of ``Fire-Resistant
(interior) Coating.''
Section 10 originally
approved 01/26/96, 61
FR 2419.
* * * * * * *
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[FR Doc. 04-6562 Filed 3-23-04; 8:45 am]
BILLING CODE 6560-50-P