Air Plan Approval; ME; Control of Volatile Organic Compound Emissions From Fiberglass Boat Manufacturing and Surface Coating Facilities, 33394-33397 [2016-12398]
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 52
■
[EPA–R01–OAR–2015–0801; A–1–FRL–
9946–94–Region 1]
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0202 to read as
follows:
■
(a) Location. The following area is a
safety zone: all waters of the
Monongahela River, from mile 97.5 to
100.5, extending the entire width of the
waterway.
(b) Effective period. This section is
effective, and will be enforced, from 6
a.m. until 10 a.m. on June 19, 2016.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Pittsburgh or a
designated representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the Captain of
the Port Pittsburgh or a designated
representative. The Captain of the
Pittsburgh representative may be
contacted at 412–221–0807.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Pittsburgh or their
designated representative. Designated
Captain of the Port representatives
include United States Coast Guard
commissioned, warrant, and petty
officers.
(d) Information broadcasts. The
Captain of the Port Pittsburgh or a
designated representative will inform
the public through broadcast notices to
mariners of the enforcement period for
the safety zone as well as any changes
in the planned schedule.
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[FR Doc. 2016–12371 Filed 5–25–16; 8:45 am]
BILLING CODE 9110–04–P
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Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
§ 165.T08–0202 Safety Zone, Monongahela
River, Pittsburgh, PA.
Dated: April 25, 2016.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
Air Plan Approval; ME; Control of
Volatile Organic Compound Emissions
From Fiberglass Boat Manufacturing
and Surface Coating Facilities
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Maine. These
revisions establish Reasonably Available
Control Technology (RACT)
requirements for reducing volatile
organic compound (VOC) emissions
from fiberglass boat manufacturing and
surface coating operations. The
intended effect of this action is to
approve these requirements into the
Maine SIP. This action is being taken in
accordance with the Clean Air Act.
DATES: This direct final rule will be
effective July 25, 2016, unless EPA
receives adverse comments by June 27,
2016. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2015–0801 at https://
www.regulations.gov, or via email to
Mackintosh.David@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the ‘‘For
Further Information Contact’’ section.
For the full EPA public comment policy,
SUMMARY:
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information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
David L. Mackintosh, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109–3912, tel. 617–918–1584, fax
617–918–0668, email
Mackintosh.David@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. Organization of this document.
The following outline is provided to aid
in locating information in this preamble.
I. What action is EPA taking?
II. What is the background for this action?
III. What is included in Maine’s submittals?
IV. EPA’s Evaluation of Maine’s Submittals
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is approving Maine’s Chapter
162, ‘‘Fiberglass Boat Manufacturing
Materials,’’ submitted on July 1, 2014, to
address EPA’s Control Techniques
Guidelines (CTG) for Fiberglass Boat
Manufacturing Materials (EPA–453/R–
08–004, September 2008). EPA is also
approving Maine’s revised Chapter 129,
‘‘Surface Coating Facilities,’’ submitted
on August 18, 2015, to address EPA’s
CTG for Miscellaneous Metal and
Plastic Parts Coatings (EPA–453/R–08–
003, September 2008). These two Maine
regulations implement RACT for the
applicable facility operations. Lastly,
EPA is approving Maine’s negative
declarations for two CTGs, Automobile
and Light-Duty Truck Assembly
Coatings (EPA–453/R–08–006,
September 2008) and Large Appliance
Coatings (EPA–453/R–07–004,
September 2007), which were submitted
on April 23, 2013.
II. What is the background for this
action?
Maine is part of the Ozone Transport
Region (OTR) under Section 184(a) of
the CAA. Sections 182(b)(2) and 184 of
the CAA compel states with moderate
and above ozone nonattainment areas,
as well as areas in the OTR,
respectively, to submit a SIP revision
requiring the implementation of RACT
for sources covered by a CTG and for all
major sources. A CTG is a document
issued by EPA which establishes a
‘‘presumptive norm’’ for RACT for a
specific VOC source category.
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On October 9, 2007, EPA issued three
CTGs, including the CTG for Large
Appliance Coatings, which states were
required to address by October 9, 2008
(72 FR 57215). Then on October 7, 2008,
EPA issued four CTGs including
Miscellaneous Metal and Plastic Parts
Coatings, Fiberglass Boat Manufacturing
Materials, and Automobile and LightDuty Truck Assembly Coatings, which
states were required to address by
October 7, 2009 (73 FR 58841).
