[Federal Register Volume 79, Number 153 (Friday, August 8, 2014)]
[Proposed Rules]
[Pages 46384-46387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18832]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0243; A-1-FRL-9913-08-Region 1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve four State Implementation Plan (SIP) revisions submitted by the 
State of Maine. These revisions establish Reasonably Available Control 
Technology (RACT) for two categories of volatile organic compound (VOC) 
sources and revise two existing VOC RACT regulations previously 
approved into Maine's SIP. The intended effect of this action is to 
propose approval of the requirements of the four submittals into the 
Maine SIP. This action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before September 8, 
2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2014-0243 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-2014-0243,'' 
Anne Arnold, 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.
    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 a.m. to 4:30 p.m., excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2014-0243. 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 a.m. to 4:30 p.m., excluding 
legal holidays.
    In addition, copies of the state's submittals are also available 
for public inspection during normal business hours, by appointment at 
the State Air Agency: Bureau of Air Quality Control, Department of 
Environmental Protection, First Floor of the Tyson Building, Augusta 
Mental Health Institute Complex, Augusta, ME 04333-0017.

FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, New England 
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), 
Boston, MA 02109-3912, telephone (617) 918-1697, facsimile (617) 918-
0697, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

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    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. What is included in Maine's submittals?
III. What is EPA's evaluation of Maine's submittals?
    A. Chapter 159, Control of Volatile Organic Compounds From 
Adhesives and Sealants
    B. Chapter 154, Control of Volatile Organic Compounds From 
Flexible Package Printing
    C. Chapter 111, Petroleum Liquid Storage Vapor Controls
    D. Chapter 112, Bulk Terminal Petroleum Liquid Transfer 
Requirements
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background and Purpose

    In 1997, EPA revised the health-based National Ambient Air Quality 
Standard (NAAQS) for ozone, setting it at 0.08 parts per million (ppm) 
averaged over an 8-hour time frame.
    On April 20, 2004, pursuant to the Federal Clean Air Act (the Act, 
or CAA), 42 U.S.C. 7401 et seq., EPA designated portions of the country 
as being in nonattainment of the 1997 8-hour ozone NAAQS (69 FR 23858). 
In Maine two areas were designated as nonattainment for the 1997 ozone 
standard: The Portland, ME ozone nonattainment area, including 
Sagadahoc County and portions of York, Cumberland and Androscoggin 
Counties; and the Hancock, Knox, Lincoln and Waldo Cos. (Counties) ME 
ozone nonattainment area. The remainder of the State was designated as 
unclassifiable/attainment. The Portland, ME and Hancock, Knox, Lincoln 
and Waldo Cos., ME ozone nonattainment areas were subsequently 
redesignated to attainment effective January 10, 2007. See 71 FR 71489, 
December 11, 2006.
    On March 27, 2008 (73 FR 16436), EPA issued a new 0.075 ppm 8-hour 
ozone NAAQS. Effective July 20, 2012 (77 FR 30088), EPA designated 
areas with respect to the 2008 ozone NAAQS. The entire state of Maine 
was designated unclassifiable/attainment for the 2008 ozone NAAQS.
    Maine is part of the Ozone Transport Region (OTR) under Section 
184(a) of the CAA. Sections 182(b)(2) and 184 of the CAA compel states 
with moderate and above ozone nonattainment areas, as well as areas in 
the OTR, respectively, to, among other things, submit a SIP revision 
requiring the implementation of RACT for all sources of VOC covered by 
a Control Techniques Guideline (CTG) issued by EPA and for all major 
sources of VOC. A CTG is a document which establishes a ``presumptive 
norm'' for RACT for a specific VOC source category.

II. What is included in Maine's Submittals?

    On June 20, 2014 and October 26, 2011, the Maine Department of 
Environmental Protection (herein ``ME DEP'') submitted revisions to its 
SIP containing new regulations to address two of EPA's CTG categories, 
Chapter 159 Control of Volatile Organic Compounds from Adhesives and 
Sealants (herein ``Chapter 159'') and Chapter 154 Control of Volatile 
Organic Compounds from Flexible Package Printing (herein ``Chapter 
154''), respectively.
    In addition, on October 13, 1999, ME DEP submitted revised Chapter 
111 Petroleum Liquid Storage Vapor Controls (herein ``Chapter 111'') 
and on February 26, 1998, revised Chapter 112 Bulk Terminal Petroleum 
Liquid Transfer Requirements (herein ``Chapter 112''). Earlier versions 
of Chapters 111 and 112 had been previously approved by EPA into 
Maine's SIP.

