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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA-19-01-5892a; A-1-FRL-6421-8]

Approval and Promulgation of Air Quality Implementation Plans;

Massachusetts; Volatile Organic Compound Regulations

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 reasonably available control technology (RACT) emission

limits for certain industrial categories. The intended effect of this

action is to fully approve the majority of the Commonwealth's SIP

revision submitted on November 13, 1992 and February 17, 1993. The EPA

is granting approval to the generic RACT rule in Title 310 Code of

Massachusetts Regulations (CMR) section 7.18(17) only in the

Springfield, Massachusetts ozone nonattainment area (Berkshire,

Franklin, Hampden and Hampshire counties). EPA will address 310 CMR

7.18(17) as it applies to the Boston, Massachusetts ozone nonattainment

area in a future action. This action is being taken under section 110

of the Clean Air Act (Act). 42 U.S.C. 7410.

DATES: This rule will become effective November 2, 1999 without further

notice, unless EPA receives relevant adverse comments on the parallel

notice of proposed rulemaking by October 4, 1999. If EPA receives such

comment, then it will publish a document in the Federal Register

informing the public that this rule will not take effect.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,

Office of Ecosystem Protection (mail code CAA), U.S. Environmental

Protection Agency, Region I, 1 Congress Street, Boston, MA 02114-2023.

Copies of the documents relevant to this action are available for

public inspection during normal business hours, by appointment at the

Office Ecosystem Protection, U.S. Environmental Protection Agency,

Region I, One Congress Street, 11th floor, Boston, MA, and at the

Division of Air Quality Control, Department of Environmental

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

FOR FURTHER INFORMATION CONTACT: Jeanne Cosgrove, (617) 918-1669.

SUPPLEMENTARY INFORMATION: On November 13, 1992 and February 17, 1993,

the Massachusetts Department of Environmental Protection (DEP)

submitted a revision to its SIP. The revision consisted of changes and

additions made to Massachusetts' volatile organic compound (VOC) rules

pursuant to the requirements of section 182(b)(2) of the Act, 42 U.S.C.

7511a(b)(2). Changes were made to the following regulations: 310 CMR

7.00, Definitions; 310 CMR 7.03(13), Paint spray booths; 310 CMR

7.18(2), Compliance with emission limitations; 310 CMR 7.18(7),

Automobile surface coating; 310 CMR 7.18(8), Solvent Metal Degreasing;

310 CMR 7.18(11), Surface coating of miscellaneous metal parts and

products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17), Reasonably

available control technology; and 310 CMR 7.24(3), Distribution of

motor vehicle fuel. Additionally, the following new rules were added to

Massachusetts' Code: 310 CMR 7.18(20), Emission control plans for

implementation of reasonably available control technology; 310 CMR

7.18(21), Surface coating of plastic parts; 310 CMR 7.18(22), Leather

surface coating; 310 CMR 7.18(23), Wood products surface coating; 310

CMR 7.18(24), Flat wood paneling surface coating; 310 CMR 7.18(25),

Offset lithographic printing; 310 CMR 7.18(26), Textile finishing; and

310 CMR 7.18(27), Coating mixing tanks.

I. 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 Act, Massachusetts was designated as

nonattainment for ozone and sought an extension of the attainment date

under section 172(a)(2) to December 31, 1987. Therefore, the

Commonwealth was 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. However, the Commonwealth of Massachusetts did not attain the

ozone standard by the approved attainment date. On May 25, 1988, EPA

notified the Governor of Massachusetts 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. The

entire Commonwealth of Massachusetts retained its designation of

nonattainment and was classified as serious nonattainment for ozone. 56

FR 56694 (Nov. 6, 1991). The Commonwealth submitted revisions to meet

the RACT fix-up requirement and EPA has approved those revisions to the

Massachusetts SIP on October 8, 1992, January 11, 1993 and June 30,

1993 (57 FR 46313, 58 FR 3492 and 58 FR 34908.)

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 Clean Air Act

Amendments of 1990; (2) RACT for

[[Page 48298]]

sources covered by a post-enactment CTG; and (3) all major sources not

covered by a CTG. This RACT requirement applies to nonattainment areas

that previously were exempt from certain RACT requirements 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. Subsequent to

the 1990 Clean Air Act, all of Massachusetts was classified as serious

nonattainment for ozone. 56 FR 56694 (Nov. 6, 1991).

