Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Approval of Regulations Limiting Emissions of Volatile Organic Compounds and Nitrogen Oxides, 61101-61107 [2015-25320]
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Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations
no Regulatory Flexibility Analysis is
required and none has been prepared.
List of Subjects
15 CFR Part 730
Administrative practice and
procedure, Advisory committees,
Exports, Reporting and recordkeeping
requirements, Strategic and critical
materials.
15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
Accordingly, parts 730 and 744 of the
EAR (15 CFR parts 730–774) are
amended as follows:
PART 730—[AMENDED]
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note;
22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30
U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a;
50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 11912, 41 FR 15825, 3 CFR,
1976 Comp., p. 114; E.O. 12002, 42 FR 35623,
3 CFR, 1977 Comp., p. 133; E.O. 12058, 43
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993
Comp., p. 608; E.O. 12854, 58 FR 36587, 3
CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR
28205, 3 CFR, 1994 Comp., p. 899; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 12947, 60 FR 5079, 3 CFR, 1995
Comp., p. 356; E.O. 12981, 60 FR 62981, 3
CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR
54079, 3 CFR, 1996 Comp., p. 219; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998
Comp., p. 208; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR
49079, 3 CFR, 2001 Comp., p. 786; E.O.
13338, 69 FR 26751, 3 CFR, 2004 Comp., p
168; E.O. 13637 of March 8, 2013, 78 FR
16129 (March 13, 2013); Notice of November
7, 2014, 79 FR 67035 (November 12, 2014);
Notice of January 21, 2015, 80 FR 3461
(January 22, 2015); Notice of May 6, 2015, 80
FR 26815 (May 8, 2015); Notice of August 7,
2015, 80 FR 48233 (August 11, 2015); Notice
of September 18, 2015, 80 FR 57281
(September 22, 2015).
PART 744—[AMENDED]
2. The authority citation for 15 CFR
part 744 is revised to read as follows:
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■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13099, 63 FR 45167, 3
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Dated: October 2, 2015.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2015–25756 Filed 10–8–15; 8:45 am]
BILLING CODE 3510–33–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
1. The authority citation for 15 CFR
part 730 is revised to read as follows:
■
VerDate Sep<11>2014
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
786; Notice of November 7, 2014, 79 FR
67035 (November 12, 2014); Notice of
January 21, 2015, 80 FR 3461 (January 22,
2015); Notice of August 7, 2015, 80 FR 48233
(August 11, 2015); Notice of September 18,
2015, 80 FR 57281 (September 22, 2015).
[EPA–R01–OAR–2014–0631; A–1–FRL–
9932–12–Region 1]
Approval and Promulgation of Air
Quality Implementation Plans;
Massachusetts; Approval of
Regulations Limiting Emissions of
Volatile Organic Compounds and
Nitrogen Oxides
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Massachusetts. These revisions establish
emission limitations for certain
activities that cause emissions of
volatile organic compounds (VOCs) and
nitrogen oxides (NOX). Approval of
these state requirements into the
Massachusetts SIP will make them
federally enforceable. This action is
being taken in accordance with the
Clean Air Act.
DATES: This direct final rule will be
effective December 8, 2015, unless EPA
receives adverse comments by
November 9, 2015. 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 Number EPA–
R01–OAR–2014–0631 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2014–0631,’’
Anne Arnold, U.S. Environmental
SUMMARY:
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61101
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5
Post Office Square—Suite 100, (Mail
code OEP05–2), Boston, MA 02109–
3912.
5. Hand Delivery or Courier. Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912.
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 a.m. to
4:30 p.m., excluding legal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2014–
0631. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, 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 through
www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, 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 email comment directly
to EPA without going through
www.regulations.gov your email 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
www.regulations.gov index. 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,
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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 www.regulations.gov or
in hard copy at U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, 5 Post Office Square—Suite
100, 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 a.m. to 4:30 p.m.,
excluding legal holidays.
In addition, copies of the state
submittal are also available for public
inspection during normal business
hours, by appointment at the following
State Air Agency: Air and Climate
Division, Department of Environmental
Protection, One Winter Street, 8th Floor,
Boston, MA 02108.
FOR FURTHER INFORMATION CONTACT: Bob
McConnell, Air Quality 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,
telephone number (617) 918–1668, fax
number (617) 918–0046, email
mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. The phrase ‘‘the Commonwealth’’
refers to the Commonwealth of
Massachusetts.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
II. Summary of the Commonwealth’s
Submittals
1. June 1, 2010 Submittal
a. Architectural and Industrial
Maintenance (AIM) Coatings And
Consumer Products Rule
b. Amendment to the Definition of VOC
2. July 10, 2014 Submittal
a. Adhesives and Sealants Regulation
b. Minor Revisions to Existing Regulations
i. Changes to 310 CMR 7.18, VOC RACT
ii. Change to 310 CMR 7.19, NOX RACT
iii. Changes to Appendix B: Emissions
Banking, Trading, and Averaging
III. Analysis of the Commonwealth’s
Submittals
1. June 1, 2010 Submittal
a. AIM coatings and Consumer Products
Rule
i. AIM Coatings Requirements
ii. Consumer Products Requirements
b. Amendment to the Definition of VOC
2. July 10, 2014 Submittal
a. Adhesives and Sealants Regulation
b. Minor Revisions to Existing Regulations
i. Changes to 310 CMR 7.18, VOC RACT
ii. Change to 310 CMR 7.19, NOX RACT
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iii. Changes to Appendix B: Emissions
Banking, Trading, and Averaging
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On June 1, 2010, and July 10, 2014,
the Commonwealth of Massachusetts
submitted formal revisions to its State
Implementation Plan (SIP). The
Commonwealth held public hearings on
February 28, 2007, March 2, 2007, and
November 25, 2008 for the items within
the June 1, 2010 submittal, and on
November 17, 2011 for the July 10, 2014
submittal. The June 1, 2010 SIP revision
request contains air pollution control
requirements that will reduce volatile
organic compound (VOC) emissions
from architectural and industrial
maintenance (AIM) coatings and from
consumer products, and also contains a
minor regulatory revision pertaining to
the definition of VOC. We approved
other portions of the Commonwealth’s
June 1, 2010 submittal pertaining to
solvent metal degreasing, motor vehicle
fuel dispensing, and several definitions
on September 9, 2013. See 78 FR 54960.
The Commonwealth’s July 10, 2014
submittal contains a regulation limiting
VOC emissions from adhesives and
sealants, and several minor revisions to
existing regulations.
II. Summary of the Commonwealth’s
Submittals
1. June 1, 2010 submittal
a. AIM Coatings and Consumer Products
Rule
The Commonwealth’s June 1, 2010
submittal includes an amended version
of Chapter 310 of the Code of
Massachusetts Regulations (CMR),
section 7.25, Best Available Controls for
Consumer and Commercial Products.
