[Federal Register Volume 65, Number 132 (Monday, July 10, 2000)]
[Rules and Regulations]
[Pages 42290-42292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16626]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-042-01-6990a; A-1-FRL-6727-9]


Approval and Promulgation of Air Quality Implementation Plans; 
New Hampshire, Rhode Island, and Vermont; Aerospace Negative 
Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving negative declarations submitted by the 
States of New Hampshire, Rhode Island, and Vermont for aerospace 
coating operations. This action is being taken in accordance with the 
Clean Air Act (CAA).

DATES: This direct final rule is effective on September 8, 2000 without 
further notice, unless EPA receives adverse comment by August 9, 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, Unit Manager, Air 
Quality Planning, Office of Ecosystem Protection (mail code CAQ), U.S. 
Environmental Protection Agency, EPA New England, One Congress Street, 
Suite 1100, 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, EPA New England, One Congress Street, 
11th floor, Boston, MA, 02114-2023. Copies of New Hampshire's submittal 
are also available at Air Resources Division, Department of 
Environmental Services, 6 Hazen Drive, P.O. Box 95, Concord, NH 03302-
0095. Copies of Rhode Island's submittal are also available at Office 
of Air Resources, Department of Environmental Management, 235 Promenade 
Street, Providence, RI 02908-5767. Copies of Vermont's submittal are 
also available Air Pollution Control Division, Agency of Natural 
Resources, Building 3 South, 103 South Main Street, Waterbury, VT 
05676.

FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 918-1047.

SUPPLEMENTARY INFORMATION: This section is organized as follows:

    What action is EPA taking?
    What are the relevant CAA requirements?
    What is a control techniques guideline (CTG)?
    What is the aerospace CTG?
    How have New Hampshire, Rhode Island, and Vermont addressed the 
CAA requirements for aerospace coating operations?
    What is EPA's response to the states' submittals?

What Action Is EPA Taking?

    EPA is approving negative declarations for aerospace coating 
operations submitted by New Hampshire on September 11, 1998, by Rhode 
Island on March 28, 2000, and by Vermont on July 28, 1998. EPA is also 
correcting Table (e) in 40 CFR 52.2070 to include Rhode Island's 
negative declaration for the synthetic organic chemical manufacturing 
industry (SOCMI) distillation and reactor processes control techniques 
guideline categories. EPA approved the SOCMI distillation and reactor 
processes negative declaration for Rhode Island on December 2, 1999 (64 
FR 67495) but neglected to add the appropriate entry to Table (e) at 
that time.

What Are the Relevant CAA Requirements?

    Sections 182(b)(2) and 184(b) of the Clean Air Act contain the 
requirements relevant to today's action. Section 182(b)(2) 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 Control Techniques Guideline (CTG)--i.e., a CTG issued prior 
to the enactment of the 1990 amendments to the CAA; (2) RACT for 
sources covered by a post-enactment CTG; and (3) all major sources not 
covered by a CTG, i.e., non-CTG sources.
    Pursuant to the CAA Amendments of 1990, all of Rhode Island and 
portions of New Hampshire were classified as serious nonattainment for 
ozone. 56 FR 56694 (Nov. 6, 1991). These areas were, thus, subject to 
the section 182(b)(2) RACT requirement.
    In addition, the States of New Hampshire, Rhode Island, and Vermont 
are located in the Northeast Ozone Transport Region (OTR). These states 
are, therefore, subject to section 184(b) of the amended CAA. Section 
184(b) requires that RACT be implemented in the entire state for all 
VOC sources covered by a CTG issued before or after the enactment of 
the CAA Amendments of 1990 and for all major VOC sources (defined as 50 
tons per year for sources in the OTR).

[[Page 42291]]

What Is a Control Techniques Guideline (CTG)?

    A CTG is a document issued by EPA which establishes a ``presumptive 
norm'' for RACT for a specific VOC source category. Under the pre-
amended CAA, EPA issued CTG documents for 29 categories of VOC sources. 
Section 183 of the amended CAA requires that EPA issue 13 new CTGs. 
Appendix E of the General Preamble of Title I (57 FR 18077) lists the 
categories for which EPA plans to issue new CTGs.

