[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Rules and Regulations]
[Pages 48297-48305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22933]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MA-19-01-5892a; A-1-FRL-6421-8]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Volatile Organic Compound Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Massachusetts. This revision
establishes reasonably available control technology (RACT) emission
limits for certain industrial categories. The intended effect of this
action is to fully approve the majority of the Commonwealth's SIP
revision submitted on November 13, 1992 and February 17, 1993. The EPA
is granting approval to the generic RACT rule in Title 310 Code of
Massachusetts Regulations (CMR) section 7.18(17) only in the
Springfield, Massachusetts ozone nonattainment area (Berkshire,
Franklin, Hampden and Hampshire counties). EPA will address 310 CMR
7.18(17) as it applies to the Boston, Massachusetts ozone nonattainment
area in a future action. This action is being taken under section 110
of the Clean Air Act (Act). 42 U.S.C. 7410.
DATES: This rule will become effective November 2, 1999 without further
notice, unless EPA receives relevant adverse comments on the parallel
notice of proposed rulemaking by October 4, 1999. If EPA receives such
comment, then it will publish a document in the Federal Register
informing the public that this rule will not take effect.
ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystem Protection (mail code CAA), U.S. Environmental
Protection Agency, Region I, 1 Congress Street, Boston, MA 02114-2023.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Office Ecosystem Protection, U.S. Environmental Protection Agency,
Region I, One Congress Street, 11th floor, Boston, MA, and at the
Division of Air Quality Control, Department of Environmental
Protection, One Winter Street, 8th Floor, Boston, MA 02108.
FOR FURTHER INFORMATION CONTACT: Jeanne Cosgrove, (617) 918-1669.
SUPPLEMENTARY INFORMATION: On November 13, 1992 and February 17, 1993,
the Massachusetts Department of Environmental Protection (DEP)
submitted a revision to its SIP. The revision consisted of changes and
additions made to Massachusetts' volatile organic compound (VOC) rules
pursuant to the requirements of section 182(b)(2) of the Act, 42 U.S.C.
7511a(b)(2). Changes were made to the following regulations: 310 CMR
7.00, Definitions; 310 CMR 7.03(13), Paint spray booths; 310 CMR
7.18(2), Compliance with emission limitations; 310 CMR 7.18(7),
Automobile surface coating; 310 CMR 7.18(8), Solvent Metal Degreasing;
310 CMR 7.18(11), Surface coating of miscellaneous metal parts and
products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17), Reasonably
available control technology; and 310 CMR 7.24(3), Distribution of
motor vehicle fuel. Additionally, the following new rules were added to
Massachusetts' Code: 310 CMR 7.18(20), Emission control plans for
implementation of reasonably available control technology; 310 CMR
7.18(21), Surface coating of plastic parts; 310 CMR 7.18(22), Leather
surface coating; 310 CMR 7.18(23), Wood products surface coating; 310
CMR 7.18(24), Flat wood paneling surface coating; 310 CMR 7.18(25),
Offset lithographic printing; 310 CMR 7.18(26), Textile finishing; and
310 CMR 7.18(27), Coating mixing tanks.
I. Background
Under the pre-amended Clean Air Act, ozone nonattainment areas were
required to adopt RACT rules for sources of VOC emissions. EPA issued
three sets of control technique guidelines (CTGs) documents,
establishing a ``presumptive norm'' for RACT for various categories of
VOC sources. The three sets of CTGs were (1) Group I--issued before
January 1978 (15 CTGs); (2) Group II--issued in 1978 (9 CTGs); and (3)
Group III--issued in the early 1980's (5 CTGs). Those sources not
covered by a CTG were called non-CTG sources. EPA determined that the
area's SIP-approved attainment date established which RACT rules the
area needed to adopt and implement. Under section 172(a)(1), ozone
nonattainment areas were generally required to attain the ozone
standard by December 31, 1982. Those areas that submitted an attainment
demonstration projecting attainment by that date were required to adopt
RACT for sources covered by the Group I and II CTGs. Those areas that
sought an extension of the attainment date under section 172(a)(2) to
as late as December 31, 1987 were required to adopt RACT for all CTG
sources and for all major (i.e., 100 ton per year or more of VOC
emissions) non-CTG sources.
