Beruflich Dokumente
Kultur Dokumente
Dated: November 13, 2006. Authority: 42 U.S.C. 7401 et seq. § 52.570 Identification of plan.
A. Stanley Meiburg, * * * * *
Acting Regional Administrator, Region 4. Subpart L—Georgia
(e) * * *
■ 40 CFR part 52 is amended as follows: ■ 2. Section 52.570(e) is amended by
adding a entry at the end of the table for
PART 52—[AMENDED] ‘‘Douglas County, GA’’ to read as
■ 1. The authority citation for part 52 follows:
continues to read as follows:
* * * * * * *
Alternative Fuel Refueling Station/Park and Ride Trans- Douglas County, GA ......... 09/19/06 11/28/06 [Insert citation of publication].
portation Center, Project DO–AR–211 is removed.
[FR Doc. E6–20141 Filed 11–27–06; 8:45 am] standards for approval described in personal information provided, unless
BILLING CODE 6560–50–P section 110(l) of the CAA. the comment includes information
DATES: This direct final action is claimed to be Confidential Business
effective January 29, 2007 without Information (CBI) or other information
ENVIRONMENTAL PROTECTION further notice unless EPA receives whose disclosure is restricted by statute.
AGENCY adverse comment by December 28, Do not submit through
2006. If adverse comment is received, www.regulations.gov or e-mail,
40 CFR Part 52 EPA will publish a timely withdrawal of information that you consider to be CBI
the direct final action in the Federal or otherwise protected. The
[EPA–R04–OAR–2005–FL–0002–200530(a); Register and inform the public that the www.regulations.gov Web site is an
FRL–8246–2] direct final action will not take effect. ‘‘anonymous access’’ system, which
ADDRESSES: Submit your comments, means EPA will not know your identity
Approval and Promulgation of or contact information unless you
Implementation Plans Florida: identified by Docket ID No. EPA–R04–
OAR–2005–FL–0002, by one of the provide it in the body of your comment.
Lockheed Martin Aeronautics If you send an e-mail comment directly
Company following methods:
1. http://www.regulations.gov: Follow to EPA without going through
AGENCY: Environmental Protection the on-line instructions for submitting www.regulations.gov, your e-mail
Agency (EPA). comments. address will be automatically captured
ACTION: Direct final rule. 2. E-mail: hou.james@epa.gov. and included as part of the comment
3. Fax: (404) 562–9019. that is placed in the public docket and
SUMMARY: EPA is taking direct final 4. Mail: ‘‘EPA–R04–OAR–2005–FL– made available on the Internet. If you
action under section 110 of the Clean 0002,’’ Regulatory Development Section, submit an electronic comment, EPA
Air Act (CAA), 42 U.S.C. 7410, to Air Planning Branch, Air, Pesticides and recommends that you include your
approve a revision to the Florida State Toxics Management Division, U.S. name and other contact information in
Implementation Plan (SIP) submitted by Environmental Protection Agency, the body of your comment and with any
the Florida Department of Region 4, 61 Forsyth Street, SW., disk or CD–ROM you submit. If EPA
Environmental Protection (FDEP) on Atlanta, Georgia 30303–8960. cannot read your comment due to
June 8, 2005. The revision is source- 5. Hand Delivery or Courier: James technical difficulties and cannot contact
specific to the Lockheed Martin Hou, Regulatory Development Section, you for clarification, EPA may not be
Aeronautics Company (LM), located in Air Planning Branch, Air, Pesticides and able to consider your comment.
Pinellas County, Florida, and regards Toxics Management Division, U.S. Electronic files should avoid the use of
that facility’s compliance with Florida’s Environmental Protection Agency, special characters, any form of
Surface Coating of Miscellaneous Metal Region 4, 61 Forsyth Street, SW., encryption, and be free of any defects or
Parts and Products Reasonably Atlanta, Georgia 30303–8960. Such viruses. For additional information
Available Control Technology rule, deliveries are only accepted during the about EPA’s public docket visit the EPA
found at Florida Administrative Code Regional Office’s normal hours of Docket Center homepage at http://
(F.A.C.) Rule 62–296.513 (FL MMPP operation. The Regional Office’s official www.epa.gov/epahome/dockets.htm.