This regulation includes emission limits
for AIM coatings. EPA approved
Massachusetts’ initial regulation for
these sectors on December 19, 1995 (60
FR 65240), with a minor update
approved on April 11, 2000 (65 FR
19323).
The amended regulation achieves
further emission reductions of VOCs
from these sectors. This was
accomplished by lowering many of the
existing VOC emission limits, and by
expanding the universe of products
covered by these regulations.
Massachusetts adopted these
requirements to assist with efforts to
attain EPA’s 1997 8-hour ozone
standard. In 2004, EPA designated
Massachusetts as nonattainment for this
standard, and established two moderate
ozone nonattainment areas which
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together encompass the entire state. See
69 FR 23858.
Subsequent to Massachusetts’ initial
adoption of these rules, EPA
promulgated within 40 CFR part 59
emission standards for consumer
products which became effective
December 10, 1998, and for AIM
coatings, which became effective on
September 13, 1999. EPA has
determined that the Commonwealth’s
rules are no less stringent than EPA
requirements found at 40 CFR part 59.
Massachusetts based the current
revisions on control measures in place
in California and on model rules
adopted by the Ozone Transport
Commission (OTC) in 2001 for AIM
coatings, and in 2006 for consumer
products. The Commonwealth updated
these existing requirements in two
phases. The first phase occurred in 2007
and involved the majority of the
changes to the regulation, consisting of
the tightening of emission limits and
addition of product categories described
further in section III of this document.
The second phased occurred in 2008
and was undertaken to add alternative
compliance plan (ACP) provisions to the
regulation.
b. Amendment to the Definition of VOC
Definitions relied upon within the
Commonwealth’s air pollution control
regulations are codified within 310 CMR
7.00. On January 18, 2007 (72 FR 2193),
EPA amended its definition of VOC that
is contained within 40 CFR 51.100(s) by
adding the chemical compound HFE–
7300 to the list of compounds that are
not considered VOCs due to their
negligible photochemical reactivity.
Therefore, the Commonwealth also
added this compound to its list of
compounds which are exempt from the
definition of VOC pursuant to 310 CMR
7.00.
2. July 10, 2014 Submittal
a. Adhesives and Sealants Regulation
On July 10, 2014, Massachusetts
submitted a newly adopted VOC control
regulation, 310 CMR 7.18(30),
Adhesives and Sealants, to EPA as a
revision to its SIP. The regulation
establishes VOC content limits for
industrial adhesives and sealants and
associated cleaning and surface
preparation operations. The
Commonwealth’s submittal also makes
minor revisions to other sections of 310
CMR 7.18 to make these sections
consistent with the new adhesives and
sealants regulation.
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b. Minor Revisions to Existing
Regulations
i. Changes to 310 CMR 7.18, VOC RACT
Massachusetts amended its existing
VOC control regulation that ensures
reasonably available control technology
(RACT) is applied to certain industrial
sources to clarify the relationship
between RACT and Best Available
Control Technology (BACT) and Lowest
Achievable Emission Rates (LAER), and
further amended it to clarify the
requirements for emission control plan
(ECP) submittals. In addition,
Massachusetts’ submittal initially
included revisions to 310 CMR
7.18(1)(b). This provision, which deals
with halogenated organic compounds
(HOC), is not, however, part of the SIP.
Therefore, Massachusetts subsequently
withdrew the revised 310 CMR
7.18(1)(b) from the SIP submittal in a
letter dated July 15, 2015.
ii. Changes to 310 CMR 7.19, NOX RACT
The Commonwealth’s NOX RACT
regulation was amended similarly to the
above mentioned amendment made to
the VOC RACT requirements with
regard to the relationship between
RACT, BACT, and LAER, and also to
ECPs. Additionally, the July 10, 2014
submittal included a rewording of 310
CMR 7.19(1)(c)(9) to clarify the intent of
the paragraph.
iii. Changes to Appendix B: Emissions
Banking, Trading, and Averaging
The July 10, 2014 submittal included
an edit to the paragraph located at 310
CMR 7.00 Appendix B(4)(b)(7)
pertaining to bubbles approved prior to
May 25, 1988. A bubble is a mechanism
that allows the emission limits for two
or more units to be analyzed collectively
for regulatory purposes.
III. Analysis of the Commonwealth’s
Submittals
1. June 1, 2010 Submittal
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a. AIM Coatings and Consumer Products
Rule
Massachusetts updated 310 CMR 7.25,
Best Available Controls for Consumer
Products, based on model rules adopted
by the OTC in 2001 for AIM coatings,
and in 2006 for consumer products.
These OTC rules were, in turn, based on
requirements adopted and implemented
by the California Air Resources Board
(CARB).
i. AIM Coating Requirements
The technical support document
(TSD) prepared for this action, which is
available in the docket, contains tables
that provide a comparison of the
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Commonwealth’s newly adopted VOC
content limits versus the existing EPA
requirements. In conducting this
comparison, we noted that a minor
difference exists in how recycled
coatings are treated within the
Commonwealth’s AIM coating rule and
the federal rule. The Commonwealth’s
rule establishes a VOC content limit of
250 grams per liter (g/l) for recycled
coatings. The federal AIM rule uses a
formula based on the percent of the
coating that is from recycled materials,
and then determines an adjusted VOC
content that is compared to the
normative standard for that product
category. Therefore, it is conceivable
that the Commonwealth’s regulation
could provide a less stringent standard
than the federal AIM rule would
provide for a product containing
recycled materials. If this situation
occurs, we note that the limits within
the federal AIM rule would need to be
met. In all other cases, the
Commonwealth’s VOC content limits
are either more stringent than, or
equivalent to, those within the federal
AIM rule.
Additionally, there are a number of
product categories in the federal AIM
rule that are not similarly named within
the Commonwealth’s rule. Table 2
within the TSD prepared for this action
identifies these product categories, and
links them to the product category with
the Massachusetts AIM rule that applies
to them. In all cases, the
Commonwealth’s VOC content limits
are either more stringent than, or
equivalent to, those within the federal
AIM rule.
Massachusetts’ revised requirements
for AIM coatings contains a ‘‘sell
through’’ provision which enabled
coating manufacturers to sell coatings
manufactured before the effective date
of these requirements to be sold for up
to three years from the rule’s January 1,
2009 compliance date. The rule also
includes labeling and recordkeeping
requirements that are consistent with
EPA’s requirements. Coating
manufacturers must maintain coating
production records for a minimum of 5
years, and make these records available
upon request.
Additional updates to the
Commonwealth’s previously SIPapproved requirements for AIM coatings
include the following items:
1. The requirement at 7.25(4)
regarding a prohibition against
specifying non-compliant AIM products
for work to be done within
Massachusetts was moved to 7.25(11)
because it pertains to AIM coatings, and
does not apply to consumer and
commercial products.
