[Federal Register Volume 63, Number 77 (Wednesday, April 22, 1998)]
[Rules and Regulations]
[Pages 19825-19829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10724]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VT-006-01-1219a; A-1-FRL-5998-1]
Approval and Promulgation of Air Quality Implementation Plans;
Vermont; VOC Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the State of Vermont on February 4, 1993, August 9, 1993,
and August 10, 1994. These SIP revisions establish requirements for
certain categories of sources which emit volatile organic compounds.
The intended effect of this action is to approve these regulations into
the Vermont SIP. This action is being taken in accordance with the
Clean Air Act (CAA).
DATES: This rule is effective June 22, 1998 without further notice,
unless EPA receives relevant adverse comments by May 22, 1998. If EPA
receives such comments, then it will publish a timely document
withdrawing this rule.
ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystem Protection (mail code CAA), 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
Office Ecosystem Protection, U.S. Environmental Protection Agency,
Region I, One Congress Street, 11th floor, Boston, MA; and Air
Pollution Control Division, Agency of Natural Resources, Building 3
South, 103 South Main Street, Waterbury, VT 05676.
FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 565-3166.
SUPPLEMENTARY INFORMATION: On February 4, 1993, August 9, 1993, and
August 10, 1994, the State of Vermont submitted formal revisions to its
State Implementation Plan (SIP). These SIP revisions consist of
regulations to reduce volatile organic compound (VOC) emissions from
certain categories of sources.
I. Summary of SIP revision
Background
On November 15, 1990, amendments to the 1977 CAA were enacted. Pub.
L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. Secs. 7401-7671q.
Pursuant to the amended CAA, the entire state of Vermont was designated
as ``unclassifiable/attainment'' for ground-level ozone. 56 FR 56694
(Nov. 6, 1991).
Section 184 of the amended CAA, establishes an Ozone Transport
Region (OTR) which is comprised of several northeastern states,
including Vermont. Section 184(b) requires that states in the OTR
implement reasonably available control technology (RACT) for all VOC
sources covered by a Control Techniques Guideline (CTG) issued before
or after the enactment of the Clean Air Act Amendments of 1990 and for
all major VOC sources (defined as 50 tons of VOC emissions per year for
sources in the OTR).
A CTG is a document issued by EPA which establishes a ``presumptive
norm'' for RACT for a specific VOC source category. Under the pre-
amended CAA, EPA issued CTG documents for 29 categories of VOC sources.
Section 183 of the amended CAA requires that EPA issue 13 new (i.e.,
post-1990) CTGs. Appendix E of the General Preamble of Title I (57 FR
18077) lists the categories
[[Page 19826]]
for which EPA plans to issue new CTGs. On November 15, 1993, EPA issued
a CTG for Synthetic Organic Chemical Manufacturing Industry (SOCMI)
Distillation Operations and Reactor Processes. Also, on August 27,
1996, EPA issued a CTG for shipbuilding and repair operations. In
addition, on May 26, 1996, EPA issued a CTG for wood furniture
finishing operations. CTGs for the remaining Appendix E categories have
not yet been issued.
EPA's Evaluation of Vermont's Submittal
In response to the Section 184(b) RACT requirement, on April 6,
1992 and August 28, 1992, Vermont submitted negative declarations for
the following pre-1990 CTG categories:
1. Automobile and Light-Duty Truck Coating Operations
2. Can Coating
3. Coil Coating
4. Fabric Coating
5. Vinyl Coating
6. Coating of Metal Furniture
7. Coating of Large Appliances
8. Coating of Magnet Wire
9. Petroleum Refinery Sources
10. Leaks from Petroleum Refinery Equipment
11. Petroleum Liquid Storage in External Floating Roof Tanks
12. Leaks from Natural Gas/Gasoline Processing Equipment
13. Manufacture of Synthesized Pharmaceutical Products
14. Pneumatic Rubber Tire Manufacturing
15. Graphic Arts Systems
16. Petroleum Solvent Dry Cleaners
17. Leaks from Synthetic Organic Chemical, Polymer, and Resin
Manufacturing Equipment
18. Manufacture of High-Density Polyethylene, Polypropylene, and
Polystyrene Resins
19. Air Oxidation Processes in the Synthetic Organic Chemical
Manufacturing Industry
Vermont also submitted negative declarations regarding several
post-1990 CTG categories. On April 20, 1994, Vermont submitted a
negative declaration for the SOCMI Distillation Operations and Reactor
Processes CTG. In addition, Vermont submitted a negative declaration
for the shipbuilding and repair operations CTG on September 30, 1996.