III. What is EPA's evaluation of Maine's submittals?

A. Chapter 159, Control of Volatile Organic Compounds From Adhesives 
and Sealants

    Maine's Chapter 159 applies to the sale, use, and manufacturing for 
use in Maine of adhesives, sealants, adhesive primer, and sealant 
primer used in product manufacturing, packaging, construction, and 
installation of metal, wood, rubber, plastic, ceramic, or fiberglass 
materials. However, adhesives, sealant applications, and products used 
for the following operations are exempt from the Chapter 159: tire 
repair; repair and manufacturing of undersea-based weapon systems; 
testing and evaluation associated with research and development; 
solvent welding operations for medical devices; plaque laminating 
operations; products or processes subject to other state rules; and 
low-VOC products (less than 20 grams/liter).
    Pursuant to Chapter 159, on or after January 1, 2011, all 
applicable sources are required to either limit VOC emissions through 
the use of adhesives, sealants, and adhesive and sealant primers which 
meet specified VOC limits or the use of add-on control equipment with 
an overall control efficiency of 85%, with the exception of roofing 
adhesives and sealants which have a compliance date of on or after 
January 1, 2016. The regulation specifies VOC limits for aerosol 
adhesives, clean-up solvents, and surface preparation solvents. In 
addition, the new regulation specifies applications methods, as well as 
work practices for waste and cleaning materials, to further limit VOC 
emissions for industrial adhesive activities.
    Maine's Chapter 159 is generally consistent with the 
recommendations for RACT found in EPA's CTG for Miscellaneous 
Industrial Adhesives (EPA-453/R-08-005, September 2008) and a model 
rule developed by the Ozone Transport Commission (OTC) in 2007. The 
exemptions contained in Chapter 159 described above are consistent with 
those recommended in the CTG. Although there may be minor differences 
in the terminology used to describe certain adhesive categories 
regulated in the CTG and Chapter 159, EPA is proposing to find that 
those differences are inconsequential due to the Maine rule's broader 
applicability. Maine's Chapter 159 is more comprehensive than the CTG 
in that it establishes VOC content limits for sealants and sealant 
primers (in addition to adhesives as covered by the CTG), regulates 
sellers and manufactures, not just appliers, of regulated adhesives, 
adhesive primers and sealants, and contains a VOC composite vapor 
pressure limit for cleaning materials. Therefore, EPA is proposing to 
approve Chapter 159 and to find that the rule satisfies RACT 
requirements for this source category.

B. Chapter 154, Control of Volatile Organic Compounds From Flexible 
Package Printing

    Maine's Chapter 154 applies to any flexible package printing press 
that has the potential to emit from a dryer, prior to controls, at 
least 25 tons per year of VOC from the use of inks, coatings and 
adhesives combined. On and after January 1, 2011, flexible package 
printing sources subject to the rule are required to limit VOC 
emissions by one or more of the following techniques: use of low VOC 
content materials; averaging of the VOC content materials to meet low-
VOC content standards; or operating add-on VOC pollution control. The 
rule also contains recordkeeping, testing, and reporting requirements, 
as well as work practices for handling VOC-containing materials. 
Facilities with flexible package printing presses with a potential to 
emit of less than 25 tons per year of VOC from the use of inks, 
coatings and adhesives combined are only required to comply with the 
rule's recordkeeping and work practice requirements. Facilities with 
flexible package printing presses with a potential to emit of less than 
25 tons per

[[Page 46386]]

year of VOC from the use of inks, coatings and adhesives combined and 
which are used solely for quality control/quality assurance and for 
research and development purposes, are required only to meet the rule's 
recordkeeping requirements.
    Maine's Chapter 154 Flexible Package Printing rule is consistent 
with recommendations for RACT found in EPA's CTG for Flexible Package 
Printing (EPA-453/R-06-003, September 2006). Therefore, EPA is 
proposing to approve Chapter 154 and to find that Chapter 154 satisfies 
RACT requirements for this source category.

