[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Rules and Regulations]
[Pages 48297-48305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22933]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA-19-01-5892a; A-1-FRL-6421-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; Volatile Organic Compound Regulations

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 reasonably available control technology (RACT) emission 
limits for certain industrial categories. The intended effect of this 
action is to fully approve the majority of the Commonwealth's SIP 
revision submitted on November 13, 1992 and February 17, 1993. The EPA 
is granting approval to the generic RACT rule in Title 310 Code of 
Massachusetts Regulations (CMR) section 7.18(17) only in the 
Springfield, Massachusetts ozone nonattainment area (Berkshire, 
Franklin, Hampden and Hampshire counties). EPA will address 310 CMR 
7.18(17) as it applies to the Boston, Massachusetts ozone nonattainment 
area in a future action. This action is being taken under section 110 
of the Clean Air Act (Act). 42 U.S.C. 7410.

DATES: This rule will become effective November 2, 1999 without further 
notice, unless EPA receives relevant adverse comments on the parallel 
notice of proposed rulemaking by October 4, 1999. If EPA receives such 
comment, then it will publish a document in the Federal Register 
informing the public that this rule will not take effect.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
Office of Ecosystem Protection (mail code CAA), U.S. Environmental 
Protection Agency, Region I, 1 Congress Street, Boston, MA 02114-2023. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours, by appointment at the 
Office Ecosystem Protection, U.S. Environmental Protection Agency, 
Region I, One Congress Street, 11th floor, Boston, MA, and at the 
Division of Air Quality Control, Department of Environmental 
Protection, One Winter Street, 8th Floor, Boston, MA 02108.

FOR FURTHER INFORMATION CONTACT: Jeanne Cosgrove, (617) 918-1669.

SUPPLEMENTARY INFORMATION: On November 13, 1992 and February 17, 1993, 
the Massachusetts Department of Environmental Protection (DEP) 
submitted a revision to its SIP. The revision consisted of changes and 
additions made to Massachusetts' volatile organic compound (VOC) rules 
pursuant to the requirements of section 182(b)(2) of the Act, 42 U.S.C. 
7511a(b)(2). Changes were made to the following regulations: 310 CMR 
7.00, Definitions; 310 CMR 7.03(13), Paint spray booths; 310 CMR 
7.18(2), Compliance with emission limitations; 310 CMR 7.18(7), 
Automobile surface coating; 310 CMR 7.18(8), Solvent Metal Degreasing; 
310 CMR 7.18(11), Surface coating of miscellaneous metal parts and 
products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17), Reasonably 
available control technology; and 310 CMR 7.24(3), Distribution of 
motor vehicle fuel. Additionally, the following new rules were added to 
Massachusetts' Code: 310 CMR 7.18(20), Emission control plans for 
implementation of reasonably available control technology; 310 CMR 
7.18(21), Surface coating of plastic parts; 310 CMR 7.18(22), Leather 
surface coating; 310 CMR 7.18(23), Wood products surface coating; 310 
CMR 7.18(24), Flat wood paneling surface coating; 310 CMR 7.18(25), 
Offset lithographic printing; 310 CMR 7.18(26), Textile finishing; and 
310 CMR 7.18(27), Coating mixing tanks.

I. 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 Act, Massachusetts was designated as 
nonattainment for ozone and sought an extension of the attainment date 
under section 172(a)(2) to December 31, 1987. Therefore, the 
Commonwealth was 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. However, the Commonwealth of Massachusetts did not attain the 
ozone standard by the approved attainment date. On May 25, 1988, EPA 
notified the Governor of Massachusetts 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. The 
entire Commonwealth of Massachusetts retained its designation of 
nonattainment and was classified as serious nonattainment for ozone. 56 
FR 56694 (Nov. 6, 1991). The Commonwealth submitted revisions to meet 
the RACT fix-up requirement and EPA has approved those revisions to the 
Massachusetts SIP on October 8, 1992, January 11, 1993 and June 30, 
1993 (57 FR 46313, 58 FR 3492 and 58 FR 34908.)
    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 Clean Air Act 
Amendments of 1990; (2) RACT for

