[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Proposed Rules]
[Pages 15329-15335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6274]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0696; A-1-FRL-9647-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Reasonably Available Control Technology (RACT) for the 1997 8-
Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve several State Implementation 
Plan (SIP) revisions submitted by the State of Maine Department of 
Environmental Protection. These SIP revisions consist of a 
demonstration that Maine 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 as well as several new 
and revised VOC regulations. The intended effect of this action is to 
propose approval of Maine's RACT demonstration for satisfying the 
State's RACT SIP revision obligation as of September 15, 2006 and to 
propose approval of Maine's other submitted SIP regulations. This 
action is being taken in accordance with the CAA.

DATES: Written comments must be received on or before April 16, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2009-0696 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: arnold.anne@epa.gov.
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2009-0696,'' 
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-
2009-0696. 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

[[Page 15330]]

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 submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency: 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: 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, email garcia.ariel@epa.gov.

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 Maine's SIP Revisions
III. EPA's Evaluation of Maine's SIP Revisions
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background and Purpose

    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.\1\ 
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 ozone 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.
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    \1\ Today's action is in respect to the 1997 8-hour ozone 
standard and does not address the 2008 ozone standard.
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    On April 30, 2004 (69 FR 23857), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 8-hour ozone standard. These designations became effective on June 
15, 2004. In Maine, EPA designated two areas as 8-hour ozone 
nonattainment based on air quality monitoring data from 2001-2003. One 
area, the Portland nonattainment area located in southern Maine 
consisted of 57 coastal towns and cities located in York County 
(partial), Cumberland County (partial), Sagadahoc County (full) along 
with Durham, Maine, a town in Androscoggin County. The other area, the 
Midcoast area was located north of the Portland area and consists of 55 
coastal towns and islands in Hancock, Knox, Lincoln, and Waldo Counties 
(all are partial Counties).
    Subsequently, on August 3, 2006, Maine requested redesignation to 
attainment for the 8-hour ozone standard for the both areas. The 
redesignation request included three years of complete, quality-assured 
data for the period of 2003 through 2005, indicating the 8-hour NAAQS 
for ozone had been achieved for the both areas. On December 11, 2006 
(71 FR 71489), EPA approved ME DEP's redesignation request and as such 
the entire state was then designated attainment for the 1997 8-hour 
NAAQS.
    Additionally, the entire State of Maine is part of the Ozone 
Transport Region (OTR) under Section 184(a) of the CAA. Section 184 of 
the CAA requires states in the OTR to submit a revision to their 
applicable State Implementation Plan (SIP) to include provisions that 
require the implementation of reasonably available control technology 
(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.
    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.'' 70 FR 71612 (Nov. 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 Maine on September 15, 2006. On March 
24, 2008 (73 FR 15416), EPA issued Maine a finding of failure to submit 
for the 1997 8-hour ozone RACT requirement, essentially determining 
that Maine had failed to submit by the September 15, 2006 deadline a 
SIP revision demonstrating that sources specified under the CAA were 
subject to RACT. This finding started an 18-month sanctions clock, as 
well as a 24 month Federal Implementation Plan (FIP) clock. Maine 
submitted its SIP revision on August 27, 2009, and EPA determined the 
submittal to be complete on September 18, 2009, stopping the 18-month 
finding sanctions clock. Pursuant

[[Page 15331]]

to a consent decree entered in Sierra Club v. Jackson in the United 
States District Court for the District of Columbia (Civ. No. 1:11-cv-
00035-GK), EPA shall, no later than May 31, 2012, sign a notice of the 
Agency's final rule promulgating a FIP addressing the RACT requirements 
for VOCs and NOX as they relate to the 1997 8-hour ozone 
NAAQS for Maine (except for the NOX RACT requirement in 
Northern Maine) addressing any VOC and NOX RACT SIP revision 
for which the State was required to submit to EPA by the September 15, 
2006 deadline and for which EPA has not signed an approval notice by 
May 31, 2012. The approvals proposed here with respect to Maine's RACT 
SIP revision obligation as of September 15, 2006, once finalized, will 
accomplish Condition 5 of the consent decree.
    In addition, on October 5, 2006, EPA issued four new CTGs which 
states were required to address by October 5, 2007 (71 FR 58745). Also, 
on October 9, 2007, EPA issued three new CTGs which states were 
required to address by October 9, 2008 (72 FR 57215). Furthermore, on 
October 7, 2008, EPA issued four new CTGs which states were required to 
address by October 7, 2009 (73 FR 58841).

