[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Proposed Rules]
[Pages 46552-46555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18532]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2008-0446; A-1-FRL- 9842-2]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Regulations Limiting Emissions of Volatile Organic
Compounds and Nitrogen Oxides
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to approve State Implementation Plan
(SIP) revisions submitted by the Commonwealth of Massachusetts. These
are revisions to existing air pollution control requirements for
stationary sources of volatile organic compounds (VOCs) and nitrogen
oxides (NOX). This action is being taken under the Clean Air
Act.
DATES: Written comments must be received on or before September 3,
2013.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2008-0446 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2008-0446,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5
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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 to 4:30, excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2008-0446. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 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
State Air Agency; Division of Air Quality Control, Department of
Environmental Protection, One Winter Street, 8th Floor, Boston, MA
02108.
FOR FURTHER INFORMATION CONTACT: Bob McConnell, 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) 918-1046, fax number (617) 918-
0046, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. Additionally, the phrase ``the
Commonwealth'' refers to the Commonwealth of Massachusetts.
Organization of this document. The following outline is provided to
aid in locating information contained in this preamble.
I. Background and Purpose
II. Summary of State's Submittal
a. Revisions to 310 CMR 7.00, Definitions.
b. Revisions to 310 CMR 7.05, Fuels All Districts.
c. Revisions to 310 CMR 7.18, Volatile and Halogenated Organic
Compounds.
d. Revisions to 310 CMR 7.19, Reasonably Available Control
Technology (RACT) for Sources of Oxides of Nitrogen
(NOX).
e. Revisions to 310 CMR 7.24, Organic Material Storage and
Distribution.
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On July 11, 2001, and September 14, 2006, the Massachusetts
Department of Environmental Protection (DEP) submitted two separate
requests for proposed revisions to its SIP. The July 11, 2001 submittal
was supplemented with two additional submittals, one on August 9, 2001,
and a second on January 18, 2002 (collectively referred to herein as
the July 11, 2001 submittal).
The July 11, 2001 submittal includes revisions to Title 310 of the
Code of Massachusetts Regulations (CMR), section 7.19, Reasonably
Available Control Technology (RACT) for Sources of Nitrogen Oxides
(NOX). Public hearings were held on July 25, 2000 and July
27, 2000 regarding the Commonwealth's July 11, 2001 submittal.
The September 14, 2006 submittal included revisions to 310 CMR
7.00, Definitions; 7.05, Fuels All Districts; 7.19, RACT for Sources of
NOX; and 7.24, Organic Material Storage and Distribution.\1\
Public hearings were held on February 11, 2004, and February 12, 2004,
regarding the proposed revisions to 310 CMR 7.00, 7.05, 7.18, and 7.19
submitted by the Commonwealth on September 14, 2006. Public hearings
were held on October 18, 2005 and October 19, 2005, regarding the
proposed revisions to 310 CMR 7.00 and 7.24 submitted by the
Commonwealth on September 14, 2006.
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\1\ Note that the September 14, 2006 submittal included
additional revisions (such as 310 CMR 7.06) that were subsequently
withdrawn in a letter from MA DEP to EPA dated January 18, 2013.
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II. Summary of State's Submittal
a. Revisions to 310 CMR 7.00, Definitions
The Commonwealth's submittal includes a number of terms to be added
or revised to 310 CMR 7.00, Definitions. The terms are defined to
facilitate interpretation and understanding, and enhance
enforceability, of the state's air pollution control regulations.
Definitions for 81 terms are included in the Commonwealth's submittal
and we are proposing to incorporate these terms into the Massachusetts
SIP. A list of these terms and the Commonwealth's definitions for them
are included in the Docket for this rulemaking. These definitions as
used in the Commonwealth's regulations that are currently approved into
the Massachusetts SIP are consistent with the applicable requirements
of the Clean Air Act. Among the more significant definitions being
amended are several which pertain to the Commonwealth's new source
review program, as follows: ``Federal potential to emit'';
``nonattainment area''; and ``Potential emissions or potential to
emit.'' These definitions were strengthened and are consistent with
federal requirements under the Clean Air Act.
b. Revisions to 310 CMR 7.05, Fuels All Districts
The Commonwealth's September 16, 2006 submittal included a minor
change
[[Page 46554]]
to 310 CMR 7.05(2), Use of Residual Fuel Oil or Hazardous Waste Fuel.
The change consists of removing landfill gas from the requirements of
the section, as applicability to that fuel source appears to have been
unintentional, and several minor, technical wording changes.
c. Revisions to 310 CMR 7.18, Volatile and Halogenated Organic
Compounds
Massachusetts' September 14, 2006 submittal included changes to
previously adopted portions of 310 CMR 7.18, Volatile and Halogenated
Organic Compounds. The majority of the changes were minor and designed
to improve the clarity of the regulation. A brief summary of the more
substantive changes is provided below.
Within 310 CMR 7.18(1), Applicability and Handling Requirements,
the requirements for coating mixing tanks were strengthened by adding
tank cover requirements.
