95-292. Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; RACT for Nichols and Stone Company  

  • [Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
    [Rules and Regulations]
    [Pages 2016-2018]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-292]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 52
    
    [MA-26-1-6173a; A-1-FRL-5123-5]
    
    
    Approval and Promulgation of Air Quality Implementation Plans; 
    Massachusetts; RACT for Nichols and Stone Company
    
    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 and requires reasonably available control technology (RACT) 
    for Nichols & Stone Company in Gardner, MA. The intended effect of this 
    action is to approve a source specific RACT determination made by 
    Massachusetts in accordance with the commitments specified in its Ozone 
    Attainment Plan approved by EPA on November 9, 1983. This action is 
    being taken in accordance with section 110 of the Clean Air Act.
    
    DATES: This final rule is effective March 7, 1995, unless notice is 
    received by February 6, 1995 that adverse or critical comments will be 
    submitted. If the effective date is delayed, timely notice will be 
    published in the Federal Register.
    
    ADDRESSES: Comments may be mailed to Linda M. Murphy, Director, Air, 
    Pesticides and Toxics Management Division, U.S. Environmental 
    Protection Agency, Region I, JFK Federal Building, Boston, MA 02203. 
    Copies of the documents relevant to this action are available for 
    public inspection during normal business hours, by appointment at the 
    Air, Pesticides and Toxics Management Division, U.S. Environmental 
    Protection Agency, Region I, One Congress Street, 10th floor, Boston, 
    MA; and Division of Air Quality Control, Department of Environmental 
    Protection, One Winter Street, 8th Floor, Boston, MA 02108.
    
    FOR FURTHER INFORMATION CONTACT: Jeanne Cosgrove, (617) 565-3246.
    
    SUPPLEMENTARY INFORMATION: On July 19, 1993 and October 27, 1993, the 
    Massachusetts Department of Environmental Protection (DEP) submitted a 
    formal revision to its State Implementation Plan (SIP). The SIP 
    revision consists of a final plan approval issued to Nichols & Stone 
    Company, effective June 30, 1993. The plan approval establishes and 
    requires reasonably available control technology (RACT) to control 
    volatile organic compound (VOC) emissions from Nichols & Stone in 
    Gardner, Massachusetts.
    
    Summary of SIP Revision
    
        The DEP issued this plan approval pursuant to the requirements 
    found in 310 CMR 7.18(17), which was approved by EPA on November 9, 
    1983 (48 FR 51480) as part of Massachusetts' Ozone Attainment Plan. 
    Massachusetts Regulation 310 CMR 7.18(17),'' Reasonably Available 
    Control Technology (RACT),'' requires the DEP to determine and impose 
    RACT on otherwise unregulated stationary sources of VOC with the 
    potential to emit greater than or equal to 100 tons per year.
        For the reasons outlined in the Technical Support Document prepared 
    for this revision, EPA believes that the limits the DEP has established 
    represent RACT for Nichols & Stone.
        The plan approval, dated June 30, 1993, requires Nichols & Stone to 
    meet a 12 month rolling average VOC limit of 98 tons for the entire 
    facility. To ensure short term compliance and enforceability, the MA 
    DEP has set the following emission limitations on the VOC content in 
    the coatings as applied to the wood furniture:
    
    ------------------------------------------------------------------------
                                                                  Lbs. VOC/ 
                                                                  gallon of 
                                                                   coating  
                       Description of coating                       (less   
                                                                  water) as 
                                                                   applied  
    ------------------------------------------------------------------------
    Stains.....................................................         6.63
    Sealers....................................................         4.91
    Black Undercoat............................................         6.29
    Lacquer Sheen topcoat (to be used specifically for the                  
     college chair business)...................................          5.6
    Topcoats (except for lacquer sheens).......................          4.7
    Toner......................................................         6.67
    colored lacquer............................................         6.11
    ------------------------------------------------------------------------
    
        Other RACT conditions include high volume low pressure (HVLP) 
    technology, good housekeeping practices and recordkeeping/monitoring 
    requirements. Nichols & Stone is required to minimize air emissions by 
    using HVLP technology for all finishing operations, except for staining 
    of chairs which use flow coaters, decorative hand painting and small 
    touch up/repair work. Small touch up/repair work using air-assisted 
    spray guns must not exceed 5 gallons of coating per day for the entire 
    facility. All VOC formulations must be stored in covered containers. 
    Spray guns must be enclosed during cleaning or cleaned without 
    solvents. To evaluate compliance, the plan approval requires Nichols & 
    Stone to maintain daily records of the identity, quantity and VOC 
    content of each coating as applied.
        EPA is publishing this action without prior proposal because the 
    Agency [[Page 2017]] views this as a noncontroversial amendment and 
    anticipates no adverse comments. However, in a separate document in 
    this Federal Register publication, EPA is proposing to approve the SIP 
    revision should adverse or critical comments be filed. This action will 
    be effective on March 7, 1995 unless, within 30 days of its 
    publication, adverse or critical comments are received.
        If the EPA receives such comments, this action will be withdrawn 
    before the effective date by simultaneously publishing a subsequent 
    notice that will withdraw the final action. All public comments 
    received will then be addressed in a subsequent final rule based on 
    this action serving as a proposed rule. The EPA will not institute a 
    second comment period on this action. Any parties interested in 
    commenting on this action should do so at this time. If no such 
    comments are received, the public is advised that this action will be 
    effective on March 7, 1995.
    