Under the pre-amended Act, Massachusetts was designated as
nonattainment for ozone and sought an extension of the attainment date
under section 172(a)(2) to December 31, 1987. Therefore, the
Commonwealth was required to adopt RACT for all CTG sources and for all
major (i.e., 100 ton per year or more of VOC emissions) non-CTG
sources. However, the Commonwealth of Massachusetts did not attain the
ozone standard by the approved attainment date. On May 25, 1988, EPA
notified the Governor of Massachusetts that portions of the SIP were
inadequate to attain and maintain the ozone standard and requested that
deficiencies in the existing SIP be corrected (EPA's SIP-Call). On
November 15, 1990, amendments to the 1977 CAA were enacted. Public Law
101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended
section 182(a)(2)(A) of the CAA, Congress statutorily adopted the
requirement that pre-enactment ozone nonattainment areas that retained
their designation of nonattainment and were classified as marginal or
above fix their deficient RACT rules for ozone by May 15, 1991. The
entire Commonwealth of Massachusetts retained its designation of
nonattainment and was classified as serious nonattainment for ozone. 56
FR 56694 (Nov. 6, 1991). The Commonwealth submitted revisions to meet
the RACT fix-up requirement and EPA has approved those revisions to the
Massachusetts SIP on October 8, 1992, January 11, 1993 and June 30,
1993 (57 FR 46313, 58 FR 3492 and 58 FR 34908.)
Section 182(b)(2) of the amended Act requires States to adopt RACT
rules for all areas designated nonattainment for ozone and classified
as moderate or above. There are three parts to the section 182(b)(2)
RACT requirement: (1) RACT for sources covered by an existing CTG--
i.e., a CTG issued prior to the enactment of the Clean Air Act
Amendments of 1990; (2) RACT for
[[Page 48298]]
sources covered by a post-enactment CTG; and (3) all major sources not
covered by a CTG. This RACT requirement applies to nonattainment areas
that previously were exempt from certain RACT requirements to ``catch
up'' to those nonattainment areas that became subject to those
requirements during an earlier period. In addition, it requires newly
designated ozone nonattainment areas to adopt RACT rules consistent
with those for previously designated nonattainment areas. Subsequent to
the 1990 Clean Air Act, all of Massachusetts was classified as serious
nonattainment for ozone. 56 FR 56694 (Nov. 6, 1991).
Since Massachusetts was previously required to adopt RACT for all
the CTG and major non-CTG sources, the Commonwealth did not need to
adopt any specific additional RACT rules. However, the Commonwealth did
submit a rule for the surface coating of flat wood paneling.
Massachusetts had previously submitted a negative declaration for this
rule, stating that there were no wood paneling sources in
Massachusetts. The Commonwealth is now adopting a wood paneling
regulation because the state has identified such sources. Additionally,
under section 182 of the Act, the major source definition for serious
nonattainment areas was lowered to include sources that have a
potential to emit greater than 50 tons per year of VOC. Therefore, the
Commonwealth needed to lower the applicability cutoff of its non-CTG
and/or relevant CTG-based regulations to include newly classified major
sources in these categories.
In addition, CAA section 184 (b)(1)(B) requires all states in the
Ozone Transport Region (OTR) to impose RACT on all sources covered by a
CTG. Under section 184(b)(2), OTR states must regulate all sources with
potential VOC emissions of 50 tons per year or more as though they were
in a moderate ozone attainment area. All of Massachusetts is part of
the OTR. Therefore, RACT remains a requirement statewide in
Massachusetts even after EPA's recent revocation of the one-hour ozone
standard in Eastern Massachusetts.
