Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; RACT for Nichols and Stone Company

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA-26-1-6173a; A-1-FRL-5123-5]

Approval and Promulgation of Air Quality Implementation Plans;

Massachusetts; RACT for Nichols and Stone Company

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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 Nichols & Stone Company in Gardner, MA. The intended effect of this

action is to approve a source specific RACT determination made by

Massachusetts in accordance with the 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.

DATES: This final rule is effective March 7, 1995, unless notice is

received by February 6, 1995 that adverse or critical comments will be

submitted. If the effective date is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Comments may be mailed to Linda M. Murphy, Director, Air,

Pesticides and Toxics Management Division, U.S. Environmental

Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.

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 July 19, 1993 and October 27, 1993, the

Massachusetts Department of Environmental Protection (DEP) submitted a

formal revision to its State Implementation Plan (SIP). The SIP

revision consists of a final plan approval issued to Nichols & Stone

Company, effective June 30, 1993. The plan approval establishes and

requires reasonably available control technology (RACT) to control

volatile organic compound (VOC) emissions from Nichols & Stone in

Gardner, Massachusetts.

Summary of SIP Revision

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.

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 Nichols & Stone.

The plan approval, dated June 30, 1993, requires Nichols & Stone to

meet a 12 month rolling average VOC limit of 98 tons for the entire

facility. To ensure short term compliance and enforceability, the MA

DEP has set the following emission limitations on the VOC content in

the coatings as applied to the wood furniture:

------------------------------------------------------------------------

Lbs. VOC/

gallon of

coating

Description of coating (less

water) as

applied

------------------------------------------------------------------------

Stains..................................................... 6.63

Sealers.................................................... 4.91

Black Undercoat............................................ 6.29

Lacquer Sheen topcoat (to be used specifically for the

college chair business)................................... 5.6

Topcoats (except for lacquer sheens)....................... 4.7

Toner...................................................... 6.67

colored lacquer............................................ 6.11

------------------------------------------------------------------------

Other RACT conditions include high volume low pressure (HVLP)

technology, good housekeeping practices and recordkeeping/monitoring

requirements. Nichols & Stone is required to minimize air emissions by

using HVLP technology for all finishing operations, except for staining

of chairs which use flow coaters, decorative hand painting and small

touch up/repair work. Small touch up/repair work using air-assisted

spray guns must not exceed 5 gallons of coating per day for the entire

facility. All VOC formulations must be stored in covered containers.

Spray guns must be enclosed during cleaning or cleaned without

solvents. To evaluate compliance, the plan approval requires Nichols &

Stone to maintain daily records of the identity, quantity and VOC

content of each coating as applied.

EPA is publishing this action without prior proposal because the

Agency [[Page 2017]] views this as a noncontroversial amendment and

anticipates no adverse comments. However, in a separate document in

this Federal Register publication, EPA is proposing to approve the SIP

revision should adverse or critical comments be filed. This action will

be effective on March 7, 1995 unless, within 30 days of its

publication, adverse or critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by simultaneously publishing a subsequent

notice that will withdraw the final action. All public comments

received will then be addressed in a subsequent final rule based on

this action serving as a proposed rule. The EPA will not institute a

second comment period on this action. Any parties interested in

commenting on this action should do so at this time. If no such

comments are received, the public is advised that this action will be

effective on March 7, 1995.

FINAL ACTION: EPA is approving the conditions described above as RACT

for Nichols & Stone Company.

Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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. Secs. 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), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. A future notice will inform the general public of

these tables. 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 U.S.

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 U.S. 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. Sec. 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 March 7, 1995. 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 Massachusetts was approved by the Director of

the Federal Register on July 1, 1982.

Dated: September 18, 1994.

John DeVillars,

Regional Administrator, Region I.

Part 52 of 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 W--Massachusetts

2. Section 52.1120 is amended by adding paragraph (c)(100) to read

as follows:

Sec. 52.1120 Identification of plan.

* * * * *

(c) * * *

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

Massachusetts Department of Environmental Protection on July 19, 1993.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental

Protection dated July 19, 1993 submitting a revision to the

Massachusetts State Implementation Plan.

(B) Plan approval no. C-P-93-011, effective June 30, 1993, which

contains emissions standards, operating conditions, and recordkeeping

requirements applicable to Nichols & Stone Company in Gardner,

Massachusetts.

(ii) Additional materials.

(A) Letter dated October 27, 1993 from Massachusetts Department of

Environmental Protection submitting certification of a public hearing.

* * * * *

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 Federal Register 52.1120 Comments/unapproved

State citation Title/subject State Date approved by EPA citation (c) sections

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* * * * * * *

310 CMR 7.18(17) RACT.................. July 19, 1993........ January 6, 1995...... [Insert FR citation 100 RACT Approval for

from published date]. Nichols & Stone Co.

[[Page 2018]]

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[FR Doc. 95-292 Filed 1-5-95; 8:45 am]

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