Approval and Promulgation of Air Quality Implementation Plans; Maine; VOC RACT Catch-ups

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ME-8-1-6282; A-1-FRL-4854-8]

Approval and Promulgation of Air Quality Implementation Plans;

Maine; VOC RACT Catch-ups

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the Maine Department of Environmental Protection (DEP) on

January 8, 1993. This SIP revision contains regulations which require

the implementation of reasonably available control technology (RACT)

for various types of volatile organic compound (VOC) sources. The EPA

has evaluated this SIP revision and is approving it under the Clean Air

Act, as amended in 1990.

EFFECTIVE DATE: This final rule will become effective on July 18, 1994.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours, by

appointment at the Air, Pesticides and Toxics Management Division, U.S.

Environmental Protection Agency, Region I, One Congress Street, 10th

floor, Boston, MA; Air Docket 6102, U.S. Environmental Protection

Agency, 401 M Street, SW., Washington, DC 20460; and the Bureau of Air

Quality Control, Department of Environmental Protection, 71 Hospital

Street, Augusta, ME 04333.

FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 565-3166.

SUPPLEMENTARY INFORMATION: On December 1, 1993 (58 FR 63316), EPA

published a notice of proposed rulemaking (NPR) for the State of Maine.

The NPR proposed approval of several regulations adopted by the State

of Maine which require the implementation of RACT for various types of

VOC sources. No public comments were received on the NPR.

Background

Under the pre-amended Clean Air Act, ozone nonattainment areas were

required to adopt RACT rules for sources of VOC emissions. EPA issued

three sets of control technique guidelines (CTGs) documents,

establishing a ``presumptive norm'' for RACT for various categories of

VOC sources. The three sets of CTGs were: (1) Group I--issued before

January 1978 (15 CTGs); (2) Group II--issued in 1978 (9 CTGs); and (3)

Group III--issued in the early 1980's (5 CTGs). Those sources not

covered by a CTG were called non-CTG sources. EPA determined that the

area's SIP-approved attainment date established which RACT rules the

area needed to adopt and implement. Under section 172(a)(1), ozone

nonattainment areas were generally required to attain the ozone

standard by December 31, 1982. Those areas that submitted an attainment

demonstration projecting attainment by that date were required to adopt

RACT for sources covered by the Group I and II CTGs. Those areas that

sought an extension of the attainment date under section 172(a)(2) to

as late as December 31, 1987 were required to adopt RACT for all CTG

sources and for all major (i.e., 100 ton per year or more of VOC

emissions) non-CTG sources.

Under the pre-amended Clean Air Act, Maine was designated as rural

nonattainment and, therefore, was required to adopt regulations

pursuant to the Group I and Group II CTGs for major sources. Based on

monitored ozone exceedances in Maine, EPA notified the Governor of

Maine on May 25, 1988 and November 8, 1988 that portions of the SIP

were inadequate to attain and maintain the ozone standard and requested

that deficiencies in the existing SIP be corrected (EPA's SIP-Call). On

November 15, 1990, amendments to the 1977 CAA were enacted. Public Law

101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended

Section 182(a)(2)(A) of the CAA, Congress statutorily adopted the

requirement that pre-enactment ozone nonattainment areas that retained

their designation of nonattainment and were classified as marginal or

above fix their deficient RACT rules for ozone by May 15, 1991.

Pursuant to the amended CAA, two counties in Maine were classified as

marginal (these two counties constitute one marginal ozone

nonattainment area) and seven counties in Maine were classified as

moderate (these seven counties constitute three moderate ozone

nonattainment areas). 56 FR 56694 (Nov. 6, 1991). The State submitted

revisions to meet the RACT fix-up requirement and EPA approved these

revisions to the Maine SIP on February 3, 1992 and March 22, 1993 (57

FR 3946 and 58 FR 15281).

Section 182(b)(2) of the amended Act requires States to adopt RACT

rules for all areas designated nonattainment for ozone and classified

as moderate or above. There are three parts to the section 182(b)(2)

RACT requirement: (1) RACT for sources covered by an existing CTG--

i.e., a CTG issued prior to the enactment of the CAAA of 1990; (2) RACT

for sources covered by a post-enactment CTG; and (3) all major sources

not covered by a CTG, i.e., non-CTG sources. This RACT requirement

which applies to nonattainment areas that previously were exempt from

certain RACT requirements requires areas to ``catch up'' to those

nonattainment areas that became subject to those requirements during an

earlier period. In addition, it requires newly designated ozone

nonattainment areas to adopt RACT rules consistent with those for

previously designated nonattainment areas. As previously mentioned, the

State of Maine contains three moderate ozone nonattainment areas. These

areas are thus subject to the section 182(b)(2) RACT catch-up

requirement.

