[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Rules and Regulations]
[Pages 42560-42567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17875]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2008-0905; A-1-FRL-9439-5]
Approval and Promulgation of Air Quality Implementation Plans;
Vermont; Reasonably Available Control Technology (RACT) for the 1997 8-
Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the State of Vermont (VT) on November 22, 2006, and
November 14, 2008. These SIP revisions consist of a demonstration that
VT meets the requirements of reasonably available control technology
(RACT) for oxides of nitrogen (NOX) and volatile organic
compounds (VOCs) set forth by the Clean Air Act (CAA) with respect to
the 1997 8-hour ozone standard; minor revisions to Vermont's bulk
gasoline plants regulation; and new requirements for wood furniture
manufacturing operations. Additionally, EPA is approving VT's negative
declarations for several categories of VOC sources. EPA is fully
approving all of the submitted items, with two exceptions. EPA is
conditionally approving the RACT determinations for two major VOC
sources (Churchill Coatings Corporation and H.B.H. Prestain, Inc.).
This action is being taken in accordance with the CAA.
DATES: This direct final rule will be effective September 19, 2011,
unless EPA receives adverse comments by August 18, 2011. 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 Docket ID Number EPA-
R01-OAR-2008-0905 by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2008-0905'',
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, 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, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square, 5th Floor, 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-
2008-0905. 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://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 http://www.regulations.gov, or e-mail, information that you consider to be CBI
or otherwise protected. The http://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 e-mail comment directly to EPA without
going through http://www.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
[[Page 42561]]
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
http://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 http://www.regulations.gov or in hard copy at Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square, 5th Floor, 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
Vermont Air Pollution Control Division, Agency of Natural Resources,
Building 3 South, 103 South Main Street, Waterbury, VT 05676.
FOR FURTHER INFORMATION CONTACT: Ariel Garcia, 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) 918-1660, fax number (617) 918-
0660, e-mail [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. Summary of Vermont's SIP Revision
III. EPA's Evaluation of Vermont's SIP Revision
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background and Purpose
On November 14, 2008, the State of Vermont (VT) submitted a formal
revision to its State Implementation Plan (SIP). The SIP revision
consists of documenting RACT requirements for the 1997 8-hour ozone
standard.\1\ Although VT was designated attainment for the 1997 8-hour
ozone national ambient air quality standard (NAAQS),\2\ the state is
part of the Ozone Transport Region (OTR). On May 10, 2011, VT withdrew
portions of the November 14, 2008 submittal as discussed in more detail
in section II.
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\1\ Vermont's submittal and today's action are for the 1997 8-
hour ozone standard and do not address the 0.075 ppm 2008 ozone
standard.
\2\ See 69 FR 23858; April 30, 2004.
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Certain stationary source control measures specified in the Clean
Air Act (CAA) as applicable to areas considered ``moderate'' ozone non-
attainment areas also apply to states located in the OTR. Specifically,
these areas are required to implement reasonably available control
technology (RACT) on all major volatile organic compound (VOC) and
nitrogen oxide (NOX) emissions sources and on all sources
covered by a Control Techniques Guideline (CTG). A CTG is a document
issued by EPA which establishes a ``presumptive norm'' for RACT for a
specific VOC source category.
In 1997, EPA revised the health-based NAAQS for ozone, setting it
at 0.08 parts per million (ppm) averaged over an 8-hour time frame. EPA
set the 8-hour ozone standard based on scientific evidence
demonstrating that ozone causes adverse health effects at lower ozone
concentrations and over longer periods of time than was understood when
the pre-existing 1-hour ozone standard was set. EPA determined that the
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.
EPA requires under the 8-hour ozone NAAQS that states meet the CAA
RACT requirements, either through a certification that previously
adopted RACT controls in their SIP approved by EPA under the 1-hour
ozone NAAQS represent adequate RACT control levels for 8-hour
attainment purposes, or through the establishment of new or more
stringent requirements that represent RACT control levels. See Final
Rule To Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 2 (the Phase 2 rule). (See 70 FR 71612; November 29,
2005.) EPA has determined that States that have RACT provisions
approved in their SIPs for the 1-hour ozone standard have several
options for fulfilling the RACT requirements for the 8-hour ozone
NAAQS. If a State meets certain conditions, it may certify that
previously adopted 1-hour ozone RACT controls in the SIP continue to
represent RACT control levels for purposes of fulfilling 8-hour ozone
RACT requirements. Alternatively, a State may establish new or more
stringent requirements that represent RACT control levels, either in
lieu of or in conjunction with a certification. In addition, a State
may submit a negative declaration if there are no CTG sources or major
sources of VOC and NOx emissions in lieu of or in addition
to a certification.
