Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; VOC RACT for Brittany Dyeing and Printing

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA-30-1-6846a; A-1-FRL-5158-4]

Approval and Promulgation of Air Quality Implementation Plans;

Massachusetts; VOC RACT for Brittany Dyeing and Printing

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 consists

of a reasonably available control technology (RACT) Plan Approval for

controlling volatile organic compound (VOC) emissions from Brittany

Dyeing and Printing Corporation of New Bedford, Massachusetts. The

intended effect of this action is to approve a source-specific RACT

determination made by the Commonwealth of Massachusetts in accordance

with commitments of its approved 1982 ozone attainment plan. This

action is being taken in accordance with the Clean Air Act.

DATES: This final rule is effective May 5, 1995, unless notice is

received by April 5, 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; Air and Radiation Docket and Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW., (LE-131), Washington, DC 20460;

and Division of Air Quality Control, Department of Environmental

Protection, One Winter Street, 8th Floor, Boston, MA 02108.

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

SUPPLEMENTARY INFORMATION: On March 31, 1994, the Commonwealth of

Massachusetts submitted a formal revision to its State Implementation

Plan (SIP). The SIP revision consists of a reasonably available control

technology (RACT) Plan Approval for controlling volatile organic

compound (VOC) emissions from Brittany Dyeing and Printing Corporation

of New Bedford, Massachusetts.

Background Information

On November 9, 1983 (48 FR 51480), EPA approved Massachusetts

Regulation 310 CMR 7.18(17) ``Reasonably Available Control

Technology,'' as part of the Commonwealth of Massachusetts 1982 ozone

attainment plan. This regulation requires the Massachusetts Department

of Environmental Protection to determine and impose RACT on all

facilities with the potential to emit one hundred tons per year or more

of VOC that are not already subject to Massachusetts' regulations

developed pursuant to the EPA Control Techniques Guideline (CTG)

documents.1

\1\ On February 12, 1993, Massachusetts revised 310 CMR 7.18(17)

to apply to 50 ton per year facilities pursuant to Section 182 of

the Clean Air Act Amendments of 1990. This revised rule has not yet

been approved into the Massachusetts SIP.

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Summary of SIP Revision

On March 31, 1994, Massachusetts submitted a RACT Plan Approval for

Brittany Dyeing and Printing. EPA has reviewed this Plan Approval

against the [[Page 12124]] applicable statutory requirements and for

consistency with EPA guidance. Massachusetts' Plan Approval and EPA's

evaluation are detailed in a memorandum dated December 21, 1994,

entitled ``Technical Support Document--Massachusetts--Brittany Dyeing

and Printing Corporation.'' Copies of that document are available, upon

request, from the EPA Regional Office listed in the ADDRESSES section

of this document. A summary of EPA's analysis is provided below.

Brittany has four 310 CMR 7.18(17) RACT applicable VOC emitting

processes at its textile processing facility: Fabric printing, fabric

finishing, fabric dyeing, and process cleaning. Brittany's total 1990

VOC emissions were 172.1 tons.

Brittany has significantly reduced its VOC emissions by

reformulating its printing pastes and finish formulations. Fabric

printing and fabric finishing are the main source of VOC emissions at

Brittany. Together these processes account for 93.6 percent of the

facility's total 1990 VOC emissions. Although there is no CTG document

for the fabric printing and finishing operations at Brittany, a CTG

does exist for graphic arts printing (Control of Volatile Organic

Emissions from Existing Stationary Sources--Volume VIII: Graphic Arts--

Rotogravure and Flexography; EPA-450/2-78-033) which covers a printing

process that is similar to the fabric printing and finishing operations

at Brittany. This CTG recommends a 65 percent overall reduction in VOC

emissions from packaging rotogravure and a 75 percent overall reduction

for publication rotogravure when using add-on controls. Furthermore,

EPA has determined that a 0.5 pounds of VOC per pound of solids

emission limit constitutes RACT for flexographic and packaging

rotogravure printing.

The DEP has determined that an emission limit of 0.5 pounds of VOC

per pound of solids represents RACT for both the fabric printing and

the fabric finishing processes at Brittany. These emissions limits,

which are consistent with those imposed on facilities covered by the

Graphic Arts printing CTG, are reasonable limits. The 0.5 pounds of VOC

per pound of solids limits are also consistent with a previously

approved RACT Plan for Duro Textile Printers of Fall River,

Massachusetts (54 FR 46896).

DEP has also determined that an emissions limit of 0.5 pounds of

VOC per pound of solids represents RACT for the fabric dyeing process

at Brittany. One exception to this limit is allowed for Polyester

Carrier. Once again, the 0.5 pounds of VOC per pound of solids limit

appears reasonable. The exception for Polyester Carrier is also

considered acceptable in light of the following: (1) Fabric dyeing is

responsible for only 0.7 percent of the facility's total 1990

emissions; and (2) DEP is also imposing a 0.4 tons of VOC per year cap

on emissions from this product.

Finally, cleaning activities account for 5 percent of Brittany's

total 1990 VOC emissions. EPA has recently published guidance on

emissions from process cleaning (Alternate Control Techniques

Document--Industrial Cleaning Solvents; EPA-453/R-94-015). This

document indicates that the establishment of a solvents accounting or

tracking system whereby actual solvent usage is tracked (rather than

tracking only the total quantity purchased) leads to a reduction in

emissions from cleaning activities. DEP is requiring that Brittany keep

a separate daily VOC emissions log for cleaning activities and is also

imposing annual caps on VOC emissions from specific cleaning products.

Brittany's compliance with the RACT requirements outlined above

will be determined by the VOC content of its print pastes, finish

formulations and dyes, and by the amount of solvent used per day.

Brittany is required to keep daily records documenting the use of all

VOC containing material.

EPA's review of Massachusetts' SIP revision indicates that the

requirements contained in Massachusetts Plan Approval No. 4P92012

represent RACT for Brittany. EPA is, therefore, approving the March 31,

1994 Massachusetts SIP revision.

EPA is publishing this action without prior proposal because the

Agency 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 May 5, 1995 unless, by April 5, 1995, 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

document 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 May 5, 1995.

Final Action

EPA is approving Massachusetts' Plan Approval for Brittany Dyeing

Printing Corporation which was submitted as a SIP revision on March 31,

1994. This Plan Approval imposes RACT on Brittany in order to reduce

VOC emissions from this facility.

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 document 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 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.

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.

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

[[Page 12125]] 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 May 5, 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 Commonwealth of Massachusetts was approved by the

Director of the Federal Register on July 1, 1982.

Dated: February 9, 1995.

John P. 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)(104) to read

as follows:

Sec. 52.1120 Identification of plan.

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(c) * * *

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

Massachusetts Department of Environmental Protection on March 31, 1994.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental

Protection dated March 31, 1994 submitting a revision to the

Massachusetts State Implementation Plan.

(B) Final Plan Approval No. 4P92012, dated and effective March 16,

1994 imposing reasonably available control technology on Brittany

Dyeing and Finishing of New Bedford, Massachusetts.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

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

to existing state citation 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 Federal Comments/

State citation Title/subject submitted Date approved by Register 52.1120(c) unapproved

by State EPA citation sections

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* * * * * *

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310 CMR 7.18(17) Reasonably 3/31/94 March 6, 1995... [Insert FR 104 RACT for

Available citation from Brittany

Control published Dyeing and

Technology. date]. Finishing of

New Bedford,

MA.

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[FR Doc. 95-5350 Filed 3-3-95; 8:45 am]

BILLING CODE 6560-50-P