[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Proposed Rules]
[Pages 46581-46585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15807]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0220; FRL-9999-38-Region 1]


Air Plan Approval; Massachusetts; Reasonably Available Control 
Technology for the 2008 and 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of a State Implementation Plan (SIP) revision submitted by the 
Commonwealth of Massachusetts. The SIP revision consists of a 
demonstration that Massachusetts meets the requirements of reasonably 
available control technology (RACT) for the two precursors for ground-
level ozone, oxides of nitrogen (NOX) and volatile organic 
compounds (VOCs), set forth by the Clean Air Act (CAA or Act) with 
respect to the 2008 and 2015 ozone National Ambient Air Quality 
Standards (NAAQSs). Additionally, we are proposing approval of specific 
regulations that implement the RACT requirements by limiting air 
emissions of NOX and VOC pollutants from sources within the 
Commonwealth. This action is being taken in accordance with the Clean 
Air Act.

DATES: Written comments must be received on or before September 2, 
2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2019-0220 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www.epa.gov/dockets/commenting-epa-dockets. Publicly 
available docket materials are available at https://www.regulations.gov 
or at the U.S. Environmental Protection Agency, EPA Region 1 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 and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality 
Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post 
Office Square--Suite 100, (Mail Code 05-2), Boston, MA 02109-3912, tel. 
617-918-1584, email [email protected].

Table of Contents

I. Background
II. Summary of Massachusetts' SIP Revisions
III. EPA's Evaluation of the Submittals
    A. NOX RACT for Major Sources
    B. Non-CTG VOC RACT for Major Sources
    C. CTG VOC RACT
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

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

I. Background

    Massachusetts is part of the Ozone Transport Region (OTR) under 
Section

[[Page 46582]]

184(a) of the CAA. Sections 182(b)(2) and 184 of the CAA require states 
with ozone nonattainment areas that are classified as moderate or 
above, as well as areas in the OTR, to submit a SIP revision requiring 
the implementation of RACT for sources covered by a control techniques 
guideline (CTG) and for all major sources. A CTG is a document issued 
by EPA which establishes a ``presumptive norm'' for RACT for a specific 
VOC source category. RACT is defined as the lowest emission limitation 
that a particular source is capable of meeting by the application of 
control technology that is reasonably available considering 
technological and economic feasibility.\1\ The CTGs usually identify a 
particular control level which EPA recommends as being RACT. States are 
required to address RACT for the source categories covered by CTGs 
through adoption of rules as part of the SIP.
---------------------------------------------------------------------------

    \1\ See Memorandum from Roger Strelow, Assistant Administrator 
for Air and Waste Management, U.S. EPA, to Regional Administrators, 
U.S. EPA, ``Guidance for Determining Acceptability of SIP 
Regulations in Non-Attainment Areas'' (Dec. 9, 1976); see also 44 FR 
53761, 53762 (September 17, 1979).
---------------------------------------------------------------------------