Within 310 CMR 7.18(2), Compliance with Emission Limits, a
provision allowing daily-weighted averaging of coating limits was
inserted to provide greater flexibility to operators. This compliance
option is consistent with EPA's policy for coating regulations. See
EPA's ``Model VOC Rules for RACT,'' dated June, 1992.
Within 310 CMR 7.18(8), Solvent Metal Degreasing, an exemption was
added for aqueous cleaners that meet specified criteria. This is a non-
significant amendment because the exemption applies to water-based
cleaners.
Within 310 CMR 7.18(11), Surface Coating of Miscellaneous Metal
Parts and Products, revised wording was provided to clarify exemption
eligibility requirements.
Within 310 CMR 7.18(19), Synthetic Organic Chemical Manufacture,
revised language was provided to clarify the submittal date for
quarterly reporting.
Within 310 CMR 7.18(20), Emission Control Plans for Implementation
of RACT, revised language clarifies an exemption for certain facilities
issued approvals pursuant to 310 CMR 7.02, Plan Approvals. A provision
allowing for additional requirements, such as stack testing or
emissions monitoring, that would be added to emission control plans was
also incorporated into this section.
Within 310 CMR 7.18, language that strengthens compliance
obligations by adding federally-enforceable emission limits, was added
to the following sections: of 310 CMR 7.18: (21), Surface Coating of
Plastic Parts; (22), Leather Surface Coating; (23), Wood Products
Surface Coating, (24), Flat wood Paneling Surface Coating; (25), Offset
Lithographic Printing; and, (26), Textile Finishing.
Section 7.18(27), Coating Mixing Tanks, within which several minor
wording changes were made to improve the clarity of the regulation.
Within 310 CMR 7.18(28), Automotive Refinishing, new emission
limits were established for multi-colored topcoats. Additionally, new
labeling and recordkeeping requirements were added, and exemptions for
touch up coatings, stencil coatings, and coatings sold in non-
refillable aerosol containers were added to the automotive refinishing
requirements. The exempted applications are reasonable and all pertain
to very low volume applications.
EPA's automotive refinishing regulation similarly exempts such
coatings. See 40 CFR Part 59 Subpart B.
d. Revisions to 310 CMR 7.19, RACT for Sources of Oxides of Nitrogen
As noted earlier in this notice, on July 11, 2001, the Commonwealth
submitted proposed SIP revisions to EPA. This submittal was
supplemented with additional materials sent to EPA on August 9, 2001
and January 18, 2002. Included within these submittals was an addition
to the list of sources exempt from NOX RACT. Specifically,
an exemption from NOX RACT requirements was added for any
source that obtained a plan approval under 310 CMR 7.02 establishing
best available control technology (BACT) or lowest achievable emission
rate (LAER) that is no less stringent than what would be required for
RACT under 7.19. This amendment is consistent with the requirements of
the Clean Air Act because it ensures a level of NOX control
at least as stringent as that required by RACT. The Commonwealth's
September 16, 2006 submittal contained further revisions to 7.19 which
consisted of minor editorial changes.
e. Revisions to 310 CMR 7.24, Organic Material Storage and Distribution
The Commonwealth's September 16, 2006 submittal contained a change
to the tank inspection requirements located at 310 CMR 7.24(1)(d)(7).
The change removed the requirement that the covers and seals of double
seal system tanks be inspected once every five years. These inspections
must now occur whenever the tank is emptied for non operational reasons
or once every 10 years, whichever is sooner.\2\
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\2\ Emptying of such tanks during inspections causes a release
of VOCs, therefore minimizing the occurrence of such is beneficial.
For example, the EPA document ``Gasoline Distribution Industry--
Stage 1--Background Information for Promulgated Standards''
(November, 1994), notes that emptying and refilling a 150 foot
diameter tank will generate approximately 7 tons of VOC emissions.
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Prior versions of 310 CMR 7.00, 7.05, 7.18, 7.19, and 7.24 have
previously been approved by EPA into the Massachusetts SIP. See 40 CFR
52.1120 and 52.1167. Today's amendments clarify and/or enhance the
enforceability of the existing regulations and on balance would not
result in any increases in VOC or NOX emissions. Therefore,
the anti-backsliding requirements of section 110(l) of the Clean Air
Act are met.
EPA's review of this material indicates that the Commonwealth's
requests are approvable and consistent with the requirements of the
Clean Air Act, and we are therefore proposing approval of them. 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.
III. Proposed Action
As noted earlier in this notice, EPA is proposing to approve SIP
revisions submitted by the Commonwealth of Massachusetts pertaining to
the following sections of 310 CMR: 7.00, Definitions; 7.05, Fuels All
Districts; 7.18, Volatile and Halogenated Organic Compounds; 7.19, RACT
for Sources of Oxides of Nitrogen (NOX); and 7.24, Organic
Material Storage and Distribution.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 23, 2013.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2013-18532 Filed 7-31-13; 8:45 am]
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