II. Summary of Maine's SIP Revision

    On August 27, 2009, Maine submitted a SIP revision documenting RACT 
requirements for the 1997 8-hour ozone standard. In this SIP revision, 
Maine certifies that RACT requirements are being met for all non-CTG 
major stationary sources of VOCs and NOX (those sources 
exceeding 50 tons per year (tpy) of VOCs, and 100 tpy of 
NOX), and all pre-2006 CTGs with the exception of one 
category, cutback asphalt.\2\ Maine's submittal states that the Maine 
regulations which have been approved by EPA 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. The CTG categories, Maine's regulations 
including Code of Maine Rules citation, and the citations to EPA's 
prior approval of these rules are shown in Table 1.
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    \2\ Maine subsequently submitted a SIP revision on September 11, 
2009 consisting of amendments to CMR Chapter 131, Cutback Asphalt 
and Emulsified Asphalt, and EPA is proposing approval of the revised 
rule in today's action.

                                        Table 1--Maine RACT Certification
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                 CTG                        Maine regulation                    EPA approval citation
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Design Criteria for Stage 1 Vapor     CMR Chapter 118, Gasoline     60 FR 33730; June 25, 1995.
 Control Systems--Gasoline Service     Dispensing Facilities Vapor
 Stations (November 1975, no EPA       Control.
 number).
Control of Volatile Organic           CMR Chapter 129, Surface      59 FR 31154; June 17, 1994.
 Emissions From Existing Stationary    Coating Facilities.
 Sources--Volume II: Surface Coating
 of Cans, Paper, and Fabrics (May
 1977, EPA-450/2-77-008).
                                      CMR Chapter 123, Paper        57 FR 3946; February 3, 1992.
                                       Coating Regulation.
Control of Volatile Organic           CMR Chapter 130, Solvent      70 FR 30367; May 26, 2005.
 Emissions from Solvent Metal          Cleaners.
 Cleaning (November 1977, EPA-450/2-
 77-022).
Control of Volatile Organic           CMR Chapter 129, Surface      59 FR 31154; June 17, 1994.
 Emissions from Existing Stationary    Coating Facilities.
 Sources--Volume VI: Surface Coating
 of Miscellaneous Metal Parts and
 Products (June 1978, EPA-450/2-78-
 015).
Control of Volatile Organic           CMR Chapter 129, Surface      59 FR 31154; June 17, 1994.
 Emissions from Existing Stationary    Coating Facilities.
 Sources--Volume VII: Factory
 Surface Coating of Flat Wood
 Paneling (June 1978, EPA-450/2-78-
 032).
Control of Hydrocarbons from Tank     CMR Chapter 112, Bulk         61 FR 53636; October 15, 1996.
 Truck Gasoline Loading Terminals      Terminal Petroleum Liquid
 (October 1977, EPA-450/2-77-026).     Transfer Requirements.
Control of Volatile Organic           CMR Chapter 129, Surface      59 FR 31154; June 17, 1994.
 Emissions from Existing Stationary    Coating Facilities.
 Sources--Volume III: Surface
 Coating of Metal Furniture
 (December 1977, EPA-450/2-77-032).
Control of Volatile Organic           CMR Chapter 132, Graphic      59 FR 31154; June 17, 1994.
 Emissions from Existing Stationary    Arts-Rotogravure and
 Sources--Volume VIII: Graphic Arts-   Flexography.
 Rotogravure and Flexography
 (December 1978, EPA-450/2-78-033).
Control of Volatile Organic           CMR Chapter 133, Petroleum    60 FR 33730; June 29, 1995.
 Emissions from Bulk Gasoline Plants   Liquids Transfer Vapor
 (December 1977, EPA-450/2-77-035).    Recovery at Bulk Gasoline
                                       Plants.
Control of Volatile Organic           CMR Chapter 111, Petroleum    57 FR 3946; February 3, 1992.
 Emissions from Storage of Petroleum   Liquid Storage Vapor
 Liquids in Fixed-Roof Tanks           Control.
 (December 1977, EPA-450-2-77-036).
Control of Volatile Organic           CMR Chapter 120, Gasoline     60 FR 33730; June 29, 1995.
 Compounds Leaks from Gasoline Tank    Tank Truck Tightness Self-
 Trucks and Vapor Collection Systems   Certification.
 (December 1978, EPA-450/2-78-051).
Control Techniques Guidelines for     CMR Chapter 134, Reasonably   65 FR 20749; April 18, 2000.
 Shipbuilding and Ship Repair          Available Control
 Operations (61 FR 44050, August 27,   Technology for Facilities
 1996).                                That Emit Volatile Organic
                                       Compounds.
                                      Addressed by single source    65 FR 20749; April 18, 2000.
                                       SIPs for Portsmouth Naval
                                       Shipyard.
                                      Addressed by single source    67 FR 35439; May 20, 2002.
                                       SIPs for Bath Iron Works.