Also, the State of Maine is located in the Northeast Ozone

Transport Region (OTR). The entire State is, therefore, subject to

section 184(b) of the amended CAA. Section 184(b) requires that RACT be

implemented for all VOC sources covered by a CTG issued before or after

the enactment of the CAAA of 1990 and for all major VOC sources

(defined as 50 tons per year or greater for sources in the OTR).

Since Maine had previously submitted regulations for bulk gasoline

terminals, fixed roof petroleum tanks, and paper coating sources

pursuant to the RACT fix-up requirement, in order to meet the RACT

catch-up requirement, the State must, therefore, adopt regulations (or

affirm that no sources exist) for the remaining 26 CTG categories as

well as adopt rules for all major non-CTG sources. (Rules for non-CTG

sources are not part of this SIP revision and will not be further

discussed in this document).

EPA's Evaluation of Maine's Submittal

In response to the RACT catch-up requirement, on May 14, 1992 and

June 12, 1992, Maine submitted negative declarations for the CTG

categories listed below.

1. Surface coating of coils.

2. Surface coating of magnet wire.

3. Surface coating of large appliances.

4. Surface coating of automobiles and light duty trucks.

5. Manufacturing of synthesized pharmaceuticals.

6. Manufacturing of pneumatic rubber tires.

7. Manufacturing of vegetable oil.

8. Air oxidation processes in synthetic organic chemical

manufacturing industry.

9. Manufacturing of high density polyethylene, polypropylene and

polystyrene resins.

10. Leaks from synthetic organic chemical and polymer

manufacturing.

11. Petroleum liquid storage in external floating roof tanks.

12. Equipment leaks from natural gas/gasoline processing plants.

13. Petroleum refinery processes.

14. Leaks from petroleum refinery equipment.

15. Large petroleum dry cleaners.

Through the negative declaration, the State of Maine is asserting

that there are no sources within the State that would be subject to a

rule for that source category. EPA is approving this negative

declaration submittal as meeting the section 182(b)(2) and section

184(b) RACT requirements for the source categories listed.

After submitting the above negative declarations, Maine then

proceeded with the process of adopting regulations to control the

remaining CTG categories which include surface coating processes,

solvent metal cleaning, graphic arts operations, the use of cutback

asphalt, and gasoline marketing operations. Maine's gasoline marketing

RACT catch-up regulations are not a part of this SIP revision, and will

not be further discussed in this notice.

The VOC regulations that are included in Maine's January 13, 1993

SIP submittal are briefly summarized below.

Chapter 100: Definitions Regulation

This regulation was amended to include the following 19 newly

adopted definitions: as applied, capture system, carbon adsorber,

condensate, condenser, continuous emission monitor, control system,

double block-and-bleed system, exempt VOC compounds, gaseous excess

emissions, leak, maximum true vapor pressure, open-ended valve or line,

organic compound, overall VOC emission reduction efficiency, pressure

release, solvent, standard atmospheric conditions, and VOC incinerator.

Chapter 129: Surface Coating Facilities

This regulation contains requirements for limiting the VOC

emissions from the surface coating of cans, fabric, vinyl, metal

furniture, flatwood paneling, and miscellaneous metal parts and

products. Surface coating facilities may comply with this regulation

through the use of low VOC coatings, daily-weighted averaging, and/or

add-on control equipment.

Chapter 130: Solvent Degreasers

This regulation contains equipment and operation standards for

solvent degreasing operations. These requirements apply to cold

cleaners, open-top vapor degreasers and conveyorized degreasers.

Chapter 131: Cutback and Emulsified Asphalt

This regulation contains prohibitions regarding the mixing,

storage, use, and application of cutback and emulsified asphalts.

Chapter 132: Graphic Arts-Rotogravure and Flexography

This regulation contains requirements to limit the emissions from

rotogravure and flexographic printing operations. Graphic arts

facilities may comply with these requirements through the use of low

VOC coatings, daily-weighted averaging, and/or add-on control

equipment.

EPA has evaluated Maine's VOC regulations and has found that they

are consistent with EPA model regulations and the applicable CTG

documents. As such, EPA believes that the submitted rules constitute

RACT for the applicable sources. By this action, EPA is approving

Maine's submittal as meeting the requirements of sections 182(b)(2) and

184(b)(1)(B) for the applicable VOC sources. Maine's regulations and

EPA's evaluation are detailed in a memorandum, dated July 16, 1993,

entitled ``Technical Support Document--Maine--VOC RACT Catch-ups.''

Copies of that document are available, upon request, from the EPA

Regional Office listed in the ADDRESSES section of this document.