VOCs contribute to the production of ground level ozone and smog.
These rules were adopted as part of an effort to achieve the National
Ambient Air Quality Standard (NAAQS) for ozone. The following section
is EPA's evaluation and final action for the following Massachusetts
regulations: 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint spray
booths; 310 CMR 7.18(2), Compliance with emission limitations; 310 CMR
7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal
Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal
parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17),
Reasonably available control technology (as it applies to the
Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission
control plans for implementation of reasonably available control
technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR
7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products
surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating;
310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26),
Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR
7.24(3), Distribution of motor vehicle fuel.
II. EPA Evaluation and Final Action
The Commonwealth has submitted negative declarations for the CTG
categories listed below. Through the negative declarations,
Massachusetts is asserting that it has no sources within its area that
would be subject to a rule for that source category.
Petroleum refinery vacuum producing systems, waste water
separators & process unit turnarounds (Petroleum refinery processes).
Fugitive VOC emissions from petroleum refining (Leaks from
petroleum refinery equipment).
Pharmaceutical manufacture (manufacture of synthesized
pharmaceutical products).
Rubber tire manufacture (Manufacture of pneumatic rubber
tires).
Large petroleum dry cleaners.
Manufacture of high density polyethylene, polypropylene,
and polystyrene resins (Manufacture of high-density polyethylene,
polypropylene and polystyrene resins).
Natural gas/gasoline processing plants (Equipment Leaks
from natural gas/gasoline processing plants).
SOCMI air oxidation processes (Air oxidation processes in
synthetic organic chemical manufacturing industry).
EPA is approving these negative declarations as meeting the section
182(b)(2) and section 184(b) RACT requirements for the source
categories listed. However, if evidence is submitted during the comment
period that there are existing sources within the area that, for
purposes of meeting the RACT requirements, would be subject to one or
more of these rules, if developed, EPA will withdraw final approval
action on the negative declarations.
Massachusetts also submitted revisions to its VOC regulations. In
determining the approvability of a VOC rule, EPA must evaluate the rule
for consistency with the requirements of the Act and EPA regulations,
as found in section 110 and part D of the Act and 40 CFR part 51
(Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). EPA's interpretation of these requirements,
which forms the basis for today's action, appears in various EPA policy
guidance documents. The specific guidance relied on for this action is
referenced within the technical support document and this action. For
the purpose of assisting State and local agencies in developing RACT
rules, EPA prepared a series of CTG documents. The CTGs are based on
the underlying requirements of the Act and specify presumptive norms
for RACT for specific source categories. EPA has not yet developed CTGs
to cover all sources of VOC emissions. Further interpretations of EPA
policy are found in, but not limited to, the following: (1) the
proposed Post-1987 ozone and carbon monoxide policy, 52 FR 45044
(November 24, 1987); (2) the document entitled, ``Issues Relating to
VOC Regulation Cutpoints, Deficiencies, and Deviations, Clarification
to appendix D of November 24, 1987 Federal Register document,''
otherwise known as the ``Blue Book'' (notice of availability was
published in the Federal Register on May 25, 1988 and in the existing
CTGs); (3) the ``Model Volatile Organic Compound Rules for Reasonably
Available Technology,'' (Model VOC RACT Rules) issued as a staff
working draft in June 1992; (4) the document entitled, ``Draft Control
Techniques Guidelines of Control of Volatile Organic Compound Emissions
from Offset Lithographic Printing,'' September 1993; (5) the document
entitled, ``Alternative Control Techniques Document: Offset
Lithographic Printing,'' (EPA 453/R-94-054) June 1994; (6) the document
entitled, ``Alternative Control Techniques Document: Surface Coating of
Automobile/Transportation and Business Machine Plastic Parts,'' (EPA
453/R-94-017), February 1994; and (7) the document entitled, ``Draft
Control Techniques Guidelines of Control of Volatile Organic Compound
Emissions from Wood Furniture Coating Operations, October 1991.'' In
general, these guidance documents have been set forth to ensure that
VOC rules are fully enforceable and strengthen or maintain the SIP.