[[Page 15332]]

 
Control of Volatile Organic           CMR Chapter 134, Reasonably   65 FR 20749; April 18, 2000.
 Compounds Emissions from Wood         Available Control
 Furniture Manufacturing Operations    Technology for Facilities
 (April 1996, EPA-453/R-96-007).       That Emit Volatile Organic
                                       Compounds.
                                      Addressed by single source    67 FR 35439; May 20, 2002.
                                       SIPs for Moosehead
                                       Manufacturing's Facilities
                                       in Dover-Foxcroft and
                                       Monson.
Control of Volatile Organic Compound  CMR Chapter 134, Reasonably   65 FR 20749; April 18, 2000.
 Emissions from Coating Operations     Available Control
 at Aerospace Manufacturing and        Technology for Facilities
 Rework Operations (December 1997,     That Emit Volatile Organic
 EPA-453/R-97-004).                    Compounds.
                                      Addressed by a single source  67 FR 35439; May 20, 2002.
                                       SIP for Pratt and Whitney.
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    Regarding non-CTG sources, Maine is also certifying that the 
State's adopted VOC RACT regulation, CMR Chapter 134, Reasonably 
Available Control Technology for Facilities That Emit Volatile Organic 
Compounds, approved into the Maine SIP on April 18, 2000 (65 FR 20749) 
represents RACT for major non-CTG sources under the 1997 8-Hour ozone 
standard. For major sources of NOx, Maine is certifying that the 
State's adopted NOx RACT regulations CMR Chapter 138, Reasonably 
Available Technology for Facilities That Emit Nitrogen Oxides, approved 
into the Maine SIP on September 9, 2002 (67 FR 57148), represent RACT 
for major NOx sources under the 1997 8-hour ozone standard, and that 
CMR Chapter 148, Emissions From Smaller-Scale Electric Generating 
Resources, approved into the Maine SIP on May 26, 2006 (70 FR 30376), 
represents NOx RACT for the subject sources under the 1997 8-hour ozone 
standard.
    Maine's August 27, 2009 SIP submittal also states that the State 
has determined that there are no applicable stationary sources of VOC 
in Maine and makes a negative declaration for the following CTG 
categories identified by EPA in CTG documents issued prior to 2006:
    1. Surface Coating of Coils (May 1977, EPA-450/2-77-008)
    2. Surface Coating for Insulation of Magnet Wire (December 1977, 
EPA-450/2-77-033)
    3. Surface Coating of Automobiles and Light Duty Trucks (May 1977, 
EPA-450/2-77-008)
    4. Surface Coating of Large Appliances (December 1977, EPA-450/2-
77-034)
    5. Refinery Vacuum Producing Systems, Wastewater Separators, and 
Process Unit Turnarounds (October 1977, EPA-450/2-77-025)
    6. Manufacture of Synthesized Pharmaceutical Products (December 
1978, EPA-450/2-78-029)
    7. Large Petroleum Dry Cleaners (September 1982, EPA-450/3-82-009)
    8. Leaks from Synthetic Organic Chemical and Polymer Manufacturing 
Equipment (March 1984, EPA-450/3-83-006)
    9. Air Oxidation Processes in Synthetic Organic Chemical 
Manufacturing Industry (December 1984, EPA-450/3-84-015)
    10. Reactor Processes and Distillation Operations in Synthetic 
Organic Chemical Manufacturing Industry (August 1993, EPA-450/4-91-031)
    11. Petroleum Refinery Equipment (June 1978, EPA-450/2-78-036)
    12. Petroleum Liquid Storage in External Floating Roof Tanks 
(December 1978, EPA-450/2-78-047)
    13. Manufacture of Vegetable Oils (June 1978, EPA-450/2-78-035)
    14. Manufacture of Pneumatic Rubber Tires (December 1978, EPA-450/
2-78-030)
    15. Equipment Leaks from Natural Gas/Gasoline Processing Plants 
(December 1983, EPA-450/2-83-007)
    16. Manufacture of High-Density Polyethylene, Polypropylene, and 
Polystyrene Resins (November 1983, EPA-450/3-83-008).
    In addition to the items discussed above, Maine's August 27, 2009 
SIP submittal included a list of Maine's major sources of VOC and 
NOX and the source's applicable RACT regulations. Maine has 
determined that all major sources of VOC and NOX are meeting 
RACT. The submittal also included, as a single-source VOC RACT SIP, an 
amendment (A-459-71-D-A, also referred to as ``Amendment 2'') 
to the Air Emission License A-459-72-B-R issued to the McCain Foods 
USA, Inc., Tatermeal facility (Tatermeal) for incorporation into the 
Maine SIP. Amendment 2 incorporates by reference the 
conditions found in the Air Emission License A-459-72-B-R and amendment 
A-459-71-C-M to that License, which were issued to the Tatermeal 
facility by Maine pursuant to an EPA-approved SIP permitting program. 
While Maine's August 27, 2009 SIP submittal did not include copies of 
the Tatermeal Air Emission License A-459-72-B-R and amendment A-459-71-
C-M to that License as elements of the State's SIP revision, EPA has 
added them to the administrative record supporting this proposed 
action.
    On September 11, 2009, Maine submitted adopted amendments to CMR 
Chapter 131, Cutback Asphalt and Emulsified Asphalt, to EPA as a SIP 
revision. The amendments to CMR Chapter 131 were based on control 
measures recommended by the Ozone Transport Commission (OTC). Maine has 
determined that the amended CMR Chapter 131 was the only regulation 
required to be amended to fulfill Maine's RACT requirements for the 
1997 8-hour ozone standard.
    In addition to the items discussed above, Maine has also adopted 
several regulations based on model rules developed by the OTC. Maine 
believes these regulations establish a benchmark for RACT for the 
relevant source categories. EPA has previously approved the following 
regulations into the Maine SIP: (1) CMR Chapter 151, Control of VOC 
emissions from Architectural and Industrial Maintenance (AIM) Coatings, 
approved into the Maine SIP on March 17, 2006 (71 FR 13767); (2) CMR 
Chapter 153, Control of VOC emissions from Mobile Equipment Repair and 
Refinishing, approved into the Maine SIP on May 26, 2005 70 FR 30367); 
and (3) CMR Chapter 155, Control of VOC emissions from Portable Fuel 
Containers, approved into the Maine SIP on February 7, 2005 (70 FR 
6352). Maine has determined that these regulations, as previously 
approved into the Maine SIP, still constitute as RACT for the 
respective source categories. Another such regulation, CMR Chapter 152, 
Control of Volatile Organic Compounds from Consumer Products, 
previously

