Air Plan Approval; Vermont; Reasonably Available Control Technology for the 2008 and 2015 Ozone Standards, 37812-37816 [2019-16204]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Proposed Rules]
[Pages 37812-37816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16204]



[[Page 37812]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0221; FRL-9997-13-Region 1]


Air Plan Approval; Vermont; Reasonably Available Control 
Technology for the 2008 and 2015 Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of a State Implementation Plan (SIP) revision submitted by the 
State of Vermont. The SIP revision consists of a demonstration that 
Vermont meets the requirements of reasonably available control 
technology (RACT) for the two precursors for ground-level ozone, oxides 
of nitrogen (NOX) and volatile organic compounds (VOCs), set 
forth by the Clean Air Act (CAA or Act) with respect to the 2008 and 
2015 ozone National Ambient Air Quality Standards (NAAQSs or 
standards). This action is being taken in accordance with the Act.

DATES: Written comments must be received on or before September 3, 
2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2019-0221 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly 
available docket materials are available at https://www.regulations.gov 
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional 
Office, Air and Radiation Division, Air Quality Branch, 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.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality 
Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post 
Office Square--Suite 100, (Mail Code 05-2), Boston, MA 02109-3912, tel. 
617-918-1584, email [email protected]

Table of Contents

I. Background
II. Summary of Vermont's SIP Revision
III. EPA's Evaluation of the Submittal
    A. NOX RACT for Major Sources
    B. Non-CTG VOC RACT for Major Sources
    C. CTG VOC RACT
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews


SUPPLEMENTARY INFORMATION:  Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background

    Vermont is part of the Ozone Transport Region (OTR) under Section 
184(a) of the CAA. Sections 182(b)(2) and 184 of the CAA require states 
with ozone nonattainment areas that are classified as moderate or 
above, as well as areas in the OTR, to submit a SIP revision requiring 
the implementation of reasonably available control technology (RACT) 
for sources covered by a control techniques guideline (CTG) and for all 
major sources. A CTG is a document issued by EPA which establishes a 
``presumptive norm'' for RACT for a specific VOC source category. RACT 
is defined as the lowest emission limitation that a particular source 
is capable of meeting by the application of control technology that is 
reasonably available considering technological and economic 
feasibility.\1\ The CTGs usually identify a particular control level 
which EPA recommends as being RACT. States are required to address RACT 
for the source categories covered by CTGs through adoption of rules as 
part of the SIP.
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    \1\ See Memorandum from Roger Strelow, Assistant Administrator 
for Air and Waste Management, U.S. EPA, to Regional Administrators, 
U.S. EPA, ``Guidance for Determining Acceptability of SIP 
Regulations in Non-Attainment Areas'' (Dec. 9, 1976); see also 44 FR 
53761, 53762 (September 17, 1979).
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    On October 5, 2006 (71 FR 58745), EPA issued four new CTGs, which 
applicable areas were required to address by October 5, 2007: 
Industrial Cleaning Solvents, Offset Lithographic Printing and 
Letterpress Printing; Flexible Package Printing; and Flat Wood Paneling 
Coatings. On October 9, 2007 (72 FR 57215), EPA issued three more CTGs, 
which applicable areas were required to address by October 9, 2008: 
Paper, Film, and Foil Coatings; Large Appliance Coatings; and Metal 
Furniture Coatings. On October 7, 2008 (73 FR 58841), EPA issued an 
additional four CTGs, which applicable areas were required to address 
by October 7, 2009: Miscellaneous Metal and Plastic Parts Coatings; 
Fiberglass Boat Manufacturing Materials; Miscellaneous Industrial 
Adhesives; and Automobile and Light-Duty Truck Assembly Coatings. 
Lastly, on Oct 27, 2016 (81 FR 74798), EPA issued the most recent CTG 
for the Oil and Natural Gas Industry, which applicable areas were 
required to address by October 27, 2018.
    On March 27, 2008 (73 FR 16436), EPA revised the health-based NAAQS 
for ozone to 0.075 parts per million (ppm), averaged over an 8-hour 
timeframe. EPA determined that the revised 8-hour standard would be 
more protective of human health, especially with regard to children and 
adults who are active outdoors and individuals with a pre-existing 
respiratory diseases such as asthma.
    On July 19, 2011 (76 FR 42560), EPA issued a Direct Final Rule 
Approving Vermont RACT for the 1997 8-Hour ozone NAAQS. In its 
approval, EPA conditionally approved permit conditions for Churchill 
Coatings Corporation and H.B.H. Prestain, Inc. into the Vermont SIP.
    On March 6, 2015 (80 FR 12264), EPA published a final rule 
outlining RACT requirements and requiring states in the OTR to certify 
RACT requirements by July 20, 2014. This rule, referred to as the 
``2008 Ozone Implementation Rule,'' contains a description of EPA's 
expectations for states with RACT obligations. The 2008 Ozone 
Implementation Rule gives states several options for meeting RACT 
requirements for the 2008 ozone standard. States may (1) establish new 
or more stringent rules that meet RACT control levels for the 2008 
standard; (2) certify, where appropriate, that previously adopted RACT 
rules approved by EPA under a prior ozone standard represent adequate