As noted in the Phase 2 rule, the RACT submittal for the 1997 8-
hour ozone standard was due from states in the OTR on September 16,
2006. (See 40 CFR 51.916(b)(2).) On March 24, 2008 (73 FR 15416), EPA
issued a finding of failure to submit to VT for the 1997 8-hour ozone
RACT requirement. Vermont submitted its RACT SIP revision on November
14, 2008, and EPA determined it complete on December 10, 2008, stopping
the 18-month finding sanctions clock.
In addition, on October 5, 2006, EPA issued four CTGs which states
were required to address by October 5, 2007 (71 FR 58745). Also, on
October 9, 2007, EPA issued three CTGs which states were required to
address by October 9, 2008 (72 FR 57215). Furthermore, on October 7,
2008, EPA issued four CTGs which states were required to address by
October 7, 2009 (73 FR 58841).
In addition, on November 22, 2006, VT submitted newly adopted
regulation 5-253.16, Wood Furniture Manufacturing, to EPA as a SIP
revision. This regulation includes VOC emission limits for wood
furniture manufacturing operations. In addition to this regulation, the
SIP submittal also includes revisions to VT's ``SIP Narrative,'' which
contains additional information on how the state implements this rule.
II. Summary of Vermont's SIP Revision
On November 14, 2008, VT submitted a SIP revision documenting RACT
requirements for the 1997 8-hour ozone standard. In this SIP revision,
VT states that this submittal demonstrates and/or certifies the
following with respect to Vermont stationary sources of ozone
precursors:
1. All required RACT controls, both CTGs and Major Sources, have
been implemented on all relevant stationary sources of VOCs and
NOx emissions;
2. All applicable CTG RACT controls required to be submitted under
the current RACT SIP call (applicable to CTGs issued prior to 2006)
have been previously approved by EPA under the 1-hour ozone NAAQS; and
[[Page 42562]]
3. All previously EPA-approved RACT controls, including CTGs issued
prior to 2006 and previously submitted Single Source RACT
determinations, as well as newly determined Single Source RACT applied
to other Major Sources have been certified by the Vermont Air Pollution
Control Officer, based on EPA's guidance and standards, to represent
RACT control levels under the new 8-hour ozone NAAQS.
The submittal also states that it is the Vermont Air Pollution
Control Officer's determination that the Vermont Air Pollution Control
rules applicable to the following nine CTG categories, which have been
approved and/or are pending approval as RACT for the 1-hour ozone
standard, also represent RACT for the 8-hour ozone standard, including
any subsequent revisions to the ozone standard that maintain an 8-hour
averaging period: (1) Design Criteria for Stage 1 Vapor Control
Systems--Gasoline Service Stations (November 1975, no EPA number) and
Hydrocarbon Control Strategies for Gasoline Marketing Operations (April
1978, EPA450/3-78-017; (2) Control of Volatile Organic Emissions from
Solvent Metal Cleaning (November 1977, EPA-450/2-77-022); (3) Control
of Hydrocarbons from Tank Truck Gasoline Loading Terminals (October
1977, EPA-450/2-77-026); (4) Control of Volatile Organic Emissions from
Bulk Gasoline Plants (December 1977, EPA-450/2-77-035); (5) Control of
Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-
Roof Tanks (December 1977, EPA-450-2-77-036); (6) Control of Volatile
Organic Compounds from Use of Cutback Asphalt (December 1977, EPA-450/
2-77-037); (7) Control of Volatile Organic Emissions from Existing
Stationary Sources, Volume VI: Surface Coating of Miscellaneous Metal
Parts and Products (June 1978, EPA-450/2-78-032); (8) Control of
Volatile Organic Compounds Leaks from Gasoline Tank Trucks and Vapor
Collection Systems (December 1978, EPA-450/2-78-051); and (9) Control
of Volatile Organic Compound Emissions from Wood Furniture
Manufacturing Operations (April 1996, EPA-453/R-96-007). The Vermont
Air Pollution Control Regulations (VAPCR) that cover these CTGs are,
respectively: (1) VAPCR Section 5-253.5, Stage I Vapor Recovery
Controls at Gasoline Dispensing Facilities; 2) VAPCR Section 5-253.14,
Solvent Metal Cleaning; (3) VAPCR Section 5-253.2, Bulk Gasoline
Terminals; (4) VAPCR Section 5-253.3, Bulk Gasoline Plants; (5) VAPCR
Section 5-253.1, Petroleum Liquid Storage in Fixed Roof Tanks; (6)
VAPCR Section 5-253.15, Cutback and Emulsified Asphalt; (7) VAPCR
Section 5-253.13, Coating of Miscellaneous Metal Parts; (8) VAPCR
Section 5-253.4, Gasoline Tank Trucks; and (9) VAPCR Section 5-253.16,
Wood Furniture Manufacturing. All of these Vermont regulations, with
one exception, were approved into the Vermont SIP on April 22, 1998 (63
FR 19825). The Vermont wood furniture manufacturing regulation is being
approved into the VT SIP in this rulemaking.
