[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Rules and Regulations]
[Pages 12123-12125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5350]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MA-30-1-6846a; A-1-FRL-5158-4]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; VOC RACT for Brittany Dyeing and Printing
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 consists
of a reasonably available control technology (RACT) Plan Approval for
controlling volatile organic compound (VOC) emissions from Brittany
Dyeing and Printing Corporation of New Bedford, Massachusetts. The
intended effect of this action is to approve a source-specific RACT
determination made by the Commonwealth of Massachusetts in accordance
with commitments of its approved 1982 ozone attainment plan. This
action is being taken in accordance with the Clean Air Act.
DATES: This final rule is effective May 5, 1995, unless notice is
received by April 5, 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; Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, SW., (LE-131), Washington, DC 20460;
and Division of Air Quality Control, Department of Environmental
Protection, One Winter Street, 8th Floor, Boston, MA 02108.
FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 565-3166.
SUPPLEMENTARY INFORMATION: On March 31, 1994, the Commonwealth of
Massachusetts submitted a formal revision to its State Implementation
Plan (SIP). The SIP revision consists of a reasonably available control
technology (RACT) Plan Approval for controlling volatile organic
compound (VOC) emissions from Brittany Dyeing and Printing Corporation
of New Bedford, Massachusetts.
Background Information
On November 9, 1983 (48 FR 51480), EPA approved Massachusetts
Regulation 310 CMR 7.18(17) ``Reasonably Available Control
Technology,'' as part of the Commonwealth of Massachusetts 1982 ozone
attainment plan. This regulation requires the Massachusetts Department
of Environmental Protection to determine and impose RACT on all
facilities with the potential to emit one hundred tons per year or more
of VOC that are not already subject to Massachusetts' regulations
developed pursuant to the EPA Control Techniques Guideline (CTG)
documents.1
\1\ On February 12, 1993, Massachusetts revised 310 CMR 7.18(17)
to apply to 50 ton per year facilities pursuant to Section 182 of
the Clean Air Act Amendments of 1990. This revised rule has not yet
been approved into the Massachusetts SIP.
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Summary of SIP Revision
On March 31, 1994, Massachusetts submitted a RACT Plan Approval for
Brittany Dyeing and Printing. EPA has reviewed this Plan Approval
against the [[Page 12124]] applicable statutory requirements and for
consistency with EPA guidance. Massachusetts' Plan Approval and EPA's
evaluation are detailed in a memorandum dated December 21, 1994,
entitled ``Technical Support Document--Massachusetts--Brittany Dyeing
and Printing Corporation.'' Copies of that document are available, upon
request, from the EPA Regional Office listed in the ADDRESSES section
of this document. A summary of EPA's analysis is provided below.
Brittany has four 310 CMR 7.18(17) RACT applicable VOC emitting
processes at its textile processing facility: Fabric printing, fabric
finishing, fabric dyeing, and process cleaning. Brittany's total 1990
VOC emissions were 172.1 tons.
Brittany has significantly reduced its VOC emissions by
reformulating its printing pastes and finish formulations. Fabric
printing and fabric finishing are the main source of VOC emissions at
Brittany. Together these processes account for 93.6 percent of the
facility's total 1990 VOC emissions. Although there is no CTG document
for the fabric printing and finishing operations at Brittany, a CTG
does exist for graphic arts printing (Control of Volatile Organic
Emissions from Existing Stationary Sources--Volume VIII: Graphic Arts--
Rotogravure and Flexography; EPA-450/2-78-033) which covers a printing
process that is similar to the fabric printing and finishing operations
at Brittany. This CTG recommends a 65 percent overall reduction in VOC
emissions from packaging rotogravure and a 75 percent overall reduction
for publication rotogravure when using add-on controls. Furthermore,
EPA has determined that a 0.5 pounds of VOC per pound of solids
emission limit constitutes RACT for flexographic and packaging
rotogravure printing.
The DEP has determined that an emission limit of 0.5 pounds of VOC
per pound of solids represents RACT for both the fabric printing and
the fabric finishing processes at Brittany. These emissions limits,
which are consistent with those imposed on facilities covered by the
Graphic Arts printing CTG, are reasonable limits. The 0.5 pounds of VOC
per pound of solids limits are also consistent with a previously
approved RACT Plan for Duro Textile Printers of Fall River,
Massachusetts (54 FR 46896).
DEP has also determined that an emissions limit of 0.5 pounds of
VOC per pound of solids represents RACT for the fabric dyeing process
at Brittany. One exception to this limit is allowed for Polyester
Carrier. Once again, the 0.5 pounds of VOC per pound of solids limit
appears reasonable. The exception for Polyester Carrier is also
considered acceptable in light of the following: (1) Fabric dyeing is
responsible for only 0.7 percent of the facility's total 1990
emissions; and (2) DEP is also imposing a 0.4 tons of VOC per year cap
on emissions from this product.
Finally, cleaning activities account for 5 percent of Brittany's
total 1990 VOC emissions. EPA has recently published guidance on
emissions from process cleaning (Alternate Control Techniques
Document--Industrial Cleaning Solvents; EPA-453/R-94-015). This
document indicates that the establishment of a solvents accounting or
tracking system whereby actual solvent usage is tracked (rather than
tracking only the total quantity purchased) leads to a reduction in
emissions from cleaning activities. DEP is requiring that Brittany keep
a separate daily VOC emissions log for cleaning activities and is also
imposing annual caps on VOC emissions from specific cleaning products.
Brittany's compliance with the RACT requirements outlined above
will be determined by the VOC content of its print pastes, finish
formulations and dyes, and by the amount of solvent used per day.
Brittany is required to keep daily records documenting the use of all
VOC containing material.
EPA's review of Massachusetts' SIP revision indicates that the
requirements contained in Massachusetts Plan Approval No. 4P92012
represent RACT for Brittany. EPA is, therefore, approving the March 31,
1994 Massachusetts SIP revision.
EPA is publishing this action 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, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective May 5, 1995 unless, by April 5, 1995, 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
document 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 May 5, 1995.
Final Action
EPA is approving Massachusetts' Plan Approval for Brittany Dyeing
Printing Corporation which was submitted as a SIP revision on March 31,
1994. This Plan Approval imposes RACT on Brittany in order to reduce
VOC emissions from this facility.
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 document 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 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.
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 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
[[Page 12125]] 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 May 5, 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 Commonwealth of Massachusetts was approved by the
Director of the Federal Register on July 1, 1982.
Dated: February 9, 1995.
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. 7401-7671q.
Subpart W--Massachusetts
2. Section 52.1120 is amended by adding paragraph (c)(104) to read
as follows:
Sec. 52.1120 Identification of plan.
* * * * *
(c) * * *
(104) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on March 31, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated March 31, 1994 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Plan Approval No. 4P92012, dated and effective March 16,
1994 imposing reasonably available control technology on Brittany
Dyeing and Finishing of New Bedford, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
3. In Sec. 52.1167, Table 52.1167 is amended by adding new entries
to existing state citation 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 Federal Comments/
State citation Title/subject submitted Date approved by Register 52.1120(c) unapproved
by State EPA citation sections
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* * * * * *
*
310 CMR 7.18(17) Reasonably 3/31/94 March 6, 1995... [Insert FR 104 RACT for
Available citation from Brittany
Control published Dyeing and
Technology. date]. Finishing of
New Bedford,
MA.
* * * * * *
*
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[FR Doc. 95-5350 Filed 3-3-95; 8:45 am]
BILLING CODE 6560-50-P