[[Page 48298]]

sources covered by a post-enactment CTG; and (3) all major sources not 
covered by a CTG. This RACT requirement applies to nonattainment areas 
that previously were exempt from certain RACT requirements 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. Subsequent to 
the 1990 Clean Air Act, all of Massachusetts was classified as serious 
nonattainment for ozone. 56 FR 56694 (Nov. 6, 1991).
    Since Massachusetts was previously required to adopt RACT for all 
the CTG and major non-CTG sources, the Commonwealth did not need to 
adopt any specific additional RACT rules. However, the Commonwealth did 
submit a rule for the surface coating of flat wood paneling. 
Massachusetts had previously submitted a negative declaration for this 
rule, stating that there were no wood paneling sources in 
Massachusetts. The Commonwealth is now adopting a wood paneling 
regulation because the state has identified such sources. Additionally, 
under section 182 of the Act, the major source definition for serious 
nonattainment areas was lowered to include sources that have a 
potential to emit greater than 50 tons per year of VOC. Therefore, the 
Commonwealth needed to lower the applicability cutoff of its non-CTG 
and/or relevant CTG-based regulations to include newly classified major 
sources in these categories.
    In addition, CAA section 184 (b)(1)(B) requires all states in the 
Ozone Transport Region (OTR) to impose RACT on all sources covered by a 
CTG. Under section 184(b)(2), OTR states must regulate all sources with 
potential VOC emissions of 50 tons per year or more as though they were 
in a moderate ozone attainment area. All of Massachusetts is part of 
the OTR. Therefore, RACT remains a requirement statewide in 
Massachusetts even after EPA's recent revocation of the one-hour ozone 
standard in Eastern Massachusetts.
    VOCs contribute to the production of ground level ozone and smog. 
These rules were adopted as part of an effort to achieve the National 
Ambient Air Quality Standard (NAAQS) for ozone. The following section 
is EPA's evaluation and final action for the following Massachusetts 
regulations: 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint spray 
booths; 310 CMR 7.18(2), Compliance with emission limitations; 310 CMR 
7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal 
Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal 
parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17), 
Reasonably available control technology (as it applies to the 
Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission 
control plans for implementation of reasonably available control 
technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR 
7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products 
surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating; 
310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26), 
Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR 
7.24(3), Distribution of motor vehicle fuel.