[[Page 37813]]

RACT control levels for the 2008 ozone NAAQS; or (3) submit a negative 
declaration in instances where there are no sources in the state 
covered by a specific CTG source category. States may use these options 
alone or in combination to demonstrate compliance with RACT 
requirements.
    On October 26, 2015 (80 FR 65291), EPA revised the health-based 
NAAQS for ozone, setting it at 0.070 ppm averaged over an 8-hour time 
frame. On December 6, 2018 (83 FR 62998), EPA published a final rule 
that outlines the obligations for areas in nonattainment with the 2015 
ozone standard, as well as obligations for areas in the OTR. This rule, 
referred to as the ``2015 Ozone Implementation Rule,'' requires states 
in the OTR to certify RACT requirements by August 3, 2020.
    On February 3, 2017 (82 FR 9158), EPA published a final rule 
finding that Vermont, as well as 14 other states and the District of 
Columbia, had failed to submit SIP revisions in a timely manner to 
satisfy certain requirements for the 2008 ozone NAAQS. With respect to 
Vermont, EPA found that the state had failed to submit three required 
SIP elements: NOX RACT for Major Sources; Non-CTG VOC RACT 
for Major Sources; and CTG VOC RACT. Id. at 9162. This finding became 
effective March 6, 2017, and started a SIP sanctions clock, which 
required the missing SIP elements to be submitted and deemed complete 
before September 6, 2018. Id. at 9160-61.

II. Summary of Vermont's SIP Revision

    On September 6, 2018, Vermont submitted a SIP revision to address 
its RACT requirements set forth by the CAA for the 2008 and 2015 8-hour 
ozone NAAQSs (i.e., RACT Certification). Also, on September 6, 2018, 
EPA determined that Vermont's SIP submittal was administratively and 
technically complete. This determination stopped the 18-month sanctions 
clock for all three of Vermont's outstanding RACT SIP submittal 
elements. Because the sanctions clock stopped on September 6, 2018, 
sanctions had no effect in the state of Vermont for the February 2017 
finding of failure to submit (82 FR 9158).
    Vermont's RACT Certification submittal is based on the fact that 
(1) all required RACT controls, both major sources and those subject to 
CTGs, are being implemented in Vermont and will be part of the Vermont 
SIP upon final approval of this EPA action; (2) previously approved 
controls, not being revised herein, continue to represent RACT for the 
2008 and 2015 ozone NAAQS; and (3) Vermont has no applicable sources 
for 29 CTG categories for which negative declarations are described in 
Section III.
    Specifically, Vermont's September 2018 SIP revision contains: A 
certification that Vermont has met all RACT requirements for the 2008 
and 2015 8-hour ozone NAAQS with negative declarations for 29 CTG 
categories; the addition of Vermont Air Pollution Control Regulations 
(APCRs) 5-253.8 Industrial Adhesives, 5-253.9 Offset Lithographic and 
Letterpress Printing, and 5-253.17 Industrial Solvent Cleaning to the 
Vermont SIP; revisions to Vermont APCRs 5-253.12 Coating of Flat Wood 
Paneling and 5-253.13 Coating of Miscellaneous Metal and Plastic; 
revisions to single-source requirements for ``Isovolta Inc. (Formerly 
U.S. Samica, Inc.) Operating Permit RACT provisions'', ``Killington/
Pico Ski Resort Partners, LLC. Operating Permit RACT provisions,'' and 
``Okemo Limited Liability Company Operating Permit RACT provisions''; 
and withdrawal of the single-source requirements for ``Churchill 
Coatings Corporation Operating Permit RACT conditions'' and ``H.B.H 
Prestain, Inc.''

