Approval and Promulgation of Air Quality Implementation Plans; Maine; VOC Regulations, 30367-30370 [05-10481]
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Federal Register / Vol. 70, No. 101 / Thursday, May 26, 2005 / Rules and Regulations
a. by redesignating paragraphs (j) and
(k) as paragraphs (k) and (l), respectively,
and
I b. by adding a new paragraph (j).
The revisions and additions to
§ 201.17 reads as follows:
I
§ 201.17 Statements of Account covering
compulsory licenses for secondary
transmissions by cable systems.
* * * * *
(j) Copies of statements of account. A
licensee shall file an original and one
copy of the statement of account with
the Licensing Division of the Copyright
Office.
* * * * *
I 4. Section 201.28 is amended as
follows:
I a. by redesignating paragraphs (g)
through (k) as paragraphs (h) through (l),
respectively, and
I b. by adding a new paragraph (g).
The revisions and additions to
§ 201.28 reads as follows:
§ 201.28 Statements of Account for digital
audio recording devices and media.
* * * * *
(g) Copies of statements of account. A
licensee shall file an original and one
copy of the statement of account with
the Licensing Division of the Copyright
Office.
* * * * *
Dated: May 18, 2005
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 05–10552 Filed 5–25–05; 8:45 am]
BILLING CODE 1410–30–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R01–OAR–2004–ME–0005; A–1–FRL–7913–
3]
Approval and Promulgation of Air
Quality Implementation Plans; Maine;
VOC Regulations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving two State
Implementation Plan (SIP) revisions
submitted by the State of Maine. These
revisions establish requirements to
reduce volatile organic compound
(VOC) emissions from mobile
equipment repair and refinishing, and
solvent cleaning operations. The
intended effect of this action is to
SUMMARY:
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approve these requirements into the
Maine SIP. EPA is taking this action in
accordance with the Clean Air Act
(CAA).
This direct final rule will be
effective July 25, 2005, unless EPA
receives adverse comments by June 27,
2005. 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 Regional Material in
EDocket (RME) ID Number R01–OAR–
2004–ME–0005 by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/ Regional
Material in EDocket (RME), EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: conroy.dave@epa.gov.
4. Fax: (617) 918–0661.
5. Mail: ‘‘RME ID Number R01–OAR–
2004–ME–0005,’’ David Conroy, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100 (mail code
CAQ), Boston, MA 02114–2023.
6. Hand Delivery or Courier. Deliver
your comments to: David Conroy, Unit
Manager, Air Quality Planning, Office of
Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, 11th floor, (CAQ),
Boston, MA 02114–2023. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Regional Material in EDocket (RME) ID
Number R01–OAR–2004–ME–0005.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
docket.epa.gov/rmepub/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
DATES:
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30367
consider to be CBI or otherwise
protected through Regional Material in
EDocket (RME), regulations.gov, or email. The EPA RME Web site and the
federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
Regional Material in EDocket (RME)
index at https://docket.epa.gov/rmepub/.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in RME or
in hard copy at the Office of Ecosystem
Protection, U.S. Environmental
Protection Agency, EPA New England
Regional Office, One Congress Street,
Suite 1100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Anne Arnold, Air Quality Planning
Unit, U.S. Environmental Protection
Agency, EPA New England Regional
Office, One Congress Street, Suite 1100
(CAQ), Boston, MA 02114–2023, (617)
918–1047, arnold.anne@epa.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 70, No. 101 / Thursday, May 26, 2005 / Rules and Regulations
I. General Information
A. How Can I Get Copies of This
Document and Other Related
Information?
In addition to the publicly available
docket materials available for inspection
electronically in Regional Material in
EDocket, and the hard copy available at
the Regional Office, which are identified
in the ADDRESSES section above, copies
of the state submittal and EPA’s
technical support document are also
available for public inspection during
normal business hours, by appointment
at the Bureau of Air Quality Control,
Department of Environmental
Protection, First Floor of the Tyson
Building, Augusta Mental Health
Institute Complex, Augusta, ME 04333–
0017.
II. Rulemaking Information
This section is organized as follows:
A. What Action Is EPA Taking?
B. What Are the Requirements of Maine’s
New Regulations?
C. Why Is EPA Approving Maine’s
Regulations?