The changes to Massachusetts's VOC regulations that were included
in the
[[Page 48299]]
November 13, 1992 and February 17, 1993 submittals are summarized
below, along with EPA's action with regard to each measure.
310 CMR 7.00, Definitions
Massachusetts has adopted 47 new and revised definitions which
clarify some of the VOC regulations which EPA is acting upon in this
proposed rulemaking. These definitions are approvable because they
clarify existing and new rules in Massachusetts' VOC regulations.
310 CMR 7.03(13), Paint Spray Booths
The Commonwealth revised this regulation to include citations for
the new VOC regulations added to 310 CMR 7.18. 310 CMR 7.03(13)
currently regulates any new or modified paint spray booths. This
revision is approvable.
310 CMR 7.18(2), Compliance with Emission Limitations
Section (f) was added to this regulation to include an exemption
for noncompliant coatings used in amounts less than 55 gallons in the
aggregate for any consecutive 12 month period. The change is consistent
with EPA's August 10, 1990 policy memorandum from G.T. Helms, Chief of
the Ozone/Carbon Monoxide Programs Branch of the Office of Air Quality
Planning and Standards, entitled, ``Exemption of Low-Use Coatings.''
Section 193 of the Clean Air Act (i.e., the General Savings Clause),
requires that any regulation in effect before the date of the enactment
of the Clean Air Act Amendments of 1990 in any nonattainment area may
only be modified if the modification insures equivalent or greater
reductions of the same pollutant. Although the proposed addition of 310
CMR 7.18(2)(f) represents a small relaxation of existing control
requirements, the requirements of section 193 are met by the reductions
resulting from other changes being approved in this notice.
The Commonwealth has added another section to 310 CMR 7.18(2) to
allow daily weighted averaging, provided the source meets conditions
outlined in the subsection. This addition is consistent given with the
guidance given in section XX.3082 of EPA's Model Rule and is
approvable.
310 CMR 7.18(7), Automobile Surface Coating
The Commonwealth corrected a typographical mistake in its
automobile surface rule. This change does not affect the rule and is
approvable.
310 CMR 7.18(8), Solvent Metal Degreasing
The Commonwealth has revised it's free board ratio from 0.70 to
0.75. This revision is approval and consistent with EPA's Model Rule.
310 CMR 7.18(11), Surface Coating of Miscellaneous Metal Parts and
Products
The Commonwealth corrected a typographical error in section 310 CMR
7.18(11)(a). This change does not affect the rule and is approvable.
310 CMR 7.18(12), Graphic Arts
This regulation was amended to define RACT for graphic arts sources
with potential emissions from all printing operations of 50 tons or
more per year, which were not previously subject to the rule. While
this change is consistent with the requirements of section 182 of the
Act, the Commonwealth has removed the compliance date for sources
previously subject to the rule. The Commonwealth included a section 301
CMR 7.18(12)(e) allowing enforcement action to be taken on a facility
that was not previously in compliance. EPA interprets 310 CMR
7.18(12)(e) to require sources who meet a size cutoff of 100 tons per
year to meet the compliance dates that were in effect from January 1,
1983 until January 1, 1994. For example, Massachusetts' graphic arts
rule that was adopted on August 17, 1990 had a compliance date for 100
ton sources of December 31, 1982, unless granted an approval by the MA
DEP to December 31, 1985. Therefore, sources who met the 100 tons per
year cutoff had to meet the compliance date of December 31, 1982 unless
the MA DEP granted an extension until December 31, 1985. This revision
is approvable.