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2. A provision explaining that
possible future emission standards
promulgated by EPA would override
existing Massachusetts standards was
removed. We note, however, that any
future EPA standards that are more
stringent than the comparable
Massachusetts standard would indeed
need to be complied with.
3. Requirements for products
registered pursuant to the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) were moved from 7.25(6) to
7.25(11) and (12).
4. The existing innovative products
exemption was moved from 7.25(7) to
7.25(12);
5. The requirement at 7.25(8) that
compliance certifications be submitted
to the Massachusetts Department of
Environmental Protection (MassDEP)
was removed, but the obligation for
sources to prepare and maintain this
information on site, and submit it to
MassDEP upon request, was retained.
The updates Massachusetts has made
to its existing AIM coatings regulation
strengthen the rule and are consistent
with the Clean Air Act, and we are
therefore approving them as revisions to
the Commonwealth’s SIP.
ii. Consumer Products Requirements
The Commonwealth’s updated
consumer product requirements became
effective January 1, 2009, by which time
other OTC states, and California, had
adopted similar limits. This enables
manufacturers to achieve compliance by
using product reformulations that are
similar to the available compliant
products in other jurisdictions. Table 3
within the TSD prepared for this action
compares the VOC content limits within
Massachusetts’ updated regulation and
the federal requirements. The VOC
content limits within Table 3 indicate
that in all instances the
Commonwealth’s limits are equal to, or
more stringent than, the comparable
EPA limit.
The consumer products provisions of
310 CMR 7.25 contain a number of
flexibility provisions, including the
three year sell through provision
mentioned earlier with regard to the
AIM coating requirements. The rule also
allows an entity to apply for a variance
that would postpone compliance upon a
successful showing of an economic
hardship due to the tightened limits
within the rule. A manufacturer may
apply directly to the MassDEP for such
an exemption, or alternatively, may
request that an exemption awarded by
CARB be used for compliance in
Massachusetts. In the latter case, the
CARB issued exemption must be shown
to be based on data that is valid in the
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Commonwealth. In order for a variance
to be granted, a source must meet a
number of requirements including a
demonstration that compliance would
result in extraordinary economic
hardship, and submittal of a compliance
report indicating that the source will
meet the rule’s requirements as
expeditiously as possible. Additionally,
the rule requires that any such request
for a variance be subject to a public
hearing, and must also be approved by
EPA before becoming effective.
The Commonwealth initially chose to
not allow alternative compliance plans
(ACPs) within its regulation, but
changed course and adopted provisions
allowing for them within amendments
made on March 6, 2009, in part due to
comments from industry requesting this
flexibility. The provision allows
manufacturers to average VOC
emissions among products to meet
overall VOC emission limits, and is
used by other OTC states and by CARB
within their consumer products rules.
After consulting with other states on
their experience offering this flexibility,
the Commonwealth determined that it
was appropriate to allow this with its
consumer products regulation. EPA
commented that any such ACP would
need to be approved into the
Massachusetts SIP, and within its
response to comments, the
Commonwealth committed to submit
any such ACP it receives to EPA for
approval into the Massachusetts SIP.
Our review of these amendments to
Massachusetts’ consumer products
regulation finds that they act to
strengthen them, meet federal
requirements, and will help to further
reduce VOC emissions, and we are
therefore approving them into the
Commonwealth’s SIP.
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b. Amendment to the Definition of VOC
The Commonwealth modified its
existing definition of VOC contained
within 310 CMR 7.00 by adding the
compound HFE–7300 to the list of
exempt compounds. This was done to
be consistent with a similar action taken
by EPA on January 18, 2007. See 72 FR
2193. EPA added HFE–7300 to the list
of compounds that are exempt from the
definition of VOC due to its negligible
photochemical reactivity. This change is
consistent with EPA’s definition of VOC
at 40 CFR 51.100(s), and we are
approving it into the Massachusetts SIP.
2. July 10, 2014 Submittal
a. Adhesives and Sealants Regulation
The Commonwealth’s adhesives and
sealants regulation imposes VOC
content limits, or other controls, on a
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number of products, and is based on
similar control measures that many
California air districts, and other states
in the Northeast, have adopted. In
particular, Massachusetts based its
regulation on a 2006 OTC model rule,
which in turn was based on earlier
requirements adopted in California, and
on EPA’s 2008 document, ‘‘Control
Techniques Guidelines for
Miscellaneous Adhesives.’’ EPA
develops Control Technique Guidelines
(CTGs) to assist states with determining
the appropriate level of control for
sources subject to RACT. Due to its
inclusion within the Ozone Transport
Region, the Commonwealth is required
to ensure that RACT is applied to
industrial sources in the Massachusetts
pursuant to section 184(b)(1)(B) of the
CAA. In 2006, 2007, and 2008, EPA
published final CTGs for a number of
VOC emitting activities, and
Massachusetts’ adoption of this
regulation satisfies the Commonwealth’s
obligation to adopt regulations for this
particular CTG.
Although Massachusetts’ existing
Consumer Products regulation at 310
CMR 7.25(12) regulates ‘‘household’’
adhesives and sealants, it exempts such
products sold in containers and
volumes more than 16 fluid ounces or
weighing more than 1 pound. Many of
these exempted items would be covered
by the Commonwealth’s adhesives and
sealants rule. The compliance date
within the Commonwealth’s adhesives
and sealants rule is January 1, 2015 with
regard to a manufacturer of products
sold in Massachusetts. Additionally, the
compliance date is September 1, 2015,
for any person who sells, supplies, or
offers for sale any covered product in
Massachusetts, and May 1, 2016 for any
person who uses, applies, or solicits the
use of covered products in
Massachusetts.
Table 4 of the TSD prepared for this
action provides the VOC content limits
contained within the rule for the
covered product categories, which are
adhesives, sealants, adhesive primers,
and sealant primers, and Table 5 of the
TSD contains the VOC content limits for
adhesives applied to particular
substrates. The Massachusetts rule
contains VOC content limits that are
equal to, or more stringent than, the
comparable limits within EPA’s CTG.
EPA’s CTG contains VOC content limits
for ‘‘motor vehicle adhesives’’ and
‘‘motor vehicle weather-strip
adhesives,’’ two product categories not
directly addressed in the
Commonwealth’s rule. In its response to
comments document prepared for the
adhesives and sealants rulemaking,
Massachusetts notes this difference and
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indicates that adhesives that fall under
these two categories will be regulated
under the applicable category limits for
adhesives applied to particular
substrates. These limits have a
maximum VOC content of 250 grams/
liter and are at least as stringent as the
limits for motor vehicle adhesives and
motor vehicle weather-strip adhesives
within EPA’s CTG.
