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[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Rules and Regulations]
[Pages 33394-33397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12398]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0801; A-1-FRL-9946-94-Region 1]

Air Plan Approval; ME; Control of Volatile Organic Compound 
Emissions From Fiberglass Boat Manufacturing and Surface Coating 
Facilities

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of Maine. 
These revisions establish Reasonably Available Control Technology 
(RACT) requirements for reducing volatile organic compound (VOC) 
emissions from fiberglass boat manufacturing and surface coating 
operations. The intended effect of this action is to approve these 
requirements into the Maine SIP. This action is being taken in 
accordance with the Clean Air Act.

DATES: This direct final rule will be effective July 25, 2016, unless 
EPA receives adverse comments by June 27, 2016. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2015-0801 at http://www.regulations.gov, or via email to 
Mackintosh.David@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), 
Boston, MA 02109-3912, tel. 617-918-1584, fax 617-918-0668, email 
Mackintosh.David@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. Organization of this document. 
The following outline is provided to aid in locating information in 
this preamble.

I. What action is EPA taking?
II. What is the background for this action?
III. What is included in Maine's submittals?
IV. EPA's Evaluation of Maine's Submittals
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving Maine's Chapter 162, ``Fiberglass Boat 
Manufacturing Materials,'' submitted on July 1, 2014, to address EPA's 
Control Techniques Guidelines (CTG) for Fiberglass Boat Manufacturing 
Materials (EPA-453/R-08-004, September 2008). EPA is also approving 
Maine's revised Chapter 129, ``Surface Coating Facilities,'' submitted 
on August 18, 2015, to address EPA's CTG for Miscellaneous Metal and 
Plastic Parts Coatings (EPA-453/R-08-003, September 2008). These two 
Maine regulations implement RACT for the applicable facility 
operations. Lastly, EPA is approving Maine's negative declarations for 
two CTGs, Automobile and Light-Duty Truck Assembly Coatings (EPA-453/R-
08-006, September 2008) and Large Appliance Coatings (EPA-453/R-07-004, 
September 2007), which were submitted on April 23, 2013.

II. What is the background for this action?

    Maine is part of the Ozone Transport Region (OTR) under Section 
184(a) of the CAA. Sections 182(b)(2) and 184 of the CAA compel states 
with moderate and above ozone nonattainment areas, as well as areas in 
the OTR, respectively, to submit a SIP revision requiring the 
implementation of RACT for sources covered by a CTG and for all major 
sources. A CTG is a document issued by EPA which establishes a 
``presumptive norm'' for RACT for a specific VOC source category.

[[Page 33395]]

    On October 9, 2007, EPA issued three CTGs, including the CTG for 
Large Appliance Coatings, which states were required to address by 
October 9, 2008 (72 FR 57215). Then on October 7, 2008, EPA issued four 
CTGs including Miscellaneous Metal and Plastic Parts Coatings, 
Fiberglass Boat Manufacturing Materials, and Automobile and Light-Duty 
Truck Assembly Coatings, which states were required to address by 
October 7, 2009 (73 FR 58841).

III. What is included in Maine's submittals?

    On April 23, 2013, Maine submitted a SIP revision to EPA containing 
negative declarations for two CTG source categories: Automobile and 
Light-Duty Truck Assembly Coatings and Large Appliance Coatings. 
Negative declarations include a statement that no sources subject to 
the requirement in question are located in the state; thus the state 
need not adopt a regulation based on a CTG that otherwise would apply 
to such sources. Then on July 1, 2014, Maine submitted a SIP revision 
to EPA containing a new regulation, Maine's Chapter 162, ``Fiberglass 
Boat Manufacturing Materials,'' to address the CTG of the same name. 
Lastly, on August 18, 2015, Maine submitted revised Chapter 129, 
``Surface Coating Facilities,'' to address EPA's Miscellaneous Metal 
and Plastic Parts Coatings CTG.