310 CMR 7.18(17), Reasonably Available Control Technology
This regulation was amended to define RACT for any facility that
has the potential to emit, before add-on control, equal to or greater
than 25 tons per year. Section 182(b)(2) of the CAA requires that a SIP
revision be submitted by November 15, 1992 including ``provisions to
require the implementation of RACT. * * *'' In addition, the necessary
SIP revision is required to ``provide for the implementation of the
required measures as expeditiously as practicable but no later then May
31, 1995.'' This regulation describes a process by which RACT can be
defined but does not specifically define RACT for each source
applicable to the regulation. To receive full approval, Massachusetts
will need to define explicitly, and have approved by EPA, RACT for all
of the sources that are subject to 310 CMR 7.18(17). Because there are
sources in the eastern Massachusetts ozone nonattainment area for which
RACT plans have not yet been approved by EPA, EPA will address 310 CMR
7.18(17) in the Boston Massachusetts ozone nonattainment area in a
separate Federal Register action, along with the case-specific RACT
determinations. Since there are no outstanding RACT determinations in
the Springfield ozone nonattainment area, EPA is approving 310 CMR
7.18(17) as it applies to the Springfield Massachusetts nonattainment
area (i.e., Berkshire, Franklin, Hampden and Hampshire counties).
310 CMR 7.18(20), Emission Control Plans for Implementation of
Reasonably Available Control Technology
This regulation outlines the process by which a facility must
comply with the requirements of RACT under 310 CMR 7.18. This section
says that a source must submit an emission control plan to the
Commonwealth for review and approval. Furthermore, this section lists
what the required elements are in the emission control plan.
310 CMR 7.18(21), Surface Coating of Plastic Parts
This section is added to regulate facilities with plastic parts
coating line(s) which in total have the potential to emit, before add-
on control, equal to or greater than 50 tons per year of VOC and
requires compliance by January 1, 1994. A source can apply for a non-
renewable one year extension of the compliance deadline. This
regulation requires sources who do not have control devices to meet the
following as applied emission limits:
------------------------------------------------------------------------
Emission
limitations
Emission Source (lbs VOC/gal
solids);
------------------------------------------------------------------------
Business Machines/Miscellaneous Plastic Parts:
Color Coating....................................... 3.4
[[Page 48300]]
Color/texture Coating............................... 3.4
EMI/RFI............................................. 8.8
Automotive Interior Parts Coating:
Colorcoat........................................... 5.7
Primer.............................................. 6.7
Automotive Exterior Flexible Parts Coating:
Colorcoat........................................... 9.3
Clearcoat........................................... 6.7
Primer.............................................. 11.9
Automotive Exterior Rigid (non-flexible) Parts Coating:
Colorcoat........................................... 9.3
Clearcoat........................................... 6.7
Primer.............................................. 6.7
------------------------------------------------------------------------
Additionally, the Commonwealth has included the following as
applied emission limits for sources which have add-on control devices:
------------------------------------------------------------------------
Emission
limitations
Emission source (lbs VOC/gal
solids)
------------------------------------------------------------------------
Business Machines/Miscellaneous Plastic Parts:
Color Coating....................................... 1.7
Color/texture Coating............................... 1.7
Primer Coating...................................... 1.4
EMI/RFI............................................. 1.9
Automotive Interior Parts Coating:
Colorcoat........................................... 3.6
Primer.............................................. 1.7
Automotive Exterior Flexible Parts Coating:
Colorcoat........................................... 2.8
Clearcoat........................................... 2.4
Primer.............................................. 4.8
Automotive Exterior Rigid (non-flexible) Parts Coating
Colorcoat........................................... 2.8
Clearcoat........................................... 2.4
Primer.............................................. 3.6
------------------------------------------------------------------------
This regulation is approvable because it is consistent with EPA
guidance and it meets the requirements of the Act.
310 CMR 7.18(22), Leather Surface Coating
The Commonwealth has regulated any leather surface coating line(s)
which in total have the potential to emit before add-on control, equal
to or greater than 50 tons per year of VOC. Compliance is required by
January 1, 1994, unless granted an extension. No leather coater may use
a coating which has an emission limit greater than 27.4 lbs VOC per
gallon solids as applied. This regulation is approvable.