II. EPA Evaluation and Final Action

    The Commonwealth has submitted negative declarations for the CTG 
categories listed below. Through the negative declarations, 
Massachusetts is asserting that it has no sources within its area that 
would be subject to a rule for that source category.
     Petroleum refinery vacuum producing systems, waste water 
separators & process unit turnarounds (Petroleum refinery processes).
     Fugitive VOC emissions from petroleum refining (Leaks from 
petroleum refinery equipment).
     Pharmaceutical manufacture (manufacture of synthesized 
pharmaceutical products).
     Rubber tire manufacture (Manufacture of pneumatic rubber 
tires).
     Large petroleum dry cleaners.
     Manufacture of high density polyethylene, polypropylene, 
and polystyrene resins (Manufacture of high-density polyethylene, 
polypropylene and polystyrene resins).
     Natural gas/gasoline processing plants (Equipment Leaks 
from natural gas/gasoline processing plants).
     SOCMI air oxidation processes (Air oxidation processes in 
synthetic organic chemical manufacturing industry).
    EPA is approving these negative declarations as meeting the section 
182(b)(2) and section 184(b) RACT requirements for the source 
categories listed. However, if evidence is submitted during the comment 
period that there are existing sources within the area that, for 
purposes of meeting the RACT requirements, would be subject to one or 
more of these rules, if developed, EPA will withdraw final approval 
action on the negative declarations.
    Massachusetts also submitted revisions to its VOC regulations. In 
determining the approvability of a VOC rule, EPA must evaluate the rule 
for consistency with the requirements of the Act and EPA regulations, 
as found in section 110 and part D of the Act and 40 CFR part 51 
(Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans). EPA's interpretation of these requirements, 
which forms the basis for today's action, appears in various EPA policy 
guidance documents. The specific guidance relied on for this action is 
referenced within the technical support document and this action. For 
the purpose of assisting State and local agencies in developing RACT 
rules, EPA prepared a series of CTG documents. The CTGs are based on 
the underlying requirements of the Act and specify presumptive norms 
for RACT for specific source categories. EPA has not yet developed CTGs 
to cover all sources of VOC emissions. Further interpretations of EPA 
policy are found in, but not limited to, the following: (1) the 
proposed Post-1987 ozone and carbon monoxide policy, 52 FR 45044 
(November 24, 1987); (2) the document entitled, ``Issues Relating to 
VOC Regulation Cutpoints, Deficiencies, and Deviations, Clarification 
to appendix D of November 24, 1987 Federal Register document,'' 
otherwise known as the ``Blue Book'' (notice of availability was 
published in the Federal Register on May 25, 1988 and in the existing 
CTGs); (3) the ``Model Volatile Organic Compound Rules for Reasonably 
Available Technology,'' (Model VOC RACT Rules) issued as a staff 
working draft in June 1992; (4) the document entitled, ``Draft Control 
Techniques Guidelines of Control of Volatile Organic Compound Emissions 
from Offset Lithographic Printing,'' September 1993; (5) the document 
entitled, ``Alternative Control Techniques Document: Offset 
Lithographic Printing,'' (EPA 453/R-94-054) June 1994; (6) the document 
entitled, ``Alternative Control Techniques Document: Surface Coating of 
Automobile/Transportation and Business Machine Plastic Parts,'' (EPA 
453/R-94-017), February 1994; and (7) the document entitled, ``Draft 
Control Techniques Guidelines of Control of Volatile Organic Compound 
Emissions from Wood Furniture Coating Operations, October 1991.'' In 
general, these guidance documents have been set forth to ensure that 
VOC rules are fully enforceable and strengthen or maintain the SIP.
    The changes to Massachusetts's VOC regulations that were included 
in the

[[Page 48299]]

November 13, 1992 and February 17, 1993 submittals are summarized 
below, along with EPA's action with regard to each measure.

310 CMR 7.00, Definitions

    Massachusetts has adopted 47 new and revised definitions which 
clarify some of the VOC regulations which EPA is acting upon in this 
proposed rulemaking. These definitions are approvable because they 
clarify existing and new rules in Massachusetts' VOC regulations.

310 CMR 7.03(13), Paint Spray Booths

    The Commonwealth revised this regulation to include citations for 
the new VOC regulations added to 310 CMR 7.18. 310 CMR 7.03(13) 
currently regulates any new or modified paint spray booths. This 
revision is approvable.

310 CMR 7.18(2), Compliance with Emission Limitations

    Section (f) was added to this regulation to include an exemption 
for noncompliant coatings used in amounts less than 55 gallons in the 
aggregate for any consecutive 12 month period. The change is consistent 
with EPA's August 10, 1990 policy memorandum from G.T. Helms, Chief of 
the Ozone/Carbon Monoxide Programs Branch of the Office of Air Quality 
Planning and Standards, entitled, ``Exemption of Low-Use Coatings.'' 
Section 193 of the Clean Air Act (i.e., the General Savings Clause), 
requires that any regulation in effect before the date of the enactment 
of the Clean Air Act Amendments of 1990 in any nonattainment area may 
only be modified if the modification insures equivalent or greater 
reductions of the same pollutant. Although the proposed addition of 310 
CMR 7.18(2)(f) represents a small relaxation of existing control 
requirements, the requirements of section 193 are met by the reductions 
resulting from other changes being approved in this notice.
    The Commonwealth has added another section to 310 CMR 7.18(2) to 
allow daily weighted averaging, provided the source meets conditions 
outlined in the subsection. This addition is consistent given with the 
guidance given in section XX.3082 of EPA's Model Rule and is 
approvable.

