[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Rules and Regulations]
[Pages 65587-65589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26174]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2014-0243; A-1-FRL-9918-00-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; Volatile Organic Compound Regulations
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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
approve these requirements into the Maine SIP. This action is being
taken under the Clean Air Act (CAA).
DATES: This rule is effective on December 5, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2014-0243. All documents in the docket
are listed on the www.regulations.gov Web site. 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 through
www.regulations.gov or in hard copy at the 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.
Copies of the documents relevant to this action are also available
for public
[[Page 65588]]
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.
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.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
On August 8, 2014 (79 FR 46384), EPA published a Notice of Proposed
Rulemaking (NPR) for the State of Maine. In that action, EPA proposed
approval of Maine's Chapter 159, Control of Volatile Organic Compounds
from Adhesives and Sealants, and Chapter 154, Control of Volatile
Organic Compounds from Flexible Package Printing, submitted to EPA as a
SIP revision on June 20, 2014 and October 26, 2011, respectively. These
regulations address RACT for the named VOC source categories consistent
with the relevant Control Technique Guidelines (CTGs) issued by EPA.\1\
In addition, EPA proposed approval of revisions to Maine's revised
Chapter 111, Petroleum Liquid Storage Vapor Controls, and Chapter 112,
Bulk Terminal Petroleum Liquid Transfer Requirements which further
reduce VOC emissions from petroleum liquid storage tanks and bulk
terminals, respectively. Maine's revised Chapters 111 and 112 were
submitted to EPA as a SIP revision on October 13, 1999, and February
26, 1998, respectively.
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\1\ EPA's CTGs are posted at http://www.epa.gov/aiqulaity/ozonepollution/SIPToolkit/ctgs.html.
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A detailed discussion of Maine's VOC SIP revisions and EPA's
rationale for proposing approval of these SIP revisions was provided in
the NPR and will not be restated here. No public comments were received
on the NPR.
II. Final Action
EPA is approving, and incorporating into the Maine SIP, Maine's
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 approving, and incorporating into the
Maine SIP, Maine's 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 terminals,
respectively.
III. 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 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 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.);
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.
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 action 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 January 5, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
[[Page 65589]]
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 27, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. In Sec. 52.1020, the table in paragraph (c) entitled ``EPA-Approved
Maine Regulations'' is amended by revising entries for Chapters 111 and
112 and adding entries in numerical order for Chapters 154 and 159 to
read as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved Maine Regulations
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State EPA approval date
State citation Title/subject effective date and citation \1\ Explanations
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* * * * * * *
Chapter 111.................... Petroleum Liquid 9/29/1999 11/5/2014 [Insert
Storage Vapor Federal Register
Control. citation].
Chapter 112.................... Bulk Terminal 2/22/1998 11/5/2014 [Insert
Petroleum Liquid Federal Register
Transfer citation].
Requirements.
* * * * * * *
Chapter 154.................... Control of Volatile 7/20/2010 11/5/2014 [Insert
Organic Compounds Federal Register
from Flexible citation].
Package Printing.
* * * * * * *
Chapter 159.................... Control of Volatile 6/2/2014 11/5/2014 [Insert
Organic Compounds Federal Register
from Adhesives and citation].
Sealants.
* * * * * * *
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\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
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[FR Doc. 2014-26174 Filed 11-4-14; 8:45 am]
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