Through these negative declarations, the State of Vermont is
asserting that there are no sources within the State that would be
subject to a rule for that source category. EPA is approving these
negative declarations as meeting the Section 184(b) RACT requirement
for the source categories listed. However, if evidence is submitted
during the comment period that there are existing sources within the
State of Vermont that, for purposes of meeting the RACT requirement,
would be subject to one or more of these rules, if developed, EPA would
be unable to take final approval action on the negative declarations.
After submitting the above negative declarations, Vermont then
proceeded with the process of adopting regulations to control VOC
emissions from the remaining pre-1990 CTG categories (which include
surface coating processes, solvent metal cleaning, the use of cutback
asphalt, and gasoline marketing operations) and from major non-CTG
sources. Vermont's regulation for major non-CTG sources, 5-253.20
``Other Sources that Emit Volatile Organic Compounds,'' was approved by
EPA on April 9, 1997 (62 FR 17084) and will not be further discussed in
this document.
The VOC regulations included in Vermont's February 4, 1993, August
9, 1993, and August 10, 1994 SIP submittals which are the subject of
today's document are listed below.
5-101 Definitions
5-253.1 Petroleum Liquid Storage In Fixed Roof Tanks
5-253.2 Bulk Gasoline Terminals
5-253.3 Bulk Gasoline Plants
5-253.4 Gasoline Tank Trucks
5-253.5 Stage I Vapor Recovery Controls at Gasoline Dispensing
Facilities
5-253.10 Paper Coating
5-253.12 Coating of Flatwood Paneling
5-253.13 Coating of Miscellaneous Metal Parts
5-253.14 Solvent Metal Cleaning
5-253.15 Cutback and Emulsified Asphalt
In addition to the above-mentioned rules, Vermont submitted
revisions to its ``SIP Narrative,'' which contain descriptive material
on how the state will implement these rules.
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). The EPA interpretation of these requirements,
which forms the basis for today's action, appears in various EPA policy
guidance documents. For the purpose of assisting State and local
agencies in developing RACT rules, EPA prepared a series of Control
Technique Guidelines (CTG) documents. The CTGs are based on the
underlying requirements of the Act and specify the 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 those portions of the proposed Post-1987 ozone and
carbon monoxide policy that concern RACT, 52 FR 45044 (November 24,
1987) and ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations, Clarification to Appendix D of November 24, 1987
Federal Register Notice'' (Blue Book) (notice of availability was
published in the Federal Register on May 25, 1988) and the existing
CTGs. In general, these guidance documents have been set forth to
ensure that VOC rules are fully enforceable and strengthen or maintain
the SIP.
EPA has evaluated Vermont's VOC regulations and has found that they
are generally consistent with the following EPA guidance documents:
Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks (EPA-450/2-77-008); Control of
Volatile Organic Compounds from Use of Cutback Asphalt (EPA-450/2-77-
037); Clarification for Final SIP Actions on Asphalt Regulations (EPA
memorandum, October 4, 1979); Control of Volatile Organic Emissions
from Storage of Petroleum Liquids in Fixed Roof Tanks (EPA-450/2-77-
036); Control of Hydrocarbons from Tank Truck Gasoline Loading
Terminals (EPA-450/2-77-026); Control of Volatile Organic Emissions
from Bulk Gasoline Plants (EPA-450/2-77-035); Hydrocarbon Control
Strategies for Gasoline Marketing Operations (EPA-450/3-78-017);
Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume VII: Factory Surface Coating of Flat Wood Paneling
(EPA-450/2-78-032); Control of Volatile Organic Compound Emissions from
Solvent Metal Cleaning (EPA-450/2-77-022); and Model Volatile Organic
Compound Rules for Reasonably Available Control Technology (EPA draft,
June 1992). This finding is supported by Vermont's SIP Narrative, in
which the State declares that it will require sources to use EPA test
methods and otherwise exercise any discretion under its rules in a
manner that is consistent with the CTGs. As such, EPA believes that the
submitted rules constitute RACT for the applicable sources.