The Commonwealth’s adhesives and
sealants rule also contains testing,
labeling, and recordkeeping
requirements for entities subject to the
rule. We are approving the
Commonwealth’s adhesives and
sealants regulation as meeting the
requirements of RACT as outlined
within EPA’s 2008 CTG for this category
of VOC emitting products.
b. Minor Revisions to Existing
Regulations
i. Changes to 310 CMR 7.18, VOC RACT
Massachusetts amended its existing
VOC RACT regulation to clarify the
relationship between RACT, BACT, and
LAER. Specifically, the Commonwealth
clarified that an emission unit subject to
a BACT or LAER plan approval is not
subject to RACT unless and until such
time as a RACT standard becomes more
stringent than the existing BACT or
LAER standard to which the unit is
subject. Regarding emission control
plans (ECPs), Massachusetts made
changes to 310 CMR 7.18(20)(a) and (b)
to clarify which sources need such
plans, and which sources are exempt.
ii. Changes to 310 CMR 7.19, NOX
RACT
The Commonwealth’s NOx RACT
regulation was amended similarly to the
above mentioned amendment made to
the VOC RACT requirements with
regard to the relationship between
RACT, BACT, and LAER. The revised
language appears within the paragraph
located at section 310 CMR 7.19(1)(c)(9).
iii. Changes to Appendix B: Emissions
Banking, Trading, and Averaging
The July 10, 2014 submittal included
an edit to 310 CMR 7.00 Appendix B,
which EPA previously approved into
the Commonwealth’s SIP on August 8,
1996. See 61 FR 41335. The amendment
concerns paragraph (4)(b)(7) of
Appendix B pertaining to bubbles
approved prior to May 25, 1988. A
bubble is a mechanism that allows the
emission limits for two or more units to
be analyzed collectively for regulatory
purposes. The revision applies to
facilities that were issued bubbles prior
to May 25, 1988, that seek to modify the
requirements of the bubble solely to
incorporate a more stringent RACT
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requirement. The revised language
clarifies the original intent of the
regulation that such facilities are not
subject to the requirements of 310 CMR
7.00: Appendix B(4).
We have reviewed the
Commonwealth’s SIP submittals made
on July 10, 2014, and find that they are
consistent with the requirements of the
Clean Air Act. We are, therefore,
approving them as revisions to the
Commonwealth’s SIP.
IV. Final Action
We are approving revisions to the
Massachusetts SIP submitted on June 1,
2010, consisting of updates to an
existing regulation limiting VOC
emissions from AIM coatings and
consumer products, and also a revised
definition of VOC. We are also
approving SIP revisions submitted on
July 10, 2014, consisting of a new
regulation that limits VOC emissions
from adhesives and sealants, several
minor updates to the Commonwealth’s
existing VOC and NOX RACT
regulations, and a minor change to
Appendix B, Emissions Banking,
Trading, and Averaging.
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
December 8, 2015 without further notice
unless the Agency receives relevant
adverse comments by November 9,
2015.
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 December 8, 2015 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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V. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
Massachusetts’ 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 www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
VI. 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
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61105
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 December 8,
2015. 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
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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: July 22, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart W—Massachusetts
2. Section 52.1120 is amended by
adding paragraph (c)(142) to read as
follows:
■
§ 52.1120
Identification of plan.
*
*
*
*
*
(c) * * *
(142) Revisions to the State
Implementation Plan submitted by the
Massachusetts Department of
Environmental Protection.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310
CMR 7.00, ‘‘Statutory Authority;
Legend; Preamble; Definitions,’’ the
definition for volatile organic
compound, effective on March 6, 2009.
(B) Massachusetts Regulation 310
CMR 7.00, Appendix B, ‘‘U Emissions
Banking, Trading, and Averaging,’’
section (4), ‘‘Emissions Averaging
(Bubble),’’ paragraph (b)7, effective
August 30, 2013.
(C) Massachusetts Regulation 310
CMR 7.18, ‘‘U Volatile and Halogenated
Organic Compounds,’’ section (1), ‘‘U
Applicability and Handling
Requirements,’’ paragraphs (d) and (f);
section (2), ‘‘U Compliance with
Emission Limitations,’’ paragraphs (b),
(e), and (f); section (20), ‘‘Emission
Control Plans for Implementation of
Reasonably Available Control
Technology,’’ paragraph (a); and section
(30), ‘‘Adhesives and Sealants;’’
effective August 30, 2013.
(D) Massachusetts Regulation 310
CMR 7.19, ‘‘U Reasonably Available
Control Technology (RACT) for Sources
of Oxides of Nitrogen (NOX),’’ section
(1), ‘‘Applicability,’’ paragraph (c)9,
effective August 30, 2013.
(E) Massachusetts Regulation 310
CMR 7.25, ‘‘U Best Available Controls
for Consumer and Commercial
Products,’’ effective October 19, 2007.
3. In § 52.1167, Table 52.1167 is
amended by:
■ a. Adding a new entry to the existing
state citations for 310 CMR 7.00;
■ b. Adding a new entry for 310 CMR
7.00 Appendix B in alphanumerical
order;
■ c. Adding a new entry for 310 CMR
7.18(1)(d) and (f) in alphanumerical
order;
■ d. Adding a new entry for 310 CMR
7.18(2)(b), (e), and (f) in alphanumerical
order;
■ e. Adding a new entry for 310 CMR
7.18(20)(a) and (b) in alphanumerical
order;
■ f. Adding a new entry for 310 CMR
7.18(30) in alphanumerical order;
■ g. Adding a new entry for 310 CMR
7.19(1)(c)(9) in alphanumerical order;
and
■ h. Adding a new entry to the existing
state citations for 310 CMR 7.25.
■
§ 52.1167 EPA-approved Massachusetts
State regulations.
*
*
*
*
*
TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS
[See Notes at end of Table]
Date
submitted
by State
Date approved
by EPA
Title/subject
*
310 CMR 7.00
*
Definitions .......
*
6/1/10
10/9/15
*
310 CMR 7.00
Appendix B.
U
*
Emissions
Banking,
Trading, and
Averaging..
*
7/10/14
10/9/15
*
310 CMR
7.18(1)(d)
and (f)..
U
*
Applicability
and Handling
Requirements.
*
7/10/14
10/9/15
*
310 CMR
7.18(2)(b),
(e), (f)..
rmajette on DSK7SPTVN1PROD with RULES
State citation
U
*
Compliance
with Emission Limitations.
*
7/10/14
10/9/15
*
310 CMR
7.18(20)(a),
(b).
*
Emission Control Plans for
Implementation of RACT.
*
7/10/14
10/9/15
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Federal Register
citation
52.1120(c)
*
*
[Insert Federal Register page number
where the document
begins].
*
*
[Insert Federal Register page number
where the document
begins].
*
*
[Insert Federal Register page number
where the document
begins].
*
*
[Insert Federal Register page number
where the document
begins].
*
*
[Insert Federal Register page number
where the document
begins].
Fmt 4700
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Comments/unapproved
sections
142
*
*
Approved update to definition
for volatile organic compound.
142
*
*
Approved amended language
regarding emissions averaging bubbles.
