[Federal Register Volume 65, Number 129 (Wednesday, July 5, 2000)]
[Rules and Regulations]
[Pages 41344-41346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15909]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA077-7210a; A-1-FRL-6709-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; VOC Regulation for Large Commercial Bakeries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Massachusetts. This revision 
establishes and requires large commercial bakeries to meet VOC 
Reasonably Available Control Technology (RACT) requirements. The 
intended effect of this action is to approve a revision to 
Massachusetts SIP which reduces VOC emissions from bakeries. This 
action is being taken in accordance with the Clean Air Act.

DATES: This direct final rule is effective on September 5, 2000 without 
further notice, unless EPA receives adverse comment by August 4, 2000. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Comments may be mailed to David Conroy, Manager, Air Quality 
Planning Unit, Office of Ecosystems Protection, 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 
Office of Ecosystems Protection, U.S. Environmental Protection Agency, 
Region I, One Congress Street, 11th floor, Boston, MA; and 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: The Clean Air Act (CAA) establishes 
requirements for State Implementation Plans for areas that have not 
attained the national ambient air quality standards for ozone. Section 
182(b)(2) of the CAA expands the applicability of RACT to sources of 
VOC equal to or greater than 50 tons per year. To help the states 
identify VOC control options, the CAA required EPA to publish 
alternative control technology (ACT) documents for a variety of VOC 
sources. EPA published an ACT document for Bakery Oven Emissions (EPA 
453/R-92-017) in December, 1992. Massachusetts has identified several 
large commercial bakeries that are greater than 50 ton per year sources 
and as such are subject to RACT. Massachusetts adopted 310 CMR 
7.18(29), Bakeries to reduce VOC emissions from bakeries.
    On March 29, 1995, the Commonwealth of Massachusetts submitted a 
formal revision to its SIP. The SIP revision amends 310 CMR 7.00 by 
adding Section 310 CMR 7.18(29), Bakeries.

I. Summary of SIP Revision

    The adopted air pollution control regulation, 310 CMR 7.18(29) 
Bakeries, establishes RACT for bakery facilities. The rule applies to 
any person who owns, leases, operates or controls any bakery which has 
the potential to emit, before the application of air pollution control 
equipment, equal to or greater than 50 tons per year of VOC. The rule 
establishes as RACT that affected bakeries reduce VOC emissions from 
baking ovens by 81% by weight. The 81% overall reduction requirement is 
based on a minimum capture efficiency of 90% combined with a minimum 
destruction efficiency of 90%. According to the Massachusetts 
Department of Environmental Protection, affected bakeries in the 
Commonwealth will be installing catalytic oxidation to achieve RACT 
level VOC reductions. Massachusetts' rule contains the following 
additional provisions:
    1. Exemption for small bakeries: This section exempts bakeries that 
can demonstrate that, since January 1, 1990, the bakery has not 
emitted, before the application of air pollution control equipment, 
greater than or equal to 50 tons per year of VOC. Small bakeries must 
obtain a permit restriction which restricts potential emissions to 
below 50 tons per year;
    2. Exemptions for small ovens: This section exempts individual 
baking ovens (at an applicable facility) which have not emitted since 
January 1, 1990, before application of air pollution control equipment, 
greater than 25 tons of VOC in any calendar year from the RACT 
requirement and plan submittal requirements. (small ovens must still 
comply with the recordkeeping and testing requirements);
    3. Plan submittal requirements: This section requires bakeries to 
submit an emission control plan to the Massachusetts DEP for approval 
(note that the emission limit requirement in 310 CMR 7.18(29)(e) is 
directly

[[Page 41345]]

enforceable under the SIP whether or not a bakery has submitted a 
plan.);
    4. Recordkeeping requirements: This section requires bakeries to 
maintain records necessary to demonstrate compliance for at least five 
years, including: monthly records to determine emissions from each 
oven, and hourly (or continuous ) records of control equipment 
operating parameters such as temperature, pressure drop, or other 
parameters to assure continuous compliance; and
    5. Testing Requirements: This section requires bakeries to perform 
tests to demonstrate compliance upon request of the Massachusetts DEP.
    Facilities are required to comply with RACT by May 31, 1995.
    EPA's evaluation is detailed in a memorandum, entitled ``Technical 
Support Document for Massachusetts Air Pollution Control Regulation, 
310 CMR 7.18(29), Bakeries.'' EPA considers the Massachusetts bakery 
regulation to represent a reasonable level of control for all affected 
facilities. In approvals granted by Massachusetts DEP of emission 
control plans submitted by individual bakeries, Massachusetts DEP 
evaluates the feasibility of higher reduction rates (e.g. 95% minimum 
oxidizer destruction efficiency) and imposes those if determined to be 
feasible.

II. Final Action

    EPA is approving Section 310 CMR 7.18(29), Bakeries. The 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, the EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. This action will be effective 
September 5, 2000, unless by August 4, 2000, relevant adverse comments 
are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will 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 September 5, 2000.
    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.

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    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 States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 5, 2000. 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 on the proposed rule rather than file a 
petition for review in the Court of Appeals.

List of Subjects in 40 CFR Part 52

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


[[Page 41346]]


    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 22, 2000.
Mindy S. Lubber,
Regional Administrator, EPA New England.

    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)(110) to read 
as follows:


Sec. 52.1120  Identification of plan.

* * * * *
    (c) * * *
    (110) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on March 29, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated March 29, 1995 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of 
Air Pollution for the Commonwealth of Massachusetts effective on 
January 27, 1995: 310 Code of Massachusetts Regulations Section 
7.18(29), Bakeries.
    3. In Sec. 52.1167 Table 52.1167 is amended by adding the following 
new state citation: 310 CMR 7.18(29), Bakeries.


Sec. 52.1167  EPA-approved Massachusetts State regulations.

                                                   Table 52.1167.--EPA-Approved Rules and Regulations.
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                                                             Date
          State citation               Title/subject      submitted   Date approved by EPA    Federal Register     52.1120(c)     Comments/unapproved
                                                           by State                               citation                              sections
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                *                   *                   *                   *                   *                   *                   *
310 CMR 7.18(29).................  Bakeries............     03/29/95  July 5, 2000........  [Insert FR citation           110  Reasonably Available
                                                                                             from published                     Control Technology
                                                                                             date].                             Requirement (RACT) for
                                                                                                                                bakeries.
                *                   *                   *                   *                   *                   *                   *
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[FR Doc. 00-15909 Filed 7-3-00; 8:45 am]
BILLING CODE 6560-50-P