Vermont's VOC regulations and EPA's evaluation are detailed in a
memorandum, dated [date], entitled ``Technical Support Document--
Vermont--VOC Regulations.'' Copies of that document are available, upon
request, from the EPA Regional Office listed in the ADDRESSES section
of this document.
[[Page 19827]]
II. Final Action
EPA is approving the following regulations into the Vermont SIP:
5-101 Definitions
5-253.1 Petroleum Liquid Storage in Fixed Roof Tanks
5-253.2 Bulk Gasoline Terminals
5-253.3 Bulk Gasoline Plants
5-253.4 Gasoline Tank Trucks
5-253.5 Stage I Vapor Recovery Controls at Gasoline Dispensing
Facilities
5-253.10 Paper Coating
5-253.12 Coating of Flatwood Paneling
5-253.13 Coating of Miscellaneous Metal Parts
5-253.14 Solvent Metal Cleaning
5-253.15 Cutback and Emulsified Asphalt.
In addition to approving these regulations into Vermont's SIP, EPA
is also approving revisions to Vermont's SIP narrative, as well as
negative declarations submitted by Vermont for certain CTG categories,
as ``additional material'' under Section 52.2370.
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 a separate document in this Federal
Register publication, the EPA is proposing to approve these SIP
revisions should relevant adverse comments be filed. This rule will be
effective June 22, 1998 without further notice unless, by May 22, 1998,
the Agency receives relevant adverse comments.
If the EPA receives such comments, then EPA will publish a
subsequent document informing the public that the rule is withdrawn.
All public comments received will 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 rule
will be effective June 22, 1998.
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.
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 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. 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.
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 impose any new requirements, the
Administrator certifies 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 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).
C. Unfunded Mandates
To reduce the burden of Federal regulations on States and small
governments, President Clinton issued Executive Order 12875 on October
26, 1993, entitled ``Enhancing the Intergovernmental Partnership.''
Under Executive Order 12875, EPA may not issue a regulation which is
not required by statute unless the Federal Government provides the
necessary funds to pay the direct costs incurred by the State and small
governments or EPA provides to the Office of Management and Budget a
description of the prior consultation and communications the agency has
had with representatives of State and small governments and a statement
supporting the need to issue the regulation. In addition, Executive
Order 12875 requires EPA to develop an effective process permitting
elected and other representatives of State and small governments ``to
provide meaningful and timely input in the development of regulatory
proposals containing significant unfunded mandates.''
The present action satisfies the requirements of Executive Order
12875 because it is required by statute and because it does not contain
a significant unfunded mandate. Section 110(k) of the Clean Air Act
requires that EPA act on implementation plans submitted by states. This
rulemaking implements that statutory command. In addition, this rule
approves preexisting state requirements and does not impose new federal
mandates binding on State or small governments.
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.
D. 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).
E. 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 June 22, 1998. Filing a
petition for reconsideration by
[[Page 19828]]
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, Intergovernmental relations, Ozone.
Note: Incorporation by reference of the State Implementation
Plan for the State of Vermont was approved by the Director of the
Federal Register on July 1, 1982.
Dated: April 1, 1998.
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 et seq.
Subpart UU--Vermont
2. Section 52.2370 is amended by adding paragraph (c)(25) to read
as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(c) * * *
(25) Revisions to the State Implementation Plan submitted by the
Vermont Air Pollution Control Division on February 3, 1993, August 9,
1993, and August 10, 1994.
(i) Incorporation by reference.
(A) Letters from the Vermont Air Pollution Control Division dated
February 4, 1993, August 9, 1993, and August 10, 1994 submitting
revisions to the Vermont State Implementation Plan.
(B) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.1, entitled ``Petroleum Liquid
Storage in Fixed Roof Tanks,'' effective in the State of Vermont on
November 13, 1992.
(C) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.2, entitled ``Bulk Gasoline
Terminals,'' effective in the State of Vermont on November 13, 1992.
(D) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.3, entitled ``Bulk Gasoline
Plants,'' effective in the State of Vermont on November 13, 1992.
(E) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.4, entitled ``Gasoline Tank
Trucks,'' effective in the State of Vermont on November 13, 1992.