D. What Is the Process for EPA to Approve
These SIP Revisions?
A. What Action Is EPA Taking?
EPA is approving Maine’s Chapter
153, ‘‘Mobile Equipment Repair and
Refinishing,’’ and Chapter 130, ‘‘Solvent
Cleaners,’’ and incorporating these
regulations into the Maine SIP.
B. What Are the Requirements of
Maine’s New Regulations?
Maine’s Chapter 153 applies to any
person who applies mobile equipment
repair and refinishing coatings. The
regulation establishes: (a) Requirements
for using improved transfer efficiency
coating and application equipment,
such as high volume low pressure spray
guns; (b) requirements for enclosed
spray gun cleaning techniques; (c)
minimum training standards in the
proper use of equipment and materials;
and (d) other work practice standards,
such as storing coatings and solvents in
closed containers. Compliance with the
rule is required by January 1, 2005. VOC
limits for mobile equipment repair and
refinishing coatings are not included in
Maine’s Chapter 153 but are in effect
nationally under the Federal
requirements at 40 CFR part 59, subpart
B, National VOC Emissions Standards
for Automobile Refinish Coatings,
which EPA adopted in 1998.
Maine’s Chapter 130 includes
equipment and work practice standards
for batch cold cleaning machines, batch
vapor cleaning machines, in-line
cleaning machines, and cleaning
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machines not having a solvent/air
interface. An alternative standard for
batch vapor or in-line cleaning
machines is also included. Also, with
the exception of certain specified
exemptions, the rule requires that cold
cleaning machines use a solvent with a
vapor pressure of 1.00 mm Hg or less.
In addition, Chapter 130 includes the
appropriate monitoring and
recordkeeping requirements to ensure
compliance with the specified
performance standards. Finally, the rule
requires compliance with the new low
vapor pressure requirement by May 1,
2005, and compliance with the other
requirements of the rule upon its
effective date (i.e., June 28, 2004).
version of Chapter 130 meets the section
110(l) anti-backsliding provisions of the
Clean Air Act (CAA). Therefore, EPA is
approving Chapter 130 to enforce the
requirement under the CAA for
reasonably available control technology
on this CTG category. Maine is not
submitting Chapter 153 to meet any
specific control requirements under the
Clean Air Act. EPA is approving
Chapter 153 because it will strengthen
Maine’s SIP. If Maine elects to rely on
Chapter 153 in a future control strategy
SIP (e.g., a rate of progress plan or an
attainment demonstration), the rule will
become a control measure required
under the Clean Air Act for purposes of
that control strategy SIP.
C. Why Is EPA Approving Maine’s
Regulations?
EPA has evaluated Maine’s Chapter
153 and Chapter 130 and has found that
these regulations are generally
consistent with EPA guidance and the
Ozone Transport Commission (OTC)
model rules for the relevant source
categories. The specific requirements of
Maine’s regulations and EPA’s
evaluation of these requirements are
detailed in a memorandum, dated April
22, 2005, entitled ‘‘Technical Support
Document—Maine—VOC Regulations’’
(TSD). The TSD and Maine’s regulations
are available in the docket supporting
this action.
The OTC has developed model rules
for several VOC source categories, and
the OTC states, including Maine, have
signed a memorandum of understanding
(MOU) committing to adopt these model
rules. (See ‘‘Model Rule for Solvent
Cleaning,’’ and ‘‘Model Rule for Mobile
Equipment Repair and Refinishing,’’
both dated March 6, 2001.)
Several other OTC states have also
recently adopted mobile equipment
repair and refinishing rules and solvent
cleaning rules based on the OTC model
rules and EPA has already approved
some of these states’ rules.1
In addition, it should also be noted
that EPA previously approved an earlier
version of Maine’s Chapter 130 solvent
cleaning rule into the Maine SIP. (See
59 FR 31157; June 17, 1994.) The earlier
version of Chapter 130 was based on
EPA’s control technique guideline
(CTG) for solvent cleaning.2 As
discussed in more detail in the TSD,
EPA has determined that the new
D. What Is the Process for EPA To
Approve These SIP Revisions?
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, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
action will be effective July 25, 2005
without further notice unless the EPA
receives relevant adverse comments by
June 27, 2005.
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.