310 CMR 7.18(23), Wood Products Surface Coating
This addition to Massachusetts' rules require facilities with wood
products surface coating line(s) with the potential to emit, before
add-on control, equal to or greater than 50 tons per year of VOC to
meet the following emission limitations:
------------------------------------------------------------------------
Emission
Limitation
Emission Source (lbs VOC/gal
solids)
------------------------------------------------------------------------
Semitransparent stain................................... 89.4
Wash coat............................................... 35.6
Opaque stain............................................ 13.0
Sealer.................................................. 23.4
Pigmented coat.......................................... 15.6
Clear topcoat........................................... 23.4
------------------------------------------------------------------------
A source must comply by January 1, 1994 unless granted a
nonrenewable one year extension. This regulation is approvable and
meets EPA's guidance that was available at the time the rule was
adopted.
310 CMR 7.18(24), Flat Wood Paneling Surface Coating
This regulation requires any flat wood paneling surface coating
line(s) which
[[Page 48301]]
emits, before add-on control equal to or greater than 15 pounds per day
of VOC to comply with the following emission limitations by January 1,
1994:
------------------------------------------------------------------------
Emission
Limitation
(lbs of VOC
Emission Source per 1000
square feet
coated)
------------------------------------------------------------------------
Printed hardwood panels and thin particleboard panels... 6.0
Natural finish hardwood plywood panels.................. 12.0
Class II finish on hardboard panels..................... 10.0
------------------------------------------------------------------------
This regulation is approvable and meets the requirements in EPA's
Model Rule.
310 CMR 7.18(25), Offset Lithographic Printing
The Commonwealth has adopted a regulation which regulates a
facility with offset lithographic presses, which in total have the
potential to emit, before add-on control, equal to or greater than 50
tons per year of VOC. A source subject to this regulation must comply
by January 1, 1994 unless granted a one year extension to January 1,
1995. The requirements for each type of printing press is listed in
Massachusetts' rule and the TSD prepared for this action. This
regulation is approvable.
310 CMR 7.18(26), Textile Finishing
This new regulation applies to any person who owns, leases,
operates or controls a textile finishing facility with potential
emissions of 50 tons per year before add-on control. Sources are
required to comply with the rule by January 1, 1994 unless given a non-
renewable 1 year extension by the Commonwealth. A rotary screen or
roller printing press cannot use a print paste formulation with an
emission limit equal to or greater than 0.5 pounds of VOC per pound of
solids as applied. Additionally, any finishing formulations cannot
contain more than 0.5 pounds of VOC per pound of solids, as applied.
This regulation is approvable because it is consistent with EPA
guidance and it meets the requirements of the Act.
310 CMR 7.18(27), Coating Mixing Tanks
This new section regulates sources who lease, operate or control a
coating mixing tank which emits before add-on control, 15 pounds of VOC
per day. Most of this regulation requires ``good housekeeping''
measures for portable and stationary coating mixing tanks. Any source
which has emissions from coating mixing tanks in excess of 50 tons per
year must submit a plan to the Commonwealth and have it approved. The
plans required by the coating mixing tank regulation are not necessary
in order to enforce the basic RACT housekeeping that EPA is approving.
Those requirements are already specified in the rule. This regulation
is approvable.
310 CMR 7.24(3), Distribution of Motor Vehicle Fuel
The Commonwealth had revised this regulation to include a minor
wording change in the applicability of the rule. Stationary tanks with
the capacity equal to or greater than 2000 gallons are required to have
any vapors displaced through submerged fill to be processed through a
vapor balance system. The former regulation required stationary tanks
greater than 2000 gallons to have their emission processed. The
Commonwealth has also amended recordkeeping and testing provisions.
This revision is approvable.