What Is the Aerospace CTG?

    EPA issued a CTG for aerospace coating operations on March 27, 1998 
(63 FR 15006). This CTG applies to aerospace coating operations with 
the potential to emit 25 tons of VOC or more per year.

How Have New Hampshire, Rhode Island, and Vermont Addressed the CAA 
Requirements for Aerospace Coating Operations?

    In response to the CAA requirement to adopt RACT for all sources 
covered by a new CTG, New Hampshire, Rhode Island, and Vermont 
submitted negative declarations to EPA for the aerospace coating 
operations CTG category. Through the negative declaration, New 
Hampshire, Rhode Island, and Vermont are asserting that there are no 
sources within their respective states that would be subject to a rule 
for aerospace coating operations.

What Is EPA's Response to the States' Submittals?

    EPA is approving these negative declaration submittals as meeting 
the CAA section 182(b)(2) and section 184(b) requirements, as 
applicable, for this source category. However, if evidence is submitted 
by August 9, 2000 that there are existing sources within the States of 
New Hampshire, Rhode Island, or Vermont that, for purposes of meeting 
the RACT requirements, would be subject to a rule for aerospace coating 
operations, if developed, such comments would be considered adverse and 
EPA would withdraw its approval action on that State's negative 
declaration.
    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, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This action will be effective September 8, 
2000 without further notice unless the Agency receives adverse comments 
by August 9, 2000.
    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. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on September 8, 2000 and no 
further action will be taken on the proposed rule.
    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.

Final Action

    EPA is approving negative declarations submitted by New Hampshire, 
Rhode Island, and Vermont for aerospace coating operations. EPA is also 
correcting Table (e) in 40 CFR 52.2070 to include Rhode Island's 
negative declaration for the SOCMI distillation and reactor processes 
CTG categories.

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.
    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

[[Page 42292]]

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 8, 2000. Interested parties should 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. 
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, 
Ozone.

    Dated: June 12, 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 et seq.

Subpart EE--New Hampshire

    2. Section 52.1520 is amended by adding paragraph (c)(67) to read 
as follows:


Sec. 52.1520  Identification of plan.

* * * * *
    (c) * * *
    (67) Revisions to the State Implementation Plan submitted by the 
New Hampshire Air Resources Division on September 11, 1998.
    (i) Additional materials.
    (A) Letter from the New Hampshire Department of Environmental 
Services dated September 11, 1998 stating a negative declaration for 
the aerospace coating operations Control Techniques Guideline category.

Subpart OO--Rhode Island

    3. Section 52.2070 is amended as follows:
    In paragraph (e), the table is amended by adding at the end of the 
table new citations for two negative declarations to read as follows:


Sec. 52.2070  Identification of plan.

* * * * *
    (e) Non Regulatory.

                                                               Rhode Island Non Regulatory
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   Name of non regulatory SIP     Applicable geographic or  State submittal date/effective
           provision                 nonattainment area                  date                       EPA approved date                 Explanations
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                   *                  *                  *                  *                  *                  *                  *
Negative Declaration for         Statewide................  Submitted 4/5/95..............  12/2/99, 64 FR 67495.............  .........................
 Synthetic Organic Chemical
 Manufacturing Industry (SOCMI)
 Distillation and Reactor
 Processes Control Techniques
 Guideline Categories.
Negative Declaration for         Statewide................  Submitted 3/28/00.............  July 10, 2000 [Insert FR citation
 Aerospace Coating Operations                                                                from published date].
 Control Techniques Guideline
 Category.
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Subpart UU--Vermont

    4. Section 52.2370 is amended by adding paragraph (c)(26) to read 
as follows:


Sec. 52.2370  Identification of plan.

* * * * *
    (c) * * *
    (26) Revisions to the State Implementation Plan submitted by the 
Vermont Air Pollution Control Division on July 28, 1998.
    (i) Additional materials.
    (A) Letter from the Vermont Air Pollution Control Division dated 
July 28, 1998 stating a negative declaration for the aerospace coating 
operations Control Techniques Guideline category.

[FR Doc. 00-16626 Filed 7-7-00; 8:45 am]
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