[Federal Register Volume 70, Number 101 (Thursday, May 26, 2005)]
[Rules and Regulations]
[Pages 30367-30370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10481]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R01-OAR-2004-ME-0005; A-1-FRL-7913-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine; VOC Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving two State Implementation Plan (SIP) revisions 
submitted by the State of Maine. These revisions establish requirements 
to reduce volatile organic compound (VOC) emissions from mobile 
equipment repair and refinishing, and solvent cleaning operations. The 
intended effect of this action is to approve these requirements into 
the Maine SIP. EPA is taking this action in accordance with the Clean 
Air Act (CAA).

DATES: This direct final rule will be effective July 25, 2005, unless 
EPA receives adverse comments by June 27, 2005. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R01-OAR-2004-ME-0005 by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/ Regional Material 
in EDocket (RME), EPA's electronic public docket and comment system, is 
EPA's preferred method for receiving comments. Once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    3. E-mail: [email protected].
    4. Fax: (617) 918-0661.
    5. Mail: ``RME ID Number R01-OAR-2004-ME-0005,'' David Conroy, U.S. 
Environmental Protection Agency, EPA New England Regional Office, One 
Congress Street, Suite 1100 (mail code CAQ), Boston, MA 02114-2023.
    6. Hand Delivery or Courier. Deliver your comments to: David 
Conroy, Unit Manager, Air Quality Planning, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, 11th floor, (CAQ), Boston, MA 
02114-2023. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
Federal holidays.
    Instructions: Direct your comments to Regional Material in EDocket 
(RME) ID Number R01-OAR-2004-ME-0005. EPA's policy is that all comments 
received will be included in the public docket without change and may 
be made available online at http://docket.epa.gov/rmepub/, including 
any personal information provided, unless the comment includes 
information claimed to be Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. Do not 
submit information that you consider to be CBI or otherwise protected 
through Regional Material in EDocket (RME), regulations.gov, or e-mail. 
The EPA RME Web site and the federal regulations.gov Web site are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in RME or in hard copy at the Office of 
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New 
England Regional Office, One Congress Street, Suite 1100, Boston, MA. 
EPA requests that if at all possible, you contact the contact listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Anne Arnold, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023, 
(617) 918-1047, [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 30368]]

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    In addition to the publicly available docket materials available 
for inspection electronically in Regional Material in EDocket, and the 
hard copy available at the Regional Office, which are identified in the 
ADDRESSES section above, copies of the state submittal and EPA's 
technical support document are also available for public inspection 
during normal business hours, by appointment at the Bureau of Air 
Quality Control, Department of Environmental Protection, First Floor of 
the Tyson Building, Augusta Mental Health Institute Complex, Augusta, 
ME 04333-0017.

II. Rulemaking Information

    This section is organized as follows:

A. What Action Is EPA Taking?
B. What Are the Requirements of Maine's New Regulations?
C. Why Is EPA Approving Maine's Regulations?
D. What Is the Process for EPA to Approve These SIP Revisions?

A. What Action Is EPA Taking?

    EPA is approving Maine's Chapter 153, ``Mobile Equipment Repair and 
Refinishing,'' and Chapter 130, ``Solvent Cleaners,'' and incorporating 
these regulations into the Maine SIP.

B. What Are the Requirements of Maine's New Regulations?

    Maine's Chapter 153 applies to any person who applies mobile 
equipment repair and refinishing coatings. The regulation establishes: 
(a) Requirements for using improved transfer efficiency coating and 
application equipment, such as high volume low pressure spray guns; (b) 
requirements for enclosed spray gun cleaning techniques; (c) minimum 
training standards in the proper use of equipment and materials; and 
(d) other work practice standards, such as storing coatings and 
solvents in closed containers. Compliance with the rule is required by 
January 1, 2005. VOC limits for mobile equipment repair and refinishing 
coatings are not included in Maine's Chapter 153 but are in effect 
nationally under the Federal requirements at 40 CFR part 59, subpart B, 
National VOC Emissions Standards for Automobile Refinish Coatings, 
which EPA adopted in 1998.
    Maine's Chapter 130 includes equipment and work practice standards 
for batch cold cleaning machines, batch vapor cleaning machines, in-
line cleaning machines, and cleaning machines not having a solvent/air 
interface. An alternative standard for batch vapor or in-line cleaning 
machines is also included. Also, with the exception of certain 
specified exemptions, the rule requires that cold cleaning machines use 
a solvent with a vapor pressure of 1.00 mm Hg or less. In addition, 
Chapter 130 includes the appropriate monitoring and recordkeeping 
requirements to ensure compliance with the specified performance 
standards. Finally, the rule requires compliance with the new low vapor 
pressure requirement by May 1, 2005, and compliance with the other 
requirements of the rule upon its effective date (i.e., June 28, 2004).