Transfer Efficiency Test Methods
In each of the new surface coating regulations EPA is approving
today, there is a provision that addresses transfer efficiency. A
typical example is found in the plastic parts surface coating
regulation, 310 CMR 7.18(21)(g), which reads in part: ``Demonstrations
of compliance may include considerations of transfer efficiency
provided that the baseline transfer efficiency is equal to or greater
than 65%, and the transfer efficiency test method is detailed in the
emission control plan approved by the Department.'' See also 310 CMR
7.18 (22)(f) (leather surface coating), (23)(g) (wood products surface
coating), (24)(g) (flatwood paneling surface coating). This provision
is designed to ensure that any transfer efficiency test method is
clearly stated in an emission control plan, but it is not designed to
delegate approval of that test method to DEP. Each of these rules
includes a provision specifically requiring both DEP and EPA approval
of any new test methods, such as 310 CMR 7.18(21)(I), which reads in
part: ``Testing shall be conducted in accordance with EPA Method 24
and/or Method 25 as described in CFR Title 40 part 60, or by other
methods approved by the Department and EPA.'' (Emphasis added; see also
310 CMR 7.18(22)(h), (23)(i), (24)(i).) Any test method used to
demonstrate improved transfer efficiency will have to be approved by
both DEP and EPA, because there is currently no approved method in 40
CFR part 60. EPA is basing its approval of these provisions on its
understanding that it is DEP's intent to submit transfer efficiency
test methods to EPA for approval.
III. Final Action:
EPA is fully approving the VOC RACT regulations submitted by the
Commonwealth on February 17, 1993 as revisions to the Commonwealth's
SIP, with the exception of 310 CMR 7.18(17). For this regulation, EPA
is approving it only as it applies to the Springfield, Massachusetts
ozone nonattainment area (i.e., Berkshire, Franklin, Hampden and
Hampshire counties).
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, the EPA is publishing a separate document
that will serve as a proposal to approve the SIP revision should
relevant adverse comments be filed. This action will be effective
November 2, 1999 without further notice unless, by October 4, 1999,
relevant adverse comments are received.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. Only parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective November 2, 1999 and no further action will be
taken on the proposed rule.
Nothing in this action should be construed as permitting or
allowing or
[[Page 48302]]
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.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of state, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it does not involve
decisions intended to mitigate environmental health or safety risks.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This FINAL rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate, or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. 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
[[Page 48303]]
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).
H. 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 November 2, 1999. 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 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).) EPA encourages
interested parties to comment in response to the proposed rule rather
than petition for judicial review, unless the objection arises after
the comment period allowed for in the proposal.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Ozone, Reporting and recordkeeping
requirements.
Note: Incorporation by reference of the State Implementation
Plan for the State of Massachusetts was approved by the Director of
the Federal Register on July 1, 1982.
Dated: June 24, 1999.
John P. DeVillars,
Regional Administrator, Region I.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart W--Massachusetts
2. Section 52.1120 is amended by adding paragraph (c)(117) to read
as follows:
Sec. 52.1120 Identification of plan.
* * * * *
(c) * * *
(117) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 17,
1993.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated February 17, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Regulations 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint
spray booths; 310 CMR 7.18(2), Compliance with emission limitations;
310 CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent
Metal Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous
metal parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR
7.18(17), Reasonable available control technology (as it applies to the
Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission
control plans for implementation of reasonably available control
technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR
7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products
surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating;
310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26),
Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR
7.24(3), Distribution of motor vehicle fuel all effective on February
12, 1993.
3. In Sec. 52.1167 Table 52.1167 is amended by adding new entries
in numerical order to existing state citations: ``310 CMR 7.00,
Definitions; 310 CMR 7.18(2), Compliance with emission limitations; 310
CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal
Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal
parts and products; 310 CMR 7.18(12), Graphic arts; and 310 CMR
7.18(17), Reasonable available control technology; and by adding the
following new state citations: 310 CMR 7.03(13), Paint spray booths;
310 CMR 7.18(20), Emission control plans for implementation of
reasonably available control technology; 310 CMR 7.18(21), Surface
coating of plastic parts; 310 CMR 7.18(22), Leather surface coating;
310 CMR 7.18(23), Wood products surface coating; 310 CMR 7.18(24), Flat
wood paneling surface coating; 310 CMR 7.18(25), Offset lithographic
printing; 310 CMR 7.18(26), Textile finishing; 310 CMR 7.18(27),
Coating mixing tanks; and 310 CMR 7.24(3), Distribution of motor
vehicle fuel.