(F) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.5, entitled ``Stage I Vapor
Recovery Controls at Gasoline Dispensing Facilities,'' effective in the
State of Vermont on November 13, 1992.
(G) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.10, entitled ``Paper
Coating,'' effective in the State of Vermont on November 13, 1992.
(H) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.12, entitled ``Coating of Flat
Wood Paneling,'' effective in the State of Vermont on November 13,
1992.
(I) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.13, entitled ``Coating of
Miscellaneous Metal Parts,'' effective in the State of Vermont on
August 13, 1993.
(J) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.14, entitled ``Solvent Metal
Cleaning,'' effective in the State of Vermont on August 13, 1993.
(K) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-253.15, entitled ``Cutback and
Emulsified Asphalt,'' effective in the State of Vermont on August 17,
1994.
(L) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-101, entitled ``Definitions,''
effective in the State of Vermont on November 13, 1992.
(M) Chapter 5 of the Agency of Natural Resources Environmental
Protection Regulations, Subsection 5-101, entitled ``Definitions,''
effective in the State of Vermont on August 13, 1993.
(ii) Additional materials.
(A) Vermont Agency of Natural Resources document entitled ``State
of Vermont: Air Quality Implementation Plan'' dated August 1993.
(B) Letter from the Vermont Agency of Natural Resources dated
September 30, 1996 submitting a negative declaration for the
shipbuilding and repair Control Techniques Guideline (CTG) category.
(C) Letter from the Vermont Agency of Natural Resources dated April
20, 1994 submitting a negative declaration for the synthetic organic
chemical manufacturing industry (SOCMI) distillation and reactor
processes CTG categories.
(D) Letters from the Vermont agency of Natural Resources dated
April 6, 1992 and August 28, 1992 submitting negative declarations for
several pre-1990 CTG categories.
(E) Nonregulatory portions of the submittal.
3. In Sec. 52.2381, Table 52.2381 is amended by adding a new entry
to existing state citation ``Chapter 5, Air Pollution Control,
Subchapter I, Definitions, Section 5-101 Definitions'' and by adding 10
new entries to existing state citation ``Subchapter II, Prohibitions''
to read as follows:
Sec. 52.2381 EPA--Approved Vermont state regulations.
* * * * *
Table 52.2381--EPA-Approved Regulations
[Vermont SIP regulations 1972 to present]
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Date Date Comments and
State citation, title and adopted by approved by Federal Register 52.2370 unapproved
subject State EPA citation sections
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* * * * * *
*
Section 5-101 Definitions..... 10/29/92 4/22/98 [Insert FR (c)(25)........ Add definitions
7/29/93 citation from associated with
published date]. VOC RACT rules.
[[Page 19829]]
* * * * * *
*
Section 5-253.1 Petroleum 10/29/92 4/22/98 [Insert FR (c)(25)........
Liquid Storage in Fixed Roof citation from
Tanks. published date].
Section 5-253.2 Bulk Gasoline 10/29/92 4/22/98 [Insert FR (c)(25)........
Terminals citation
published date].
Section 5-253.3 Bulk Gasoline 10/29/92 4/22/98 [Insert FR (c)(25)........
Plants citation from
published date].
Section 5-253.4 Gasline Tank 10/29/92 4/22/98 [Insert FR (c)(25)........
Trucks. citation from
published date].
Section 5-253.5 Stage I vapor 10/29/92 4/22/98 [Insert FR (c)(25)........
recovery controls at gasoline citation from
dispensing facilities. published date].
Section 5-253.10 Paper Coating 10/29/92 4/22/98 [Insert FR (c)(25)........
citation from
published date].
Section 5-253.12 Coating of 10/29/92 4/22/98 [Insert FR (c)(25)........
Flatwood Paneling. citation from
published date].
Section 5-252.13 Coating of 7/29/93 4/22/98 [Insert FR (c)(25)........
Miscellaneous Metal Parts. citation from
published date].
Section 5-253.14 Solvent Metal 7/29/93 4/22/98 [Insert FR (c) 25)........
Cleaning. citation from
published date].
Section 5-253.15 Cutback and 8/2/94 4/22/98 [Insert FR (c)(25)........
Emulsified Asphalt. citation from
published date].
* * * * * *
*
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[FR Doc. 98-10724 Filed 4-21-98; 8:45 am]
BILLING CODE 6560-50-P