The SIP submittal also states that the State of Vermont Air
Pollution Control Division has determined that there are no applicable
stationary sources of VOC in Vermont, for the following CTG categories
identified by EPA in CTG documents issued prior to 2006:
1. Surface Coating Operations (November 1976, EPA-450-2-76-028)
2. Surface Coating of Cans (May 1977, EPA-450/2-77-008)
3. Surface Coating of Coils (May 1977, EPA-450/2-77-008)
4. Surface Coating of Fabrics (May 1977, EPA-450/2-77-008)
5. Surface Coating of Paper (May 1977, EPA-450/2-77-008)
6. Surface Coating of Automobiles and Light Duty Trucks (May 1977,
EPA-450/2-77-008)
7. Refinery Vacuum Producing Systems, Wastewater Separators, and
Process Unit Turnarounds (October 1977, EPA-450/2-77-025)
8. Surface Coating of Metal Furniture (December 1977, EPA-450/2-77-
032)
9. Surface Coating for Insulation of Magnet Wire (December 1977,
EPA-450/2-77-033)
10. Surface Coating of Large Appliances (December 1977, EPA-450/2-
77-034)
11. Factory Surface Coating of Flat Wood Paneling (June 1978, EPA-
450/2-78-032)
12. Petroleum Refinery Equipment (June 1978, EPA-450/2-78-036)
13. Manufacture of Vegetable Oils (June 1978, EPA-450/2-78-035)
14. Manufacture of Synthesized Pharmaceutical Products (December
1978, EPA-450/2-78-029)
15. Manufacture of Pneumatic Rubber Tires (December 1978, EPA-450/
2-78-030)
16. Graphic Arts-Rotogravure and Flexography (December 1978, EPA-
450/2-78-033)
17. Petroleum Liquid Storage in External Floating Roof Tanks
(December 1978, EPA-450/2-78-047)
18. Large Petroleum Dry Cleaners (September 1982, EPA-450/3-82-009)
19. Manufacture of High-Density Polyethylene, Polypropylene, and
Polystyrene Resins (November 1983, EPA-450/3-83-008)
20. Equipment Leaks from Natural Gas/Gasoline Processing Plants
(December 1983, EPA-450/2-83-007)
21. Leaks from Synthetic Organic Chemical and Polymer Manufacturing
Equipment (March 1984, EPA-450/3-83-006)
22. Air Oxidation Processes in Synthetic Organic Chemical
Manufacturing Industry (December 1984, EPA-450/3-84-015)
23. Reactor Processes and Distillation Operations Processes in the
Synthetic Organic Chemical Manufacturing Industry (August 1993, EPA-
450/4-91-031)
24. Shipbuilding and Ship Repair Operations (Surface Coating)
(April 1994, EPA-453/R-94-032)
25. Coating Operations at Aerospace Manufacturing and Rework
Operations (December 1997, EPA-453/R-97-004)
In addition, the SIP submittal also states that the State of
Vermont Air Pollution Control Division has also determined that there
are no applicable stationary sources of VOC in Vermont for the
following CTG categories identified by EPA in CTG documents issued
since 2005:
1. Flat Wood Paneling Coatings (September 2006, EPA-453/R-06-004)
\3\
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\3\ The negative declaration for the Flat Wood Paneling Coatings
(September 2006, EPA-453/R-06-004) CTG was subsequently withdrawn on
May 10, 2011.
