[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Proposed Rules]
[Pages 46552-46555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18532]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2008-0446; A-1-FRL- 9842-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; Regulations Limiting Emissions of Volatile Organic 
Compounds and Nitrogen Oxides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve State Implementation Plan 
(SIP) revisions submitted by the Commonwealth of Massachusetts. These 
are revisions to existing air pollution control requirements for 
stationary sources of volatile organic compounds (VOCs) and nitrogen 
oxides (NOX). This action is being taken under the Clean Air 
Act.

DATES: Written comments must be received on or before September 3, 
2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2008-0446 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2008-0446,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5

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Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912.
    5. Hand Delivery or Courier: Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, U.S. Environmental Protection 
Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, 
(mail code OEP05-2), Boston, MA 02109-3912. 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 legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2008-0446. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, 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 through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
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 email 
comment directly to EPA without going through www.regulations.gov your 
email 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 
www.regulations.gov index. 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 www.regulations.gov or 
in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, 
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 legal 
holidays.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency; Division of Air Quality Control, Department of 
Environmental Protection, One Winter Street, 8th Floor, Boston, MA 
02108.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number (617) 918-1046, fax number (617) 918-
0046, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. Additionally, the phrase ``the 
Commonwealth'' refers to the Commonwealth of Massachusetts.
    Organization of this document. The following outline is provided to 
aid in locating information contained in this preamble.

I. Background and Purpose
II. Summary of State's Submittal
    a. Revisions to 310 CMR 7.00, Definitions.
    b. Revisions to 310 CMR 7.05, Fuels All Districts.
    c. Revisions to 310 CMR 7.18, Volatile and Halogenated Organic 
Compounds.
    d. Revisions to 310 CMR 7.19, Reasonably Available Control 
Technology (RACT) for Sources of Oxides of Nitrogen 
(NOX).
    e. Revisions to 310 CMR 7.24, Organic Material Storage and 
Distribution.
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 11, 2001, and September 14, 2006, the Massachusetts 
Department of Environmental Protection (DEP) submitted two separate 
requests for proposed revisions to its SIP. The July 11, 2001 submittal 
was supplemented with two additional submittals, one on August 9, 2001, 
and a second on January 18, 2002 (collectively referred to herein as 
the July 11, 2001 submittal).
    The July 11, 2001 submittal includes revisions to Title 310 of the 
Code of Massachusetts Regulations (CMR), section 7.19, Reasonably 
Available Control Technology (RACT) for Sources of Nitrogen Oxides 
(NOX). Public hearings were held on July 25, 2000 and July 
27, 2000 regarding the Commonwealth's July 11, 2001 submittal.
    The September 14, 2006 submittal included revisions to 310 CMR 
7.00, Definitions; 7.05, Fuels All Districts; 7.19, RACT for Sources of 
NOX; and 7.24, Organic Material Storage and Distribution.\1\ 
Public hearings were held on February 11, 2004, and February 12, 2004, 
regarding the proposed revisions to 310 CMR 7.00, 7.05, 7.18, and 7.19 
submitted by the Commonwealth on September 14, 2006. Public hearings 
were held on October 18, 2005 and October 19, 2005, regarding the 
proposed revisions to 310 CMR 7.00 and 7.24 submitted by the 
Commonwealth on September 14, 2006.
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    \1\ Note that the September 14, 2006 submittal included 
additional revisions (such as 310 CMR 7.06) that were subsequently 
withdrawn in a letter from MA DEP to EPA dated January 18, 2013.
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II. Summary of State's Submittal

a. Revisions to 310 CMR 7.00, Definitions

    The Commonwealth's submittal includes a number of terms to be added 
or revised to 310 CMR 7.00, Definitions. The terms are defined to 
facilitate interpretation and understanding, and enhance 
enforceability, of the state's air pollution control regulations. 
Definitions for 81 terms are included in the Commonwealth's submittal 
and we are proposing to incorporate these terms into the Massachusetts 
SIP. A list of these terms and the Commonwealth's definitions for them 
are included in the Docket for this rulemaking. These definitions as 
used in the Commonwealth's regulations that are currently approved into 
the Massachusetts SIP are consistent with the applicable requirements 
of the Clean Air Act. Among the more significant definitions being 
amended are several which pertain to the Commonwealth's new source 
review program, as follows: ``Federal potential to emit''; 
``nonattainment area''; and ``Potential emissions or potential to 
emit.'' These definitions were strengthened and are consistent with 
federal requirements under the Clean Air Act.

b. Revisions to 310 CMR 7.05, Fuels All Districts

    The Commonwealth's September 16, 2006 submittal included a minor 
change

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to 310 CMR 7.05(2), Use of Residual Fuel Oil or Hazardous Waste Fuel. 
The change consists of removing landfill gas from the requirements of 
the section, as applicability to that fuel source appears to have been 
unintentional, and several minor, technical wording changes.