[[Page 15333]]

approved into the Maine SIP on October 24, 2005 (70 FR 61382), has been 
determined to no longer represent RACT, and thus has been amended and 
was submitted to EPA as a SIP revision on February 28, 2008. 
Furthermore, Maine has made SIP submittals addressing some of the 
eleven new CTGs that have been issued since 2006.
    In this rulemaking, EPA is acting on Maine's submittal for the 
purpose of determining the State's compliance with its RACT SIP 
revision obligation as of September 15, 2006 in relation to the 1997 8-
hour ozone NAAQS. In addition, EPA is acting on the following received 
SIP submittals: \3\
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    \3\ EPA's March 24, 2008 failure to submit finding did not 
address Maine's obligation to submit RACT SIP revisions addressing 
the Metal Furniture Coating CTG and the Paper, Film, Foil Coating 
CTG (which were due October 9, 2008) nor the Lithographic Printing 
Materials and Letterpress Printing Materials CTG and the Flat Wood 
Paneling Coatings CTG (which were due October 5, 2007). Thus, EPA's 
actions regarding these CTGs today are in addition to EPA's action 
regarding Maine's submittal for the purpose of meeting the State's 
RACT SIP revision obligation as of September 15, 2006.
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    1. On June 1, 2010, Maine submitted amendments to CMR Chapter 123, 
Control of Volatile Organic Compounds from Paper, Film and Foil Coating 
Operations, which addresses the Paper, Film, and Foil Coatings CTG 
(September 2007, EPA-453/R-07-003);
    2. On October 26, 2010, Maine submitted newly adopted regulation 
CMR Chapter 161, Graphic Arts--Lithography and Letterpress Printing, 
which addresses the Offset Lithographic Printing and Letterpress 
Printing CTG (September 2006, EPA-453/R-06-002); and
    3. On May 3, 2011, Maine submitted amendments to CMR Chapter 129, 
Surface Coating Facilities, which addresses the Flat Wood Paneling 
Coatings CTG (September 2006, EPA-453/R-06-004) and the Metal Furniture 
Coatings CTG (September 2007, EPA-453/R-07-005).