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2. Flexible Package Printing (September 2006, EPA-453/R-06-003)
3. Paper, Film, and Foil Coatings (September 2007, EPA-453/R-07-
003)
4. Metal Furniture Coatings (September 2007, EPA-453/R-07-005)
5. Large Appliance Coatings (September 2007, EPA-453/R-07-004)
In addition to the items discussed above, the November 14, 2008 SIP
submittal also includes minor changes to two of VT's regulations
previously approved into the VT SIP.
Specifically, Subsection (3) of regulation 5-251, Control of
Nitrogen Oxides Emissions: RACT for large stationary sources, is being
submitted with no changes to the regulatory text. This subsection of
VT's regulation was previously approved into the VT SIP as 5-251(2) on
April 9, 1997 (62 FR 17084). Due to the adoption of a new subsection in
VT's regulation and the resulting numbering changes, the appropriate
number change will be made to regulation 5-251(3) and the subsection is
being approved into the VT SIP. VT's new regulation subsection 5-251(2)
is not being submitted for inclusion in the VT SIP.
Also, regulation 5-253.3, Bulk Gasoline Plants, is being submitted
with
[[Page 42563]]
minor changes to the regulatory text. This regulation was previously
approved into the VT SIP on April 22, 1998 (63 FR 19825). The most
significant change to VT's adopted revised regulation 5-253.3 is in the
regulation's applicability; that is, the revised regulation requires
all bulk gasoline plants, for which construction or reconstruction
commenced after January 1, 2001, to be subject to the regulation
regardless of gasoline throughput. The revised regulation submitted for
inclusion into the VT SIP clarified several requirements in the rule
related to vapor balance but did not substantively change the
requirements of the rule.
Furthermore, Vermont's November 14, 2008 SIP submittal included
licenses for four facilities subject to major source VOC requirements
and licenses for three facilities subject to major source
NOX requirements. On May 10, 2011, VT withdrew one of the
VOC licenses (Green Mountain Prestain) and one of the NOX
licensees (Dalton Hydro), since these two facilities have closed and
their operating permits have been terminated. In addition, VT's May 10,
2011 letter includes a written commitment from VT to re-evaluate RACT
for two of the major source facilities subject to VOC requirements,
namely Churchill Coatings Corporation and H.B.H. Prestain, Inc., as a
result of the RACT limits being established for these two facilities
prior to the issuance of the 2006 revised CTG for Flat Wood Paneling
Coatings (September 2006, EPA-453/R-06-004).
In addition, on November 22, 2006, VT submitted newly adopted
regulation 5-253.16, Wood Furniture Manufacturing, to EPA as a SIP
revision. This regulation includes VOC emission limits for wood
furniture manufacturing operations. In addition to this regulation, the
SIP submittal also includes revisions to VT's ``SIP Narrative,'' which
contains additional information on how the state implements this rule.
III. EPA'S Evaluation of Vermont's SIP Revision
EPA has evaluated VT's VOC and NOX regulations which the
state certifies meets RACT for the 1997 8-hour standard, and has found
that they are generally consistent with the respective EPA guidance
documents referenced above. EPA previously approved these rules, with
the exception of the wood furniture manufacturing regulation, as
meeting RACT for the 1-hour standard. (See 62 FR 17084 and 63 FR
19825.)
VT's newly adopted wood furniture manufacturing regulation,
submitted on November 22, 2006, requires facilities, which have
allowable emissions of 25 tons per year or more of VOC emissions, to
meet specified VOC content limits for the topcoats and sealers used in
finishing operations. EPA has evaluated Vermont's rule with respect to
EPA's wood furniture manufacturing CTG (referenced above) and has found
that this rule, when taken along with the test methods, calculation
procedures, record keeping, and monitoring requirements in the SIP
narrative, is consistent with EPA guidance.\4\
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\4\ Note that section 5-253.16(e)(1)(iv) of Vermont's regulation
provides for the Vermont ANR to approve compliance plans that rely
exclusively on compliance methods already specified in the
regulation in sections 5-253.16(e)(1)(i)-(iii). This provision does
not allow for equivalency demonstrations using methods not already
provided for in the regulation.