310 CMR 7.18(7), Automobile Surface Coating

    The Commonwealth corrected a typographical mistake in its 
automobile surface rule. This change does not affect the rule and is 
approvable.

310 CMR 7.18(8), Solvent Metal Degreasing

    The Commonwealth has revised it's free board ratio from 0.70 to 
0.75. This revision is approval and consistent with EPA's Model Rule.

310 CMR 7.18(11), Surface Coating of Miscellaneous Metal Parts and 
Products

    The Commonwealth corrected a typographical error in section 310 CMR 
7.18(11)(a). This change does not affect the rule and is approvable.

310 CMR 7.18(12), Graphic Arts

    This regulation was amended to define RACT for graphic arts sources 
with potential emissions from all printing operations of 50 tons or 
more per year, which were not previously subject to the rule. While 
this change is consistent with the requirements of section 182 of the 
Act, the Commonwealth has removed the compliance date for sources 
previously subject to the rule. The Commonwealth included a section 301 
CMR 7.18(12)(e) allowing enforcement action to be taken on a facility 
that was not previously in compliance. EPA interprets 310 CMR 
7.18(12)(e) to require sources who meet a size cutoff of 100 tons per 
year to meet the compliance dates that were in effect from January 1, 
1983 until January 1, 1994. For example, Massachusetts' graphic arts 
rule that was adopted on August 17, 1990 had a compliance date for 100 
ton sources of December 31, 1982, unless granted an approval by the MA 
DEP to December 31, 1985. Therefore, sources who met the 100 tons per 
year cutoff had to meet the compliance date of December 31, 1982 unless 
the MA DEP granted an extension until December 31, 1985. This revision 
is approvable.

310 CMR 7.18(17), Reasonably Available Control Technology

    This regulation was amended to define RACT for any facility that 
has the potential to emit, before add-on control, equal to or greater 
than 25 tons per year. Section 182(b)(2) of the CAA requires that a SIP 
revision be submitted by November 15, 1992 including ``provisions to 
require the implementation of RACT. * * *'' In addition, the necessary 
SIP revision is required to ``provide for the implementation of the 
required measures as expeditiously as practicable but no later then May 
31, 1995.'' This regulation describes a process by which RACT can be 
defined but does not specifically define RACT for each source 
applicable to the regulation. To receive full approval, Massachusetts 
will need to define explicitly, and have approved by EPA, RACT for all 
of the sources that are subject to 310 CMR 7.18(17). Because there are 
sources in the eastern Massachusetts ozone nonattainment area for which 
RACT plans have not yet been approved by EPA, EPA will address 310 CMR 
7.18(17) in the Boston Massachusetts ozone nonattainment area in a 
separate Federal Register action, along with the case-specific RACT 
determinations. Since there are no outstanding RACT determinations in 
the Springfield ozone nonattainment area, EPA is approving 310 CMR 
7.18(17) as it applies to the Springfield Massachusetts nonattainment 
area (i.e., Berkshire, Franklin, Hampden and Hampshire counties).

310 CMR 7.18(20), Emission Control Plans for Implementation of 
Reasonably Available Control Technology

    This regulation outlines the process by which a facility must 
comply with the requirements of RACT under 310 CMR 7.18. This section 
says that a source must submit an emission control plan to the 
Commonwealth for review and approval. Furthermore, this section lists 
what the required elements are in the emission control plan.

