[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Rules and Regulations]
[Pages 65587-65589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26174]



40 CFR Part 52

[EPA-R01-OAR-2014-0243; A-1-FRL-9918-00-Region 1]

Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Volatile Organic Compound Regulations

AGENCY: Environmental Protection Agency.

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving four 
State Implementation Plan (SIP) revisions submitted by the State of 
Maine. These revisions establish Reasonably Available Control 
Technology (RACT) for two categories of volatile organic compound (VOC) 
sources and revise two existing VOC RACT regulations previously 
approved into Maine's SIP. The intended effect of this action is to 
approve these requirements into the Maine SIP. This action is being 
taken under the Clean Air Act (CAA).

DATES: This rule is effective on December 5, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2014-0243. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, 
Boston, MA. EPA requests that if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
legal holidays.
    Copies of the documents relevant to this action are also available 
for public

[[Page 65588]]

inspection during normal business hours, by appointment at the Bureau 
of Air Quality Control, Department of Environmental Protection, First 
Floor of the Tyson Building, Augusta Mental Health Institute Complex, 
Augusta, ME 04333-0017.

Planning Unit, U.S. Environmental Protection Agency, New England 
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), 
Boston, MA 02109-3912, telephone (617) 918-1697, facsimile (617) 918-
0697, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 8, 2014 (79 FR 46384), EPA published a Notice of Proposed 
Rulemaking (NPR) for the State of Maine. In that action, EPA proposed 
approval of Maine's Chapter 159, Control of Volatile Organic Compounds 
from Adhesives and Sealants, and Chapter 154, Control of Volatile 
Organic Compounds from Flexible Package Printing, submitted to EPA as a 
SIP revision on June 20, 2014 and October 26, 2011, respectively. These 
regulations address RACT for the named VOC source categories consistent 
with the relevant Control Technique Guidelines (CTGs) issued by EPA.\1\ 
In addition, EPA proposed approval of revisions to Maine's revised 
Chapter 111, Petroleum Liquid Storage Vapor Controls, and Chapter 112, 
Bulk Terminal Petroleum Liquid Transfer Requirements which further 
reduce VOC emissions from petroleum liquid storage tanks and bulk 
terminals, respectively. Maine's revised Chapters 111 and 112 were 
submitted to EPA as a SIP revision on October 13, 1999, and February 
26, 1998, respectively.

    \1\ EPA's CTGs are posted at http://www.epa.gov/aiqulaity/ozonepollution/SIPToolkit/ctgs.html.

    A detailed discussion of Maine's VOC SIP revisions and EPA's 
rationale for proposing approval of these SIP revisions was provided in 
the NPR and will not be restated here. No public comments were received 
on the NPR.

II. Final Action

    EPA is approving, and incorporating into the Maine SIP, Maine's 
Chapter 159, Control of Volatile Organic Compounds from Adhesives and 
Sealants, and Chapter 154, Control of Volatile Organic Compounds from 
Flexible Package Printing, as meeting RACT for the miscellaneous 
industrial adhesives and flexible package printing CTG categories, 
respectively. In addition, EPA is approving, and incorporating into the 
Maine SIP, Maine's revised Chapter 111, Petroleum Liquid Storage Vapor 
Controls, and revised Chapter 112, Bulk Terminal Petroleum Liquid 
Transfer Requirements, both of which are consistent with CAA 
requirements and with EPA guidance for reducing VOC emissions from 
petroleum liquid storage facilities and from bulk terminals, 

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 5, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping

[[Page 65589]]

requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 27, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:


1. The authority citation for part 52 continues to read as follows:

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

Subpart U--Maine

2. In Sec.  52.1020, the table in paragraph (c) entitled ``EPA-Approved 
Maine Regulations'' is amended by revising entries for Chapters 111 and 
112 and adding entries in numerical order for Chapters 154 and 159 to 
read as follows:

Sec.  52.1020  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                         EPA-Approved Maine Regulations
                                                            State       EPA approval date
         State citation              Title/subject     effective date    and citation \1\       Explanations
                                                  * * * * * * *
Chapter 111....................  Petroleum Liquid           9/29/1999  11/5/2014 [Insert
                                  Storage Vapor                         Federal Register
                                  Control.                              citation].
Chapter 112....................  Bulk Terminal              2/22/1998  11/5/2014 [Insert
                                  Petroleum Liquid                      Federal Register
                                  Transfer                              citation].
                                                  * * * * * * *
Chapter 154....................  Control of Volatile        7/20/2010  11/5/2014 [Insert
                                  Organic Compounds                     Federal Register
                                  from Flexible                         citation].
                                  Package Printing.
                                                  * * * * * * *
Chapter 159....................  Control of Volatile         6/2/2014  11/5/2014 [Insert
                                  Organic Compounds                     Federal Register
                                  from Adhesives and                    citation].
                                                  * * * * * * *
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

* * * * *
[FR Doc. 2014-26174 Filed 11-4-14; 8:45 am]