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EPA has also evaluated the NOX permits for Killington/
Pico Ski Resort Partners, LLC and Okemo Limited Liability Company and
the VOC permit for Isovolta, Inc. that were included in this submittal
and has found that they are consistent with EPA guidance for major
stationary sources of NOX and VOC. For NOX
guidance, see control technique document EPA-450/1-78-001, January
1978, and for VOC guidance, see EPA-450/2-78-022, May 1978, and EPA-
453/R-95-010, April 1995. EPA has also evaluated two additional permits
for major stationary sources of VOC (permits submitted for Churchill
Coatings Corporation; and H.B.H. Prestain, Inc.) that were included in
this submittal and has found that they are SIP strengthening but are
not consistent with the limits established in the 2006 Flat Wood
Paneling Coatings CTG. As a result, EPA is conditionally approving the
submitted permits for Churchill Coatings Corporation and H.B.H.
Prestain, Inc. A brief description of the type of facility, what has
been determined as RACT for the facility, and EPA's reasoning for
approval, or conditional approval, of such RACT determination, for each
of the five permits is as follows:
1. The Killington/Pico Ski Resort Partners, LLC operating permit
covers the snowmaking operations at the Killington and Pico ski
resorts. The air pollution sources at the facility consist of diesel
powered air compressors for snowmaking operations. With the exception
of one engine (unit BR11), the permit requires the replacement of all
diesel powered air compressor engines, by July 1, 2007, with the
cleanest air pollution emitting engines reasonably available at the
time of replacement. The replacement engine cannot have a higher
horsepower rating than the engine which it is replacing, and must meet
emission limits established by the operating permit. Unit BR11 operates
with a Selective Catalytic Reduction (SCR) system designed and operated
to achieve a minimum of 70% reduction in NOX emissions. The
permit requires the Unit BR11 to meet emissions limits (after emissions
controls) consistent with federal Tier 2 nonroad diesel engine emission
standards. The permit also requires the replacement diesel powered air
compressor engines to meet emissions limits consistent with federal
Tier 2 or Tier 3 nonroad diesel engine emission standards, depending on
the date of replacement. The permit also establishes operational limits
on the sulfur content of the fuel oil and limits the annual fuel
allowed to be consumed by the stationary diesel engine units. The
provisions in this operating permit submitted into the VT SIP
constitute RACT.
2. The Okemo Limited Liability Company operating permit covers the
snowmaking operations at the Okemo ski resort. The air pollution
sources at the facility consist of diesel powered air compressors for
snowmaking operations and diesel engine generators utilized for
generating electricity for snowmaking operations. The facility owns one
diesel-powered compressor utilized for generating compressed air for
snowmaking operations, has two rental diesel engine generators utilized
for generating electricity, and leases 20 diesel-powered compressors
utilized for generating compressed air for snowmaking operations. The
permit requires the diesel-powered compressor owned by the facility
(Caterpillar 3516) to operate on a combination of emission control
technologies. Caterpillar 3516 operates with a SCR system and an
oxidation catalyst that jointly achieve over 90% reduction in
NOX emissions. The permit requires the Caterpillar 3516 to
meet emissions limits (after emissions controls) as stringent as
federal Tier 4 nonroad diesel engine emission standards that will be
imposed on engines beginning with model year 2011 nonroad diesel
engines. The emissions reductions obtained by the Caterpillar 3516,
make up for the fact that the two rental units are held to emission
limits which are more relaxed than the federal Tier 2 nonroad diesel
engine emission standards, for the first two years following the
issuance of the operating permit (after which time, the rental units
are required to meet emissions limits as stringent as the federal Tier
2 standards). All of the leased diesel
[[Page 42564]]
engines operated at the facility are required to meet at a minimum the
federal Tier 2 nonroad diesel engine emission standards. The permit
also establishes operational limits on the sulfur content of the fuel
oil, limits the annual fuel allowed to be consumed by the stationary
diesel engine units, limits the total capacity of engines operated at
the facility for generating electricity and compressed air for
snowmaking operations, and limits the hours that each type of engine
can be in operation. The provisions in this operating permit submitted
constitute RACT.