310 CMR 7.18(21), Surface Coating of Plastic Parts

    This section is added to regulate facilities with plastic parts 
coating line(s) which in total have the potential to emit, before add-
on control, equal to or greater than 50 tons per year of VOC and 
requires compliance by January 1, 1994. A source can apply for a non-
renewable one year extension of the compliance deadline. This 
regulation requires sources who do not have control devices to meet the 
following as applied emission limits:

------------------------------------------------------------------------
                                                             Emission
                                                            limitations
                     Emission Source                       (lbs VOC/gal
                                                             solids);
------------------------------------------------------------------------
Business Machines/Miscellaneous Plastic Parts:
    Color Coating.......................................             3.4

[[Page 48300]]

 
    Color/texture Coating...............................             3.4
    EMI/RFI.............................................             8.8
Automotive Interior Parts Coating:
    Colorcoat...........................................             5.7
    Primer..............................................             6.7
Automotive Exterior Flexible Parts Coating:
    Colorcoat...........................................             9.3
    Clearcoat...........................................             6.7
    Primer..............................................            11.9
Automotive Exterior Rigid (non-flexible) Parts Coating:
    Colorcoat...........................................             9.3
    Clearcoat...........................................             6.7
    Primer..............................................             6.7
------------------------------------------------------------------------

    Additionally, the Commonwealth has included the following as 
applied emission limits for sources which have add-on control devices:

------------------------------------------------------------------------
                                                             Emission
                                                            limitations
                     Emission source                       (lbs VOC/gal
                                                              solids)
------------------------------------------------------------------------
Business Machines/Miscellaneous Plastic Parts:
    Color Coating.......................................             1.7
    Color/texture Coating...............................             1.7
    Primer Coating......................................             1.4
    EMI/RFI.............................................             1.9
Automotive Interior Parts Coating:
    Colorcoat...........................................             3.6
    Primer..............................................             1.7
Automotive Exterior Flexible Parts Coating:
    Colorcoat...........................................             2.8
    Clearcoat...........................................             2.4
    Primer..............................................             4.8
Automotive Exterior Rigid (non-flexible) Parts Coating
    Colorcoat...........................................             2.8
    Clearcoat...........................................             2.4
    Primer..............................................             3.6
------------------------------------------------------------------------

    This regulation is approvable because it is consistent with EPA 
guidance and it meets the requirements of the Act.

310 CMR 7.18(22), Leather Surface Coating

    The Commonwealth has regulated any leather surface coating line(s) 
which in total have the potential to emit before add-on control, equal 
to or greater than 50 tons per year of VOC. Compliance is required by 
January 1, 1994, unless granted an extension. No leather coater may use 
a coating which has an emission limit greater than 27.4 lbs VOC per 
gallon solids as applied. This regulation is approvable.

310 CMR 7.18(23), Wood Products Surface Coating

    This addition to Massachusetts' rules require facilities with wood 
products surface coating line(s) with the potential to emit, before 
add-on control, equal to or greater than 50 tons per year of VOC to 
meet the following emission limitations:

------------------------------------------------------------------------
                                                             Emission
                                                            Limitation
                     Emission Source                       (lbs VOC/gal
                                                              solids)
------------------------------------------------------------------------
Semitransparent stain...................................            89.4
Wash coat...............................................            35.6
Opaque stain............................................            13.0
Sealer..................................................            23.4
Pigmented coat..........................................            15.6
Clear topcoat...........................................            23.4
------------------------------------------------------------------------

    A source must comply by January 1, 1994 unless granted a 
nonrenewable one year extension. This regulation is approvable and 
meets EPA's guidance that was available at the time the rule was 
adopted.

310 CMR 7.18(24), Flat Wood Paneling Surface Coating

    This regulation requires any flat wood paneling surface coating 
line(s) which

[[Page 48301]]

emits, before add-on control equal to or greater than 15 pounds per day 
of VOC to comply with the following emission limitations by January 1, 
1994:

------------------------------------------------------------------------
                                                             Emission
                                                            Limitation
                                                            (lbs of VOC
                     Emission Source                         per 1000
                                                            square feet
                                                              coated)
------------------------------------------------------------------------
Printed hardwood panels and thin particleboard panels...             6.0
Natural finish hardwood plywood panels..................            12.0
Class II finish on hardboard panels.....................            10.0
------------------------------------------------------------------------

    This regulation is approvable and meets the requirements in EPA's 
Model Rule.