    On October 5, 2006 (71 FR 58745), EPA issued four new CTGs: 
Industrial Cleaning Solvents; Offset Lithographic Printing and 
Letterpress Printing; Flexible Package Printing; and Flat Wood Paneling 
Coatings, and applicable areas were required to address them by October 
5, 2007. On October 9, 2007 (72 FR 57215), EPA issued three more CTGs: 
Paper, Film, and Foil Coatings; Large Appliance Coatings; and Metal 
Furniture Coatings, and applicable areas were required to address them 
by October 9, 2008. On October 7, 2008 (73 FR 58841), EPA issued an 
additional four CTGs: Miscellaneous Metal and Plastic Parts Coatings; 
Fiberglass Boat Manufacturing Materials; Miscellaneous Industrial 
Adhesives; and Automobile and Light-Duty Truck Assembly Coatings, and 
applicable areas were required to address them by October 7, 2009. 
Lastly, on Oct 27, 2016 (81 FR 74798), EPA issued a new CTG for the Oil 
and Natural Gas Industry, and applicable areas were required to address 
it by October 27, 2018.
    On March 27, 2008 (73 FR 16436), EPA revised the health-based NAAQS 
for ozone to 0.075 parts per million (ppm), averaged over an 8-hour 
timeframe. EPA determined that the revised 8-hour standard would be 
more protective of human health, especially with regard to children and 
adults who are active outdoors and individuals with a pre-existing 
respiratory disease such as asthma.
    On March 6, 2015 (80 FR 12264), EPA published a final rule 
outlining the obligations for areas in nonattainment with the 2008 
ozone standard, as well as obligations for areas in the OTR. This rule, 
referred to as the ``2008 Ozone Implementation Rule,'' contains a 
description of EPA's expectations for states with RACT obligations, and 
required states in the OTR to certify RACT requirements by July 20, 
2014. The 2008 Ozone Implementation Rule gives states several options 
for meeting RACT requirements for the 2008 ozone standard. States may 
(1) establish new or more stringent rules that meet RACT control levels 
for the 2008 standard; (2) certify, where appropriate, that previously 
adopted RACT rules approved by EPA under a prior ozone standard 
represent adequate RACT control levels for the 2008 ozone NAAQS; or (3) 
submit a negative declaration in instances where there are no sources 
in the state covered by a specific CTG source category. States may use 
these options alone or in combination to demonstrate compliance with 
RACT requirements.
    On October 26, 2015 (80 FR 65291), EPA revised the health-based 
NAAQS for ozone, setting it at 0.070 ppm averaged over an 8-hour time 
frame. On December 6, 2018 (83 FR 62998), EPA published a final rule 
that outlines the obligations for areas in nonattainment with the 2015 
ozone standard, as well as obligations for areas in the OTR. This rule, 
referred to as the ``2015 Ozone Implementation Rule,'' requires states 
in the OTR to certify RACT requirements by August 3, 2020.
    On February 3, 2017 (82 FR 9158), EPA published a final rule 
finding that Massachusetts, as well as 14 other states and the District 
of Columbia, had failed to submit SIP revisions in a timely manner to 
satisfy certain requirements for the 2008 ozone NAAQS. With respect to 
Massachusetts, EPA found that the Commonwealth had failed to submit 
three required SIP elements: NOX RACT for Major Sources; 
Non-CTG VOC RACT for Major Sources; and CTG VOC RACT. Id. at 9162. This 
finding became effective March 6, 2017, and started a SIP sanctions 
clock, which required the missing SIP elements to be submitted and 
deemed complete before September 6, 2018. Id. at 9160-61.
    On May 18, 2020, EPA proposed to approve a State Implementation 
Plan (SIP) revision submitted by the Commonwealth of Massachusetts (see 
85 FR 29678). The revision provides Massachusetts' determination, via a 
negative declaration, that there are no facilities within its borders 
subject to EPA's 2016 Control Technique Guideline (CTG) for the oil and 
gas industry. The comment period for this action closed on June 17, 
2020. EPA's separate approval action on the Massachusetts negative 
declaration for the Oil and Natural Gas Industry, can also be found 
under Docket ID No. EPA-R01-OAR-2019-0220 at https://www.regulations.gov.

II. Summary of SIP Revisions

    On October 18, 2018, Massachusetts submitted a SIP revision to 
address its RACT requirements set forth by the CAA for the 2008 and 
2015 8-hour ozone NAAQSs (i.e., RACT Certifications). On October 19, 
2018, EPA determined Massachusetts' SIP submittal was administratively 
and technically complete for the 2008 ozone NAAQS. This completeness 
determination ended the offset sanctions identified in Clean Air Act 
Section 179(b)(2), which began on September 6, 2018, as described in 
the Findings of Failure to Submit SIP Submittals for the 2008 ozone 
NAAQS (82 FR 9158, February 3, 2017).
    The Massachusetts RACT Certification submittal is based on (1) 
newly required RACT controls, for both major sources of NOX 
and VOCs as well as for sources subject to CTGs, that have been 
implemented in Massachusetts, and will be part of the Massachusetts SIP 
upon final approval of this EPA action; (2) previously EPA-approved 
RACT controls which are not being revised in this action, including 
regulations and source-specific requirements, that represent RACT 
control levels under the 2008 and 2015 ozone NAAQSs; and (3) the fact 
that Massachusetts has no sources subject to RACT for several source 
categories, for which negative declarations are described in Section 
III.
    Specifically, the Massachusetts October 2018 RACT SIP revision 
contains a certification that Massachusetts has met all RACT 
requirements for the 2008 and 2015 8-hour ozone NAAQSs and updates the 
SIP with the following changes to Title 310 Code of Massachusetts 
Regulations (CMR): revised section 7.00, Definitions; revised section 
7.08(2), Municipal Waste Combustors; revised section 7.18, VOC RACT 
subsections (3) Metal Furniture Surface Coating, (5) Large Appliance 
Surface Coating, (11) Surface Coating of Miscellaneous Metal Parts and 
Products, (12) Packaging Rotogravure and Packaging Flexographic 
Printing, (14) Paper, Film and Foil Surface Coating, (21) Surface 
Coating of Plastic Parts, (24) Flat Wood Paneling Surface Coating, (25) 
Offset Lithographic Printing Letterpress