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III. What is included in Maine’s
submittals?
On April 23, 2013, Maine submitted
a SIP revision to EPA containing
negative declarations for two CTG
source categories: Automobile and
Light-Duty Truck Assembly Coatings
and Large Appliance Coatings. Negative
declarations include a statement that no
sources subject to the requirement in
question are located in the state; thus
the state need not adopt a regulation
based on a CTG that otherwise would
apply to such sources. Then on July 1,
2014, Maine submitted a SIP revision to
EPA containing a new regulation,
Maine’s Chapter 162, ‘‘Fiberglass Boat
Manufacturing Materials,’’ to address
the CTG of the same name. Lastly, on
August 18, 2015, Maine submitted
revised Chapter 129, ‘‘Surface Coating
Facilities,’’ to address EPA’s
Miscellaneous Metal and Plastic Parts
Coatings CTG.
IV. EPA’s Evaluation of Maine’s
Submittals
Maine’s new Chapter 162, ‘‘Fiberglass
Boat Manufacturing Materials,’’ is
consistent with the recommendations
for RACT found in EPA’s CTG for
Fiberglass Boat Manufacturing
Materials. This new regulation is
effective on July 30, 2013, and applies
to fiberglass boat manufacturing
operations that have, before controls,
combined actual emissions of 5,400
pounds of VOC or more, per rolling 12month period, from the use of gel coats,
resins, and materials used to clean
application equipment. Applicable
facilities for which construction
commenced prior to the effective date of
the rule, must comply within 36 months
after the effective date of the rule or
upon initial startup, whichever is later,
and facilities for which construction
commenced on or after the effective date
of the rule must comply upon their
initial startup. Specifically, the rule
applies to facilities that manufacture
hulls or decks of boats from fiberglass
but not to facilities that solely
manufacture parts of boats such as
hatches, seats, or lockers. Sources
subject to the rule must meet specific
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VOC content limits for resin and gel
coat operations such as open molding,
mixing and cleaning application
equipment. Facilities may meet these
limits by implementing one of the
following prescribed techniques: Use of
low-VOC content materials; averaging
the VOC content of materials to meet
low-VOC content standards; and/or the
installation and operation of pollution
control devices. Maine’s rule has the
same VOC content limits as the CTG
and also includes the appropriate
recordkeeping, reporting, and testing
requirements to ensure these emission
limits are enforceable. The new
regulation also specifies work practices
to reduce VOC emissions during the
application, storage, mixing, and
conveyance of coatings, resins, and
cleaning materials.
Maine’s Chapter 129, ‘‘Surface
Coating Facilities,’’ was previously
approved by EPA on May 22, 2012 (77
FR 30216). The revised rule has been
expanded to include the coating of
plastic parts and products and to
include additional coating categories for
the coating of miscellaneous metal parts
and products. The amendments provide
for five major surface coating categories
with numerous subcategories in each to
further identify which coatings are
subject to a specific VOC emission limit.
The emissions limits may be achieved
by using one or more of three
compliance methods: Low solvent
content coating technology; dailyweighted averaging of emission
limitations; and installation and
operation of an add-on air pollution
control device with 95% capture and
control efficiency. Maine’s Chapter 129
also includes the appropriate
recordkeeping, reporting, and testing
requirements to ensure these emission
limits are enforceable.
The new coating limits generally
follow the recommendations in EPA’s
CTG for Miscellaneous Metal and
Plastic Parts Coating, with the exception
of three coating categories which, as
explained below, does not render the
rule as a whole less stringent than the
rule previously approved by EPA into
the Maine SIP. Maine adopted higher
coating limits for Pleasure Craft Surface
Coating than the CTG for Extreme High
Gloss Topcoat, Other Substrate
Antifoulant Coating, and Antifouling
Sealer/Tie Coating. For these three
categories, Maine reviewed industry
data and determined that for purpose of
functionality, cost, and VOC emissions,
the alternative limits adopted for these
three coating categories constitute
RACT. Maine’s approach is consistent
with the EPA guidance memorandum,
entitled ‘‘Control Technique Guidelines
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for Miscellaneous Metal and Plastic Part
Coatings—Industry Request for
Reconsideration,’’ from Stephen Page to
Air Branch Chiefs, Regions I–X, dated
June 1, 2010. Although some of the
miscellaneous metal parts and products
specialty coatings limits in Maine’s
revised Chapter 129 are higher than the
limits that had been previously
approved into the Maine SIP, the more
frequently used General One
Component and General Multi
Component coating limits for metal
parts are lower than the previous SIPapproved general category limit for
metal parts referred to as ‘‘All Other
Coatings.’’ In addition, the revised rule’s
applicability is much broader. Thus, the
revised rule satisfies the anti-back
sliding requirements in Section 110(l) of
the CAA because, the rule as whole will
achieve an equal or greater amount of
VOC reductions as compared to the rule
previously approved into the SIP. This
analysis is also consistent with the EPA
guidance memorandum entitled
‘‘Approving SIP Revisions Addressing
VOC RACT Requirements for Certain
Coating Categories,’’ dated March 17,
2011.