Parties interested in commenting 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,
2005 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.
1 For example, on November 22, 2002, EPA
approved Delaware’s mobile equipment repair and
refinishing rule (67 FR 70315), and on January 23,
2004, EPA approved New York’s solvent cleaning
rule (69 FR 3237).
2 ‘‘Control of Volatile Organic Emissions from
Solvent Metal Cleaning,’’ (EPA–450/2–77–022),
November 1977.
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III. Final Action
EPA is approving Maine’s Chapter
153, ‘‘Mobile Equipment Repair and
Refinishing,’’ and Chapter 130, ‘‘Solvent
Cleaners,’’ and incorporating these
regulations into the Maine SIP.
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
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Federal Register / Vol. 70, No. 101 / Thursday, May 26, 2005 / Rules and Regulations
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
State law as meeting federal
requirements and imposes no additional
requirements beyond those imposed by
State law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it 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).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the
National Government and the states, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
approves a state rule implementing a
federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the state to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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
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, 2005.
Interested parties should 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.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: May 9, 2005.
Robert W. Varney,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart U—Maine
2. Section 52.1020 is amended by
adding paragraph (c)(54) to read as
follows:
I
§ 52.1020
Identification of plan.
*
*
*
*
*
(c) * * *
(54) Revisions to the State
Implementation Plan submitted by the
Maine Department of Environmental
Protection on March 8, 2004, and June
28, 2004.
(i) Incorporation by reference. (A)
Chapter 153 of the Maine Department of
Environmental Protection Regulations,
‘‘Mobile Equipment Repair and
Refinishing,’’ effective in the State of
Maine on February 25, 2004.
(B) Chapter 130 of the Maine
Department of Environmental Protection
Regulations, ‘‘Solvent Cleaners,’’
effective in the State of Maine on June
28, 2004.
(ii) Additional materials.
(A) Nonregulatory portions of the
submittal.
I 3. In § 52.1031, Table 52.1031 is
amended by adding a new entry to
existing state citation 130, and by adding
a new state citation, 153, to read as
follows:
§ 52.1031 EPA-approved Maine
Regulations.
*
*
*
*
*
TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS
Date
adopted
by State
State
citation
Title/subject
*
130 ...........
*
*
Solvent Cleaners .....................................
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Date
approved
by EPA
6/17/04
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*
5/26/05
Sfmt 4700
Federal Register citation
52.1020
*
*
[Insert FR citation from published date] ..
(c)(54).
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Federal Register / Vol. 70, No. 101 / Thursday, May 26, 2005 / Rules and Regulations
TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS—Continued
Date
adopted
by State
State
citation
Title/subject
*
153 ...........
*
*
Mobile Equipment Repair and Refinishing.
*
*
Date
approved
by EPA
2/5/04
*
*
5/26/05
Federal Register citation
52.1020
*
*
[Insert FR citation from published date] ..
(c)(54).
*
*
*
*
*
Note.—1. The regulations are effective statewide unless stated otherwise in comments section.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
emissions from expandable polystyrene
foam operations. We are approving local
Rule 358—Polystyrene Foam
Operations. This rule regulates these
emission sources under the Clean Air
Act as amended in 1990 (CAA or the
Act).
DATES: Effective Date: This rule is
effective on June 27, 2005.
ADDRESSES: You can inspect copies of
the administrative record for this action
at EPA’s Region IX office during normal
business hours by appointment. You
can inspect copies of the submitted SIP
revisions by appointment at the
following locations:
EPA is finalizing approval of
revisions to the Maricopa County
portion of the Arizona State
Implementation Plan (SIP). These
revisions were proposed in the Federal
Register on March 23, 2005 and concern
volatile organic compound (VOC)
Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA
94105–3901;
Air and Radiation Docket and Information
Center, U.S. Environmental Protection
Agency, Room B–102, 1301 Constitution
Avenue, NW., (Mail Code 6102T),
Washington, DC 20460;
[FR Doc. 05–10481 Filed 5–25–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[AZ–140–128; FRL–7912–3]
Revisions to the Arizona State
Implementation Plan, Maricopa County
AGENCY:
SUMMARY:
Local agency
Rule #
Maricopa County ........................
358
We proposed to approve Rule 358
because we determined that it complied
with the relevant CAA requirements.