[[Page 46583]]

Printing; withdrawal of section 7.18(7), Automobile Surface Coating; 
adding 7.18, VOC RACT subsections (31) Industrial Cleaning Solvents and 
(32) Fiberglass Boat Manufacturing; and revised section 7.19, 
NOX RACT subsections (2) General Provisions, (4) Large 
Boilers, (5) Medium-size Boilers, (6) Small Boilers, (7) Stationary 
Combustion Turbines, (8) Stationary Reciprocating Internal Combustion 
Engines, and (9) Municipal Waste Combustor Units.
    On May 28, 2020, Massachusetts submitted a ``RACT SIP Revision'' to 
withdraw portions of the Massachusetts October 2018 RACT SIP revision 
and replace these portions with more recently adopted versions of the 
regulations. EPA determined Massachusetts' May 28, 2020 RACT SIP 
revision was administratively and technically complete on June 2, 2020. 
Massachusetts' May 28, 2020, RACT SIP revision adds an exemption for 
aerospace operations to subsection (31) Industrial Cleaning Solvents 
since aerospace cleaning operations are already subject to VOC controls 
in subsection (11) Surface Coating of Miscellaneous Metal Parts and 
Products. Aerospace coating operation requirements in subsection (11) 
Surface Coating of Miscellaneous Metal Parts and Products were also 
revised to be consistent with the coating limits last approved as RACT 
by EPA on October 9, 2013 (78 FR 54960), which are also consistent with 
the EPA Aerospace CTG issued June 6, 1994 (59 FR 29216). The May 28, 
2020, RACT SIP revision also contains a number of miscellaneous changes 
and technical corrections, including an exemption for ``quality 
assurance/quality control cleaning activities in manufacturing 
processes'' in subsection (31) Industrial Cleaning Solvents, 
clarifications to provisions for alternative VOC emissions standards 
for surface coatings, and a revised definition of Paper, Film, and Foil 
Coating to better align with the EPA CTG. Massachusetts' May 28, 2020 
RACT SIP revision also reaffirms that the requirements in the 
regulations as amended continue to constitute RACT in accordance with 
EPA guidance.

III. EPA's Evaluation of the Submittals

A. NOX RACT for Major Sources

    Massachusetts revised 310 CMR 7.19, Reasonably Available Control 
Technology (RACT) for Sources of Oxides of Nitrogen (NOX), 
to contain more stringent emission standards for large boilers, 
stationary combustion turbines, and stationary reciprocating internal 
combustion engines. Massachusetts evaluated other states' recent RACT 
regulations and analyzed emissions and operational profiles of 
combustion units at major source facilities in Massachusetts to 
determine RACT requirements for these categories. As part of its 
review, Massachusetts concluded that it was not reasonable for large 
boilers, turbines, and engines that operate infrequently to meet the 
more stringent emission limits. Therefore, the revised regulation 
exempts from the new emission standards large boilers and turbines with 
a three-year-average capacity factor less than ten percent. MassDEP's 
regulations already allow owners of engines that operate less than 
1,000 hours in any 12-month period to make a specific combustion 
control adjustment to reduce NOX rather than meet numerical 
emissions limits; this provision remains in the new RACT regulations.
    Massachusetts also revised 310 CMR 7.08(2) and 7.19(9) to contain 
lower NOX RACT emissions limits for large and small 
municipal waste combustors (MWCs), respectively. Under 310 CMR 7.08(2), 
the emissions standards for mass-burn waterwall and refuse-derived-fuel 
(RDF) stoker units is reduced from 205 and 250 parts per million (ppm) 
NOX to 150 and 146 ppm, respectively. These facilities use a 
combination of selective non-catalytic reduction (SNCR) as well as 
combustion air staging to minimize NOX emissions and ammonia 
slip. The revised emissions limits are consistent with the most 
stringent RACT regulations in nearby states. For small MWC units under 
310 CMR 7.19(9), Massachusetts revised the emission limit to 167 ppm, 
which is a reasonable limit of NOX emissions based on the 
inherent NOX emissions performance and control technology 
limitations of refractory-wall modular mass-burn small MWC units.
    These NOX RACT revisions reduce NOX emissions 
by lowering the maximum NOX content of most sources compared 
to Massachusetts' previously-approved regulation. Therefore, the 
revised rule is expected to achieve equivalent or greater emissions 
reductions. Thus, revising the SIP to incorporate the revised rule will 
not interfere with any applicable requirement concerning attainment and 
reasonable further progress or any other applicable requirement of the 
Act. See CAA Sec.  110(l).
    Three source-specific requirements were previously approved into 
the Massachusetts SIP for NOx RACT. One of these facilities, Solutia, 
formerly Monsanto, 55 FR 5986 (2/21/1990), repowered its coal-fired 
boiler to natural gas-only fuel, which is subject to the newer control 
standards that are no less stringent than RACT. The remaining two 
facilities with EPA approved source-specific requirements are 
Oldcastle, formerly Medusa, 64 FR 48095 (9/2/1999) and Specialty 
Minerals 64 FR 48095 (9/2/1999). These two facilities continue to 
operate the same emissions units and EPA approved RACT controls.
    After reviewing existing EPA-approved source-specific 
NOX control requirements, revised regulations controlling 
NOX sources, and the existing SIP approved regulations 
described in 40 CFR part 52.1120(c) EPA-approved regulations, the EPA 
agrees with Massachusetts' determination that requirements for major 
sources of NOx meet, or are more stringent than, RACT requirements. 
Herein, EPA proposes that the above controls represent RACT for these 
NOX sources in Massachusetts for the 2008 and 2015 ozone 
standards.