Maine also submitted negative
declarations for two CTGs: Automobile
and Light-Duty Truck Assembly
Coatings and Large Appliance Coatings.
Maine staff reviewed the inventory of
sources for facilities with North
American Industrial Classification
System (NAICS) codes that correspond
to these source categories, interviewed
its field and compliance staff, and
searched telephone and business
directories to determine if any sources
meeting the applicability requirements
of these two CTGs are located in Maine.
After thoroughly reviewing all available
information, Maine determined that
there were no sources meeting the
applicability thresholds for these two
source categories.
As discussed above, Maine’s new
Chapter 162 and revised Chapter 129 are
consistent with the relevant CTGs with
the exception of certain limited
provisions that do not result in greater
emissions of VOCs than otherwise
would be the case. Therefore, EPA has
concluded that Maine has met the CAA
RACT requirement for the Fiberglass
Boat Manufacturing Materials and the
Miscellaneous Metal and Plastic Parts
Coatings CTG source categories. In
addition, Maine’s method for arriving at
the negative declarations for EPA’s
Automobile and Light-Duty Truck
Assembly Coatings CTG and EPA’s
Large Appliance Coatings CTG is
reasonable and EPA believes that the
declarations are accurate. Therefore,
EPA has concluded that Maine has also
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generally available electronically
through https://www.regulations.gov.
V. Final Action
EPA is approving, and incorporating
into the Maine SIP, Maine’s new
Chapter 162, ‘‘Fiberglass Boat
Manufacturing Materials,’’ and Maine’s
revised Chapter 129, ‘‘Surface Coating
Facilities,’’ as meeting RACT for the
Fiberglass Boat Manufacturing and the
Miscellaneous Metal and Plastic Parts
Coatings CTG source categories,
respectively. Additionally, EPA is
approving Maine’s negative declarations
for two CTG source categories:
Automobile and Light-duty Truck
Assembly Coatings and Large Appliance
Coatings.
The EPA is publishing this action
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, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective July 25,
2016 without further notice unless the
Agency receives relevant adverse
comments by June 27, 2016.
If the EPA receives such comments,
then EPA will publish a notice
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. All 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
on July 25, 2016 and no further action
will be taken on the proposed rule.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
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met the CAA RACT requirement for
these two CTG source categories.
VII. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
VI. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the
incorporation by reference of the Maine
DEP regulations described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
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tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
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 July 25, 2016.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 11, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Therefore, 40 CFR part 52, chapter I
is amended as follows:
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b. In paragraph (e), table, adding a
new entry at the end of the table.
The revisions and additions read as
follows:
Subpart U—Maine
■
2. Amend § 52.1020 by:
a. In paragraph (c), table, revising the
entry for ‘‘Chapter 129’’, and adding a
new entry ‘‘Chapter 162’’ in numerical
order; and
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1020
■
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
*
*
(c) EPA approved regulations.
EPA-APPROVED MAINE REGULATIONS
State effective
date
State citation
Title/subject
*
Chapter 129 .......................
*
Chapter 162 .......................
*
*
*
*
5/26/2016 [Insert Federal
Register citation].
*
*
Added requirements for metal parts and
plastic parts coating operations.
*
7/30/2013
*
*
Fiberglass Boat Manufacturing Materials.
Explanations
*
7/7/2015
*
*
Surface Coating Facilities
EPA approval date
and citation 1
*
5/26/2016 [Insert Federal
Register citation].
*
*
*
*
*
*
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
*
*
*
*
*
(e) Nonregulatory.
