[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14723]
[[Page Unknown]]
[Federal Register: June 17, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[ME-8-1-6282; A-1-FRL-4854-8]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; VOC RACT Catch-ups
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Maine Department of Environmental Protection (DEP) on
January 8, 1993. This SIP revision contains regulations which require
the implementation of reasonably available control technology (RACT)
for various types of volatile organic compound (VOC) sources. The EPA
has evaluated this SIP revision and is approving it under the Clean Air
Act, as amended in 1990.
EFFECTIVE DATE: This final rule will become effective on July 18, 1994.
ADDRESSES: 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; Air Docket 6102, U.S. Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460; and the Bureau of Air
Quality Control, Department of Environmental Protection, 71 Hospital
Street, Augusta, ME 04333.
FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 565-3166.
SUPPLEMENTARY INFORMATION: On December 1, 1993 (58 FR 63316), EPA
published a notice of proposed rulemaking (NPR) for the State of Maine.
The NPR proposed approval of several regulations adopted by the State
of Maine which require the implementation of RACT for various types of
VOC sources. No public comments were received on the NPR.
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 Clean Air Act, Maine was designated as rural
nonattainment and, therefore, was required to adopt regulations
pursuant to the Group I and Group II CTGs for major sources. Based on
monitored ozone exceedances in Maine, EPA notified the Governor of
Maine on May 25, 1988 and November 8, 1988 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.
Pursuant to the amended CAA, two counties in Maine were classified as
marginal (these two counties constitute one marginal ozone
nonattainment area) and seven counties in Maine were classified as
moderate (these seven counties constitute three moderate ozone
nonattainment areas). 56 FR 56694 (Nov. 6, 1991). The State submitted
revisions to meet the RACT fix-up requirement and EPA approved these
revisions to the Maine SIP on February 3, 1992 and March 22, 1993 (57
FR 3946 and 58 FR 15281).
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 CAAA of 1990; (2) RACT
for sources covered by a post-enactment CTG; and (3) all major sources
not covered by a CTG, i.e., non-CTG sources. This RACT requirement
which applies to nonattainment areas that previously were exempt from
certain RACT requirements requires areas 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. As previously mentioned, the
State of Maine contains three moderate ozone nonattainment areas. These
areas are thus subject to the section 182(b)(2) RACT catch-up
requirement.
Also, the State of Maine is located in the Northeast Ozone
Transport Region (OTR). The entire State is, therefore, subject to
section 184(b) of the amended CAA. Section 184(b) requires that RACT be
implemented for all VOC sources covered by a CTG issued before or after
the enactment of the CAAA of 1990 and for all major VOC sources
(defined as 50 tons per year or greater for sources in the OTR).
Since Maine had previously submitted regulations for bulk gasoline
terminals, fixed roof petroleum tanks, and paper coating sources
pursuant to the RACT fix-up requirement, in order to meet the RACT
catch-up requirement, the State must, therefore, adopt regulations (or
affirm that no sources exist) for the remaining 26 CTG categories as
well as adopt rules for all major non-CTG sources. (Rules for non-CTG
sources are not part of this SIP revision and will not be further
discussed in this document).
EPA's Evaluation of Maine's Submittal
In response to the RACT catch-up requirement, on May 14, 1992 and
June 12, 1992, Maine submitted negative declarations for the CTG
categories listed below.
1. Surface coating of coils.
2. Surface coating of magnet wire.
3. Surface coating of large appliances.
4. Surface coating of automobiles and light duty trucks.
5. Manufacturing of synthesized pharmaceuticals.
6. Manufacturing of pneumatic rubber tires.
7. Manufacturing of vegetable oil.
8. Air oxidation processes in synthetic organic chemical
manufacturing industry.
9. Manufacturing of high density polyethylene, polypropylene and
polystyrene resins.
10. Leaks from synthetic organic chemical and polymer
manufacturing.
11. Petroleum liquid storage in external floating roof tanks.
12. Equipment leaks from natural gas/gasoline processing plants.
13. Petroleum refinery processes.
14. Leaks from petroleum refinery equipment.
15. Large petroleum dry cleaners.
Through the negative declaration, the State of Maine is asserting
that there are no sources within the State that would be subject to a
rule for that source category. EPA is approving this negative
declaration submittal as meeting the section 182(b)(2) and section
184(b) RACT requirements for the source categories listed.
After submitting the above negative declarations, Maine then
proceeded with the process of adopting regulations to control the
remaining CTG categories which include surface coating processes,
solvent metal cleaning, graphic arts operations, the use of cutback
asphalt, and gasoline marketing operations. Maine's gasoline marketing
RACT catch-up regulations are not a part of this SIP revision, and will
not be further discussed in this notice.
The VOC regulations that are included in Maine's January 13, 1993
SIP submittal are briefly summarized below.
Chapter 100: Definitions Regulation
This regulation was amended to include the following 19 newly
adopted definitions: as applied, capture system, carbon adsorber,
condensate, condenser, continuous emission monitor, control system,
double block-and-bleed system, exempt VOC compounds, gaseous excess
emissions, leak, maximum true vapor pressure, open-ended valve or line,
organic compound, overall VOC emission reduction efficiency, pressure
release, solvent, standard atmospheric conditions, and VOC incinerator.
Chapter 129: Surface Coating Facilities
This regulation contains requirements for limiting the VOC
emissions from the surface coating of cans, fabric, vinyl, metal
furniture, flatwood paneling, and miscellaneous metal parts and
products. Surface coating facilities may comply with this regulation
through the use of low VOC coatings, daily-weighted averaging, and/or
add-on control equipment.