C. Chapter 111, Petroleum Liquid Storage Vapor Controls

    Maine's Chapter 111 was originally approved into the Maine SIP on 
February 19, 1980 (see 45 FR 10766) and a revised version of the rule 
was approved by EPA on February 3, 1992 (see 57 FR 3946) as meeting 
RACT requirements.\1\ Maine's October 13, 1999 submittal containing 
revised Chapter 111 decreases the petroleum storage vessel complete 
inspection (of cover and seal) frequency requirement from annually to 
once every ten years and each time the vessel is emptied and degassed, 
thereby reducing the overall VOC emissions from this activity.\2\ The 
revised inspection schedule is consistent with the following EPA 
guidance document: ``Model Volatile Organic Compound Rules for 
Reasonably Available Control Technology,'' Staff Working Draft, June 
1992. The revised rule was also amended to prohibit the emptying and 
degassing of petroleum storage vessels, for the purpose of performing a 
complete inspection, on days for which ME DEP has issued an ozone 
health advisory between June 1 and August 31 each year beginning 
January 1, 2004. In addition, the revised rule increases the schedule 
for ``routine inspections'' conducted through roof hatches from once 
every six months to once every month.
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    \1\ EPA's February 3, 1992 rulemaking found that Maine's revised 
Chapters 111 and 112 met the VOC RACT ``fix-up'' requirements of the 
Clean Air Act Amendments of 1990 (Section 182(a)(2)(A)).
    \2\ The emptying of such tanks during inspections causes a 
release of VOCs. Therefore, minimizing the occurrence of such 
inspections reduces VOC emissions. 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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    CAA section 110(l) provides that EPA shall not approve any 
implementation plan revision if it would interfere with any applicable 
requirement concerning attainment and reasonable progress, or any other 
applicable requirement of the CAA, i.e. the SIP submittal must 
demonstrate anti-backsliding. The revision to Chapter 111 reduces the 
VOC emissions from petroleum storage vessels. Therefore, the anti-
backsliding requirements of section 110(l) have been met. For all of 
the reasons discussed above, EPA is proposing to approve Maine's 
revised Chapter 111 Petroleum Liquid Storage Vapor Controls.

D. Chapter 112, Bulk Terminal Petroleum Liquid Transfer Requirements

    Maine's Chapter 112 was originally approved into the Maine SIP on 
February 19, 1980 (see 45 FR 10766) and several updates to the rule 
have also been subsequently approved by EPA. In particular, a revised 
version of the rule was approved by EPA on February 3, 1992 (see 57 FR 
3946) as meeting RACT requirements. The most recent approval of Chapter 
112 occurred on October 15, 1996 (see 61 FR 53635). As noted in that 
approval, Maine's Chapter 112 is generally consistent with 40 CFR Part 
60 Subpart XX and the following CTG: ``Control of Hydrocarbons from 
Tank Truck Gasoline Loading Terminals'' (EPA-450/2-77-026). Maine's 
February 26, 1998 submittal, containing revised Chapter 112, includes a 
new, more stringent requirement for the following major sources of 
hazardous air pollutants (HAPs): (1) All existing and new bulk 
terminals and pipeline breakout stations that emit 10 tons/year or more 
of a HAP or 25 tons/year or more of a combination of HAPs; and (2) all 
existing and new bulk terminals and pipeline breakout stations that are 
located at plant sites that emit 10 tons/year or more of a HAP or 25 
tons/year or more of a combination of HAPs. Emissions from a vapor 
collection and processing system (due to loading of gasoline cargo 
tanks) for major sources of HAPs are, under the revised rule, limited 
to 10 milligrams of total organic compound per liter of gasoline 
loaded, a reduction from the rule's previous limit of 35 milligrams of 
total organic compound per liter of gasoline loaded. The emission limit 
for sources that are not major sources of HAPs remains at 35 milligrams 
of total organic compound per liter of gasoline loaded. The revised 
rule also incorporates by reference the following federal maximum 
available control technologies (MACT) standards: ``National Emission 
Standards for Hazardous Air Pollutants for Source Categories: Gasoline 
Distribution (Stage I)'' at 40 CFR Part 63, Subpart R; and ``National 
Emission Standards for Hazardous Air Pollutants Marine Tank Vessel 
Loading Operations'' at 40 CFR Part 63, Subpart Y.
    Maine's revised Chapter 112 includes a more stringent VOC limit 
than the previous SIP-approved version of the rule (i.e. 10 versus 35 
milligrams, respectively, for major sources of HAPs). Therefore, CAA 
section 110(l)'s anti-backsliding requirement has been met. For all of 
the reasons above, EPA is proposing to approve Maine's revised Chapter 
112.

IV. Proposed Action

    EPA is proposing to approve and incorporate into the Maine SIP, 
Chapter 159, Control of Volatile Organic Compounds from Adhesives and 
Sealants, and Chapter 154, Control of Volatile Organic Compounds from 
Flexible Package Printing, as meeting RACT for the miscellaneous 
industrial adhesives and flexible package printing CTG categories, 
respectively. In addition, EPA is proposing to approve and incorporate 
into the Maine SIP revised Chapter 111, Petroleum Liquid Storage Vapor 
Controls, and revised Chapter 112, Bulk Terminal Petroleum Liquid 
Transfer Requirements, both of which are consistent with CAA 
requirements and with EPA guidance for reducing VOC emissions from 
petroleum liquid storage facilities and from bulk terminal petroleum 
liquid transfer operations, respectively.

V. 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);
     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.);

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     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, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: July 29, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2014-18832 Filed 8-7-14; 8:45 am]
BILLING CODE 6560-50-P