Rule). The source-specific SIP revision hours of business are Monday through Docket: All documents in the
seeks to allow LM to employ as Friday, 8:30 to 4:30, excluding Federal electronic docket are listed in the
reasonably available control technology holidays. www.regulations.gov index. Although
(RACT) the control techniques outlined Instructions: Direct your comments to listed in the index, some information is
in EPA’s December 1997, ‘‘Aerospace Docket ID No. ‘‘EPA–R04–OAR–2005– not publicly available (i.e., CBI or other
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Control Technique Guidelines’’ (EPA’s FL–0002.’’ EPA’s policy is that all information whose disclosure is
Aerospace CTG), instead of the RACT comments received will be included in restricted by statute). Certain other
described in the FL MMPP Rule. The the public docket without change and material, such as copyrighted material,
source-specific SIP revision is may be made available online at http: is not placed on the Internet and will be
approvable because it meets the //www.regulations.gov, including any publicly available only in hard copy
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68744 Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Rules and Regulations
form. Publicly available docket Aerospace CTG as part of their revision would interfere with any
materials are available either regulations of VOC emissions from the applicable requirement concerning
electronically in http:// aerospace industry. Although Florida attainment of any of the National
www.regulations.gov or in hard copy at has not yet revised its SIP to include Ambient Air Quality Standards
the Regulatory Development Section, EPA’s Aerospace CTG for all aerospace (NAAQS), or any other applicable
Air Planning Branch, Air, Pesticides and manufacturers, it did submit a source- requirements of the CAA. Because
Toxics Management Division, U.S. specific SIP revision on June 8, 2005, for EPA’s Aerospace CTG is specific to the
Environmental Protection Agency, LM’s Pinellas County facility to utilize aerospace industry, the applicable
Region 4, 61 Forsyth Street, SW., the RACT described in EPA’s Aerospace RACT is better suited than the FL
Atlanta, Georgia 30303–8960. EPA CTG in lieu of the FL MMPP Rule, MMPP Rule to control VOC emissions
requests that, if at all possible, you which is not specific to the aerospace from that industry.
contact the person listed in the FOR industry.
LM produces aerospace parts and Both the FL MMPP Rule and EPA’s
FURTHER INFORMATION CONTACT section to
components, primarily in support of the Aerospace CTG describe ‘‘RACT;’’
schedule your inspection. The Regional however, the CTG describes specific
Office’s official hours of business are manufacture and sustainability of
military aircrafts. At the present time, RACT for the aerospace industry, and
Monday through Friday, 8:30 to 4:30,
the surface coating operations of LM are therefore, can provide more effective
excluding Federal holidays.
exempt from the FL MMPP Rule emissions control options for that
FOR FURTHER INFORMATION CONTACT: industry. For example, the FL MMPP
James Hou, Regulatory Development because its operations emit VOCs at
lower rates than the minimum rates Rule describes RACT generally for
Section, Air Planning Branch, Air, primers and topcoats that are typically
Pesticides and Toxics Management necessary to be regulated under that
Rule. However, LM anticipates that it applied within a confined environment
Division, U.S. Environmental Protection such as a paint booth. EPA’s Aerospace
will increase production levels such
Agency, Region 4, 61 Forsyth Street, CTG has greater detail and addresses
that VOC emissions from surface coating
SW., Atlanta, Georgia 30303–8960. The RACT specifically for solvent cleaning
operations in the near future would
telephone number is (404) 562–8965. operations, adhesive and sealant
exceed the exemption criteria of the FL
Mr. Hou can also be reached via application, specialty coating materials
MMPP Rule, thus subjecting LM to the
electronic mail at hou.james@epa.gov. that are not applied in a booth, and
RACT requirements of the FL MMPP
SUPPLEMENTARY INFORMATION: Rule. As will be discussed in greater waste handling operations, among other
I. Background detail below, the RACT described in situations. As a result, the RACT
EPA’s Aerospace CTG is more detailed described in EPA’s Aerospace CTG may
The FL MMPP Rule describes specific than the RACT required by the FL be more stringent than the FL MMPP
RACT that is necessary to achieve the MMPP Rule because it focuses on Rule because the FL MMPP Rule does
specified emission rates for volatile specific aspects of the aerospace not address all the specific situations
organic compounds (VOCs). industry that result in VOC emissions. applicable to the aerospace industry.
Specifically, the Rule requires sources As a result, in the case of LM, the RACT According to data provided to EPA by
that apply surface coatings to any described in EPA’s Aerospace CTG is LM, LM can reduce VOC emissions to
number of metal parts and products to expected to be more effective than the a greater extent using EPA’s Aerospace
limit their VOC emission rates. RACT described in FL MMPP Rule for CTG RACT in lieu of the FL MMPP Rule
Consistent with the FL MMPP Rule, controlling emissions from LM’s RACT. In summary, LM’s use of EPA’s
however, sources are exempt from Pinellas County facility. Aerospace CTG RACT is expected to
regulation if they emit not more than 15 On June 8, 2005, FDEP submitted a result in at least equivalent controls, if
pounds in any one day and not more source-specific SIP revision to EPA not more stringent controls, than those
than three pounds in any one hour. requiring the Pinellas County LM imposed by the FL MMPP Rule.