310 CMR 7.18(25), Offset Lithographic Printing

    The Commonwealth has adopted a regulation which regulates a 
facility with offset lithographic presses, which in total have the 
potential to emit, before add-on control, equal to or greater than 50 
tons per year of VOC. A source subject to this regulation must comply 
by January 1, 1994 unless granted a one year extension to January 1, 
1995. The requirements for each type of printing press is listed in 
Massachusetts' rule and the TSD prepared for this action. This 
regulation is approvable.

310 CMR 7.18(26), Textile Finishing

    This new regulation applies to any person who owns, leases, 
operates or controls a textile finishing facility with potential 
emissions of 50 tons per year before add-on control. Sources are 
required to comply with the rule by January 1, 1994 unless given a non-
renewable 1 year extension by the Commonwealth. A rotary screen or 
roller printing press cannot use a print paste formulation with an 
emission limit equal to or greater than 0.5 pounds of VOC per pound of 
solids as applied. Additionally, any finishing formulations cannot 
contain more than 0.5 pounds of VOC per pound of solids, as applied. 
This regulation is approvable because it is consistent with EPA 
guidance and it meets the requirements of the Act.

310 CMR 7.18(27), Coating Mixing Tanks

    This new section regulates sources who lease, operate or control a 
coating mixing tank which emits before add-on control, 15 pounds of VOC 
per day. Most of this regulation requires ``good housekeeping'' 
measures for portable and stationary coating mixing tanks. Any source 
which has emissions from coating mixing tanks in excess of 50 tons per 
year must submit a plan to the Commonwealth and have it approved. The 
plans required by the coating mixing tank regulation are not necessary 
in order to enforce the basic RACT housekeeping that EPA is approving. 
Those requirements are already specified in the rule. This regulation 
is approvable.

310 CMR 7.24(3), Distribution of Motor Vehicle Fuel

    The Commonwealth had revised this regulation to include a minor 
wording change in the applicability of the rule. Stationary tanks with 
the capacity equal to or greater than 2000 gallons are required to have 
any vapors displaced through submerged fill to be processed through a 
vapor balance system. The former regulation required stationary tanks 
greater than 2000 gallons to have their emission processed. The 
Commonwealth has also amended recordkeeping and testing provisions. 
This revision is approvable.

Transfer Efficiency Test Methods

    In each of the new surface coating regulations EPA is approving 
today, there is a provision that addresses transfer efficiency. A 
typical example is found in the plastic parts surface coating 
regulation, 310 CMR 7.18(21)(g), which reads in part: ``Demonstrations 
of compliance may include considerations of transfer efficiency 
provided that the baseline transfer efficiency is equal to or greater 
than 65%, and the transfer efficiency test method is detailed in the 
emission control plan approved by the Department.'' See also 310 CMR 
7.18 (22)(f) (leather surface coating), (23)(g) (wood products surface 
coating), (24)(g) (flatwood paneling surface coating). This provision 
is designed to ensure that any transfer efficiency test method is 
clearly stated in an emission control plan, but it is not designed to 
delegate approval of that test method to DEP. Each of these rules 
includes a provision specifically requiring both DEP and EPA approval 
of any new test methods, such as 310 CMR 7.18(21)(I), which reads in 
part: ``Testing shall be conducted in accordance with EPA Method 24 
and/or Method 25 as described in CFR Title 40 part 60, or by other 
methods approved by the Department and EPA.'' (Emphasis added; see also 
310 CMR 7.18(22)(h), (23)(i), (24)(i).) Any test method used to 
demonstrate improved transfer efficiency will have to be approved by 
both DEP and EPA, because there is currently no approved method in 40 
CFR part 60. EPA is basing its approval of these provisions on its 
understanding that it is DEP's intent to submit transfer efficiency 
test methods to EPA for approval.

