[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                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Date                                                                                                   
 State citation         Title/Subject         adopted by    Date approved by EPA        Federal Register           52.1020                              
                                                State                                       citation                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
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