142
*
*
Revisions made to clarify applicability requirements.
142
142
09OCR1
*
*
Revisions made clarifying eligibility for bubbling coating
lines together for compliance
purposes.
*
*
Clarification of entities required
to submit emission control
plans.
61107
Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations
TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS—Continued
[See Notes at end of Table]
State citation
Date
submitted
by State
Title/subject
Date approved
by EPA
*
310 CMR
7.18(30).
*
Adhesives and
Sealants.
*
7/10/14
10/9/15
*
310 CMR
7.19(1)(c)(9).
*
NOx RACT .....
*
7/10/14
10/9/15
*
310 CMR 7.25
*
Best Available
Controls for
Consumer
and Commercial Products.
*
6/1/10
10/9/15
*
*
Federal Register
citation
*
*
[Insert Federal Register page number
where the document
begins].
142
*
*
[Insert Federal Register page number
where the document
begins].
*
*
*
Regulation limiting emissions
from adhesives and
sealants.
142
*
*
[Insert Federal Register page number
where the document
begins].
*
Comments/unapproved
sections
52.1120(c)
*
*
Update made to section 1, applicability.
142
*
*
*
Amended existing consumer
products related requirements, added provisions
concerning AIM coatings.
*
*
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this date.
2. The regulations are effective statewide unless otherwise stated in comments or title section.
[FR Doc. 2015–25320 Filed 10–8–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0443 FRL–9935–19–
Region 4]
Approval and Promulgation of
Implementation Plans; Kentucky
Infrastructure Requirements for the
2008 Lead NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of the July 17, 2012,
State Implementation Plan (SIP)
submission, provided by the
Commonwealth of Kentucky, Energy
and Environment Cabinet, Department
for Environmental Protection, through
the Kentucky Division for Air Quality
(KY DAQ) for inclusion into the
Kentucky SIP. This final submission
pertains to the Clean Air Act (CAA or
the Act) infrastructure requirements for
the 2008 Lead national ambient air
quality standards (NAAQS). The CAA
requires that each state adopt and
submit a SIP for the implementation,
maintenance, and enforcement of each
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SUMMARY:
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15:01 Oct 08, 2015
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NAAQS promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. KY DAQ certified
that the Kentucky SIP contains
provisions that ensure the 2008 Lead
NAAQS is implemented, enforced, and
maintained in Kentucky. With the
exception of provisions pertaining to
prevention of significant deterioration
(PSD) permitting which EPA has already
approved, EPA is taking final action to
approve Kentucky’s infrastructure
submission, provided to EPA on July 17,
2012, as satisfying the required
infrastructure elements for the 2008
Lead NAAQS.
DATES: This rule is effective November
9, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2014–0443. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information 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 through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
PO 00000
Frm 00021
Fmt 4700
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Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person 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 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Zuri
Farngalo, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Farngalo can be reached by phone at
(404) 562–9152 or via electronic mail at
farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS.
Section 110(a) of the CAA generally
requires states to make a SIP submission
to meet applicable requirements in
order to provide for the implementation,
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]]>Agencies
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61101-61107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25320]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2014-0631; A-1-FRL-9932-12-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Approval of Regulations Limiting Emissions of Volatile
Organic Compounds and Nitrogen Oxides
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the Commonwealth of
Massachusetts. These revisions establish emission limitations for
certain activities that cause emissions of volatile organic compounds
(VOCs) and nitrogen oxides (NOX). Approval of these state
requirements into the Massachusetts SIP will make them federally
enforceable. This action is being taken in accordance with the Clean
Air Act.
DATES: This direct final rule will be effective December 8, 2015,
unless EPA receives adverse comments by November 9, 2015. 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 Number EPA-
R01-OAR-2014-0631 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2014-0631,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109-3912.
5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912. 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 a.m. to 4:30 p.m., excluding
legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2014-0631. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, 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 through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
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 email
comment directly to EPA without going through www.regulations.gov your
email 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
www.regulations.gov index. 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,
[[Page 61102]]
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 www.regulations.gov or in hard copy at U.S.
Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, 5 Post Office Square--Suite 100,
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 a.m. to 4:30 p.m., excluding
legal holidays.
In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
following State Air Agency: Air and Climate Division, Department of
Environmental Protection, One Winter Street, 8th Floor, Boston, MA
02108.
FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality 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, telephone number (617) 918-1668, fax number (617) 918-0046, email
mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. The phrase ``the
Commonwealth'' refers to the Commonwealth of Massachusetts.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. Summary of the Commonwealth's Submittals
1. June 1, 2010 Submittal
a. Architectural and Industrial Maintenance (AIM) Coatings And
Consumer Products Rule
b. Amendment to the Definition of VOC
2. July 10, 2014 Submittal
a. Adhesives and Sealants Regulation
b. Minor Revisions to Existing Regulations
i. Changes to 310 CMR 7.18, VOC RACT
ii. Change to 310 CMR 7.19, NOX RACT
iii. Changes to Appendix B: Emissions Banking, Trading, and
Averaging
III. Analysis of the Commonwealth's Submittals
1. June 1, 2010 Submittal
a. AIM coatings and Consumer Products Rule
i. AIM Coatings Requirements
ii. Consumer Products Requirements
b. Amendment to the Definition of VOC
2. July 10, 2014 Submittal
a. Adhesives and Sealants Regulation
b. Minor Revisions to Existing Regulations
i. Changes to 310 CMR 7.18, VOC RACT
ii. Change to 310 CMR 7.19, NOX RACT
iii. Changes to Appendix B: Emissions Banking, Trading, and
Averaging
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On June 1, 2010, and July 10, 2014, the Commonwealth of
Massachusetts submitted formal revisions to its State Implementation
Plan (SIP). The Commonwealth held public hearings on February 28, 2007,
March 2, 2007, and November 25, 2008 for the items within the June 1,
2010 submittal, and on November 17, 2011 for the July 10, 2014
submittal. The June 1, 2010 SIP revision request contains air pollution
control requirements that will reduce volatile organic compound (VOC)
emissions from architectural and industrial maintenance (AIM) coatings
and from consumer products, and also contains a minor regulatory
revision pertaining to the definition of VOC. We approved other
portions of the Commonwealth's June 1, 2010 submittal pertaining to
solvent metal degreasing, motor vehicle fuel dispensing, and several
definitions on September 9, 2013. See 78 FR 54960. The Commonwealth's
July 10, 2014 submittal contains a regulation limiting VOC emissions
from adhesives and sealants, and several minor revisions to existing
regulations.
II. Summary of the Commonwealth's Submittals
1. June 1, 2010 submittal
a. AIM Coatings and Consumer Products Rule
The Commonwealth's June 1, 2010 submittal includes an amended
version of Chapter 310 of the Code of Massachusetts Regulations (CMR),
section 7.25, Best Available Controls for Consumer and Commercial
Products. This regulation includes emission limits for AIM coatings.