III. Final Action:

    EPA is fully approving the VOC RACT regulations submitted by the 
Commonwealth on February 17, 1993 as revisions to the Commonwealth's 
SIP, with the exception of 310 CMR 7.18(17). For this regulation, EPA 
is approving it only as it applies to the Springfield, Massachusetts 
ozone nonattainment area (i.e., Berkshire, Franklin, Hampden and 
Hampshire counties).
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, the EPA is publishing a separate document 
that will serve as a proposal to approve the SIP revision should 
relevant adverse comments be filed. This action will be effective 
November 2, 1999 without further notice unless, by October 4, 1999, 
relevant adverse comments are received.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. Only parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective November 2, 1999 and no further action will be 
taken on the proposed rule.
    Nothing in this action should be construed as permitting or 
allowing or

[[Page 48302]]

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.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This FINAL rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under sections 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate, or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United

[[Page 48303]]

States prior to publication of the rule in the Federal Register. This 
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

    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 November 2, 1999. 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).) EPA encourages 
interested parties to comment in response to the proposed rule rather 
than petition for judicial review, unless the objection arises after 
the comment period allowed for in the proposal.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Ozone, Reporting and recordkeeping 
requirements.

    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: June 24, 1999.
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)(117) to read 
as follows:


Sec. 52.1120  Identification of plan.

* * * * *
    (c) * * *
    (117) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on February 17, 
1993.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated February 17, 1993 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Regulations 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint 
spray booths; 310 CMR 7.18(2), Compliance with emission limitations; 
310 CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent 
Metal Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous 
metal parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR 
7.18(17), Reasonable available control technology (as it applies to the 
Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission 
control plans for implementation of reasonably available control 
technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR 
7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products 
surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating; 
310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26), 
Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR 
7.24(3), Distribution of motor vehicle fuel all effective on February 
12, 1993.
    3. In Sec. 52.1167 Table 52.1167 is amended by adding new entries 
in numerical order to existing state citations: ``310 CMR 7.00, 
Definitions; 310 CMR 7.18(2), Compliance with emission limitations; 310 
CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal 
Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal 
parts and products; 310 CMR 7.18(12), Graphic arts; and 310 CMR 
7.18(17), Reasonable available control technology; and by adding the 
following new state citations: 310 CMR 7.03(13), Paint spray booths; 
310 CMR 7.18(20), Emission control plans for implementation of 
reasonably available control technology; 310 CMR 7.18(21), Surface 
coating of plastic parts; 310 CMR 7.18(22), Leather surface coating; 
310 CMR 7.18(23), Wood products surface coating; 310 CMR 7.18(24), Flat 
wood paneling surface coating; 310 CMR 7.18(25), Offset lithographic 
printing; 310 CMR 7.18(26), Textile finishing; 310 CMR 7.18(27), 
Coating mixing tanks; and 310 CMR 7.24(3), Distribution of motor 
vehicle fuel.


Sec. 52.1167  EPA--approved  Massachusetts State regulations

* * * * *

                                                 Table 52.1167--EPA--Approved Massachusetts Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Date
         State citation             Title/Subject    Date submitted by  approved by   Federal Register   52.1120(c)      Comments/unapproved sections
                                                           State            EPA           citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                           *          *          *          *          *          *          *
310 CMR 7.00                     Definitions         February 17, 1993     9/3/1999  [Insert FR              c(117)  ...................................
                                                                                      citation from
                                                                                      published date].
 
                                           *          *          *          *          *          *          *
310 CMR 7.03(13)...............  Paint spray booths  February 17, 1993     9/3/1999  [Insert FR              c(117)  Adds the following coating
                                                                                      citation from                   operations: plastic parts surface
                                                                                      published date].                coating, leather surface coating,
                                                                                                                      wood product surface coating, and
                                                                                                                      flat wood paneling surface
                                                                                                                      coating.
 