Since Massachusetts was previously required to adopt RACT for all

the CTG and major non-CTG sources, the Commonwealth did not need to

adopt any specific additional RACT rules. However, the Commonwealth did

submit a rule for the surface coating of flat wood paneling.

Massachusetts had previously submitted a negative declaration for this

rule, stating that there were no wood paneling sources in

Massachusetts. The Commonwealth is now adopting a wood paneling

regulation because the state has identified such sources. Additionally,

under section 182 of the Act, the major source definition for serious

nonattainment areas was lowered to include sources that have a

potential to emit greater than 50 tons per year of VOC. Therefore, the

Commonwealth needed to lower the applicability cutoff of its non-CTG

and/or relevant CTG-based regulations to include newly classified major

sources in these categories.

In addition, CAA section 184 (b)(1)(B) requires all states in the

Ozone Transport Region (OTR) to impose RACT on all sources covered by a

CTG. Under section 184(b)(2), OTR states must regulate all sources with

potential VOC emissions of 50 tons per year or more as though they were

in a moderate ozone attainment area. All of Massachusetts is part of

the OTR. Therefore, RACT remains a requirement statewide in

Massachusetts even after EPA's recent revocation of the one-hour ozone

standard in Eastern Massachusetts.

VOCs contribute to the production of ground level ozone and smog.

These rules were adopted as part of an effort to achieve the National

Ambient Air Quality Standard (NAAQS) for ozone. The following section

is EPA's evaluation and final action for the following Massachusetts

regulations: 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint spray

booths; 310 CMR 7.18(2), Compliance with emission limitations; 310 CMR

7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal

Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal

parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17),

Reasonably available control technology (as it applies to the

Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission

control plans for implementation of reasonably available control

technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR

7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products

surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating;

310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26),

Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR

7.24(3), Distribution of motor vehicle fuel.

II. EPA Evaluation and Final Action

The Commonwealth has submitted negative declarations for the CTG

categories listed below. Through the negative declarations,

Massachusetts is asserting that it has no sources within its area that

would be subject to a rule for that source category.

Petroleum refinery vacuum producing systems, waste water

separators & process unit turnarounds (Petroleum refinery processes).

Fugitive VOC emissions from petroleum refining (Leaks from

petroleum refinery equipment).

Pharmaceutical manufacture (manufacture of synthesized

pharmaceutical products).

Rubber tire manufacture (Manufacture of pneumatic rubber

tires).

Large petroleum dry cleaners.

Manufacture of high density polyethylene, polypropylene,

and polystyrene resins (Manufacture of high-density polyethylene,

polypropylene and polystyrene resins).

Natural gas/gasoline processing plants (Equipment Leaks

from natural gas/gasoline processing plants).

SOCMI air oxidation processes (Air oxidation processes in

synthetic organic chemical manufacturing industry).

EPA is approving these negative declarations as meeting the section

182(b)(2) and section 184(b) RACT requirements for the source

categories listed. However, if evidence is submitted during the comment

period that there are existing sources within the area that, for

purposes of meeting the RACT requirements, would be subject to one or

more of these rules, if developed, EPA will withdraw final approval

action on the negative declarations.

Massachusetts also submitted revisions to its VOC regulations. In

determining the approvability of a VOC rule, EPA must evaluate the rule

for consistency with the requirements of the Act and EPA regulations,

as found in section 110 and part D of the Act and 40 CFR part 51

(Requirements for Preparation, Adoption, and Submittal of

Implementation Plans). EPA's interpretation of these requirements,

which forms the basis for today's action, appears in various EPA policy

guidance documents. The specific guidance relied on for this action is

referenced within the technical support document and this action. For

the purpose of assisting State and local agencies in developing RACT

rules, EPA prepared a series of CTG documents. The CTGs are based on

the underlying requirements of the Act and specify presumptive norms

for RACT for specific source categories. EPA has not yet developed CTGs

to cover all sources of VOC emissions. Further interpretations of EPA

policy are found in, but not limited to, the following: (1) the

proposed Post-1987 ozone and carbon monoxide policy, 52 FR 45044

(November 24, 1987); (2) the document entitled, ``Issues Relating to

VOC Regulation Cutpoints, Deficiencies, and Deviations, Clarification

to appendix D of November 24, 1987 Federal Register document,''