3. The Isovolta, Inc. (formerly U.S. Samica, Inc.) operating permit
covers the insulation paper manufacturing facility in Rutland, VT. On
April 9, 1997 (see 62 FR 17084), EPA approved an administrative order
for this facility (at that time under U.S. Samica Corporation) which
required the use of incineration control devices, which achieve an 81%
overall VOC control, on two of their process lines. The administrative
order also contained enforceable emissions testing, monitoring,
recordkeeping, and reporting requirements. These same conditions are
included in the operating permit in VT's November 14, 2008 submittal.
The 81% reduction requirement is consistent with EPA's model regulation
for VOC sources (See ``Model Volatile Organic Compound Rules for
Reasonably Available Control Technology'', EPA-Staff Working Document,
June 1992). Therefore, EPA is approving the Isovolta, Inc. operating
permit as continuing to meet VOC RACT requirements for this facility.
4. The Churchill Coatings Corporation operating permit covers the
clapboard painting facility (previously owned by Prestained Lumber
Products, Inc.) in North Springfield, VT. The facility consists of two
roll coating lines to prime and paint a variety of lumber products. The
non-CTG regulation approved by EPA on April 9, 1997 (see 62 FR 17084),
defines RACT for coating units as a daily weighted average of VOC
content in the coatings of 3.5 pounds of VOC per gallon of coating
applied. The operating permit requires the facility to meet the 3.5
pounds of VOC per gallon of coating emission limit and also includes
the associated recordkeeping and testing requirements to ensure
compliance with these limits. The 3.5 pounds of VOC per gallon of
coating emission limit is consistent with EPA's guidance for VOC
sources (See ``Model Volatile Organic Compound Rules for Reasonably
Available Control Technology'', EPA-Staff Working Document, June 1992).
However, the RACT determination for some of the operations at this
facility must address whether and how the facility can meet the
recommended limits for Exterior Siding, specifically 2.1 pounds of VOC
per gallon of coating, included in the 2006 Flat Wood Paneling Coatings
(September 2006, EPA-453/R-06-004) CTG. Therefore, EPA finds that the
VOC limits in the Churchill Coatings Corporation operating permit are
SIP-strengthening but do not constitute a complete RACT determination
for this facility and is conditionally approving this operating permit
into the VT SIP.
5. The H.B.H. Prestain, Inc. operating permit covers the clapboard
painting facility in East Arlington, VT. The facility consists of four
roll coating lines to prime, paint, and/or stain wooden clapboards,
trim boards, and various other building siding products. The VOC
coating limits established by this operating permit are also consistent
with what has been determined as RACT in the April 9, 1997 (see 62 FR
17084) EPA rulemaking. Specifically, the four coating lines are
required to meet a 3.5 pounds of VOC per gallon of coating emission
limit. The permit also includes the associated recordkeeping and
testing requirements to ensure this limit is enforceable. As noted
previously, this emission limit is consistent with EPA's guidance for
VOC sources (See ``Model Volatile Organic Compound Rules for Reasonably
Available Control Technology'', EPA-Staff Working Document, June 1992).
However, the RACT determination for some of the operations at this
facility must address whether and how the facility can meet the
recommended limits for Exterior Siding, specifically 2.1 pounds of VOC
per gallon of coating, included in the 2006 Flat Wood Paneling Coatings
(September 2006, EPA-453/R-06-004) CTG. Therefore, EPA finds that the
VOC limits in the H.B.H. Prestain, Inc. operating permit are SIP-
strengthening but do not constitute a complete RACT determination for
this facility and is conditionally approving this operating permit into
the VT SIP.
With respect to the CTGs issued in 2006 and later, VT has submitted
negative declarations for four of these 11 CTGs. The state must still
address the remaining seven CTGs.