[[Page 48304]]

 
                                           *          *          *          *          *          *          *
310 CMR 7.18(2)................  Compliance with     February 17, 1993     9/3/1999  [Insert FR              c(117)  Adds an exemption for coatings used
                                  emission                                            citation from                   in small amounts, and a section on
                                  limitations.                                        published date].                daily weighted averaging.
 
                                           *          *          *          *          *          *          *
310 CMR 7.18(7)................  Automobile surface  February 17, 1993     9/3/1999  [Insert FR              c(117)  Revises a limit for primer surface
                                  coating.                                            citation from                   coating.
                                                                                      published date].
310 CMR 7.18(8)................  Solvent Metal       February 17, 1993     9/3/1999  [Insert FR              c(117)  Adds a typographical correction.
                                  Degreasing.                                         citation from
                                                                                      published date].
 
                                           *          *          *          *          *          *          *
310 CMR 7.18(11)...............  Surface coating of  February 17, 1993     9/3/1999  [Insert FR              c(117)  Revises a reference.
                                  miscell-aneous                                      citation from
                                  metal parts and                                     published date].
                                  products.
310 CMR 7.18(12)...............  Graphic arts        February 17, 1993     9/3/1999  [Insert FR              c(117)  Amends applicability to 50 tons per
                                                                                      citation from                   year VOC.
                                                                                      published date].
310 CMR 7.18(17)...............  Reasonable          February 17, 1993     9/3/1999  [Insert FR              c(117)  Adds new VOC RACT requirements in
                                  available control                                   citation from                   the Springfield, Mass. ozone
                                  technology.                                         published date].                nonattainment area only.
 
                                           *          *          *          *          *          *          *
310 CMR 7.18(20)...............  Emission Control    February 17, 1993     9/3/1999  [Insert FR              c(117)  Adds new VOC RACT requirements.
                                  Plans for                                           citation from
                                  implementa-tion                                     published date].
                                  of reasonably
                                  available control
                                  technology.
310 CMR 7.18(21)...............   Surface coating    February 17, 1993     9/3/1999  [Insert FR              c(117)  Adds VOC RACT for plastic parts
                                  of plastic parts.                                   citation from                   surface coating.
                                                                                      published date].
310 CMR 7.18(22)...............  Leather surface     February 17, 1993     9/3/1999  [Insert FR              c(117)  Adds VOC RACT for leather surface
                                  coating.                                            citation from                   coating.
                                                                                      published date].
310 CMR 7.18(23)...............  Wood products       February 17, 1993     9/3/1999  [Insert FR              c(117)  Adds VOC RACT for wood product
                                  surface coating.                                    citation from                   surface coating.
                                                                                      published date].
310 CMR 7.18(24)...............  Flat wood paneling  February 17, 1993     9/3/1999  [Insert FR              c(117)  Adds VOC RACT for flat wood
                                  surface coating.                                    citation from                   paneling surface coating.
                                                                                      published date].
310 CMR 7.18(25)...............  Offset              February 17, 1993     9/3/1999  [Insert FR              c(117)  Adds VOC RACT for offset
                                  lithographic                                        citation from                   lithographic printing.
                                  printing.                                           published date].
310 CMR 7.18(26)...............  Textile finishing   February 17, 1993     9/3/1999  [Insert FR              c(117)  Adds VOC RACT for textile
                                                                                      citation from                   finishing.
                                                                                      published date].
310 CMR 7.18(27)...............  Coating mixing      February 17, 1993     9/3/1999  [Insert FR              c(117)  Adds VOC RACT for coating mixing
                                  tanks.                                              citation from                   tanks.
                                                                                      published date].
 
                                           *          *          *          *          *          *          *
310 CMR 7.24(3)................  Distribution of     February 17, 1993     9/3/1999  [Insert FR              c(117)  Amends distribution of motor fuel
                                  motor vehicle                                       citation from                   requirements, applicability,
                                  fuel.                                               published date].                recordkeeping and testing
                                                                                                                      requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 48305]]

[FR Doc. 99-22933 Filed 9-2-99; 8:45 am]
BILLING CODE 6560-50-P