[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18411]


[Federal Register: July 28, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MA-12-01-6162; A-1-FRL-5003-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; RACT for S. Bent and Brothers

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 Commonwealth of Massachusetts. This revision 
establishes and requires reasonably available control technology (RACT) 
for S. Bent and Brothers in Gardner, Massachusetts. The intended effect 
of this action is to approve a source-specific RACT determination made 
by Massachusetts in accordance with 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.

EFFECTIVE DATE: This final rule will become effective on August 29, 
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; 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 May 31, 1991 (56 FR 24765), EPA published 
a Notice of Proposed Rulemaking (NPR) for the Commonwealth of 
Massachusetts. The NPR proposed approval of a plan approval submitted 
by Massachusetts on November 2, 1990 which defined and imposed 
reasonably available control technology (RACT) for S. Bent and Brothers 
in Gardner, Massachusetts. The NPR indicated that final approval would 
be contingent upon the Massachusetts Department of Environmental 
Protection (DEP) providing additional technical support documenting 
that the limits established for S. Bent represent RACT. A revised Plan 
approval was submitted as a SIP revision by Massachusetts on August 26, 
1992. This SIP revision provides the additional technical support 
requested by EPA in its NPR.
    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.
    Massachusett's revised final approval lowers the VOC content in the 
sealer coating category to 5.43 pounds of VOC per gallon of coating 
(minus water). Reporting requirements were also amended to track long 
term VOC emissions in tons on a 12 consecutive month rolling VOC limit 
instead of a 12 month calendar limit.
    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 S. Bent and Brothers.
    Other specific requirements of the plan approval and the rationale 
for EPA's proposed action are explained in the NPR and will not be 
restated here. No public comments were received on the NPR.

Final Action

    EPA is approving this plan approval for S. Bent and Brothers as a 
revision to the Massachusetts SIP. The plan approval defines and 
imposes RACT on S. Bent, a manufacturer and coater of wood furniture in 
Gardner, Massachusetts.
    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.
    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).
    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).
    The Office of Management and Budget has exempted this action from 
review under Executive Order 12866.
    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 September 26, 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

    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: May 26, 1994.
John P. DeVillars,
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. 7401-7642.

Subpart W--Massachusetts

    2. Section 52.1120 is amended by adding paragraph (c)(99) to read 
as follows:


Sec. 52.1120  Identification of plan.

* * * * *
    (c) * * *
    (99) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 3, 
1990 and August 26, 1992 which define and impose reasonably available 
control technology to control volatile organic compound emissions from 
S. Bent & Brothers in Gardner, Massachusetts.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 26, 1992 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Final Air Quality Approval RACT issued to S. Bent by the 
Massachusetts Department of Environmental Protection dated and 
effective May 22, 1992.
    (ii) Additional materials
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated November 3, 1990 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Final Air Quality Approval RACT issued to S. Bent by the 
Massachusetts Department of Environmental Protection dated and 
effective October 17, 1990.
    (C) Nonregulatory portions of the November 3, 1990 and August 26, 
1992 state submittals.
    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   Date approved by       Federal Register                                Comments/unapproved 
     State citation      Title/subject         State                EPA                 citation               52.1120 (c)               sections       
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                                                                      * * * * * * *                                                                     
310 CMR 7.18(17).......  RACT.........  May 22, 1992......  July 28, 1994.....  [Insert FR citation      (99)...................  RACT Approval for S.  
                                                                                 from published date].                             Bent & Bros.         
                                                                                                                                                        
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
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[FR Doc. 94-18411 Filed 7-27-94; 8:45 am]
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