[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
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Date submitted by Federal Register 52.1120 Comments/unapproved
State citation Title/subject State Date approved by EPA citation (c) sections
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* * * * * * *
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