B. Non-CTG VOC RACT for Major Sources

    Massachusetts has eight major VOC emitting facilities subject to 
source-specific control requirements that were previously approved by 
EPA. One of these faculties, Duro Textile Printers, closed permanently 
in 2017. The remaining seven facilities with EPA approved source-
specific requirements are: (1) Alliance Leather, formerly Barnet 
Corporation, 67 FR 62179 (10/4/2002); (2) Brittany Dyeing and Finishing 
60 FR 12123 (3/6/1995); (3) Callaway, formerly Spalding Corporation, 54 
FR 46894 (11/8/1989); (4) Erving Paper Mills 55 FR 5447 (2/15/1990); 
(5) Gillette 67 FR 62179 (10/4/2002); (6) Solutia, formerly Monsanto 
Chemical, 67 FR 62179 (10/4/2002); and (7) St. Gobain Abrasives, Inc., 
formerly Norton, 67 FR 62179 (10/4/2002). These sources continue to 
operate in the same manufacturing sectors and while some of these 
facilities have experienced physical and operational changes including 
new and reconfigured processes subject to Best Available Control 
Technology (BACT) as part of state minor New Source Review (NSR) 
permitting, the level of VOC control continues to be no less stringent 
than RACT.
    After reviewing existing stationary VOC sources in Massachusetts, 
the EPA agrees with Massachusetts' determination that the requirements 
for major sources of VOC meet RACT requirements. EPA proposes that the 
seven operating facilities with source-specific requirements continue 
to represent RACT for major VOC sources in Massachusetts for the 2008 
and 2015

[[Page 46584]]

ozone standards because no new control technologies are known to be 
reasonably available considering technological and economic feasibility 
for these sources since our last approval.