III. EPA's Evaluation of Maine's SIP Revision

    EPA has evaluated Maine's VOC and NOX regulations which 
the state certifies as meeting RACT for the 1997 8-hour ozone standard, 
and has found that they are generally consistent with the respective 
EPA guidance documents, and/or OTC model rules, referenced above. EPA 
previously approved the Maine rules, with the exception of the revised 
asphalt paving regulation, as meeting RACT for the 1-hour ozone 
standard (see 57 FR 3946, 59 FR 31154 and 60 FR 33730). In the absence 
of any information to the contrary, EPA agrees with Maine's 
determination that these rules continue to meet RACT for the 1997 ozone 
standard with the exception of the asphalt paving category.
    Maine's Chapter 131, Cutback Asphalt and Emulsified Asphalt, 
initially incorporated the requirements of the Cutback Asphalt CTG 
(December 1977, EPA-450/2-77-037) and prohibited the use of cutback 
asphalt on public roads during the ozone season, but allowed for a 
number of exemptions. EPA previously approved Maine's Chapter 131 into 
the SIP on June 17, 1994 (59 FR 31154). Maine's revisions to Chapter 
131 limit the VOC content of cutback and emulsified asphalt, eliminate 
exempted uses of cutback asphalt, and extend the scope of the 
regulation to all asphalt paving activities. The amendments to CMR 
Chapter 131 were based on control measures recommended by the OTC. EPA 
has evaluated Maine's rule and has found that it is consistent with 
EPA's 1977 cutback asphalt CTG, similar regulations adopted by other 
states in the region, and the recommended control measures of the OTC 
for emulsified and cutback asphalt paving. Therefore, EPA finds the 
revised Chapter 131 constitutes RACT for the 1997 ozone standard. Also, 
because the revised Chapter 131 rule is more stringent than the 
previously approved cutback and emulsified asphalt VOC requirements, 
the revised regulation satisfies the section 110(l) anti-backsliding 
requirements of the CAA.
    EPA has evaluated Amendment 2, the single-source VOC RACT 
Air Emission License amendment for the McCain Foods USA, Inc., 
Tatermeal facility (Tatermeal) that Maine submitted for incorporation 
into the State's SIP. EPA finds that Amendment 2 is consistent 
with EPA guidance for major stationary sources of VOC (see EPA-450/2-
78-022, May 1978 and EPA-453/R-95-010, April 1995). The Tatermeal 
permit covers the potato waste drying operations at the McCain Foods 
USA, Inc., Tatermeal facility in Presque Isle, ME. The air pollution 
sources at the facility consist of three dryers that dehydrate potato 
wastes to produce a material for use as a binder and nutritional 
supplement in animal feed. These dryers combust 6 fuel oil, a 
process that generates minimal VOC emissions. The drying of the potato 
waste, in contrast, generates a significant amount of VOC emissions, 
over 205 tons per year. Maine also estimates that a small amount of VOC 
emission results from the use of VOC-based solvent degreasers for 
cleaning equipment. The Tatermeal facility uses no more than 50 gallons 
of such solvent per year, which Maine has determined would result in 
approximately 0.2 tons of VOC per year. The Tatermeal facility is 
subject to the requirements of Maine's CMR Chapter 134, due to 
Tatermeal's potential to emit more than the CMR Chapter 134 
applicability threshold of 40 tons of VOC per calendar year. The 
Tatermeal facility is meeting the RACT requirements of CMR Chapter 134 
Section 3(A)(3) Option C, which consists of an examination of the 
technical and economical feasibility of control device equipment and 
pollution prevention options capable of reducing VOC emissions 
equivalent to or greater than a VOC reduction achieved by CMR Chapter 
134 Section 3(A)(1) or Section 3(A)(2) and implementation of a program 
pursuant to CMR Chapter 134 Section 3(B)(3). As part of this 
examination, various VOC control options were considered, including a 
number of methods of incineration, condensation, wet and dry scrubbing, 
and biological treatment. All of the incineration methods considered 
were found to be technically or economically unfeasible. For example, 
the analysis performed by McCain Foods concluded that for incineration 
using a regenerative thermal oxidizer, the cost effectiveness would be 
almost $18,000 per ton of VOC removed. Similarly, the various methods 
of condensation, wet and dry scrubbing, and biological treatment 
considered were all found to be either technically or economically 
infeasible, with cost effectiveness ranging from about $8,600 to about 
$23,000 per ton of VOC removed. EPA agrees with Maine's determination 
that the installation and operation of add-on control equipment is not 
cost-effective for the potato drying operation.
    Amendment 2 of the Tatermeal Air Emission License A-459-
72-B-R restricts the facility's total annual VOC emissions to 208 tons 
per year on a twelve-month rolling total basis and limits the annual 
fuel use to 2,628,000 gallons of 6 fuel oil, with a sulfur 
content of no greater than 2.0% sulfur by weight, based on a twelve-
month rolling total. Given that the installation of add-on control 
equipment is not cost-effective for the potato drying operation, EPA 
agrees that the provisions in Amendment 2 of the Tatermeal Air 
Emission License A-459-72-B-R constitute RACT for the Tatermeal 
facility.
    As with the other SIP revisions in Maine's submittals that we 
propose to approve today, Amendment 2 satisfies EPA's 
enforceability analysis. We note, in particular, that although 
Amendment 2 incorporates two documents that