III. EPA's Evaluation of the Submittal

A. NOX RACT for Major Sources

    Section 182 of the CAA requires RACT be applied to any major 
existing stationary source in the OTR with the potential to emit 100 
tons or greater per year of NOX. Vermont's NOX 
RACT regulation applies to all sources with potential NOX 
emissions of 100 tons per year, or greater, APCR 5-251(2)(a), unless 
they are already subject to a more stringent level of NOX 
control (i.e., new source review), id. 5-251(2)(c). Subsection 5-
521(2)(a) does not set specific NOX emission limitations or 
technology standards, but rather requires that sources have RACT 
defined on a case-by-case basis by VT ANR. Such case-specific RACT 
determinations must then be approved by EPA as revisions to Vermont's 
SIP. In 2011 (76 FR 42560), EPA approved APCR 5-251(2) as meeting 
NOX RACT requirements for the 1997 ozone NAAQS. EPA proposes 
that APCR 5-251(2) continues to represent RACT for applicable major 
stationary sources of NOX in Vermont for the 2008 and 2015 
ozone standards.
    Vermont has determined that it has only five operating sources with 
the potential to emit greater than 100 tons per year of NOX, 
as described in Table 3a of Vermont's September 2018 SIP Revision. Of 
these five sources, only two are subject to NOX RACT under 
APCR 5-251(2)(a). The source-specific requirements for these two 
facilities, Killington/Pico Ski Resort Partners, LLC and Okemo Limited 
Liability Company, were last approved into the Vermont SIP by EPA on 
July 19, 2011 (76 FR 42560). The relevant NOX RACT 
requirements for these two facilities are included in this submittal 
and contain NOX emission limits that have been further 
reduced. EPA proposes to adopt the revisions into Vermont's SIP as 
RACT. The other three sources, Joseph C. McNeil Generating Station, 
OMYA, Inc. Vermont Marble Power Division, and Ryegate Power Station, 
are each subject to major new source review permitting under APCR 5-
502, ``Major Stationary Sources and Major Modifications,'' and thus are 
subject to most stringent emission rate (MSER), which exceed, or are no 
less stringent than, RACT.
    After reviewing existing stationary NOX sources in 
Vermont, the EPA agrees with Vermont's determination that requirements 
for major sources of NOX meet, or are more stringent than, 
RACT requirements. Herein, EPA proposes that the above controls 
represent RACT for these NOX sources in Vermont for the 2008 
and 2015 ozone standards because no new control technologies are known 
to be reasonably available considering technological and economic 
feasibility for these sources since our last approval.

B. Non-CTG VOC RACT for Major Sources

    Section 184(b)(2) of the CAA requires RACT be applied to any major 
existing stationary source with the potential to emit 50 tons or 
greater per year of VOCs. Vermont's APCR 5-253.20 applies to all 
sources with potential VOC emissions of 50 tons per year, or greater, 
that are not regulated under a CTG specific regulation. In 2011 (76 FR 
42560), EPA approved APCR 5-253.20 as meeting RACT requirements for the 
1997 ozone NAAQS. EPA proposes that APCR 5-253.20 continues to 
represent RACT for applicable major stationary sources of VOCs in 
Vermont for the 2008 and 2015 ozone standards.
    Vermont has determined it has only five operating sources with the 
potential to emit greater than 50 tons per year of VOCs, as described 
in Table 2 of Vermont's September 2018 SIP Revision. Two of these 
sources (Ethan Allen Orleans and Ethan Allen Beecher Falls) are subject 
to the wood furniture CTG RACT in APCR 5-253.16, approved by EPA on 
July 19, 2011 (76 FR 42560). Two sources (Churchill Coatings 
Corporation and HBH Holdings LLC) were previously subject to source-
specific RACT orders but are now subject to the revised Flat Wood