C. CTG VOC RACT

    The revisions to 310 CMR 7.18, subsections (3) Metal Furniture 
Surface Coating, (5) Large Appliance Surface Coating, (11) Surface 
Coating of Miscellaneous Metal Parts and Products, and (21) Surface 
Coating of Plastic Parts contain updated work practices, coating 
application methods, and recordkeeping requirements for applicable 
facilities. The rules specifically list multiple types of approved 
coating applications methods; however, other coating application 
methods capable of achieving a transfer efficiency equivalent to, or 
better than, that provided by high-volume low-pressure (HVLP) spray 
application may also be used if approved by EPA. Control options permit 
equivalent emissions limits expressed in terms of mass of VOC per 
volume of solids as applied or the use of add-on controls. The coating 
limits in the revised regulations generally follow the recommendations 
in EPA's CTGs, with three notable category exceptions for metal parts 
coatings: Extreme high gloss topcoat; other substrate antifoulant 
coating; and antifouling sealer/tie. For these three categories, 
Massachusetts reviewed industry data and determined that for purposes 
of functionality, cost, and VOC emissions, the higher limits adopted 
for these three coating categories constitute RACT. Massachusetts' 
approach is consistent with the EPA guidance memorandum entitled 
``Control Technique Guidelines for Miscellaneous Metal and Plastic Part 
Coatings--Industry Request for Reconsideration'' from Stephen Page to 
Air Branch Chiefs, Regions I-X, dated June 1, 2010. Massachusetts' new 
VOC coating limits are also lower than most of the previously SIP-
approved limits. Although some specialty coatings limits are higher 
than previous limits, since the general use coating limit is lower and 
these coatings are more frequently used, coupled with the fact that the 
revised rule's applicability is broader, the revised rule reduces VOC 
emissions and will not interfere with any applicable requirement 
concerning attainment and reasonable further progress or any other 
applicable requirement of the Act. See CAA Sec.  110(l). This analysis 
is also consistent with the March 17, 2011, EPA guidance memorandum 
entitled ``Approving SIP Revisions Addressing VOC RACT Requirements for 
Certain Coating Categories.''
    The revisions to 310 CMR 7.18, subsections (12) Packaging 
Rotogravure and Packaging Flexographic Printing, (14) Paper, Film and 
Foil Surface Coating, and (25) Offset Lithographic Printing and 
Letterpress Printing are consist with the recommendations in EPA's 
CTGs. The revisions reduce VOC emissions by lowering applicability 
thresholds compared to Massachusetts' previously-approved regulation. 
The applicability thresholds for the work practices are revised to be 
the greater of 15 pounds of VOC per day or 3 tons per rolling 12-month 
period before application of control equipment. The applicability 
thresholds for the emission limits are now 25 tons of VOC per rolling 
12-month period per printing line before application of control 
equipment. Therefore, the revised rules are expected to achieve 
equivalent or greater emissions reductions. Thus, revising the SIP to 
incorporate the revised rule will not interfere with any applicable 
requirement concerning attainment and reasonable further progress or 
any other applicable requirement of the Act. See CAA Sec.  110(l).
    The revisions to 310 CMR 7.18, subsection (24) Flat Wood Paneling 
Surface Coating are generally consistent with EPA's CTG for Flat Wood 
Paneling Coatings (EPA-453/R-06-004, September 2006). The applicability 
threshold of the greater of 15 pounds of VOC per day or 3 tons per 
rolling 12-month period before application of control equipment was 
revised to also consider associated cleaning operations. Applicable 
sources are required to limit VOC emissions by adding on a pollution 
control device with 90% efficiency or by limiting VOC content in 
coatings to 2.1 lbs of VOC per gallon of coating. The rule also 
requires record keeping and work practices for handling VOC-containing 
coatings, thinners, cleaning materials, and coatings-related waste 
materials. The revised rule reduces VOC emissions by lowering the 
maximum VOC content of most coatings, compared to Massachusetts' 
previously-approved regulation. Therefore, the revised rule is expected 
to achieve equivalent or greater emissions reductions. Thus, revising 
the SIP to incorporate the revised rule will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress or any other applicable requirement of the Act. See CAA Sec.  
110(l).
    The addition of 310 CMR 7.18, subsection (31) Industrial Cleaning 
Solvents creates a new regulation, which generally applies to any 
facility with emissions from industrial cleaning solvents greater than 
15 pounds of VOC per day or 3 tons per rolling 12-month period, before 
application of control equipment. The regulation contains work 
practices and three options for compliance with the VOC content of the 
industrial cleaning solvent: (1) Use of materials which meet the 
specific VOC content limitations in Table 310 CMR 7.18(31)(d)1; or (2) 
use of industrial cleaning solvents that have a VOC composite partial 
pressure equal to or less than eight mm Hg at 20 [deg]C (68 [deg]F); or 
(3) achievement of an overall VOC capture control efficiency of at 
least 85% by weight using add-on air pollution capture and control 
equipment.
    The addition of 310 CMR 7.18, subsection (32) Fiberglass Boat 
Manufacturing creates a new regulation, which applies to any fiberglass 
boat manufacturing facility with emissions from manufacturing and 
cleaning operations greater than 15 pounds of VOC per day or 3 tons per 
rolling 12-month period, before the application of control equipment. 
The regulation includes work practices and four options for compliance 
with the monomer (the basic building block of fiberglass resins) VOC 
content limitations for open molding resins and gel coats, as follows: 
(1) Use materials which meet the specific VOC content limitations in 
Table 310 CMR 7.18(32)(E)1; (2) emissions of no more than a calculated 
weighted-average monomer VOC content for a specific category and 
application method; (3) emissions of no more than a calculated 
facility-wide emissions average VOC emissions cap; or (4) use of add-on 
air pollution capture and control equipment to emit no more than a 
numerical monomer VOC emission limitation that is determined for each 
facility.
    Massachusetts has determined that there are no applicable 
stationary sources of VOC in Massachusetts for ten CTG categories: (1) 
Refinery Vacuum Producing Systems, Wastewater Separators, and Process 
Unit Turnarounds; (2) Leaks from Petroleum Refinery Equipment; (3) 
Manufacture of Synthesized Pharmaceutical Products; (4) Manufacture of 
Pneumatic Rubber Tires; (5) Large Petroleum Dry Cleaners; (6) 
Manufacture of High-Density Polyethylene, Polypropylene, and 
Polystyrene Resins; (7) Equipment Leaks from Natural Gas/Gasoline 
Processing Plants; (8) Air Oxidation Processes; (9) Surface Coating of 
Automobiles and Light-Duty Trucks; and (10) Oil and Natural Gas 
Industry. These negative