MAINE NON REGULATORY
Applicable geographic or
nonattainment area
Name of non regulatory SIP provision
*
*
*
Negative Declarations for Large Appliance Coatings
and Automobile and Light-Duty Truck Assembly
Coatings Control Technique Guidelines.
*
State submittal
date/effective
date
EPA approved date 3
*
Maine Statewide ...............
*
4/23/2013
Explanations
*
5/26/2016 [Insert Federal
Register citation].
3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
[FR Doc. 2016–12398 Filed 5–25–16; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[CA130–NBK; FRL–9942–49–Region 9]
Approval and Promulgation of
Implementation Plans; State of
California; Revised Format for
Materials Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
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AGENCY:
The Environmental Protection
Agency (EPA) is revising the format for
materials submitted by the State of
California that are incorporated by
reference (IBR) into the California State
Implementation Plan (SIP). The
SUMMARY:
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regulations affected by this format
change have all been previously
submitted by the State of California and
approved by the EPA. This format
revision will primarily affect the
‘‘Identification of plan’’ section, as well
as the format of the SIP materials that
will be available for public inspection at
the National Archives and Records
Administration (NARA) and the EPA
Regional Office. This action, which only
relates to state statutes and state
regulations and does not include local
and regional California air district rules,
local ordinances, source-specific
requirements, or nonregulatory and
quasi-regulatory provisions, is the first
of a series of actions intended to change
the format for the entire California SIP.
DATES: Effective Date: This rule is
effective on May 26, 2016.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations:
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Air Division, U.S. Environmental
Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA
94105–3901; and
National Archives and Records
Administration.
For information on the availability of
this material at NARA, call 202–741–
6030, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Kevin Gong, EPA Region IX, (415) 972–
3073, gong.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
the EPA. Information is organized as
follows:
Table of Contents
I. Background
A. What a SIP Is
B. How the EPA Enforces SIPs
C. How the State and the EPA Update the
SIP
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[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Rules and Regulations]
[Pages 33394-33397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12398]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2015-0801; A-1-FRL-9946-94-Region 1]
Air Plan Approval; ME; Control of Volatile Organic Compound
Emissions From Fiberglass Boat Manufacturing and Surface Coating
Facilities
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Maine.
These revisions establish Reasonably Available Control Technology
(RACT) requirements for reducing volatile organic compound (VOC)
emissions from fiberglass boat manufacturing and surface coating
operations. The intended effect of this action is to approve these
requirements into the Maine SIP. This action is being taken in
accordance with the Clean Air Act.
DATES: This direct final rule will be effective July 25, 2016, unless
EPA receives adverse comments by June 27, 2016. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2015-0801 at https://www.regulations.gov, or via email to
Mackintosh.David@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the ``For Further Information Contact'' section. For the
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2),
Boston, MA 02109-3912, tel. 617-918-1584, fax 617-918-0668, email
Mackintosh.David@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. Organization of this document.
The following outline is provided to aid in locating information in
this preamble.
I. What action is EPA taking?
II. What is the background for this action?
III. What is included in Maine's submittals?
IV. EPA's Evaluation of Maine's Submittals
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is approving Maine's Chapter 162, ``Fiberglass Boat
Manufacturing Materials,'' submitted on July 1, 2014, to address EPA's
Control Techniques Guidelines (CTG) for Fiberglass Boat Manufacturing
Materials (EPA-453/R-08-004, September 2008). EPA is also approving
Maine's revised Chapter 129, ``Surface Coating Facilities,'' submitted
on August 18, 2015, to address EPA's CTG for Miscellaneous Metal and
Plastic Parts Coatings (EPA-453/R-08-003, September 2008). These two
Maine regulations implement RACT for the applicable facility
operations. Lastly, EPA is approving Maine's negative declarations for
two CTGs, Automobile and Light-Duty Truck Assembly Coatings (EPA-453/R-
08-006, September 2008) and Large Appliance Coatings (EPA-453/R-07-004,
September 2007), which were submitted on April 23, 2013.
II. What is the background for this action?
Maine is part of the Ozone Transport Region (OTR) under Section
184(a) of the CAA. Sections 182(b)(2) and 184 of the CAA compel states
with moderate and above ozone nonattainment areas, as well as areas in
the OTR, respectively, to submit a SIP revision requiring the
implementation of RACT for sources covered by a CTG and for all major
sources. A CTG is a document issued by EPA which establishes a
``presumptive norm'' for RACT for a specific VOC source category.