[[Page 15334]]

were not included in Maine's August 27, 2009 SIP submittal, Air 
Emission License A-459-72-B-R and Amendment A-459-71-C-M, EPA's 
evaluation of these documents indicates that they are consistent with 
the terms of Amendment 2. Additionally, although Amendment 
2 only restricts the total annual amount and not the type of 
fuel oil combusted by the Tatermeal facility, enforceability of the VOC 
emission limitation in Amendment 2 is not affected because 
Tatermeal is required to use only 6 fuel oil under Condition 
12(f) of Air Emission License A-459-72-B-R--a condition derived from a 
Best Practicable Treatment determination made pursuant to an EPA-
approved SIP permitting program.
    With respect to the CTGs issued in 2006 and later, Maine has 
submitted a number of regulations addressing some of these 11 CTGs. In 
this rulemaking, EPA is proposing to approve two amended regulations 
and one newly adopted regulation, covering a total of four of the 11 
CTGs issued since 2006. The state must still address the remaining 
seven CTGs. EPA's evaluation of these regulations is presented below.
    1. Maine's CMR Chapter 123, Paper Coating Regulation, was approved 
into the Maine SIP on February 3, 1992 (57 FR 3946), as meeting the May 
1977 CTG requirements for controlling VOC emissions from surface 
coating of paper (Control of Volatile Organic Emissions from Stationary 
Sources--Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, 
Automobiles and Light-Duty Trucks, EPA-450/2-77-008). Maine's revised 
CMR Chapter 123, Control of Volatile Organic Compounds from Paper, Film 
and Foil Coating Operations, submitted to EPA as a SIP revision on June 
1, 2010, adds VOC emissions control requirements for film and foil 
surface coatings, as well as incorporating work practices to minimize 
VOC emissions. EPA finds that this regulation is generally consistent 
with the relevant EPA guidance (Control Techniques Guideline for Paper, 
Film, and Foil Coatings; September 2007, EPA-453/R-07-003). Also, 
because the revised Chapter 123 rule is more stringent than the 
previously approved paper, film, and foil coating operations VOC 
requirements, the revised regulation satisfies the section 110(l) anti-
backsliding requirements of the CAA.
    2. Maine's newly adopted CMR Chapter 161, Graphic Arts--Offset 
Lithography and Letterpress Printing, submitted on October 26, 2010, 
requires offset lithography and letterpress printing operations to 
control VOC emissions from inks, fountain solutions, and cleaning 
materials used in graphic arts. EPA finds that the emission limits, 
work practices, test methods, record keeping, and monitoring 
requirements in the rule are consistent with the relevant EPA guidance 
(Control Techniques Guideline for Offset Lithographic Printing and 
Letterpress Printing, September 2006, EPA-453/R-06-002).
    3. Maine's CMR Chapter 129, Surface Coating Facilities, was 
approved into the Maine SIP on June 17, 1994 (59 FR 31154), as meeting 
RACT requirements under the 1-hour ozone standard for several CTG 
surface coating categories. CMR Chapter 129 addressed the requirements 
of the June 1978 flat wood paneling CTG (June 1978, EPA-450/2-78-032) 
and the requirements of the December 1977 metal furniture coatings CTG 
(December 1977, EPA-450/2-77-032). The amended CMR Chapter 129 rule was 
submitted to EPA as a SIP revision on May 3, 2011 to address the 
updated Flat Wood Paneling Coatings CTG, issued in September 2006 
(September 2006, EPA-453/R-06-004), by expanding the type of paneling 
regulated, covering exterior siding and tileboard, lowering the 