otherwise known as the ``Blue Book'' (notice of availability was

published in the Federal Register on May 25, 1988 and in the existing

CTGs); (3) the ``Model Volatile Organic Compound Rules for Reasonably

Available Technology,'' (Model VOC RACT Rules) issued as a staff

working draft in June 1992; (4) the document entitled, ``Draft Control

Techniques Guidelines of Control of Volatile Organic Compound Emissions

from Offset Lithographic Printing,'' September 1993; (5) the document

entitled, ``Alternative Control Techniques Document: Offset

Lithographic Printing,'' (EPA 453/R-94-054) June 1994; (6) the document

entitled, ``Alternative Control Techniques Document: Surface Coating of

Automobile/Transportation and Business Machine Plastic Parts,'' (EPA

453/R-94-017), February 1994; and (7) the document entitled, ``Draft

Control Techniques Guidelines of Control of Volatile Organic Compound

Emissions from Wood Furniture Coating Operations, October 1991.'' In

general, these guidance documents have been set forth to ensure that

VOC rules are fully enforceable and strengthen or maintain the SIP.

The changes to Massachusetts's VOC regulations that were included

in the

[[Page 48299]]

November 13, 1992 and February 17, 1993 submittals are summarized

below, along with EPA's action with regard to each measure.

310 CMR 7.00, Definitions

Massachusetts has adopted 47 new and revised definitions which

clarify some of the VOC regulations which EPA is acting upon in this

proposed rulemaking. These definitions are approvable because they

clarify existing and new rules in Massachusetts' VOC regulations.

310 CMR 7.03(13), Paint Spray Booths

The Commonwealth revised this regulation to include citations for

the new VOC regulations added to 310 CMR 7.18. 310 CMR 7.03(13)

currently regulates any new or modified paint spray booths. This

revision is approvable.

310 CMR 7.18(2), Compliance with Emission Limitations

Section (f) was added to this regulation to include an exemption

for noncompliant coatings used in amounts less than 55 gallons in the

aggregate for any consecutive 12 month period. The change is consistent

with EPA's August 10, 1990 policy memorandum from G.T. Helms, Chief of

the Ozone/Carbon Monoxide Programs Branch of the Office of Air Quality

Planning and Standards, entitled, ``Exemption of Low-Use Coatings.''

Section 193 of the Clean Air Act (i.e., the General Savings Clause),

requires that any regulation in effect before the date of the enactment

of the Clean Air Act Amendments of 1990 in any nonattainment area may

only be modified if the modification insures equivalent or greater

reductions of the same pollutant. Although the proposed addition of 310

CMR 7.18(2)(f) represents a small relaxation of existing control

requirements, the requirements of section 193 are met by the reductions

resulting from other changes being approved in this notice.

The Commonwealth has added another section to 310 CMR 7.18(2) to

allow daily weighted averaging, provided the source meets conditions

outlined in the subsection. This addition is consistent given with the

guidance given in section XX.3082 of EPA's Model Rule and is

approvable.

310 CMR 7.18(7), Automobile Surface Coating

The Commonwealth corrected a typographical mistake in its

automobile surface rule. This change does not affect the rule and is

approvable.

310 CMR 7.18(8), Solvent Metal Degreasing

The Commonwealth has revised it's free board ratio from 0.70 to

0.75. This revision is approval and consistent with EPA's Model Rule.

310 CMR 7.18(11), Surface Coating of Miscellaneous Metal Parts and

Products

The Commonwealth corrected a typographical error in section 310 CMR

7.18(11)(a). This change does not affect the rule and is approvable.