IV. Final Action
EPA is approving State Implementation Plan (SIP) revisions
submitted by the State of Vermont on November 14, 2008, and November
22, 2006. EPA is approving Vermont's November 14, 2008 RACT
certification and negative declarations as meeting RACT for the 1997 8-
hour standard. EPA is also approving the following permits conditions
\5\ as representing RACT for the applicable sources and incorporating
these conditions into the SIP:
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\5\ EPA is approving all of the permit conditions that Vermont
included in its SIP submittal. Other conditions that are included in
the facility's permit, but not listed here, were not submitted by
Vermont as part of the SIP revision.
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Isovolta Inc. (Formerly U.S. Samica, Inc.) Operating
Permit RACT provisions Construction and Equipment Specifications (2),
Operational Limitations (5), Emission Limitations (9) and (17), and
Continuous Temperature Monitoring Systems (19) through (21);
Killington/Pico Ski Resort Partners, LLC. Operating Permit
RACT provisions Construction and Equipment Specifications (3) through
(7), Operational Limitations (8) and (10), Emission Limitations (14)
through (16), Compliance Testing and Monitoring (23) and (24),
Recordkeeping and Reporting (25), (27) and (33), and Appendix A; and
Okemo Limited Liability Company Operating Permit RACT
provisions Construction and Equipment Specifications (2), Operational
Limitations (5) through (7) and (9) through (11), Emission Limitations
(14) through (16), Compliance Testing and Monitoring (23) and (24), and
Recordkeeping and Reporting (25), (26), (31), and (32).
EPA is also approving into the VT SIP revised regulation 5-253.3
``Bulk Gasoline Plants,'' revised regulation 5-251(3) ``Control of
Nitrogen Oxides Emissions: RACT for large stationary sources,'' as well
as the newly submitted regulation 5-253.16 ``Wood Furniture
Manufacturing,'' along with the associated revisions to the VT SIP
narrative.
In addition, EPA is conditionally approving the following permits
conditions as SIP-strengthening, but not completely fulfilling the RACT
requirements for the applicable sources, and incorporating these
conditions into the SIP:
Churchill Coatings Corporation Operating Permit RACT
conditions Emission Limitations (3) through (6) and (11), and Record
Keeping and Reporting (14) through (16); and
H.B.H Prestain, Inc. Operating Permit RACT provisions
Emission Limitations (4) through (8), and (13), and Recordkeeping and
Reporting (16) through (18).
The State of Vermont must submit to EPA by July 19, 2012, re-
evaluated RACT determinations for Churchill Coatings Corporation and
H.B.H Prestain. These RACT determinations must include an evaluation of
the
[[Page 42565]]
feasibility of the emission limits in the 2006 flat wood paneling CTG
for these two facilities. If VT fails to do so, this conditional
approval will become a disapproval on that date. EPA will notify VT by
letter that this action has occurred. At that time, this commitment
will no longer be a part of the approved VT SIP. EPA subsequently will
publish a notice in the notice section of the Federal Register
notifying the public that the conditional approval automatically
converted to a disapproval. If VT meets its commitment, within the
applicable time frame, the conditionally approved portion of the
submittal will remain a part of the SIP until EPA takes final action
approving or disapproving the new submittal. If EPA approves the new
submittal, the new approval will replace the conditionally approved
operating permit sections in the VT SIP.
If the conditional approval is converted to a disapproval, such
action will trigger EPA's authority to impose sanctions under section
110(m) of the CAA at the time EPA issues the final disapproval or on
the date VT fails to meet its commitment. In the latter case, EPA will
notify VT by letter that the conditional approval has been converted to
a disapproval and that EPA's sanctions authority has been triggered. In
addition, the final disapproval triggers the Federal Implementation
Plan (FIP) requirement under section 110(c).
The EPA is publishing this action 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
relevant adverse comments be filed. This rule will be effective
September 19, 2011 without further notice unless the Agency receives
relevant adverse comments by August 18, 2011.
If the EPA receives such comments, then EPA will publish a notice
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 on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on September 19, 2011 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.
In addition, Vermont was issued a finding a failure to submit which
started an 18 month sanctions clock and a 24 month Federal
Implementation Plan (FIP) clock. The 18 month sanctions clock was
stopped when Vermont submitted the SIP and we determined it complete on
December 10, 2008. The 24 month FIP clock will stop upon the effective
date of our final approval, September 19, 2011.
V. Statuatory 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 September 19, 2011. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
[[Page 42566]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: June 28, 2011.