[[Page 37814]]

Paneling CTG RACT in APCR 5-253.12 and being proposed to be adopted in 
to the VT SIP in this action (discussed later in the ``CTG VOC RACT'' 
section of this notice). Thus, Vermont requests the prior single source 
RACT determinations for these two facilities be withdrawn and 
regulation 5-253.12 Coating of Flat Wood Paneling now constitutes RACT 
in lieu of the previous source-specific RACT conditions.
    The remaining single-source RACT order facility, Isovolta, Inc. 
(formerly US Samica Corporation), had previously been approved by EPA 
on April 9, 1997. This order was updated on January 6, 2006, and 
Vermont has submitted the relative portions of the single-source 
requirements with its September 2018 RACT submittal. The provisions 
being added to the SIP contain specific compliance assurance 
requirements, such as, pollution control device monitoring and function 
testing, plus general recordkeeping and reporting requirements, all of 
which are required as part of an approvable RACT control.
    After reviewing existing stationary VOC sources in Vermont, the EPA 
agrees with Vermont's determination that the requirements for major 
sources of VOC meet RACT requirements. EPA proposes that APCR 5-253.20 
and the one remaining source-specific determination represent RACT for 
major VOC sources in Vermont for the 2008 and 2015 ozone standard 
because no new control technologies are known to be reasonably 
available considering technological and economic feasibility for these 
sources since our last approval.