310 CMR 7.18(12), Graphic Arts

This regulation was amended to define RACT for graphic arts sources

with potential emissions from all printing operations of 50 tons or

more per year, which were not previously subject to the rule. While

this change is consistent with the requirements of section 182 of the

Act, the Commonwealth has removed the compliance date for sources

previously subject to the rule. The Commonwealth included a section 301

CMR 7.18(12)(e) allowing enforcement action to be taken on a facility

that was not previously in compliance. EPA interprets 310 CMR

7.18(12)(e) to require sources who meet a size cutoff of 100 tons per

year to meet the compliance dates that were in effect from January 1,

1983 until January 1, 1994. For example, Massachusetts' graphic arts

rule that was adopted on August 17, 1990 had a compliance date for 100

ton sources of December 31, 1982, unless granted an approval by the MA

DEP to December 31, 1985. Therefore, sources who met the 100 tons per

year cutoff had to meet the compliance date of December 31, 1982 unless

the MA DEP granted an extension until December 31, 1985. This revision

is approvable.

310 CMR 7.18(17), Reasonably Available Control Technology

This regulation was amended to define RACT for any facility that

has the potential to emit, before add-on control, equal to or greater

than 25 tons per year. Section 182(b)(2) of the CAA requires that a SIP

revision be submitted by November 15, 1992 including ``provisions to

require the implementation of RACT. * * *'' In addition, the necessary

SIP revision is required to ``provide for the implementation of the

required measures as expeditiously as practicable but no later then May

31, 1995.'' This regulation describes a process by which RACT can be

defined but does not specifically define RACT for each source

applicable to the regulation. To receive full approval, Massachusetts

will need to define explicitly, and have approved by EPA, RACT for all

of the sources that are subject to 310 CMR 7.18(17). Because there are

sources in the eastern Massachusetts ozone nonattainment area for which

RACT plans have not yet been approved by EPA, EPA will address 310 CMR

7.18(17) in the Boston Massachusetts ozone nonattainment area in a

separate Federal Register action, along with the case-specific RACT

determinations. Since there are no outstanding RACT determinations in

the Springfield ozone nonattainment area, EPA is approving 310 CMR

7.18(17) as it applies to the Springfield Massachusetts nonattainment

area (i.e., Berkshire, Franklin, Hampden and Hampshire counties).

310 CMR 7.18(20), Emission Control Plans for Implementation of

Reasonably Available Control Technology

This regulation outlines the process by which a facility must

comply with the requirements of RACT under 310 CMR 7.18. This section

says that a source must submit an emission control plan to the

Commonwealth for review and approval. Furthermore, this section lists

what the required elements are in the emission control plan.

310 CMR 7.18(21), Surface Coating of Plastic Parts

This section is added to regulate facilities with plastic parts

coating line(s) which in total have the potential to emit, before add-

on control, equal to or greater than 50 tons per year of VOC and

requires compliance by January 1, 1994. A source can apply for a non-

renewable one year extension of the compliance deadline. This

regulation requires sources who do not have control devices to meet the

following as applied emission limits:

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

Emission

limitations

Emission Source (lbs VOC/gal

solids);

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

Business Machines/Miscellaneous Plastic Parts:

Color Coating....................................... 3.4

[[Page 48300]]

Color/texture Coating............................... 3.4

EMI/RFI............................................. 8.8

Automotive Interior Parts Coating:

Colorcoat........................................... 5.7

Primer.............................................. 6.7

Automotive Exterior Flexible Parts Coating:

Colorcoat........................................... 9.3

Clearcoat........................................... 6.7

Primer.............................................. 11.9

Automotive Exterior Rigid (non-flexible) Parts Coating:

Colorcoat........................................... 9.3

Clearcoat........................................... 6.7

Primer.............................................. 6.7

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

Additionally, the Commonwealth has included the following as

applied emission limits for sources which have add-on control devices:

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

Emission

limitations

Emission source (lbs VOC/gal

solids)

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

Business Machines/Miscellaneous Plastic Parts:

Color Coating....................................... 1.7

Color/texture Coating............................... 1.7

Primer Coating...................................... 1.4

EMI/RFI............................................. 1.9

Automotive Interior Parts Coating:

Colorcoat........................................... 3.6

Primer.............................................. 1.7

Automotive Exterior Flexible Parts Coating:

Colorcoat........................................... 2.8

Clearcoat........................................... 2.4

Primer.............................................. 4.8

Automotive Exterior Rigid (non-flexible) Parts Coating

Colorcoat........................................... 2.8

Clearcoat........................................... 2.4

Primer.............................................. 3.6

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

This regulation is approvable because it is consistent with EPA

guidance and it meets the requirements of the Act.