[[Page 33395]]
On October 9, 2007, EPA issued three CTGs, including the CTG for
Large Appliance Coatings, which states were required to address by
October 9, 2008 (72 FR 57215). Then on October 7, 2008, EPA issued four
CTGs including Miscellaneous Metal and Plastic Parts Coatings,
Fiberglass Boat Manufacturing Materials, and Automobile and Light-Duty
Truck Assembly Coatings, which states were required to address by
October 7, 2009 (73 FR 58841).
III. What is included in Maine's submittals?
On April 23, 2013, Maine submitted a SIP revision to EPA containing
negative declarations for two CTG source categories: Automobile and
Light-Duty Truck Assembly Coatings and Large Appliance Coatings.
Negative declarations include a statement that no sources subject to
the requirement in question are located in the state; thus the state
need not adopt a regulation based on a CTG that otherwise would apply
to such sources. Then on July 1, 2014, Maine submitted a SIP revision
to EPA containing a new regulation, Maine's Chapter 162, ``Fiberglass
Boat Manufacturing Materials,'' to address the CTG of the same name.
Lastly, on August 18, 2015, Maine submitted revised Chapter 129,
``Surface Coating Facilities,'' to address EPA's Miscellaneous Metal
and Plastic Parts Coatings CTG.
IV. EPA's Evaluation of Maine's Submittals
Maine's new Chapter 162, ``Fiberglass Boat Manufacturing
Materials,'' is consistent with the recommendations for RACT found in
EPA's CTG for Fiberglass Boat Manufacturing Materials. This new
regulation is effective on July 30, 2013, and applies to fiberglass
boat manufacturing operations that have, before controls, combined
actual emissions of 5,400 pounds of VOC or more, per rolling 12-month
period, from the use of gel coats, resins, and materials used to clean
application equipment. Applicable facilities for which construction
commenced prior to the effective date of the rule, must comply within
36 months after the effective date of the rule or upon initial startup,
whichever is later, and facilities for which construction commenced on
or after the effective date of the rule must comply upon their initial
startup. Specifically, the rule applies to facilities that manufacture
hulls or decks of boats from fiberglass but not to facilities that
solely manufacture parts of boats such as hatches, seats, or lockers.
Sources subject to the rule must meet specific VOC content limits for
resin and gel coat operations such as open molding, mixing and cleaning
application equipment. Facilities may meet these limits by implementing
one of the following prescribed techniques: Use of low-VOC content
materials; averaging the VOC content of materials to meet low-VOC
content standards; and/or the installation and operation of pollution
control devices. Maine's rule has the same VOC content limits as the
CTG and also includes the appropriate recordkeeping, reporting, and
testing requirements to ensure these emission limits are enforceable.
The new regulation also specifies work practices to reduce VOC
emissions during the application, storage, mixing, and conveyance of
coatings, resins, and cleaning materials.
Maine's Chapter 129, ``Surface Coating Facilities,'' was previously
approved by EPA on May 22, 2012 (77 FR 30216). The revised rule has
been expanded to include the coating of plastic parts and products and
to include additional coating categories for the coating of
miscellaneous metal parts and products. The amendments provide for five
major surface coating categories with numerous subcategories in each to
further identify which coatings are subject to a specific VOC emission
limit. The emissions limits may be achieved by using one or more of
three compliance methods: Low solvent content coating technology;
daily-weighted averaging of emission limitations; and installation and
operation of an add-on air pollution control device with 95% capture
and control efficiency. Maine's Chapter 129 also includes the
appropriate recordkeeping, reporting, and testing requirements to
ensure these emission limits are enforceable.