    FINAL ACTION: EPA is approving the conditions described above as RACT 
    for Nichols & Stone Company.
        Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et. seq., 
    EPA must prepare a regulatory flexibility analysis assessing the impact 
    of any proposed or final rule on small entities. 5 U.S.C. Secs. 603 and 
    604. Alternatively, EPA may certify that the rule will not have a 
    significant impact on a substantial number of small entities. Small 
    entities include small businesses, small not-for-profit enterprises, 
    and government entities with jurisdiction over populations of less than 
    50,000.
        This action has been classified as a Table 3 action by the Regional 
    Administrator under the procedures published in the Federal Register on 
    January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
    memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
    Air and Radiation. A future notice will inform the general public of 
    these tables. On January 6, 1989, the Office of Management and Budget 
    (OMB) waived Table 2 and Table 3 SIP revisions from the requirement of 
    section 3 of Executive Order 12291 for a period of two years. The U.S. 
    EPA has submitted a request for a permanent waiver for Table 2 and 
    Table 3 SIP revisions. The OMB has agreed to continue the waiver until 
    such time as it rules on U.S. EPA's request. This request continues in 
    effect under Executive Order 12866 which superseded Executive Order 
    12291 on September 30, 1993.
        SIP approvals under section 110 and subchapter I, Part D of the CAA 
    do not create any new requirements, but simply approve requirements 
    that the State is already imposing. Therefore, because the federal SIP-
    approval does not impose any new requirements, I certify that it does 
    not have a significant impact on any small entities affected. Moreover, 
    due to the nature of the federal-state relationship under the CAA, 
    preparation of a regulatory flexibility analysis would constitute 
    federal inquiry into the economic reasonableness of state action. The 
    CAA forbids EPA to base its actions concerning SIPs on such grounds. 
    Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
    42 U.S.C. Sec. 7410 (a)(2).
        Nothing in this action should be construed as permitting or 
    allowing or establishing a precedent for any future request for 
    revision to any State implementation plan. Each request for revision to 
    the State implementation plan shall be considered separately in light 
    of specific technical, economic, and environmental factors and in 
    relation to relevant statutory and regulatory requirements.
        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 March 7, 1995. 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).)
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Hydrocarbons, 
    Incorporation by reference, Ozone.
    
        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: September 18, 1994.
    John 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)(100) to read 
    as follows:
    
    
    Sec. 52.1120  Identification of plan.
    
    * * * * *
        (c) * * *
        (100) Revisions to the State Implementation Plan submitted by the 
    Massachusetts Department of Environmental Protection on July 19, 1993.
        (i) Incorporation by reference.
        (A) Letter from the Massachusetts Department of Environmental 
    Protection dated July 19, 1993 submitting a revision to the 
    Massachusetts State Implementation Plan.
        (B) Plan approval no. C-P-93-011, effective June 30, 1993, which 
    contains emissions standards, operating conditions, and recordkeeping 
    requirements applicable to Nichols & Stone Company in Gardner, 
    Massachusetts.
        (ii) Additional materials.
        (A) Letter dated October 27, 1993 from Massachusetts Department of 
    Environmental Protection submitting certification of a public hearing.
    * * * * *
        3. In Sec. 52.1167 Table 52.1167 is amended by adding a new entry 
    to existing state citations for 310 CMR 7.18(17) to read as follows:
    
    
    Sec. 52.1167  EPA-approved Massachusetts State regulations.
    
    * * * * *
    
                                                       Table 52.1167.--EPA-Approved Rules and Regulations                                                   
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Date submitted by                              Federal Register     52.1120   Comments/unapproved 
          State citation             Title/subject              State           Date approved by EPA         citation           (c)           sections      
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    310 CMR 7.18(17)            RACT..................  July 19, 1993........  January 6, 1995......  [Insert FR citation         100  RACT Approval for    
                                                                                                       from published date].            Nichols & Stone Co. 
    [[Page 2018]]                                                                                                                                           
                                                                                                                                                            
                                                                                                                                                            
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    [FR Doc. 95-292 Filed 1-5-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
3/7/1995
Published:
01/06/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
95-292
Dates:
This final rule is effective March 7, 1995, unless notice is received by February 6, 1995 that adverse or critical comments will be submitted. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
2016-2018 (3 pages)
Docket Numbers:
MA-26-1-6173a, A-1-FRL-5123-5
PDF File:
95-292.pdf
CFR: (2)
40 CFR 52.1120
40 CFR 52.1167