Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; RACT for S. Bent and Brothers

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA-12-01-6162; A-1-FRL-5003-6]

Approval and Promulgation of Air Quality Implementation Plans;

Massachusetts; RACT for S. Bent and Brothers

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 Commonwealth of Massachusetts. This revision

establishes and requires reasonably available control technology (RACT)

for S. Bent and Brothers in Gardner, Massachusetts. The intended effect

of this action is to approve a source-specific RACT determination made

by Massachusetts in accordance with commitments specified in its Ozone

Attainment Plan approved by EPA on November 9, 1983. This action is

being taken in accordance with section 110 of the Clean Air Act.

EFFECTIVE DATE: This final rule will become effective on August 29,

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; and Division of Air Quality Control, Department of

Environmental Protection, One Winter Street, 8th floor, Boston, MA

02108.

FOR FURTHER INFORMATION CONTACT: Jeanne Cosgrove, (617) 565-3246.

SUPPLEMENTARY INFORMATION: On May 31, 1991 (56 FR 24765), EPA published

a Notice of Proposed Rulemaking (NPR) for the Commonwealth of

Massachusetts. The NPR proposed approval of a plan approval submitted

by Massachusetts on November 2, 1990 which defined and imposed

reasonably available control technology (RACT) for S. Bent and Brothers

in Gardner, Massachusetts. The NPR indicated that final approval would

be contingent upon the Massachusetts Department of Environmental

Protection (DEP) providing additional technical support documenting

that the limits established for S. Bent represent RACT. A revised Plan

approval was submitted as a SIP revision by Massachusetts on August 26,

1992. This SIP revision provides the additional technical support

requested by EPA in its NPR.

The DEP issued this plan approval pursuant to the requirements

found in 310 CMR 7.18(17), which was approved by EPA on November 9,

1983 (48 FR 51480) as part of Massachusetts' Ozone Attainment Plan.

Massachusetts Regulation 310 CMR 7.18(17), ``Reasonably Available

Control Technology (RACT),'' requires the DEP to determine and impose

RACT on otherwise unregulated stationary sources of VOC with the

potential to emit greater than or equal to 100 tons per year.

Massachusett's revised final approval lowers the VOC content in the

sealer coating category to 5.43 pounds of VOC per gallon of coating

(minus water). Reporting requirements were also amended to track long

term VOC emissions in tons on a 12 consecutive month rolling VOC limit

instead of a 12 month calendar limit.

For the reasons outlined in the Technical Support Document prepared

for this revision, EPA believes that the limits the DEP has established

represent RACT for S. Bent and Brothers.

Other specific requirements of the plan approval and the rationale

for EPA's proposed action are explained in the NPR and will not be

restated here. No public comments were received on the NPR.

Final Action

EPA is approving this plan approval for S. Bent and Brothers as a

revision to the Massachusetts SIP. The plan approval defines and

imposes RACT on S. Bent, a manufacturer and coater of wood furniture in

Gardner, Massachusetts.

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.

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225).

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).

The Office of Management and Budget has exempted this action from

review under Executive Order 12866.

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 September 26, 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

Air pollution control, Hydrocarbons, Incorporation by reference,

Ozone.

Note: Incorporation by reference of the State Implementation

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

the Federal Register on July 1, 1982.

Dated: May 26, 1994.

John P. DeVillars,

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. 7401-7642.

Subpart W--Massachusetts

2. Section 52.1120 is amended by adding paragraph (c)(99) to read

as follows:

Sec. 52.1120 Identification of plan.

* * * * *

(c) * * *

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

Massachusetts Department of Environmental Protection on November 3,

1990 and August 26, 1992 which define and impose reasonably available

control technology to control volatile organic compound emissions from

S. Bent & Brothers in Gardner, Massachusetts.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental

Protection dated August 26, 1992 submitting a revision to the

Massachusetts State Implementation Plan.

(B) Final Air Quality Approval RACT issued to S. Bent by the

Massachusetts Department of Environmental Protection dated and

effective May 22, 1992.

(ii) Additional materials

(A) Letter from the Massachusetts Department of Environmental

Protection dated November 3, 1990 submitting a revision to the

Massachusetts State Implementation Plan.

(B) Final Air Quality Approval RACT issued to S. Bent by the

Massachusetts Department of Environmental Protection dated and

effective October 17, 1990.

(C) Nonregulatory portions of the November 3, 1990 and August 26,

1992 state submittals.

3. In Sec. 52.1167, Table 52.1167 is amended by adding a new entry

to existing state citations for ``310 CMR 7.18(17)'' to read as

follows:

Sec. 52.1167 EPA-approved Massachusetts state regulations.

Table 52.1167.--EPA-Approved Rules and Regulations

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Date submitted by Date approved by Federal Register Comments/unapproved

State citation Title/subject State EPA citation 52.1120 (c) sections

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* * * * * * *

310 CMR 7.18(17)....... RACT......... May 22, 1992...... July 28, 1994..... [Insert FR citation (99)................... RACT Approval for S.

from published date]. Bent & Bros.

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[FR Doc. 94-18411 Filed 7-27-94; 8:45 am]

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