EPA approved Massachusetts' initial regulation for these sectors on
December 19, 1995 (60 FR 65240), with a minor update approved on April
11, 2000 (65 FR 19323).
The amended regulation achieves further emission reductions of VOCs
from these sectors. This was accomplished by lowering many of the
existing VOC emission limits, and by expanding the universe of products
covered by these regulations. Massachusetts adopted these requirements
to assist with efforts to attain EPA's 1997 8-hour ozone standard. In
2004, EPA designated Massachusetts as nonattainment for this standard,
and established two moderate ozone nonattainment areas which together
encompass the entire state. See 69 FR 23858.
Subsequent to Massachusetts' initial adoption of these rules, EPA
promulgated within 40 CFR part 59 emission standards for consumer
products which became effective December 10, 1998, and for AIM
coatings, which became effective on September 13, 1999. EPA has
determined that the Commonwealth's rules are no less stringent than EPA
requirements found at 40 CFR part 59.
Massachusetts based the current revisions on control measures in
place in California and on model rules adopted by the Ozone Transport
Commission (OTC) in 2001 for AIM coatings, and in 2006 for consumer
products. The Commonwealth updated these existing requirements in two
phases. The first phase occurred in 2007 and involved the majority of
the changes to the regulation, consisting of the tightening of emission
limits and addition of product categories described further in section
III of this document. The second phased occurred in 2008 and was
undertaken to add alternative compliance plan (ACP) provisions to the
regulation.
b. Amendment to the Definition of VOC
Definitions relied upon within the Commonwealth's air pollution
control regulations are codified within 310 CMR 7.00. On January 18,
2007 (72 FR 2193), EPA amended its definition of VOC that is contained
within 40 CFR 51.100(s) by adding the chemical compound HFE-7300 to the
list of compounds that are not considered VOCs due to their negligible
photochemical reactivity. Therefore, the Commonwealth also added this
compound to its list of compounds which are exempt from the definition
of VOC pursuant to 310 CMR 7.00.
2. July 10, 2014 Submittal
a. Adhesives and Sealants Regulation
On July 10, 2014, Massachusetts submitted a newly adopted VOC
control regulation, 310 CMR 7.18(30), Adhesives and Sealants, to EPA as
a revision to its SIP. The regulation establishes VOC content limits
for industrial adhesives and sealants and associated cleaning and
surface preparation operations. The Commonwealth's submittal also makes
minor revisions to other sections of 310 CMR 7.18 to make these
sections consistent with the new adhesives and sealants regulation.
[[Page 61103]]
b. Minor Revisions to Existing Regulations
i. Changes to 310 CMR 7.18, VOC RACT
Massachusetts amended its existing VOC control regulation that
ensures reasonably available control technology (RACT) is applied to
certain industrial sources to clarify the relationship between RACT and
Best Available Control Technology (BACT) and Lowest Achievable Emission
Rates (LAER), and further amended it to clarify the requirements for
emission control plan (ECP) submittals. In addition, Massachusetts'
submittal initially included revisions to 310 CMR 7.18(1)(b). This
provision, which deals with halogenated organic compounds (HOC), is
not, however, part of the SIP. Therefore, Massachusetts subsequently
withdrew the revised 310 CMR 7.18(1)(b) from the SIP submittal in a
letter dated July 15, 2015.
ii. Changes to 310 CMR 7.19, NOX RACT
The Commonwealth's NOX RACT regulation was amended
similarly to the above mentioned amendment made to the VOC RACT
requirements with regard to the relationship between RACT, BACT, and
LAER, and also to ECPs. Additionally, the July 10, 2014 submittal
included a rewording of 310 CMR 7.19(1)(c)(9) to clarify the intent of
the paragraph.
iii. Changes to Appendix B: Emissions Banking, Trading, and Averaging
The July 10, 2014 submittal included an edit to the paragraph
located at 310 CMR 7.00 Appendix B(4)(b)(7) pertaining to bubbles
approved prior to May 25, 1988. A bubble is a mechanism that allows the
emission limits for two or more units to be analyzed collectively for
regulatory purposes.
III. Analysis of the Commonwealth's Submittals
1. June 1, 2010 Submittal
a. AIM Coatings and Consumer Products Rule
Massachusetts updated 310 CMR 7.25, Best Available Controls for
Consumer Products, based on model rules adopted by the OTC in 2001 for
AIM coatings, and in 2006 for consumer products. These OTC rules were,
in turn, based on requirements adopted and implemented by the
California Air Resources Board (CARB).
i. AIM Coating Requirements
The technical support document (TSD) prepared for this action,
which is available in the docket, contains tables that provide a
comparison of the Commonwealth's newly adopted VOC content limits
versus the existing EPA requirements. In conducting this comparison, we
noted that a minor difference exists in how recycled coatings are
treated within the Commonwealth's AIM coating rule and the federal
rule. The Commonwealth's rule establishes a VOC content limit of 250
grams per liter (g/l) for recycled coatings. The federal AIM rule uses
a formula based on the percent of the coating that is from recycled
materials, and then determines an adjusted VOC content that is compared
to the normative standard for that product category. Therefore, it is
conceivable that the Commonwealth's regulation could provide a less
stringent standard than the federal AIM rule would provide for a
product containing recycled materials. If this situation occurs, we
note that the limits within the federal AIM rule would need to be met.
In all other cases, the Commonwealth's VOC content limits are either
more stringent than, or equivalent to, those within the federal AIM
rule.
Additionally, there are a number of product categories in the
federal AIM rule that are not similarly named within the Commonwealth's
rule. Table 2 within the TSD prepared for this action identifies these
product categories, and links them to the product category with the
Massachusetts AIM rule that applies to them. In all cases, the
Commonwealth's VOC content limits are either more stringent than, or
equivalent to, those within the federal AIM rule.
Massachusetts' revised requirements for AIM coatings contains a
``sell through'' provision which enabled coating manufacturers to sell
coatings manufactured before the effective date of these requirements
to be sold for up to three years from the rule's January 1, 2009
compliance date. The rule also includes labeling and recordkeeping
requirements that are consistent with EPA's requirements. Coating
manufacturers must maintain coating production records for a minimum of
5 years, and make these records available upon request.
Additional updates to the Commonwealth's previously SIP-approved
requirements for AIM coatings include the following items:
1. The requirement at 7.25(4) regarding a prohibition against
specifying non-compliant AIM products for work to be done within
Massachusetts was moved to 7.25(11) because it pertains to AIM
coatings, and does not apply to consumer and commercial products.
2. A provision explaining that possible future emission standards
promulgated by EPA would override existing Massachusetts standards was
removed. We note, however, that any future EPA standards that are more
stringent than the comparable Massachusetts standard would indeed need
to be complied with.
3. Requirements for products registered pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) were moved from
7.25(6) to 7.25(11) and (12).