310 CMR 7.18(22), Leather Surface Coating

The Commonwealth has regulated any leather surface coating line(s)

which in total have the potential to emit before add-on control, equal

to or greater than 50 tons per year of VOC. Compliance is required by

January 1, 1994, unless granted an extension. No leather coater may use

a coating which has an emission limit greater than 27.4 lbs VOC per

gallon solids as applied. This regulation is approvable.

310 CMR 7.18(23), Wood Products Surface Coating

This addition to Massachusetts' rules require facilities with wood

products surface coating line(s) with the potential to emit, before

add-on control, equal to or greater than 50 tons per year of VOC to

meet the following emission limitations:

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

Emission

Limitation

Emission Source (lbs VOC/gal

solids)

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

Semitransparent stain................................... 89.4

Wash coat............................................... 35.6

Opaque stain............................................ 13.0

Sealer.................................................. 23.4

Pigmented coat.......................................... 15.6

Clear topcoat........................................... 23.4

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

A source must comply by January 1, 1994 unless granted a

nonrenewable one year extension. This regulation is approvable and

meets EPA's guidance that was available at the time the rule was

adopted.

310 CMR 7.18(24), Flat Wood Paneling Surface Coating

This regulation requires any flat wood paneling surface coating

line(s) which

[[Page 48301]]

emits, before add-on control equal to or greater than 15 pounds per day

of VOC to comply with the following emission limitations by January 1,

1994:

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

Emission

Limitation

(lbs of VOC

Emission Source per 1000

square feet

coated)

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

Printed hardwood panels and thin particleboard panels... 6.0

Natural finish hardwood plywood panels.................. 12.0

Class II finish on hardboard panels..................... 10.0

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

This regulation is approvable and meets the requirements in EPA's

Model Rule.

310 CMR 7.18(25), Offset Lithographic Printing

The Commonwealth has adopted a regulation which regulates a

facility with offset lithographic presses, which in total have the

potential to emit, before add-on control, equal to or greater than 50

tons per year of VOC. A source subject to this regulation must comply

by January 1, 1994 unless granted a one year extension to January 1,

1995. The requirements for each type of printing press is listed in

Massachusetts' rule and the TSD prepared for this action. This

regulation is approvable.

310 CMR 7.18(26), Textile Finishing

This new regulation applies to any person who owns, leases,

operates or controls a textile finishing facility with potential

emissions of 50 tons per year before add-on control. Sources are

required to comply with the rule by January 1, 1994 unless given a non-

renewable 1 year extension by the Commonwealth. A rotary screen or

roller printing press cannot use a print paste formulation with an

emission limit equal to or greater than 0.5 pounds of VOC per pound of

solids as applied. Additionally, any finishing formulations cannot

contain more than 0.5 pounds of VOC per pound of solids, as applied.

This regulation is approvable because it is consistent with EPA

guidance and it meets the requirements of the Act.

310 CMR 7.18(27), Coating Mixing Tanks

This new section regulates sources who lease, operate or control a

coating mixing tank which emits before add-on control, 15 pounds of VOC

per day. Most of this regulation requires ``good housekeeping''

measures for portable and stationary coating mixing tanks. Any source

which has emissions from coating mixing tanks in excess of 50 tons per

year must submit a plan to the Commonwealth and have it approved. The

plans required by the coating mixing tank regulation are not necessary

in order to enforce the basic RACT housekeeping that EPA is approving.

Those requirements are already specified in the rule. This regulation

is approvable.

310 CMR 7.24(3), Distribution of Motor Vehicle Fuel

The Commonwealth had revised this regulation to include a minor

wording change in the applicability of the rule. Stationary tanks with

the capacity equal to or greater than 2000 gallons are required to have

any vapors displaced through submerged fill to be processed through a

vapor balance system. The former regulation required stationary tanks

greater than 2000 gallons to have their emission processed. The

Commonwealth has also amended recordkeeping and testing provisions.

This revision is approvable.