Our proposed action contains more
information on this rule and our
evaluation.
On May 2, 2005, we found this rule
submittal met the completeness criteria
in 40 CFR part 51, appendix V. On
February 22, 2005, the Arizona
Department of Environmental Quality
(ADEQ) requested EPA to parallel
process our review of Rule 358
concurrently with Maricopa County’s
rule adoption process. We agreed to
parallel process Rule 358 using our
authority under 40 CFR part 51,
appendix V and, for the purposes of our
March 23, 2005 proposal, we made a
completeness finding on the February
22, 2005 submittal according to the
criteria at 40 CFR part 51, appendix V,
2.3.1. Our May 2, 2005 completeness
finding applies to the April 25, 2005
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15:46 May 25, 2005
Jkt 205001
Arizona Department of Environmental
Quality, Air Quality Division, 1100 West
Washington Street, Phoenix, AZ, 85007;
and,
Maricopa County, Air Quality Department,
1001 North Central Avenue, Phoenix, AZ,
85004–1942.
A copy of the rule may also be available
via the Internet at https://www.maricopa.gov/
AQ/Rules. Please be advised that this is not
an EPA Web site and may not contain the
same version of the rule that was submitted
to EPA.
FOR FURTHER INFORMATION CONTACT:
Jerald S. Wamsley, EPA Region IX, (415)
947–4111, wamsley.jerry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
I. Proposed Action
On March 23, 2005 (70 FR 14616),
EPA proposed to approve the following
rule into the Arizona SIP.
Rule title
Adopted
Polystyrene Foam Operations ........................................................
submittal that is the subject of this
rulemaking.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we received comments from the
following party.
1. Seth v.d.H. Cooley, Duane Morris,
LLP representing WinCup Holdings, Inc.
(WinCup); letter dated April 22, 2005
and received via electronic mail April
22, 2005. The comments and our
responses are summarized below.
Comment #1: The emission limit in
Rule 358, Section 303, 3.2 pounds of
VOC per 100 pounds of polystyrene
beads processed, (Section 303 limit) has
no technical basis. There is no
connection between Maricopa County
Air Quality Division’s (MCAQD) RACT
Analysis and the Section 303 limit.
PO 00000
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04/20/05
Submitted
04/25/05
Response #1: In their RACT
Analysis ,1 MCAQD reviewed the
expandable polystyrene industry, a
wide variety of possible emission
control options, and emission limits and
controls adopted in other jurisdictions.
Their RACT analysis outlined a
compliance strategy of installing
specific control equipment and process
modifications, such as a regenerative
thermal oxidizer, use of a total
enclosure for capturing prepuff
polystyrene aging emissions, and
different prepuff polystyrene aging
regimes, that could be used at the
WinCup facility to meet the Section 303
emission limit. MCAQD calculated a
specific emission reduction due to
WinCup’s use of the compliance
1 ‘‘RACT Analysis for Rule 358 Polystyrene Foam
Operations,’’ Planning & Analysis Section,
Maricopa County Air Quality Department, Phoenix,
AZ April 21, 2005.
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[Federal Register Volume 70, Number 101 (Thursday, May 26, 2005)]
[Rules and Regulations]
[Pages 30367-30370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10481]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R01-OAR-2004-ME-0005; A-1-FRL-7913-3]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; VOC Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving two State Implementation Plan (SIP) revisions
submitted by the State of Maine. These revisions establish requirements
to reduce volatile organic compound (VOC) emissions from mobile
equipment repair and refinishing, and solvent cleaning operations. The
intended effect of this action is to approve these requirements into
the Maine SIP. EPA is taking this action in accordance with the Clean
Air Act (CAA).
DATES: This direct final rule will be effective July 25, 2005, unless
EPA receives adverse comments by June 27, 2005. 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 Regional Material in
EDocket (RME) ID Number R01-OAR-2004-ME-0005 by one of the following
methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: https://docket.epa.gov/rmepub/ Regional Material
in EDocket (RME), EPA's electronic public docket and comment system, is
EPA's preferred method for receiving comments. Once in the system,
select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
3. E-mail: conroy.dave@epa.gov.
4. Fax: (617) 918-0661.
5. Mail: ``RME ID Number R01-OAR-2004-ME-0005,'' David Conroy, U.S.
Environmental Protection Agency, EPA New England Regional Office, One
Congress Street, Suite 1100 (mail code CAQ), Boston, MA 02114-2023.