4. The existing innovative products exemption was moved from
7.25(7) to 7.25(12);
5. The requirement at 7.25(8) that compliance certifications be
submitted to the Massachusetts Department of Environmental Protection
(MassDEP) was removed, but the obligation for sources to prepare and
maintain this information on site, and submit it to MassDEP upon
request, was retained.
The updates Massachusetts has made to its existing AIM coatings
regulation strengthen the rule and are consistent with the Clean Air
Act, and we are therefore approving them as revisions to the
Commonwealth's SIP.
ii. Consumer Products Requirements
The Commonwealth's updated consumer product requirements became
effective January 1, 2009, by which time other OTC states, and
California, had adopted similar limits. This enables manufacturers to
achieve compliance by using product reformulations that are similar to
the available compliant products in other jurisdictions. Table 3 within
the TSD prepared for this action compares the VOC content limits within
Massachusetts' updated regulation and the federal requirements. The VOC
content limits within Table 3 indicate that in all instances the
Commonwealth's limits are equal to, or more stringent than, the
comparable EPA limit.
The consumer products provisions of 310 CMR 7.25 contain a number
of flexibility provisions, including the three year sell through
provision mentioned earlier with regard to the AIM coating
requirements. The rule also allows an entity to apply for a variance
that would postpone compliance upon a successful showing of an economic
hardship due to the tightened limits within the rule. A manufacturer
may apply directly to the MassDEP for such an exemption, or
alternatively, may request that an exemption awarded by CARB be used
for compliance in Massachusetts. In the latter case, the CARB issued
exemption must be shown to be based on data that is valid in the
[[Page 61104]]
Commonwealth. In order for a variance to be granted, a source must meet
a number of requirements including a demonstration that compliance
would result in extraordinary economic hardship, and submittal of a
compliance report indicating that the source will meet the rule's
requirements as expeditiously as possible. Additionally, the rule
requires that any such request for a variance be subject to a public
hearing, and must also be approved by EPA before becoming effective.
The Commonwealth initially chose to not allow alternative
compliance plans (ACPs) within its regulation, but changed course and
adopted provisions allowing for them within amendments made on March 6,
2009, in part due to comments from industry requesting this
flexibility. The provision allows manufacturers to average VOC
emissions among products to meet overall VOC emission limits, and is
used by other OTC states and by CARB within their consumer products
rules. After consulting with other states on their experience offering
this flexibility, the Commonwealth determined that it was appropriate
to allow this with its consumer products regulation. EPA commented that
any such ACP would need to be approved into the Massachusetts SIP, and
within its response to comments, the Commonwealth committed to submit
any such ACP it receives to EPA for approval into the Massachusetts
SIP.
Our review of these amendments to Massachusetts' consumer products
regulation finds that they act to strengthen them, meet federal
requirements, and will help to further reduce VOC emissions, and we are
therefore approving them into the Commonwealth's SIP.
b. Amendment to the Definition of VOC
The Commonwealth modified its existing definition of VOC contained
within 310 CMR 7.00 by adding the compound HFE-7300 to the list of
exempt compounds. This was done to be consistent with a similar action
taken by EPA on January 18, 2007. See 72 FR 2193. EPA added HFE-7300 to
the list of compounds that are exempt from the definition of VOC due to
its negligible photochemical reactivity. This change is consistent with
EPA's definition of VOC at 40 CFR 51.100(s), and we are approving it
into the Massachusetts SIP.
2. July 10, 2014 Submittal
a. Adhesives and Sealants Regulation
The Commonwealth's adhesives and sealants regulation imposes VOC
content limits, or other controls, on a number of products, and is
based on similar control measures that many California air districts,
and other states in the Northeast, have adopted. In particular,
Massachusetts based its regulation on a 2006 OTC model rule, which in
turn was based on earlier requirements adopted in California, and on
EPA's 2008 document, ``Control Techniques Guidelines for Miscellaneous
Adhesives.'' EPA develops Control Technique Guidelines (CTGs) to assist
states with determining the appropriate level of control for sources
subject to RACT. Due to its inclusion within the Ozone Transport
Region, the Commonwealth is required to ensure that RACT is applied to
industrial sources in the Massachusetts pursuant to section
184(b)(1)(B) of the CAA. In 2006, 2007, and 2008, EPA published final
CTGs for a number of VOC emitting activities, and Massachusetts'
adoption of this regulation satisfies the Commonwealth's obligation to
adopt regulations for this particular CTG.
Although Massachusetts' existing Consumer Products regulation at
310 CMR 7.25(12) regulates ``household'' adhesives and sealants, it
exempts such products sold in containers and volumes more than 16 fluid
ounces or weighing more than 1 pound. Many of these exempted items
would be covered by the Commonwealth's adhesives and sealants rule. The
compliance date within the Commonwealth's adhesives and sealants rule
is January 1, 2015 with regard to a manufacturer of products sold in
Massachusetts. Additionally, the compliance date is September 1, 2015,
for any person who sells, supplies, or offers for sale any covered
product in Massachusetts, and May 1, 2016 for any person who uses,
applies, or solicits the use of covered products in Massachusetts.
Table 4 of the TSD prepared for this action provides the VOC
content limits contained within the rule for the covered product
categories, which are adhesives, sealants, adhesive primers, and
sealant primers, and Table 5 of the TSD contains the VOC content limits
for adhesives applied to particular substrates. The Massachusetts rule
contains VOC content limits that are equal to, or more stringent than,
the comparable limits within EPA's CTG. EPA's CTG contains VOC content
limits for ``motor vehicle adhesives'' and ``motor vehicle weather-
strip adhesives,'' two product categories not directly addressed in the
Commonwealth's rule. In its response to comments document prepared for
the adhesives and sealants rulemaking, Massachusetts notes this
difference and indicates that adhesives that fall under these two
categories will be regulated under the applicable category limits for
adhesives applied to particular substrates. These limits have a maximum
VOC content of 250 grams/liter and are at least as stringent as the
limits for motor vehicle adhesives and motor vehicle weather-strip
adhesives within EPA's CTG.