Transfer Efficiency Test Methods

In each of the new surface coating regulations EPA is approving

today, there is a provision that addresses transfer efficiency. A

typical example is found in the plastic parts surface coating

regulation, 310 CMR 7.18(21)(g), which reads in part: ``Demonstrations

of compliance may include considerations of transfer efficiency

provided that the baseline transfer efficiency is equal to or greater

than 65%, and the transfer efficiency test method is detailed in the

emission control plan approved by the Department.'' See also 310 CMR

7.18 (22)(f) (leather surface coating), (23)(g) (wood products surface

coating), (24)(g) (flatwood paneling surface coating). This provision

is designed to ensure that any transfer efficiency test method is

clearly stated in an emission control plan, but it is not designed to

delegate approval of that test method to DEP. Each of these rules

includes a provision specifically requiring both DEP and EPA approval

of any new test methods, such as 310 CMR 7.18(21)(I), which reads in

part: ``Testing shall be conducted in accordance with EPA Method 24

and/or Method 25 as described in CFR Title 40 part 60, or by other

methods approved by the Department and EPA.'' (Emphasis added; see also

310 CMR 7.18(22)(h), (23)(i), (24)(i).) Any test method used to

demonstrate improved transfer efficiency will have to be approved by

both DEP and EPA, because there is currently no approved method in 40

CFR part 60. EPA is basing its approval of these provisions on its

understanding that it is DEP's intent to submit transfer efficiency

test methods to EPA for approval.

III. Final Action:

EPA is fully approving the VOC RACT regulations submitted by the

Commonwealth on February 17, 1993 as revisions to the Commonwealth's

SIP, with the exception of 310 CMR 7.18(17). For this regulation, EPA

is approving it only as it applies to the Springfield, Massachusetts

ozone nonattainment area (i.e., Berkshire, Franklin, Hampden and

Hampshire counties).

The EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, the EPA is publishing a separate document

that will serve as a proposal to approve the SIP revision should

relevant adverse comments be filed. This action will be effective

November 2, 1999 without further notice unless, by October 4, 1999,

relevant adverse comments are received.

If the EPA receives such comments, then EPA will publish a document

withdrawing the final rule and informing the public that the rule will

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. The EPA will not

institute a second comment period on the proposed rule. Only parties

interested in commenting on the proposed rule should do so at this

time. If no such comments are received, the public is advised that this

rule will be effective November 2, 1999 and no further action will be

taken on the proposed rule.

Nothing in this action should be construed as permitting or

allowing or

[[Page 48302]]

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.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or EPA consults with those governments. If EPA complies by

consulting, Executive Order 12875 requires EPA to provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.''

Today's rule does not create a mandate on state, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian Tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This FINAL rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air Act do not create

any new requirements but simply approve requirements that the State is

already imposing. Therefore, because the Federal SIP approval does not

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

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

F. Unfunded Mandates

Under sections 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate, or to

the private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

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 rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United

[[Page 48303]]

States prior to publication of the rule in the Federal Register. This

rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

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 November 2, 1999. 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).) EPA encourages

interested parties to comment in response to the proposed rule rather

than petition for judicial review, unless the objection arises after

the comment period allowed for in the proposal.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Ozone, Reporting and recordkeeping

requirements.

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: June 24, 1999.

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)(117) to read

as follows:

Sec. 52.1120 Identification of plan.

* * * * *

(c) * * *

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

Massachusetts Department of Environmental Protection on February 17,

1993.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental

Protection dated February 17, 1993 submitting a revision to the

Massachusetts State Implementation Plan.

(B) Regulations 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint

spray booths; 310 CMR 7.18(2), Compliance with emission limitations;

310 CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent

Metal Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous

metal parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR

7.18(17), Reasonable available control technology (as it applies to the

Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission

control plans for implementation of reasonably available control

technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR

7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products

surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating;

310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26),

Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR

7.24(3), Distribution of motor vehicle fuel all effective on February

12, 1993.