C. CTG VOC RACT

    Vermont's submittal requests that EPA approve three APCRs for CTG 
VOC RACT in to the VT SIP: 5-253.8 Industrial Adhesives; 5-253.9 Offset 
Lithographic and Letterpress Printing; and 5-253.17 Industrial Solvent 
Cleaning. The submittal also requests that two APCRs for CTG VOC RACT 
currently in the SIP be replaced with revised APCRs that Vermont has 
since promulgated: 5-253.12 Coating of Flat Wood Paneling; and 5-253.13 
Coating of Miscellaneous Metal and Plastic Parts. Vermont certifies 
that the remining VOC RACT rules, previously approved by EPA on 
September 19, 2011 (76 FR 42560), continue to represent RACT for the 
2008 and 2015 ozone NAAQSs.
    The addition of APCR 5-253.8 Industrial Adhesives to the VT SIP 
generally applies to any person in Vermont that uses or supplies 
industrial adhesive or adhesive primer, with certain exceptions noted 
in the rule. The new rule is consistent with the recommendations for 
RACT found in EPA's CTG for Miscellaneous Industrial Adhesives (EPA-
453/R-08-005, September 2008). Applicable persons are required to use 
low-VOC adhesives and primers or limit their VOC emissions by using 
add-on control equipment with an overall control efficiency of 90%. The 
new regulation also specifies application methods, as well as work 
practices for waste and cleaning materials, to further limit VOC 
emissions from industrial adhesive activities.
    The addition of APCR 5-253.9 Offset Lithographic and Letterpress 
Printing to the VT SIP applies to graphic arts operations that use the 
offset lithographic printing process. The new rule is consistent with 
the recommendations for RACT found in EPA's CTG for Offset Lithographic 
Printing and Letterpress Printing (EPA-453/R-06-002, September 2006). 
The threshold applicability consists of 15 lbs/day for fountain 
solutions and cleaning materials and 25 tons per year for heat-set 
dryers. Applicable sources are required to limit the VOC content of 
inks, coatings, adhesives, and cleaning solvents or use VOC pollution 
control devices. These sources are also required to follow work 
practices for material application, storage, spill cleanup, and 
containment as well as maintain records of the regulated materials 
used.
    Vermont's APCR 5-253.12 Coating of Flat Wood Paneling was 
previously approved by EPA on April 22, 1998 (63 FR 19829). The revised 
rule applies to flat wood paneling coating sources that emit at least 3 
tons per 12-month rolling period of VOC before consideration of 
controls. Flat wood paneling coatings means wood paneling products that 
are any interior, exterior or tileboard (class I hardboard) panel to 
which a protective, decorative, or functional material or layer has 
been applied. The revised rule now includes coating of clapboards, for 
which Vermont has several applicable facilities. The new rule is 
generally consistent EPA's CTG for Flat Wood Paneling Coatings (EPA-
453/R-06-004, September 2006), with the exception of coating of certain 
solid wood exterior siding, discussed in more detail below. Applicable 
sources are required to limit VOC emissions by adding on a pollution 
control device with 90% efficiency or by limiting VOC content in 
coatings to either: 2.9 lbs of VOC per gallon of coating for solid wood 
exterior siding of cedar, hemlock, mahogany and redwood species at a 
stationary source whose actual emissions from all coating operations 
are less than 50 tons of VOCs per 12-month rolling period, or an 
emission limit of 2.1 lbs of VOC per gallon of coating for all other 
flat wood paneling operations. The rule also requires record keeping 
and work practices for handling VOC-containing coatings, thinners, 
cleaning materials, and coatings-related waste materials. The revised 
rule reduces VOC emissions by lowering the maximum VOC content of most 
coatings, compared to Vermont's previously-approved APCR 5-253.12 and 
source specific requirements for applicable facilities. Therefore, the 
revised rule is expected to achieve equivalent or greater emissions 
reductions. Thus, revising the SIP to incorporate the revised rule will 
not interfere with any applicable requirement concerning attainment and 
reasonable further progress or any other applicable requirement of the 
Act. See CAA Sec.  110(l).
    Vermont APCR 5-253.12 Coating of Flat Wood Paneling contains a 
transcription error whereby the metric equivalent of 2.9 lbs/gal is 
incorrectly stated as 325 grams/liter, when in fact the metric 
equivalent is 350 grams/liter. VT DEC confirmed in a letter to EPA 
dated June 28, 2019, that it is DEC's intention to limit solid wood 
exterior siding coatings, at facilities that emit less than 50 tons per 
year of VOCs, to 2.9 pounds/gallon and the metric equivalent 350 grams/
liter. The discussion on page 3 of the ``Vermont RACT SIP--
Responsiveness Summary'' further explains Vermont's intention for this 
category limit to be ``350 grams/liter (2.9 lbs/gal).'' Vermont set 
this exterior wood siding coating limit slightly higher than the EPA 
CTG recommendation of 2.1 lbs/gal based on: The limited number of 
impacted facilities (two); the relatively small size of the impacted 
operations (less than 50 tons per year of VOC coating emissions); this 
particular solid wood coating only constitutes a portion of the total 
VOC emissions at the impacted facilities; and the higher VOC content 
coating applied to solid wood is expected to last longer and, thus, 
reduce the need for additional coating applications. EPA agrees and 
proposes that for Vermont, the enforced limit of 350 grams/liter (2.9 
lbs/gal) VOC content for solid wood exterior siding coatings at 
facilities where total VOC emissions from all coating lines is under 50 
tons per year constitutes RACT.
    Vermont's APCR 5-253.13 Coating of Miscellaneous Metal and Plastic 
Parts was previously approved by EPA on April 22, 1998 (63 FR 19829). 
The revised rule contains updated work practices, coating application 
methods, and recordkeeping requirements for all applicable facilities. 
While the rule lists multiple types of coating applications

[[Page 37815]]