6. Hand Delivery or Courier. Deliver your comments to: David
Conroy, Unit Manager, Air Quality Planning, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, 11th floor, (CAQ), Boston, MA
02114-2023. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.
Instructions: Direct your comments to Regional Material in EDocket
(RME) ID Number R01-OAR-2004-ME-0005. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at https://docket.epa.gov/rmepub/, including
any personal information provided, unless the comment includes
information claimed to be Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. Do not
submit information that you consider to be CBI or otherwise protected
through Regional Material in EDocket (RME), regulations.gov, or e-mail.
The EPA RME Web site and the federal regulations.gov Web site are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
Regional Material in EDocket (RME) index at https://docket.epa.gov/
rmepub/. Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in RME or in hard copy at the Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, Suite 1100, Boston, MA.
EPA requests that if at all possible, you contact the contact listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Anne Arnold, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023,
(617) 918-1047, arnold.anne@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 30368]]
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
In addition to the publicly available docket materials available
for inspection electronically in Regional Material in EDocket, and the
hard copy available at the Regional Office, which are identified in the
ADDRESSES section above, copies of the state submittal and EPA's
technical support document are also available for public inspection
during normal business hours, by appointment at the Bureau of Air
Quality Control, Department of Environmental Protection, First Floor of
the Tyson Building, Augusta Mental Health Institute Complex, Augusta,
ME 04333-0017.
II. Rulemaking Information
This section is organized as follows:
A. What Action Is EPA Taking?
B. What Are the Requirements of Maine's New Regulations?
C. Why Is EPA Approving Maine's Regulations?
D. What Is the Process for EPA to Approve These SIP Revisions?
A. What Action Is EPA Taking?
EPA is approving Maine's Chapter 153, ``Mobile Equipment Repair and
Refinishing,'' and Chapter 130, ``Solvent Cleaners,'' and incorporating
these regulations into the Maine SIP.
B. What Are the Requirements of Maine's New Regulations?
Maine's Chapter 153 applies to any person who applies mobile
equipment repair and refinishing coatings. The regulation establishes:
(a) Requirements for using improved transfer efficiency coating and
application equipment, such as high volume low pressure spray guns; (b)
requirements for enclosed spray gun cleaning techniques; (c) minimum
training standards in the proper use of equipment and materials; and
(d) other work practice standards, such as storing coatings and
solvents in closed containers. Compliance with the rule is required by
January 1, 2005. VOC limits for mobile equipment repair and refinishing
coatings are not included in Maine's Chapter 153 but are in effect
nationally under the Federal requirements at 40 CFR part 59, subpart B,
National VOC Emissions Standards for Automobile Refinish Coatings,
which EPA adopted in 1998.
Maine's Chapter 130 includes equipment and work practice standards
for batch cold cleaning machines, batch vapor cleaning machines, in-
line cleaning machines, and cleaning machines not having a solvent/air
interface. An alternative standard for batch vapor or in-line cleaning
machines is also included. Also, with the exception of certain
specified exemptions, the rule requires that cold cleaning machines use
a solvent with a vapor pressure of 1.00 mm Hg or less. In addition,
Chapter 130 includes the appropriate monitoring and recordkeeping
requirements to ensure compliance with the specified performance
standards. Finally, the rule requires compliance with the new low vapor
pressure requirement by May 1, 2005, and compliance with the other
requirements of the rule upon its effective date (i.e., June 28, 2004).
C. Why Is EPA Approving Maine's Regulations?
EPA has evaluated Maine's Chapter 153 and Chapter 130 and has found
that these regulations are generally consistent with EPA guidance and
the Ozone Transport Commission (OTC) model rules for the relevant
source categories. The specific requirements of Maine's regulations and
EPA's evaluation of these requirements are detailed in a memorandum,
dated April 22, 2005, entitled ``Technical Support Document--Maine--VOC
Regulations'' (TSD). The TSD and Maine's regulations are available in
the docket supporting this action.