Sec. 52.1167 EPA--approved Massachusetts State regulations
* * * * *
Table 52.1167--EPA--Approved Massachusetts Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date
State citation Title/Subject Date submitted by approved by Federal Register 52.1120(c) Comments/unapproved sections
State EPA citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
310 CMR 7.00 Definitions February 17, 1993 9/3/1999 [Insert FR c(117) ...................................
citation from
published date].
* * * * * * *
310 CMR 7.03(13)............... Paint spray booths February 17, 1993 9/3/1999 [Insert FR c(117) Adds the following coating
citation from operations: plastic parts surface
published date]. coating, leather surface coating,
wood product surface coating, and
flat wood paneling surface
coating.
[[Page 48304]]
* * * * * * *
310 CMR 7.18(2)................ Compliance with February 17, 1993 9/3/1999 [Insert FR c(117) Adds an exemption for coatings used
emission citation from in small amounts, and a section on
limitations. published date]. daily weighted averaging.
* * * * * * *
310 CMR 7.18(7)................ Automobile surface February 17, 1993 9/3/1999 [Insert FR c(117) Revises a limit for primer surface
coating. citation from coating.
published date].
310 CMR 7.18(8)................ Solvent Metal February 17, 1993 9/3/1999 [Insert FR c(117) Adds a typographical correction.
Degreasing. citation from
published date].
* * * * * * *
310 CMR 7.18(11)............... Surface coating of February 17, 1993 9/3/1999 [Insert FR c(117) Revises a reference.
miscell-aneous citation from
metal parts and published date].
products.
310 CMR 7.18(12)............... Graphic arts February 17, 1993 9/3/1999 [Insert FR c(117) Amends applicability to 50 tons per
citation from year VOC.
published date].
310 CMR 7.18(17)............... Reasonable February 17, 1993 9/3/1999 [Insert FR c(117) Adds new VOC RACT requirements in
available control citation from the Springfield, Mass. ozone
technology. published date]. nonattainment area only.
* * * * * * *
310 CMR 7.18(20)............... Emission Control February 17, 1993 9/3/1999 [Insert FR c(117) Adds new VOC RACT requirements.
Plans for citation from
implementa-tion published date].
of reasonably
available control
technology.
310 CMR 7.18(21)............... Surface coating February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for plastic parts
of plastic parts. citation from surface coating.
published date].
310 CMR 7.18(22)............... Leather surface February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for leather surface
coating. citation from coating.
published date].
310 CMR 7.18(23)............... Wood products February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for wood product
surface coating. citation from surface coating.
published date].
310 CMR 7.18(24)............... Flat wood paneling February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for flat wood
surface coating. citation from paneling surface coating.
published date].
310 CMR 7.18(25)............... Offset February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for offset
lithographic citation from lithographic printing.
printing. published date].
310 CMR 7.18(26)............... Textile finishing February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for textile
citation from finishing.
published date].
310 CMR 7.18(27)............... Coating mixing February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for coating mixing
tanks. citation from tanks.
published date].
* * * * * * *
310 CMR 7.24(3)................ Distribution of February 17, 1993 9/3/1999 [Insert FR c(117) Amends distribution of motor fuel
motor vehicle citation from requirements, applicability,
fuel. published date]. recordkeeping and testing
requirements.
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[[Page 48305]]
[FR Doc. 99-22933 Filed 9-2-99; 8:45 am]
BILLING CODE 6560-50-P