F.A.C. Rule 62.296.500(3)(a). The FL facility to comply with EPA’s Aerospace Additionally, on May 19, 2005, FDEP
MMPP Rule was incorporated into the CTG in lieu of the FL MMPP Rule. In issued a federally enforceable minor-
Florida SIP on June 16, 1999 (64 FR essence, FL is requesting that EPA source air construction permit to the
32346), and applies to a wide range of approve a SIP revision subjecting LM to facility, limiting LM’s total VOC
source categories, including aerospace the RACT described in EPA’s Aerospace
manufacturing. emissions to 25 tpy, representing
CTG. EPA is now taking direct final another limit on VOC emissions from
Section 183 of the Clean Air Act, 42 action to approve that revision into the
U.S.C. 7511b, ‘‘Federal ozone this facility.
Florida SIP.
measures,’’ requires EPA to issue EPA has further determined that
control techniques guidelines for II. Analysis of State’s Submittal approving this source-specific SIP
categories of stationary sources of VOC As noted above, EPA has encouraged revision will not interfere with any
emissions. Pursuant to section 183 of the adoption of its Aerospace CTG for applicable requirement concerning
the CAA, in December 1997, EPA issued the regulation of VOC emissions from attainment and reasonable further
a control techniques guideline entitled, the aerospace industry. This source- progress or any other applicable
‘‘Control of Volatile Organic Compound specific SIP revision, which would requirement, as described in section
Emissions from Coating Operations at require that LM comply with EPA’s 110(l) of the CAA due to the fact that
Aerospace Manufacturing and Rework Aerospace CTG in lieu of the FL MMPP this source-specific SIP revision will
Operations,’’ (EPA Publication No. Rule, is consistent with that policy. impose more stringent RACT on LM’s
EPA–453/R–97–004) (EPA’s Aerospace As part of its review of this proposed facility than would otherwise be
CTG). The purpose of EPA’s Aerospace SIP revision, EPA evaluated the required under Florida Law. Based on
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CTG is to present feasible RACT control proposed revision consistent with the the foregoing analysis, EPA has
measures for VOC emissions from standards described in section 110(l) of determined that the proposed source-
coatings and solvents used specifically the CAA, ‘‘Plan revisions.’’ Section specific revision to the Florida SIP is
in the aerospace industry. EPA has 110(l) specifies that EPA may not consistent with section 110(l) of the
encouraged states to adopt EPA’s approve a revision of a plan if the CAA, and is approvable.
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Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Rules and Regulations 68745
III. Final Action rule approves pre-existing requirements Business Regulatory Enforcement
EPA is taking direct final action to under state law and does not impose Fairness Act of 1996, generally provides
approve a revision to the Florida SIP any additional enforceable duty beyond that before a rule may take effect, the
submitted by FDEP on June 8, 2005. The that required by state law, it does not agency promulgating the rule must
revision is source-specific to the LM contain any unfunded mandate or submit a rule report, which includes a
facility located in Pinellas County, significantly or uniquely affect small copy of the rule, to each House of the
Florida, and regards that facility’s use of governments, as described in the Congress and to the Comptroller General
RACT to control VOC emissions. Instead Unfunded Mandates Reform Act of 1995 of the United States. EPA will submit a
of following the RACT described in the (Pub. L. 104–4). report containing this rule and other
FL MMPP Rule, the source-specific This rule also does not have tribal required information to the U.S. Senate,
revision requires LM to comply with the implications because it will not have a the U.S. House of Representatives, and
RACT described in EPA’s Aerospace substantial direct effect on one or more the Comptroller General of the United
CTG. EPA is publishing this direct final Indian tribes, on the relationship States prior to publication of the rule in
action without prior proposal because between the Federal Government and the Federal Register. A major rule
the Agency views this as a Indian tribes, or on the distribution of cannot take effect until 60 days after it
noncontroversial submittal and power and responsibilities between the is published in the Federal Register.
anticipates no adverse comments. Federal Government and Indian tribes, This action is not a ‘‘major rule’’ as
However, in the proposed rules section as specified by Executive Order 13175 defined by 5 U.S.C. 804(2).