The OTC has developed model rules for several VOC source
categories, and the OTC states, including Maine, have signed a
memorandum of understanding (MOU) committing to adopt these model
rules. (See ``Model Rule for Solvent Cleaning,'' and ``Model Rule for
Mobile Equipment Repair and Refinishing,'' both dated March 6, 2001.)
Several other OTC states have also recently adopted mobile
equipment repair and refinishing rules and solvent cleaning rules based
on the OTC model rules and EPA has already approved some of these
states' rules.\1\
---------------------------------------------------------------------------
\1\ For example, on November 22, 2002, EPA approved Delaware's
mobile equipment repair and refinishing rule (67 FR 70315), and on
January 23, 2004, EPA approved New York's solvent cleaning rule (69
FR 3237).
---------------------------------------------------------------------------
In addition, it should also be noted that EPA previously approved
an earlier version of Maine's Chapter 130 solvent cleaning rule into
the Maine SIP. (See 59 FR 31157; June 17, 1994.) The earlier version of
Chapter 130 was based on EPA's control technique guideline (CTG) for
solvent cleaning.\2\ As discussed in more detail in the TSD, EPA has
determined that the new version of Chapter 130 meets the section 110(l)
anti-backsliding provisions of the Clean Air Act (CAA). Therefore, EPA
is approving Chapter 130 to enforce the requirement under the CAA for
reasonably available control technology on this CTG category. Maine is
not submitting Chapter 153 to meet any specific control requirements
under the Clean Air Act. EPA is approving Chapter 153 because it will
strengthen Maine's SIP. If Maine elects to rely on Chapter 153 in a
future control strategy SIP (e.g., a rate of progress plan or an
attainment demonstration), the rule will become a control measure
required under the Clean Air Act for purposes of that control strategy
SIP.
---------------------------------------------------------------------------
\2\ ``Control of Volatile Organic Emissions from Solvent Metal
Cleaning,'' (EPA-450/2-77-022), November 1977.
---------------------------------------------------------------------------
D. What Is the Process for EPA To Approve These SIP Revisions?
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, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This action will be effective July 25, 2005
without further notice unless the EPA receives relevant adverse
comments by June 27, 2005.
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. Parties interested in commenting
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, 2005 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.
III. Final Action
EPA is approving Maine's Chapter 153, ``Mobile Equipment Repair and
Refinishing,'' and Chapter 130, ``Solvent Cleaners,'' and incorporating
these regulations into the Maine SIP.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is
[[Page 30369]]
not a ``significant regulatory action'' and therefore is not subject to
review by the Office of Management and Budget. For this reason, this
action is also not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely
approves State law as meeting federal requirements and imposes no
additional requirements beyond those imposed by State law. Accordingly,
the Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under State law and does not impose
any additional enforceable duty beyond that required by State law, it
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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the National Government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely approves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 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, 2005. Interested
parties should 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. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: May 9, 2005.
Robert W. Varney,
Regional Administrator, EPA New England.
0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
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. Section 52.1020 is amended by adding paragraph (c)(54) to read as
follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) * * *
(54) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on March 8, 2004, and June
28, 2004.
(i) Incorporation by reference. (A) Chapter 153 of the Maine
Department of Environmental Protection Regulations, ``Mobile Equipment
Repair and Refinishing,'' effective in the State of Maine on February
25, 2004.
(B) Chapter 130 of the Maine Department of Environmental Protection
Regulations, ``Solvent Cleaners,'' effective in the State of Maine on
June 28, 2004.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
0
3. In Sec. 52.1031, Table 52.1031 is amended by adding a new entry to
existing state citation 130, and by adding a new state citation, 153,
to read as follows:
Sec. 52.1031 EPA-approved Maine Regulations.
* * * * *
Table 52.1031.--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
Date Date
State citation Title/subject adopted approved Federal Register 52.1020
by State by EPA citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
130................ Solvent Cleaners.... 6/17/04 5/26/05 [Insert FR citation (c)(54).......
from published
date].
[[Page 30370]]
* * * * * * *
153................ Mobile Equipment 2/5/04 5/26/05 [Insert FR citation (c)(54).......
Repair and from published
Refinishing. date].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Note.--1. The regulations are effective statewide unless stated otherwise in comments section.
[FR Doc. 05-10481 Filed 5-25-05; 8:45 am]
BILLING CODE 6560-50-P