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--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart UU--Vermont
0
2. In Sec. 52.2370, Table (c) is amended by revising two entries and
adding an entry; and Tables (d) and (e) are amended by adding the
following entries:
Sec. 52.2370 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved Vermont Regulations
----------------------------------------------------------------------------------------------------------------
Vermont Air Pollution Control State
Regulation (VAPCR) State Title/Subject effective EPA Approval date Explanations
citation date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-251........................... Control of Nitrogen 4/27/07 7/19/2011 [Insert Changes to numbering of
Oxides Emissions: Federal Register RACT-related
RACT for large page number where subsections of
stationary sources. the document regulation. The state
begins]. did not submit
Subsection 5-251(2) as
part of the SIP
revision.
* * * * * * *
5-253.3......................... Bulk Gasoline 4/27/07 7/19/2011 [Insert Changes to bulk
Plants. Federal Register gasoline plants
page number where regulation.
the document
begins].
* * * * * * *
5-253.16........................ Wood Furniture 3/1/04 7/19/2011 [Insert Adopted regulation
Manufacturing. Federal Register establishing wood
page number where furniture
the document manufacturing
begins]. requirements.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(d) EPA-Approved State Source specific requirements.
EPA-Approved Vermont Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective date EPA Approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Isovolta Inc. (Formerly U.S. OP-95-040 1/06/2006 7/19/2011 [Insert Only these sections
Samica, Inc.) Operating Permit Federal Register were submitted by VT
RACT provisions. page number where and approved into the
the document SIP: Permit
begins]. Conditions:
Construction and
Equipment
Specifications (2),
Operational
Limitations (5),
Emission Limitations
(9) and (17), and
Continuous Temperature
Monitoring Systems
(19) through (21).
Churchill Coatings Corporation AOP-06-040 2/06/2008 7/19/2011 [Insert Only these sections
Operating Permit RACT Federal Register were submitted by VT
conditions. page number where and conditionally
the document approved into the SIP:
begins]. Emission Limitations
(3) through (6) and
(11), and Record
Keeping and Reporting
(14) through (16).
Killington/Pico Ski Resort AOP-04-025a 6/14/2007 7/19/2011 [Insert Only these sections
Partners, LLC. Operating Federal Register were submitted by VT
Permit RACT provisions. page number where and approved into the
the document SIP: Construction and
begins]. Equipment
Specifications (3)
through (7),
Operational
Limitations (8) and
(10), Emission
Limitations (14)
through (16),
Compliance Testing and
Monitoring (23) and
(24), Recordkeeping
and Reporting (25),
(27), and (33), and
Appendix A.
[[Page 42567]]
Okemo Limited Liability Company AOP-04-029 2/26/2006 7/19/2011 [Insert Only these sections
Operating Permit RACT Federal Register were submitted by VT
provisions. page number where and approved into the
the document SIP: Construction and
begins]. Equipment
Specifications (2),
Operational
Limitations (5)
through (7) and (9)
through (11), Emission
Limitations (14)
through (16),
Compliance Testing and
Monitoring (23) and
(24), and
Recordkeeping and
Reporting (25), (26),
(31), and (32).
H.B.H Prestain, Inc. Operating AOP-03-009 2/06/2008 7/19/2011 [Insert Only these sections
Permit RACT provisions. Federal Register were submitted by VT
page number where and conditionally
the document approved into the SIP:
begins]. Emission Limitations
(4) through (8) and
(13), and
Recordkeeping and
Reporting (16) through
(18).
----------------------------------------------------------------------------------------------------------------
(e) Nonregulatory
Vermont Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non regulatory SIP geographic or State submittal
provision nonattainment date/effective EPA Approved date Explanations
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reasonably Available Control Statewide........ Submitted 11/14/ 7/19/2011 [Insert ......................
Technology State 2008. Federal Register
Implementation Plan (SIP)/ page number
certification for the 1997 8- where the
hour Ozone National Ambient document begins].
Air Quality Standard.
SIP narrative associated with 5- Statewide........ Submitted 11/22/ 7/19/2011 [Insert ......................
253.16 wood furniture 2006. Federal Register
manufacturing regulation. page number
where the
document begins].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2011-17875 Filed 7-18-11; 8:45 am]
BILLING CODE 6560-50-P