Chapter 130: Solvent Degreasers
This regulation contains equipment and operation standards for
solvent degreasing operations. These requirements apply to cold
cleaners, open-top vapor degreasers and conveyorized degreasers.
Chapter 131: Cutback and Emulsified Asphalt
This regulation contains prohibitions regarding the mixing,
storage, use, and application of cutback and emulsified asphalts.
Chapter 132: Graphic Arts-Rotogravure and Flexography
This regulation contains requirements to limit the emissions from
rotogravure and flexographic printing operations. Graphic arts
facilities may comply with these requirements through the use of low
VOC coatings, daily-weighted averaging, and/or add-on control
equipment.
EPA has evaluated Maine's VOC regulations and has found that they
are consistent with EPA model regulations and the applicable CTG
documents. As such, EPA believes that the submitted rules constitute
RACT for the applicable sources. By this action, EPA is approving
Maine's submittal as meeting the requirements of sections 182(b)(2) and
184(b)(1)(B) for the applicable VOC sources. Maine's regulations and
EPA's evaluation are detailed in a memorandum, dated July 16, 1993,
entitled ``Technical Support Document--Maine--VOC RACT Catch-ups.''
Copies of that document are available, upon request, from the EPA
Regional Office listed in the ADDRESSES section of this document.
Final Action
EPA is approving Maine's Chapter 100 ``Definitions Regulation,''
Chapter 129 ``Surface Coating Facilities,'' Chapter 130 ``Solvent
Degreasers,'' Chapter 131 ``Cutback and Emulsified Asphalt,'' and
Chapter 132 ``Graphic Arts-Rotogravure and Flexography'' as meeting the
requirements of sections 182(b)(2) and 184(b) of the CAA for the
following categories of VOC sources: the surface coating of cans,
fabric, vinyl, metal furniture, flatwood paneling, and miscellaneous
metal parts and products; solvent metal cleaning; the use of cutback
asphalt; and rotogravure and flexographic printing operations. EPA is
also approving the negative declarations submitted by the State of
Maine as meeting the requirements of sections 182(b)(2) and 184(b) of
the CAA for the 15 source categories for which negative declarations
were submitted.
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.
As noted elsewhere in this action, EPA received no adverse public
comment on the proposed action. As a direct result, the Regional
Administrator has reclassified this action from Table 2 to Table 3
under the procedures published in the Federal Register on January 19,
1989 (54 FR 2214-2225). 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 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 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. 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 August 16, 1994. 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 Maine was approved by the Director of the
Federal Register on July 1, 1982.
Editorial Note: This document was received by the Office of the
Federal Register June 13, 1994.
Dated: February 18, 1994.
Patricia L. Meaney,
Acting Regional Administrator, Region I.
Part 52, 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 U--Maine
2. Section 52.1020 is amended by adding paragraph (c)(33) to read
as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) * * *
(33) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on January 8, 1993.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated January 8, 1993 submitting a revision to the Maine State
Implementation Plan.
(B) Revised Chapter 100 of the Maine Department of Environmental
Protection Regulations, ``Definitions'' effective in the State of Maine
on February 10, 1993.
(C) Chapter 129 of the Maine Department of Environmental Protection
Regulations, ``Surface Coating Facilities'' effective in the State of
Maine on February 10, 1993.
(D) Chapter 130 of the Maine Department of Environmental Protection
Regulations, ``Solvent Degreasers'' effective in the State of Maine on
February 10, 1993.
(E) Chapter 131 of the Maine Department of Environmental Protection
Regulations, ``Cutback and Emulsified Asphalt'' effective in the State
of Maine on February 10, 1993.
(F) Chapter 132 of the Maine Department of Environmental Protection
Regulations, ``Graphic Arts--Rotogravure and Flexography'' effective in
the State of Maine on February 10, 1993.
(G) Appendix A ``Volatile Organic Compounds Test Methods and
Compliance Procedures'' incorporated into Chapters 129 and 132 of the
Maine Department of Environmental Protection Regulations, effective in
the State of Maine on February 10, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
Sec. 52.1031 [Amended]
3. In Sec. 52.1031, Table 52.1031 is amended by adding a new entry
to existing state citation ``Chapter 100'' and by adding new state
citations ``Chapter 129,'' ``Chapter 130,'' ``Chapter 131,'' and
``Chapter 132'' to read as follows:
Table 52.1031.--EPA-Approved Rules and Regulations
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Date
State citation Title/Subject adopted by Date approved by EPA Federal Register 52.1020
State citation
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* * * * * * *
Chapter:
100......... Definitions.............. 01/06/93 [Insert date of [Insert FR citation from (c)(33) Revised to add
publication]. published date]. definitions associated
with VOC RACT rules
* * * * * * *
129......... Surface coating 01/06/93 [Insert date of [Insert FR citation from (c)(33) Includes surface coating
Facilities. publication]. published date]. of: cans, fabric,
vinyl, metal furniture,
flatwood paneling, and
miscellaneous metal
parts and products
130......... Solvent Degreasers....... 01/06/93 [Insert date of [Insert FR citation from (c)(33)
publication]. published date].
131......... Cutback and Emulsified 01/06/93 [Insert date of [Insert FR citation from (c)(33)
Asphalt. publication]. published date].
132......... Graphic Arts: Rotogravure 01/06/93 [Insert date of [Insert FR citation from (c)(33)
and Flexography. publication]. published date].
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[FR Doc. 94-14723 Filed 6-16-94; 8:45 am]
BILLING CODE 6560-50-P