applicability threshold of the rule, and clarifying the units of 
measurements by which VOC emission limits are expressed. The amended 
CMR Chapter 129 also addresses the Metal Furniture Coatings CTG, issued 
in September 2007 (September 2007, EPA-453/R-07-005), by specifying VOC 
limits for eight types of coatings used on metal furniture and lowering 
the applicability threshold of the rule. EPA finds that Maine's amended 
CMR Chapter 129 regulation is consistent with the updated CTGs for flat 
wood paneling and metal furniture coatings. Also, because the revised 
Chapter 129 rule is more stringent than the previously approved flat 
wood paneling and metal furniture coatings VOC requirements, the 
revised regulation satisfies the section 110(l) anti-backsliding 
requirements of the CAA.
    EPA has also evaluated Maine's amended CMR Chapter 152 regulation, 
Control of VOC emissions from Consumer Products. CMR Chapter 152, as 
approved on October 24, 2005 (70 FR 61382), was based on an OTC model 
rule developed in 2001. This regulation initially limited the VOC 
content of consumer products in approximately 80 categories. The 
amended CMR Chapter 152 regulation reflects a more recent model rule 
developed by the OTC in 2006, which includes 18 additional categories 
of regulated consumer products, places limits on certain toxic 
compounds in some consumer products, streamlines the reporting 
requirements, and clarifies the sell-through period for products 
manufactured prior to the rule's effective date. EPA finds that the 
amended CMR Chapter 152 rule is consistent with EPA guidance and the 
2006 OTC model rule for consumer products. In addition, because the 
revised Chapter 152 rule is more stringent than the previously approved 
consumer products VOC requirements, the revised regulation satisfies 
the anti-backsliding requirements of the CAA section 110(l).

IV. Proposed Action

    EPA's review of Maine's SIP revisions indicates that these 
regulations and Amendment 2 of the Tatermeal Air Emission 
License A-459-72-B-R constitute RACT. EPA is proposing to approve 
Maine's RACT demonstration for meeting the State's SIP revision 
obligation as of September 15, 2006 in relation to the 1997 8-hour 
ozone standard. EPA is also proposing to approve the following Maine 
regulations and incorporate them into the Maine SIP: revised CMR 
Chapter 131, Cutback Asphalt and Emulsified Asphalt Regulation; revised 
CMR Chapter 123, Control of Volatile Organic Compounds from Paper, Film 
and Foil Coating Operations; revised CMR Chapter 129, Surface Coating 
Facilities; revised CMR Chapter 152, Control of Volatile Organic 
Compounds from Consumer Products; and newly adopted CMR Chapter 161, 
Graphic Arts--Lithography and Letterpress Printing. Finally, EPA is 
proposing to approve Amendment 2 of the Air Emission License 
A-459-72-B-R for the Tatermeal facility and incorporate Amendment 
2 into the Maine SIP.
    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking final action. Interested parties may participate in the 
Federal rulemaking procedure by submitting written comments to the EPA 
New England Regional Office listed in the ADDRESSES section of this 
Federal Register.

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

[[Page 15335]]

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.);
     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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: March 8, 2012.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
[FR Doc. 2012-6274 Filed 3-14-12; 8:45 am]
BILLING CODE 6560-50-P