The Commonwealth's adhesives and sealants rule also contains
testing, labeling, and recordkeeping requirements for entities subject
to the rule. We are approving the Commonwealth's adhesives and sealants
regulation as meeting the requirements of RACT as outlined within EPA's
2008 CTG for this category of VOC emitting products.
b. Minor Revisions to Existing Regulations
i. Changes to 310 CMR 7.18, VOC RACT
Massachusetts amended its existing VOC RACT regulation to clarify
the relationship between RACT, BACT, and LAER. Specifically, the
Commonwealth clarified that an emission unit subject to a BACT or LAER
plan approval is not subject to RACT unless and until such time as a
RACT standard becomes more stringent than the existing BACT or LAER
standard to which the unit is subject. Regarding emission control plans
(ECPs), Massachusetts made changes to 310 CMR 7.18(20)(a) and (b) to
clarify which sources need such plans, and which sources are exempt.
ii. Changes to 310 CMR 7.19, NOX RACT
The Commonwealth's NOx RACT regulation was amended similarly to the
above mentioned amendment made to the VOC RACT requirements with regard
to the relationship between RACT, BACT, and LAER. The revised language
appears within the paragraph located at section 310 CMR 7.19(1)(c)(9).
iii. Changes to Appendix B: Emissions Banking, Trading, and Averaging
The July 10, 2014 submittal included an edit to 310 CMR 7.00
Appendix B, which EPA previously approved into the Commonwealth's SIP
on August 8, 1996. See 61 FR 41335. The amendment concerns paragraph
(4)(b)(7) of Appendix B pertaining to bubbles approved prior to May 25,
1988. A bubble is a mechanism that allows the emission limits for two
or more units to be analyzed collectively for regulatory purposes. The
revision applies to facilities that were issued bubbles prior to May
25, 1988, that seek to modify the requirements of the bubble solely to
incorporate a more stringent RACT
[[Page 61105]]
requirement. The revised language clarifies the original intent of the
regulation that such facilities are not subject to the requirements of
310 CMR 7.00: Appendix B(4).
We have reviewed the Commonwealth's SIP submittals made on July 10,
2014, and find that they are consistent with the requirements of the
Clean Air Act. We are, therefore, approving them as revisions to the
Commonwealth's SIP.
IV. Final Action
We are approving revisions to the Massachusetts SIP submitted on
June 1, 2010, consisting of updates to an existing regulation limiting
VOC emissions from AIM coatings and consumer products, and also a
revised definition of VOC. We are also approving SIP revisions
submitted on July 10, 2014, consisting of a new regulation that limits
VOC emissions from adhesives and sealants, several minor updates to the
Commonwealth's existing VOC and NOX RACT regulations, and a
minor change to Appendix B, Emissions Banking, Trading, and Averaging.
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
December 8, 2015 without further notice unless the Agency receives
relevant adverse comments by November 9, 2015.
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 December 8, 2015 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.
V. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Massachusetts' 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
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
VI. 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 December 8, 2015. 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
[[Page 61106]]
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: July 22, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
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 W--Massachusetts
0
2. Section 52.1120 is amended by adding paragraph (c)(142) to read as
follows:
Sec. 52.1120 Identification of plan.
* * * * *
(c) * * *
(142) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority;
Legend; Preamble; Definitions,'' the definition for volatile organic
compound, effective on March 6, 2009.
(B) Massachusetts Regulation 310 CMR 7.00, Appendix B, ``U
Emissions Banking, Trading, and Averaging,'' section (4), ``Emissions
Averaging (Bubble),'' paragraph (b)7, effective August 30, 2013.
(C) Massachusetts Regulation 310 CMR 7.18, ``U Volatile and
Halogenated Organic Compounds,'' section (1), ``U Applicability and
Handling Requirements,'' paragraphs (d) and (f); section (2), ``U
Compliance with Emission Limitations,'' paragraphs (b), (e), and (f);
section (20), ``Emission Control Plans for Implementation of Reasonably
Available Control Technology,'' paragraph (a); and section (30),
``Adhesives and Sealants;'' effective August 30, 2013.
(D) Massachusetts Regulation 310 CMR 7.19, ``U Reasonably Available
Control Technology (RACT) for Sources of Oxides of Nitrogen
(NOX),'' section (1), ``Applicability,'' paragraph (c)9,
effective August 30, 2013.
(E) Massachusetts Regulation 310 CMR 7.25, ``U Best Available
Controls for Consumer and Commercial Products,'' effective October 19,
2007.
0
3. In Sec. 52.1167, Table 52.1167 is amended by:
0
a. Adding a new entry to the existing state citations for 310 CMR 7.00;
0
b. Adding a new entry for 310 CMR 7.00 Appendix B in alphanumerical
order;
0
c. Adding a new entry for 310 CMR 7.18(1)(d) and (f) in alphanumerical
order;
0
d. Adding a new entry for 310 CMR 7.18(2)(b), (e), and (f) in
alphanumerical order;
0
e. Adding a new entry for 310 CMR 7.18(20)(a) and (b) in alphanumerical
order;
0
f. Adding a new entry for 310 CMR 7.18(30) in alphanumerical order;
0
g. Adding a new entry for 310 CMR 7.19(1)(c)(9) in alphanumerical
order; and
0
h. Adding a new entry to the existing state citations for 310 CMR 7.25.
Sec. 52.1167 EPA-approved Massachusetts State regulations.
* * * * *
Table 52.1167--EPA-Approved Rules and Regulations
[See Notes at end of Table]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date
State citation Title/subject submitted by Date approved Federal Register 52.1120(c) Comments/unapproved
State by EPA citation sections
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
310 CMR 7.00..................... Definitions......... 6/1/10 10/9/15 [Insert Federal 142 Approved update to
Register page definition for volatile
number where the organic compound.
document begins].
* * * * * * *
310 CMR 7.00 Appendix B.......... U Emissions Banking, 7/10/14 10/9/15 [Insert Federal 142 Approved amended language
Trading, and Register page regarding emissions
Averaging.. number where the averaging bubbles.
document begins].
* * * * * * *
310 CMR 7.18(1)(d) and (f)....... U Applicability and 7/10/14 10/9/15 [Insert Federal 142 Revisions made to clarify
Handling Register page applicability
Requirements. number where the requirements.
document begins].
* * * * * * *
310 CMR 7.18(2)(b), (e), (f)..... U Compliance with 7/10/14 10/9/15 [Insert Federal 142 Revisions made clarifying
Emission Register page eligibility for bubbling
Limitations. number where the coating lines together
document begins]. for compliance purposes.
* * * * * * *
310 CMR 7.18(20)(a), (b)......... Emission Control 7/10/14 10/9/15 [Insert Federal 142 Clarification of entities
Plans for Register page required to submit
Implementation of number where the emission control plans.
RACT. document begins].
[[Page 61107]]
* * * * * * *
310 CMR 7.18(30)................. Adhesives and 7/10/14 10/9/15 [Insert Federal 142 Regulation limiting
Sealants. Register page emissions from adhesives
number where the and sealants.
document begins].
* * * * * * *
310 CMR 7.19(1)(c)(9)............ NOx RACT............ 7/10/14 10/9/15 [Insert Federal 142 Update made to section 1,
Register page applicability.
number where the
document begins].
* * * * * * *
310 CMR 7.25..................... Best Available 6/1/10 10/9/15 [Insert Federal 142 Amended existing consumer
Controls for Register page products related
Consumer and number where the requirements, added
Commercial Products. document begins]. provisions concerning
AIM coatings.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this
date.
2. The regulations are effective statewide unless otherwise stated in comments or title section.
[FR Doc. 2015-25320 Filed 10-8-15; 8:45 am]
BILLING CODE 6560-50-P