c. Revisions to 310 CMR 7.18, Volatile and Halogenated Organic 
Compounds

    Massachusetts' September 14, 2006 submittal included changes to 
previously adopted portions of 310 CMR 7.18, Volatile and Halogenated 
Organic Compounds. The majority of the changes were minor and designed 
to improve the clarity of the regulation. A brief summary of the more 
substantive changes is provided below.
    Within 310 CMR 7.18(1), Applicability and Handling Requirements, 
the requirements for coating mixing tanks were strengthened by adding 
tank cover requirements.
    Within 310 CMR 7.18(2), Compliance with Emission Limits, a 
provision allowing daily-weighted averaging of coating limits was 
inserted to provide greater flexibility to operators. This compliance 
option is consistent with EPA's policy for coating regulations. See 
EPA's ``Model VOC Rules for RACT,'' dated June, 1992.
    Within 310 CMR 7.18(8), Solvent Metal Degreasing, an exemption was 
added for aqueous cleaners that meet specified criteria. This is a non-
significant amendment because the exemption applies to water-based 
cleaners.
    Within 310 CMR 7.18(11), Surface Coating of Miscellaneous Metal 
Parts and Products, revised wording was provided to clarify exemption 
eligibility requirements.
    Within 310 CMR 7.18(19), Synthetic Organic Chemical Manufacture, 
revised language was provided to clarify the submittal date for 
quarterly reporting.
    Within 310 CMR 7.18(20), Emission Control Plans for Implementation 
of RACT, revised language clarifies an exemption for certain facilities 
issued approvals pursuant to 310 CMR 7.02, Plan Approvals. A provision 
allowing for additional requirements, such as stack testing or 
emissions monitoring, that would be added to emission control plans was 
also incorporated into this section.
    Within 310 CMR 7.18, language that strengthens compliance 
obligations by adding federally-enforceable emission limits, was added 
to the following sections: of 310 CMR 7.18: (21), Surface Coating of 
Plastic Parts; (22), Leather Surface Coating; (23), Wood Products 
Surface Coating, (24), Flat wood Paneling Surface Coating; (25), Offset 
Lithographic Printing; and, (26), Textile Finishing.
    Section 7.18(27), Coating Mixing Tanks, within which several minor 
wording changes were made to improve the clarity of the regulation.
    Within 310 CMR 7.18(28), Automotive Refinishing, new emission 
limits were established for multi-colored topcoats. Additionally, new 
labeling and recordkeeping requirements were added, and exemptions for 
touch up coatings, stencil coatings, and coatings sold in non-
refillable aerosol containers were added to the automotive refinishing 
requirements. The exempted applications are reasonable and all pertain 
to very low volume applications.
    EPA's automotive refinishing regulation similarly exempts such 
coatings. See 40 CFR Part 59 Subpart B.

d. Revisions to 310 CMR 7.19, RACT for Sources of Oxides of Nitrogen

    As noted earlier in this notice, on July 11, 2001, the Commonwealth 
submitted proposed SIP revisions to EPA. This submittal was 
supplemented with additional materials sent to EPA on August 9, 2001 
and January 18, 2002. Included within these submittals was an addition 
to the list of sources exempt from NOX RACT. Specifically, 
an exemption from NOX RACT requirements was added for any 
source that obtained a plan approval under 310 CMR 7.02 establishing 
best available control technology (BACT) or lowest achievable emission 
rate (LAER) that is no less stringent than what would be required for 
RACT under 7.19. This amendment is consistent with the requirements of 
the Clean Air Act because it ensures a level of NOX control 
at least as stringent as that required by RACT. The Commonwealth's 
September 16, 2006 submittal contained further revisions to 7.19 which 
consisted of minor editorial changes.

e. Revisions to 310 CMR 7.24, Organic Material Storage and Distribution

    The Commonwealth's September 16, 2006 submittal contained a change 
to the tank inspection requirements located at 310 CMR 7.24(1)(d)(7). 
The change removed the requirement that the covers and seals of double 
seal system tanks be inspected once every five years. These inspections 
must now occur whenever the tank is emptied for non operational reasons 
or once every 10 years, whichever is sooner.\2\
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    \2\ Emptying of such tanks during inspections causes a release 
of VOCs, therefore minimizing the occurrence of such is beneficial. 
For example, the EPA document ``Gasoline Distribution Industry--
Stage 1--Background Information for Promulgated Standards'' 
(November, 1994), notes that emptying and refilling a 150 foot 
diameter tank will generate approximately 7 tons of VOC emissions.
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    Prior versions of 310 CMR 7.00, 7.05, 7.18, 7.19, and 7.24 have 
previously been approved by EPA into the Massachusetts SIP. See 40 CFR 
52.1120 and 52.1167. Today's amendments clarify and/or enhance the 
enforceability of the existing regulations and on balance would not 
result in any increases in VOC or NOX emissions. Therefore, 
the anti-backsliding requirements of section 110(l) of the Clean Air 
Act are met.
    EPA's review of this material indicates that the Commonwealth's 
requests are approvable and consistent with the requirements of the 
Clean Air Act, and we are therefore proposing approval of them. EPA is 
soliciting public comments on the issues discussed in this notice or on 
other relevant matters. These comments will be considered before taking 
final action. Interested parties may participate in the Federal 
rulemaking procedure by submitting written comments to the EPA New 
England Regional Office listed in the ADDRESSES section of this Federal 
Register.

III. Proposed Action

    As noted earlier in this notice, EPA is proposing to approve SIP 
revisions submitted by the Commonwealth of Massachusetts pertaining to 
the following sections of 310 CMR: 7.00, Definitions; 7.05, Fuels All 
Districts; 7.18, Volatile and Halogenated Organic Compounds; 7.19, RACT 
for Sources of Oxides of Nitrogen (NOX); and 7.24, Organic 
Material Storage and Distribution.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);

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     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: July 23, 2013.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2013-18532 Filed 7-31-13; 8:45 am]
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