The new coating limits generally follow the recommendations in
EPA's CTG for Miscellaneous Metal and Plastic Parts Coating, with the
exception of three coating categories which, as explained below, does
not render the rule as a whole less stringent than the rule previously
approved by EPA into the Maine SIP. Maine adopted higher coating limits
for Pleasure Craft Surface Coating than the CTG for Extreme High Gloss
Topcoat, Other Substrate Antifoulant Coating, and Antifouling Sealer/
Tie Coating. For these three categories, Maine reviewed industry data
and determined that for purpose of functionality, cost, and VOC
emissions, the alternative limits adopted for these three coating
categories constitute RACT. Maine's approach is consistent with the EPA
guidance memorandum, entitled ``Control Technique Guidelines for
Miscellaneous Metal and Plastic Part Coatings--Industry Request for
Reconsideration,'' from Stephen Page to Air Branch Chiefs, Regions I-X,
dated June 1, 2010. Although some of the miscellaneous metal parts and
products specialty coatings limits in Maine's revised Chapter 129 are
higher than the limits that had been previously approved into the Maine
SIP, the more frequently used General One Component and General Multi
Component coating limits for metal parts are lower than the previous
SIP-approved general category limit for metal parts referred to as
``All Other Coatings.'' In addition, the revised rule's applicability
is much broader. Thus, the revised rule satisfies the anti-back sliding
requirements in Section 110(l) of the CAA because, the rule as whole
will achieve an equal or greater amount of VOC reductions as compared
to the rule previously approved into the SIP. This analysis is also
consistent with the EPA guidance memorandum entitled ``Approving SIP
Revisions Addressing VOC RACT Requirements for Certain Coating
Categories,'' dated March 17, 2011.
Maine also submitted negative declarations for two CTGs: Automobile
and Light-Duty Truck Assembly Coatings and Large Appliance Coatings.
Maine staff reviewed the inventory of sources for facilities with North
American Industrial Classification System (NAICS) codes that correspond
to these source categories, interviewed its field and compliance staff,
and searched telephone and business directories to determine if any
sources meeting the applicability requirements of these two CTGs are
located in Maine. After thoroughly reviewing all available information,
Maine determined that there were no sources meeting the applicability
thresholds for these two source categories.
As discussed above, Maine's new Chapter 162 and revised Chapter 129
are consistent with the relevant CTGs with the exception of certain
limited provisions that do not result in greater emissions of VOCs than
otherwise would be the case. Therefore, EPA has concluded that Maine
has met the CAA RACT requirement for the Fiberglass Boat Manufacturing
Materials and the Miscellaneous Metal and Plastic Parts Coatings CTG
source categories. In addition, Maine's method for arriving at the
negative declarations for EPA's Automobile and Light-Duty Truck
Assembly Coatings CTG and EPA's Large Appliance Coatings CTG is
reasonable and EPA believes that the declarations are accurate.
Therefore, EPA has concluded that Maine has also
[[Page 33396]]
met the CAA RACT requirement for these two CTG source categories.
V. Final Action
EPA is approving, and incorporating into the Maine SIP, Maine's new
Chapter 162, ``Fiberglass Boat Manufacturing Materials,'' and Maine's
revised Chapter 129, ``Surface Coating Facilities,'' as meeting RACT
for the Fiberglass Boat Manufacturing and the Miscellaneous Metal and
Plastic Parts Coatings CTG source categories, respectively.
Additionally, EPA is approving Maine's negative declarations for two
CTG source categories: Automobile and Light-duty Truck Assembly
Coatings and Large Appliance Coatings.
The EPA is publishing this action 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, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective July
25, 2016 without further notice unless the Agency receives relevant
adverse comments by June 27, 2016.
If the EPA receives such comments, then EPA will publish a notice
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. All 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 on July 25, 2016 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
VI. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of the
Maine DEP regulations described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
documents generally available electronically through https://www.regulations.gov.
VII. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 July 25, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: May 11, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Therefore, 40 CFR part 52, chapter I is amended as follows:
[[Page 33397]]
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart U--Maine
0
2. Amend Sec. 52.1020 by:
0
a. In paragraph (c), table, revising the entry for ``Chapter 129'', and
adding a new entry ``Chapter 162'' in numerical order; and
0
b. In paragraph (e), table, adding a new entry at the end of the table.
The revisions and additions read as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval date
State citation Title/subject effective date and citation \1\ Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 129...................... Surface Coating 7/7/2015 5/26/2016 [Insert Added requirements
Facilities. Federal Register for metal parts
citation]. and plastic parts
coating
operations.
* * * * * * *
Chapter 162...................... Fiberglass Boat 7/30/2013 5/26/2016 [Insert
Manufacturing Federal Register
Materials. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
* * * * *
(e) Nonregulatory.
Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non regulatory SIP geographic or submittal date/ EPA approved date Explanations
provision nonattainment area effective date \3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Negative Declarations for Large Maine Statewide.... 4/23/2013 5/26/2016 [Insert
Appliance Coatings and Federal Register
Automobile and Light-Duty Truck citation].
Assembly Coatings Control
Technique Guidelines.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[FR Doc. 2016-12398 Filed 5-25-16; 8:45 am]
BILLING CODE 6560-50-P