methods, other coating application methods capable of achieving a 
transfer efficiency equivalent to, or better than, that provided by 
high-volume low-pressure (HVLP) spray application may also be used. 
Additional control options permit equivalent emissions limits expressed 
in terms of mass of VOC per volume of solids as applied or the use of 
add-on controls capable of achieving an overall VOC efficiency of 90 
percent. The new coating limits generally follow the recommendations in 
EPA's CTG for Miscellaneous Metal and Plastic Parts Coating (EPA-453/R-
08-003, September 2008), with three exceptions: Extreme high gloss 
topcoat, other substrate antifoulant coating, and antifouling sealer/
tie. For these three categories, Vermont reviewed industry data and 
determined that for purposes of functionality, cost, and VOC emissions, 
the higher limits adopted for these three coating categories constitute 
RACT. Vermont's approach is consistent with the EPA guidance memorandum 
entitled ``Control Technique Guidelines for Miscellaneous Metal and 
Plastic Part Coatings--Industry Request for Reconsideration'' from 
Stephen Page to Air Branch Chiefs, Regions I-X, dated June 1, 2010. 
Vermont's new VOC coating limits are also lower than most of the 
previously SIP-approved limits. Although some specialty coatings limits 
are higher than previous limits, since the general use coating limit is 
lower and these coatings are more frequently used, coupled with the 
fact that the revised rule's applicability is broader, the revised rule 
reduces VOC emissions and will not interfere with any applicable 
requirement concerning attainment and reasonable further progress or 
any other applicable requirement of the Act. See CAA Sec.  110(l). This 
analysis is also consistent with the March 17, 2011, EPA guidance 
memorandum entitled ``Approving SIP Revisions Addressing VOC RACT 
Requirements for Certain Coating Categories.''
    The addition of Vermont's APCR 5-253.17 Industrial Solvent Cleaning 
to the Vermont SIP will add to Vermont's solvent cleaning requirements, 
which are currently in the Vermont SIP under APCR 5-253.14 Solvent 
Metal Cleaning, which was last approved by EPA on April 22, 1998 (63 FR 
19825). The added rule applies to industries that use organic solvent 
for cleaning unit operations such as mixing vessels (tanks), spray 
booths, and parts cleaners, who purchase for use at the premises at 
least 855 gallons of cleaning solvents, in aggregate, per rolling 12-
month period. EPA proposes the purchase-for-use threshold of 855 
gallons per rolling 12-month period is commensurate with the EPA 
recommended CTG applicability of 15 pounds per day of actual VOC 
emissions based on a solvent density of 7.36 pounds per gallon and up 
to 55 gallons of solvent used for exempt uses. The cleaning activities 
include actions such as wiping, flushing, and spraying. Vermont's 
Industrial Cleaning Solvents rule is consistent with the 
recommendations for RACT found in EPA's CTG for Industrial Cleaning 
Solvents (EPA-453/R-06-001, September 2006). Applicable sources are 
required to limit VOC emissions by using cleaning solvents that contain 
no more than 50 g VOC/l or have a composite vapor pressure of 8.0 
millimeters of mercury (mm Hg) at 20 degrees Celsius or by using add-on 
controls capable of achieving an overall VOC reduction efficiency of 
85%. The work practices in the rule minimize VOC emissions during the 
use, handling, storage, and disposal of cleaning solvents. The added 
rule reduces VOC emissions by lowering the VOC content of most solvent, 
or by applying add-on controls, and thus satisfies the anti-back 
sliding requirements in Section 110(l) of the CAA.
    Vermont has determined that there are no applicable stationary 
sources of VOC in Vermont for 29 CTG categories: (1) Aerospace; (2) 
Auto and Light-Duty Truck Assembly Coatings (2008); (3) Equipment Leaks 
from Natural Gas/Gasoline Processing Plants; (4) Fiberglass Boat 
Manufacturing Materials (2008); (5) Flexible Packaging Printing 
Materials (2006); (6) Fugitive Emissions from Synthetic Organic 
Chemical Polymer and Resin Manufacturing; Equipment; (7) Graphic Arts--
Rotogravure and Flexography; (8) Large Appliance Coatings (2007); (9) 
Large Petroleum Dry Cleaners; (10) Leaks from Petroleum Refinery 
Equipment; (11) Manufacture of High-Density Polyethylene, 
Polypropylene, and Polystyrene Resins; (12) Manufacture of Pneumatic 
Rubber Tires; (13) Manufacture of Synthesized Pharmaceutical Products; 
(14) Metal Furniture Coatings (2007); (15) Oil and Natural Gas Industry 
(2016); (16) Paper, Film, and Foil Coatings (2007); (17) Petroleum 
Liquid Storage in External Floating Roof Tanks; (18) Refinery Vacuum 
Producing Systems, Wastewater Separators, and Process Unit Turnarounds; 
(19) SOCMI Air Oxidation Processes; (20) SOCMI Distillation and Reactor 
Processes; (21) Shipbuilding/repair; (22) Surface Coating for 
Insulation of Magnet Wire; (23) Surface Coating of Automobiles and 
Light-Duty Trucks; (24) Surface Coating of Cans; (25) Surface Coating 
of Coils; (26) Surface Coating of Fabrics; (27) Surface Coating of 
Large Appliances; (28) Surface Coating of Metal Furniture; and (29) 
Surface Coating of Paper. These negative declarations mean that Vermont 
has no applicable stationary sources of VOC that are covered by these 
CTGs.
    EPA has evaluated Vermont's CTG VOC regulations, which the state 
certifies as meeting RACT for the 2008 and 2015 ozone standards, and 
finds that they are sufficiently consistent with recommendations in the 
respective EPA CTGs and are based on currently available 
technologically and economically feasible controls. Therefore, EPA 
proposes that the regulations being added and revised in this action, 
along with the past approved VOC CTG regulations, represent RACT in 
Vermont for the 2008 and 2015 ozone standard.