C. Why Is EPA Approving Maine's Regulations?

    EPA has evaluated Maine's Chapter 153 and Chapter 130 and has found 
that these regulations are generally consistent with EPA guidance and 
the Ozone Transport Commission (OTC) model rules for the relevant 
source categories. The specific requirements of Maine's regulations and 
EPA's evaluation of these requirements are detailed in a memorandum, 
dated April 22, 2005, entitled ``Technical Support Document--Maine--VOC 
Regulations'' (TSD). The TSD and Maine's regulations are available in 
the docket supporting this action.
    The OTC has developed model rules for several VOC source 
categories, and the OTC states, including Maine, have signed a 
memorandum of understanding (MOU) committing to adopt these model 
rules. (See ``Model Rule for Solvent Cleaning,'' and ``Model Rule for 
Mobile Equipment Repair and Refinishing,'' both dated March 6, 2001.)
    Several other OTC states have also recently adopted mobile 
equipment repair and refinishing rules and solvent cleaning rules based 
on the OTC model rules and EPA has already approved some of these 
states' rules.\1\
---------------------------------------------------------------------------

    \1\ For example, on November 22, 2002, EPA approved Delaware's 
mobile equipment repair and refinishing rule (67 FR 70315), and on 
January 23, 2004, EPA approved New York's solvent cleaning rule (69 
FR 3237).
---------------------------------------------------------------------------

    In addition, it should also be noted that EPA previously approved 
an earlier version of Maine's Chapter 130 solvent cleaning rule into 
the Maine SIP. (See 59 FR 31157; June 17, 1994.) The earlier version of 
Chapter 130 was based on EPA's control technique guideline (CTG) for 
solvent cleaning.\2\ As discussed in more detail in the TSD, EPA has 
determined that the new version of Chapter 130 meets the section 110(l) 
anti-backsliding provisions of the Clean Air Act (CAA). Therefore, EPA 
is approving Chapter 130 to enforce the requirement under the CAA for 
reasonably available control technology on this CTG category. Maine is 
not submitting Chapter 153 to meet any specific control requirements 
under the Clean Air Act. EPA is approving Chapter 153 because it will 
strengthen Maine's SIP. If Maine elects to rely on Chapter 153 in a 
future control strategy SIP (e.g., a rate of progress plan or an 
attainment demonstration), the rule will become a control measure 
required under the Clean Air Act for purposes of that control strategy 
SIP.
---------------------------------------------------------------------------

    \2\ ``Control of Volatile Organic Emissions from Solvent Metal 
Cleaning,'' (EPA-450/2-77-022), November 1977.
---------------------------------------------------------------------------

D. What Is the Process for EPA To Approve These SIP Revisions?

    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 July 25, 2005 
without further notice unless the EPA receives relevant adverse 
comments by June 27, 2005.
    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 July 25, 2005 and no 
further action will be taken on the proposed rule. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

III. Final Action

    EPA is approving Maine's Chapter 153, ``Mobile Equipment Repair and 
Refinishing,'' and Chapter 130, ``Solvent Cleaners,'' and incorporating 
these regulations into the Maine SIP.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is

[[Page 30369]]

not a ``significant regulatory action'' and therefore is not subject to 
review by the Office of Management and Budget. For this reason, this 
action is also not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does 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 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. 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 July 25, 2005. 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, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: May 9, 2005.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart U--Maine

0
2. Section 52.1020 is amended by adding paragraph (c)(54) to read as 
follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *
    (54) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on March 8, 2004, and June 
28, 2004.
    (i) Incorporation by reference. (A) Chapter 153 of the Maine 
Department of Environmental Protection Regulations, ``Mobile Equipment 
Repair and Refinishing,'' effective in the State of Maine on February 
25, 2004.
    (B) Chapter 130 of the Maine Department of Environmental Protection 
Regulations, ``Solvent Cleaners,'' effective in the State of Maine on 
June 28, 2004.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.

0
3. In Sec.  52.1031, Table 52.1031 is amended by adding a new entry to 
existing state citation 130, and by adding a new state citation, 153, 
to read as follows:


Sec.  52.1031  EPA-approved Maine Regulations.

* * * * *

                               Table 52.1031.--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
                                              Date       Date
  State  citation        Title/subject      adopted    approved    Federal Register        52.1020
                                            by State    by EPA         citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
130................  Solvent Cleaners....    6/17/04    5/26/05  [Insert FR citation   (c)(54).......
                                                                  from published
                                                                  date].

[[Page 30370]]

 
 
                                                  * * * * * * *
153................  Mobile Equipment         2/5/04    5/26/05  [Insert FR citation   (c)(54).......
                      Repair and                                  from published
                      Refinishing.                                date].
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
Note.--1. The regulations are effective statewide unless stated otherwise in comments section.


[FR Doc. 05-10481 Filed 5-25-05; 8:45 am]
BILLING CODE 6560-50-P