of this Federal Register publication, (65 FR 67249, November 9, 2000). This
Under section 307(b)(1) of the CAA,
EPA is publishing a separate document action also does not have Federalism
petitions for judicial review of this
that will serve as the proposal to implications because it does not have
substantial direct effects on the states, action must be filed in the United States
approve the SIP revision should adverse Court of Appeals for the appropriate
comments be filed. This direct final on the relationship between the national
government and the states, or on the circuit by January 29, 2007. Filing a
action will be effective January 29, 2007 petition for reconsideration by the
without further notice unless the distribution of power and
responsibilities among the various Administrator of this final rule does not
Agency receives adverse comments by affect the finality of this rule for the
December 28, 2006. levels of government, as specified in
Executive Order 13132 (64 FR 43255, purposes of judicial review nor does it
If the EPA receives adverse extend the time within which a petition
comments, then EPA will withdraw the August 10, 1999). This action merely
approves state law as meeting Federal for judicial review may be filed, and
direct final action and inform the public shall not postpone the effectiveness of
that the direct final action will not take requirements and imposes no additional
requirements beyond those imposed by such rule or action. This action may not
effect. All public comments received be challenged later in proceedings to
will then be addressed in a subsequent state law. As a result, the action does
not alter the relationship or the enforce its requirements. (See section
final action based on the proposal. EPA 307(b)(2).)
will not institute a second comment distribution of power and
period. Parties interested in responsibilities established in the CAA. List of Subjects in 40 CFR Part 52
commenting should do so at this time. This rule also is not subject to Executive
If no such comments are received, the Order 13045 ‘‘Protection of Children Environmental protection, Air
public is advised that this rule will be from Environmental Health Risks and pollution control, Carbon monoxide,
effective on January 29, 2007 and no Safety Risks’’ (62 FR 19885, April 23, Ozone, Particulate matter, Reporting
further action will be taken on the 1997), because it is not economically and recordkeeping requirements,
proposed action. significant. Volatile organic compounds.
In reviewing SIP submissions, EPA’s Dated: November 6, 2006.
IV. Statutory and Executive Order role is to approve state choices, A. Stanley Meiburg,
Reviews provided that they meet the criteria of Acting Regional Administrator, Region 4.
Under Executive Order 12866 (58 FR the CAA. In this context, in the absence
51735, October 4, 1993), this action is of a prior existing requirement for the ■ 40 CFR part 52, is amended as
not a ‘‘significant regulatory action’’ and State to use voluntary consensus follows:
therefore is not subject to review by the standards (VCS), EPA has no authority
Office of Management and Budget. For to disapprove a SIP submission for PART 52—[AMENDED]
this reason, this action is also not failure to use VCS. It would thus be
subject to Executive Order 13211, inconsistent with applicable law for ■ 1. The authority citation for part 52
‘‘Actions Concerning Regulations That EPA, when it reviews a SIP submission, continues to read as follows:
Significantly Affect Energy Supply, to use VCS in place of a SIP submission Authority: 42 U.S.C. 7401 et seq.
Distribution, or Use’’ (66 FR 28355, May that otherwise satisfies the provisions of
22, 2001). This action merely approves the CAA. Thus, the requirements of Subpart K—Florida
state law as meeting Federal section 12(d) of the National
requirements and imposes no additional Technology Transfer and Advancement ■ 2. Section 52.520(d) is amended by
requirements beyond those imposed by Act of 1995 (15 U.S.C. 272 note) do not adding a new entry at the end of the
state law. Accordingly, the apply. This rule does not impose an table for ‘‘Lockheed Martin Aeronautics
Administrator certifies that this rule information collection burden under the Company’’ to read as follows:
will not have a significant economic provisions of the Paperwork Reduction
§ 52.520 Identification of plan.
impact on a substantial number of small Act of 1995 (44 U.S.C. 3501 et seq.).
* * * * *
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68746 Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Rules and Regulations
Lockheed Martin Aeronautics ........................ 04/16/05 11/28/06 [Insert citation of Requirement that Lockheed Martin Aero-
Company. publication]. nautics Company comply with EPA’s Aero-
space CTG at its Pinellas County facility.
reference of certain publications in this made available on the Internet. If you Environmental Protection Agency, One
rule is approved by the Director of the submit an electronic comment, EPA Congress Street, Suite 1100 (CAP),
Federal Register as of January 29, 2007. recommends that you include your Boston, MA 02114–2023, telephone
ADDRESSES: Submit your comments, name and other contact information in number (617) 918–1656, e-mail
identified by Docket ID Number EPA– the body of your comment and with any lancey.susan@epa.gov.
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