IV. Proposed Action

    EPA is proposing to approve Vermont's SIP revision as meeting the 
State's RACT obligations for the 2008 and 2015 8-hour ozone NAAQSs as 
set forth by sections 182(b) and 184(b)(2) of the CAA, and to add 
``State Implementation Plan Revision Supporting Compliance with 
Requirements for Reasonably Available Control Technology (RACT) Under 
the 2008 and 2015 8-Hour ozone National Ambient Air Quality Standards, 
Final Submittal, September 6, 2018'' to the Vermont SIP. EPA is 
proposing to approve the addition of Vermont APCR 5-253.8 Industrial 
Adhesives, 5-253.9 Offset Lithographic and Letterpress Printing, and 5-
253.17 Industrial Solvent Cleaning in to the Vermont SIP. EPA is 
proposing to revise APCR 5-253.12 Coating of Flat Wood Paneling and 5-
253.13 Coating of Miscellaneous Metal and Plastic Parts currently in 
the Vermont SIP. EPA is also proposing to revise the single-source 
requirements for ``Isovolta Inc. (Formerly U.S. Samica, Inc.) Operating 
Permit RACT provisions,'' ``Killington/Pico Ski Resort Partners, LLC. 
Operating Permit RACT provisions,'' and ``Okemo Limited Liability 
Company Operating Permit RACT provisions'' currently in the Vermont 
SIP. EPA is proposing to withdraw the single-source requirements for 
``Churchill Coatings Corporation Operating Permit RACT conditions'' and 
``H.B.H Prestain, Inc. Operating Permit RACT provisions'' from the 
Vermont SIP. Lastly, EPA is proposing to convert our July 2011 
conditional approval of RACT with

[[Page 37816]]

respect to the 1997 ozone standard to a full approval because the 
proposed addition of APCR 5-253.12 Coating of Flat Wood Paneling will 
constitute RACT in lieu of the previous source-specific RACT conditions 
for Churchill Coatings Corporation and H.B.H. Prestain, Inc. EPA is 
soliciting public comments on the issues discussed in this notice or on 
other relevant matters. These comments will be considered before taking 
final action. Interested parties may participate in the Federal 
rulemaking procedure by submitting written comments to this proposed 
rule by following the instructions listed in the ADDRESSES section of 
this Federal Register.

V. Incorporation by Reference

    In this document, EPA is proposing to amend regulatory text that 
includes incorporation by reference. As described in the proposed 
action above, EPA is proposing to add and revise provisions of the 
Vermont APCR at 40 CFR 52.2370(c), ``EPA approved regulations'' in the 
Vermont State Implementation Plan, which is incorporated by reference 
in accordance with the requirements of 1 CFR part 51. Also in this 
document, as described in the proposed action above, EPA is proposing 
to revise and remove provisions of the EPA-approved Vermont source 
specific requirements at 40 CFR 52.2370(d), ``EPA-approved State Source 
specific requirements'' in the Vermont State Implementation Plan, which 
is incorporated by reference in accordance with the requirements of 1 
CFR part 51. The EPA has made, and will continue to make, these 
documents generally available through https://www.regulations.gov and 
at the EPA Region 1 Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT 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 proposed 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 proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not expected to be an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: July 23, 2019.
Deborah A. Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2019-16204 Filed 8-1-19; 8:45 am]
 BILLING CODE 6560-50-P