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

in numerical order to existing state citations: ``310 CMR 7.00,

Definitions; 310 CMR 7.18(2), Compliance with emission limitations; 310

CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal

Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal

parts and products; 310 CMR 7.18(12), Graphic arts; and 310 CMR

7.18(17), Reasonable available control technology; and by adding the

following new state citations: 310 CMR 7.03(13), Paint spray booths;

310 CMR 7.18(20), Emission control plans for implementation of

reasonably available control technology; 310 CMR 7.18(21), Surface

coating of plastic parts; 310 CMR 7.18(22), Leather surface coating;

310 CMR 7.18(23), Wood products surface coating; 310 CMR 7.18(24), Flat

wood paneling surface coating; 310 CMR 7.18(25), Offset lithographic

printing; 310 CMR 7.18(26), Textile finishing; 310 CMR 7.18(27),

Coating mixing tanks; and 310 CMR 7.24(3), Distribution of motor

vehicle fuel.

Sec. 52.1167 EPA--approved Massachusetts State regulations

* * * * *

Table 52.1167--EPA--Approved Massachusetts Regulations

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

Date

State citation Title/Subject Date submitted by approved by Federal Register 52.1120(c) Comments/unapproved sections

State EPA citation

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

* * * * * * *

310 CMR 7.00 Definitions February 17, 1993 9/3/1999 [Insert FR c(117) ...................................

citation from

published date].

* * * * * * *

310 CMR 7.03(13)............... Paint spray booths February 17, 1993 9/3/1999 [Insert FR c(117) Adds the following coating

citation from operations: plastic parts surface

published date]. coating, leather surface coating,

wood product surface coating, and

flat wood paneling surface

coating.

[[Page 48304]]

* * * * * * *

310 CMR 7.18(2)................ Compliance with February 17, 1993 9/3/1999 [Insert FR c(117) Adds an exemption for coatings used

emission citation from in small amounts, and a section on

limitations. published date]. daily weighted averaging.

* * * * * * *

310 CMR 7.18(7)................ Automobile surface February 17, 1993 9/3/1999 [Insert FR c(117) Revises a limit for primer surface

coating. citation from coating.

published date].

310 CMR 7.18(8)................ Solvent Metal February 17, 1993 9/3/1999 [Insert FR c(117) Adds a typographical correction.

Degreasing. citation from

published date].

* * * * * * *

310 CMR 7.18(11)............... Surface coating of February 17, 1993 9/3/1999 [Insert FR c(117) Revises a reference.

miscell-aneous citation from

metal parts and published date].

products.

310 CMR 7.18(12)............... Graphic arts February 17, 1993 9/3/1999 [Insert FR c(117) Amends applicability to 50 tons per

citation from year VOC.

published date].

310 CMR 7.18(17)............... Reasonable February 17, 1993 9/3/1999 [Insert FR c(117) Adds new VOC RACT requirements in

available control citation from the Springfield, Mass. ozone

technology. published date]. nonattainment area only.

* * * * * * *

310 CMR 7.18(20)............... Emission Control February 17, 1993 9/3/1999 [Insert FR c(117) Adds new VOC RACT requirements.

Plans for citation from

implementa-tion published date].

of reasonably

available control

technology.

310 CMR 7.18(21)............... Surface coating February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for plastic parts

of plastic parts. citation from surface coating.

published date].

310 CMR 7.18(22)............... Leather surface February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for leather surface

coating. citation from coating.

published date].

310 CMR 7.18(23)............... Wood products February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for wood product

surface coating. citation from surface coating.

published date].

310 CMR 7.18(24)............... Flat wood paneling February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for flat wood

surface coating. citation from paneling surface coating.

published date].

310 CMR 7.18(25)............... Offset February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for offset

lithographic citation from lithographic printing.

printing. published date].

310 CMR 7.18(26)............... Textile finishing February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for textile

citation from finishing.

published date].

310 CMR 7.18(27)............... Coating mixing February 17, 1993 9/3/1999 [Insert FR c(117) Adds VOC RACT for coating mixing

tanks. citation from tanks.

published date].

* * * * * * *

310 CMR 7.24(3)................ Distribution of February 17, 1993 9/3/1999 [Insert FR c(117) Amends distribution of motor fuel

motor vehicle citation from requirements, applicability,

fuel. published date]. recordkeeping and testing

requirements.

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[[Page 48305]]

[FR Doc. 99-22933 Filed 9-2-99; 8:45 am]

BILLING CODE 6560-50-P