Final Action

EPA is approving Maine's Chapter 100 ``Definitions Regulation,''

Chapter 129 ``Surface Coating Facilities,'' Chapter 130 ``Solvent

Degreasers,'' Chapter 131 ``Cutback and Emulsified Asphalt,'' and

Chapter 132 ``Graphic Arts-Rotogravure and Flexography'' as meeting the

requirements of sections 182(b)(2) and 184(b) of the CAA for the

following categories of VOC sources: the surface coating of cans,

fabric, vinyl, metal furniture, flatwood paneling, and miscellaneous

metal parts and products; solvent metal cleaning; the use of cutback

asphalt; and rotogravure and flexographic printing operations. EPA is

also approving the negative declarations submitted by the State of

Maine as meeting the requirements of sections 182(b)(2) and 184(b) of

the CAA for the 15 source categories for which negative declarations

were submitted.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

As noted elsewhere in this action, EPA received no adverse public

comment on the proposed action. As a direct result, the Regional

Administrator has reclassified this action from Table 2 to Table 3

under the procedures published in the Federal Register on January 19,

1989 (54 FR 2214-2225). On January 6, 1989, the Office of Management

and Budget (OMB) waived Table 2 and Table 3 SIP revisions from the

requirement of section 3 of Executive Order 12291 for a period of two

years. The EPA has submitted a request for a permanent waiver for Table

2 and Table 3 SIP revisions. The OMB has agreed to continue the waiver

until such time as it rules on EPA's request. This request continues in

effect under Executive Order 12866 which superseded Executive Order

12291 on September 30, 1993.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410 (a)(2).

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State implementation plan. Each request for revision to

the State implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

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 August 16, 1994. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule 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, Hydrocarbons,

Incorporation by reference, Ozone.

Note: Incorporation by reference of the State Implementation

Plan for the State of Maine was approved by the Director of the

Federal Register on July 1, 1982.

Editorial Note: This document was received by the Office of the

Federal Register June 13, 1994.

Dated: February 18, 1994.

Patricia L. Meaney,

Acting Regional Administrator, Region I.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart U--Maine

2. Section 52.1020 is amended by adding paragraph (c)(33) to read

as follows:

Sec. 52.1020 Identification of plan.

* * * * *

(c) * * *

(33) Revisions to the State Implementation Plan submitted by the

Maine Department of Environmental Protection on January 8, 1993.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection

dated January 8, 1993 submitting a revision to the Maine State

Implementation Plan.

(B) Revised Chapter 100 of the Maine Department of Environmental

Protection Regulations, ``Definitions'' effective in the State of Maine

on February 10, 1993.

(C) Chapter 129 of the Maine Department of Environmental Protection

Regulations, ``Surface Coating Facilities'' effective in the State of

Maine on February 10, 1993.

(D) Chapter 130 of the Maine Department of Environmental Protection

Regulations, ``Solvent Degreasers'' effective in the State of Maine on

February 10, 1993.

(E) Chapter 131 of the Maine Department of Environmental Protection

Regulations, ``Cutback and Emulsified Asphalt'' effective in the State

of Maine on February 10, 1993.

(F) Chapter 132 of the Maine Department of Environmental Protection

Regulations, ``Graphic Arts--Rotogravure and Flexography'' effective in

the State of Maine on February 10, 1993.

(G) Appendix A ``Volatile Organic Compounds Test Methods and

Compliance Procedures'' incorporated into Chapters 129 and 132 of the

Maine Department of Environmental Protection Regulations, effective in

the State of Maine on February 10, 1993.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

Sec. 52.1031 [Amended]

3. In Sec. 52.1031, Table 52.1031 is amended by adding a new entry

to existing state citation ``Chapter 100'' and by adding new state

citations ``Chapter 129,'' ``Chapter 130,'' ``Chapter 131,'' and

``Chapter 132'' to read as follows:

Table 52.1031.--EPA-Approved Rules and Regulations

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Date

State citation Title/Subject adopted by Date approved by EPA Federal Register 52.1020

State citation

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* * * * * * *

Chapter:

100......... Definitions.............. 01/06/93 [Insert date of [Insert FR citation from (c)(33) Revised to add

publication]. published date]. definitions associated

with VOC RACT rules

* * * * * * *

129......... Surface coating 01/06/93 [Insert date of [Insert FR citation from (c)(33) Includes surface coating

Facilities. publication]. published date]. of: cans, fabric,

vinyl, metal furniture,

flatwood paneling, and

miscellaneous metal

parts and products

130......... Solvent Degreasers....... 01/06/93 [Insert date of [Insert FR citation from (c)(33)

publication]. published date].

131......... Cutback and Emulsified 01/06/93 [Insert date of [Insert FR citation from (c)(33)

Asphalt. publication]. published date].

132......... Graphic Arts: Rotogravure 01/06/93 [Insert date of [Insert FR citation from (c)(33)

and Flexography. publication]. published date].

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[FR Doc. 94-14723 Filed 6-16-94; 8:45 am]

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