[[Page 46585]]

declarations mean that Massachusetts has no applicable stationary 
sources of VOC that are covered by these CTGs.
    Since Massachusetts is making a negative declaration with respect 
to the Automobiles and Light-Duty Truck Assembly Coatings CTG, they 
have requested 310 CRM 7.18, subsection (7) be withdrawn from the 
Massachusetts SIP. Since Massachusetts has certified there are no 
applicable sources, and new sources would be subject to minor new 
source review permitting, the withdrawal of the rule will have no 
effect on VOC emissions compared to currently-approved regulations. 
Thus, revising the SIP to withdraw the rule will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress or any other applicable requirement of the Act. See CAA Sec.  
110(l).
    EPA has evaluated Massachusetts' CTG VOC regulations, which the 
Commonwealth certifies as meeting RACT for the 2008 and 2015 ozone 
standards, and EPA finds that the regulations are sufficiently 
consistent with recommendations in the respective EPA CTGs and are 
based on currently available technologically and economically feasible 
controls. Therefore, EPA proposes that the regulations being added and 
revised in this action, along with the past approved VOC CTG 
regulations, represent RACT in Massachusetts for the 2008 and 2015 
ozone standards.

IV. Proposed Action

    EPA is proposing to approve Massachusetts' SIP revision as meeting 
the Commonwealth's RACT obligations for the 2008 and 2015 8-hour ozone 
NAAQSs as set forth in sections 182(b) and 184(b)(2) of the CAA, and to 
add ``Massachusetts Reasonably Available Control Technology State 
Implementation Plan Revision for the 2008 and 2015 Ozone National 
Ambient Air Quality Standards'' dated October 18, 2018, and ``RACT SIP 
Revision'' dated May 28, 2020 to the Massachusetts SIP, which includes 
ten negative declarations for CTG source categories. EPA is proposing 
to approve 310 CMR changes to the Massachusetts SIP, as follows: 
revised section 7.00, Definitions; revised section 7.08(2), Municipal 
Waste Combustors; revised section 7.18, VOC RACT subsections (3) Metal 
Furniture Surface Coating, (5) Large Appliance Surface Coating, (11) 
Surface Coating of Miscellaneous Metal Parts and Products, (12) 
Packaging Rotogravure and Packaging Flexographic Printing, (14) Paper, 
Film and Foil Surface Coating, (21) Surface Coating of Plastic Parts, 
(24) Flat Wood Paneling Surface Coating, (25) Offset Lithographic 
Printing Letterpress Printing; withdrawal of 7.18, section (7) 
Automobile Surface Coating; addition of 7.18 VOC RACT, subsections (31) 
Industrial Cleaning Solvents and (32) Fiberglass Boat Manufacturing; 
revised section 7.19, NOX RACT subsections (2) General 
Provisions, (4) Large Boilers, (5) Medium-size Boilers, (6) Small 
Boilers, (7) Stationary Combustion Turbines, (8) Stationary 
Reciprocating Internal Combustion Engines, and (9) Municipal Waste 
Combustor Units. 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 this proposed rule by following the instructions listed in 
the ADDRESSES section of this Federal Register.

V. Incorporation by Reference

    In this document, EPA is proposing to amend regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, EPA is proposing changes to the Massachusetts SIP as 
described in the Proposed Action section above. The EPA has made, and 
will continue to make, these documents generally available through 
https://www.regulations.gov and at the EPA Region 1 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).

VI. 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 Orders12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not expected to be an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

    Dated: July 16, 2020.
Dennis Deziel,
Regional Administrator,EPA Region 1.
[FR Doc. 2020-15807 Filed 7-31-20; 8:45 am]
BILLING CODE 6560-50-P