IV. EPA's Evaluation of Maine's Submittals

    Maine's new Chapter 162, ``Fiberglass Boat Manufacturing 
Materials,'' is consistent with the recommendations for RACT found in 
EPA's CTG for Fiberglass Boat Manufacturing Materials. This new 
regulation is effective on July 30, 2013, and applies to fiberglass 
boat manufacturing operations that have, before controls, combined 
actual emissions of 5,400 pounds of VOC or more, per rolling 12-month 
period, from the use of gel coats, resins, and materials used to clean 
application equipment. Applicable facilities for which construction 
commenced prior to the effective date of the rule, must comply within 
36 months after the effective date of the rule or upon initial startup, 
whichever is later, and facilities for which construction commenced on 
or after the effective date of the rule must comply upon their initial 
startup. Specifically, the rule applies to facilities that manufacture 
hulls or decks of boats from fiberglass but not to facilities that 
solely manufacture parts of boats such as hatches, seats, or lockers. 
Sources subject to the rule must meet specific VOC content limits for 
resin and gel coat operations such as open molding, mixing and cleaning 
application equipment. Facilities may meet these limits by implementing 
one of the following prescribed techniques: Use of low-VOC content 
materials; averaging the VOC content of materials to meet low-VOC 
content standards; and/or the installation and operation of pollution 
control devices. Maine's rule has the same VOC content limits as the 
CTG and also includes the appropriate recordkeeping, reporting, and 
testing requirements to ensure these emission limits are enforceable. 
The new regulation also specifies work practices to reduce VOC 
emissions during the application, storage, mixing, and conveyance of 
coatings, resins, and cleaning materials.
    Maine's Chapter 129, ``Surface Coating Facilities,'' was previously 
approved by EPA on May 22, 2012 (77 FR 30216). The revised rule has 
been expanded to include the coating of plastic parts and products and 
to include additional coating categories for the coating of 
miscellaneous metal parts and products. The amendments provide for five 
major surface coating categories with numerous subcategories in each to 
further identify which coatings are subject to a specific VOC emission 
limit. The emissions limits may be achieved by using one or more of 
three compliance methods: Low solvent content coating technology; 
daily-weighted averaging of emission limitations; and installation and 
operation of an add-on air pollution control device with 95% capture 
and control efficiency. Maine's Chapter 129 also includes the 
appropriate recordkeeping, reporting, and testing requirements to 
ensure these emission limits are enforceable.
    The new coating limits generally follow the recommendations in 
EPA's CTG for Miscellaneous Metal and Plastic Parts Coating, with the 
exception of three coating categories which, as explained below, does 
not render the rule as a whole less stringent than the rule previously 
approved by EPA into the Maine SIP. Maine adopted higher coating limits 
for Pleasure Craft Surface Coating than the CTG for Extreme High Gloss 
Topcoat, Other Substrate Antifoulant Coating, and Antifouling Sealer/
Tie Coating. For these three categories, Maine reviewed industry data 
and determined that for purpose of functionality, cost, and VOC 
emissions, the alternative limits adopted for these three coating 
categories constitute RACT. Maine's approach is consistent with the EPA 
guidance memorandum, entitled ``Control Technique Guidelines for 
Miscellaneous Metal and Plastic Part Coatings--Industry Request for 
Reconsideration,'' from Stephen Page to Air Branch Chiefs, Regions I-X, 
dated June 1, 2010. Although some of the miscellaneous metal parts and 
products specialty coatings limits in Maine's revised Chapter 129 are 
higher than the limits that had been previously approved into the Maine 
SIP, the more frequently used General One Component and General Multi 
Component coating limits for metal parts are lower than the previous 
SIP-approved general category limit for metal parts referred to as 
``All Other Coatings.'' In addition, the revised rule's applicability 
is much broader. Thus, the revised rule satisfies the anti-back sliding 
requirements in Section 110(l) of the CAA because, the rule as whole 
will achieve an equal or greater amount of VOC reductions as compared 
to the rule previously approved into the SIP. This analysis is also 
consistent with the EPA guidance memorandum entitled ``Approving SIP 
Revisions Addressing VOC RACT Requirements for Certain Coating 
Categories,'' dated March 17, 2011.
    Maine also submitted negative declarations for two CTGs: Automobile 
and Light-Duty Truck Assembly Coatings and Large Appliance Coatings. 
Maine staff reviewed the inventory of sources for facilities with North 
American Industrial Classification System (NAICS) codes that correspond 
to these source categories, interviewed its field and compliance staff, 
and searched telephone and business directories to determine if any 
sources meeting the applicability requirements of these two CTGs are 
located in Maine. After thoroughly reviewing all available information, 
Maine determined that there were no sources meeting the applicability 
thresholds for these two source categories.
    As discussed above, Maine's new Chapter 162 and revised Chapter 129 
are consistent with the relevant CTGs with the exception of certain 
limited provisions that do not result in greater emissions of VOCs than 
otherwise would be the case. Therefore, EPA has concluded that Maine 
has met the CAA RACT requirement for the Fiberglass Boat Manufacturing 
Materials and the Miscellaneous Metal and Plastic Parts Coatings CTG 
source categories. In addition, Maine's method for arriving at the 
negative declarations for EPA's Automobile and Light-Duty Truck 
Assembly Coatings CTG and EPA's Large Appliance Coatings CTG is 
reasonable and EPA believes that the declarations are accurate. 
Therefore, EPA has concluded that Maine has also

[[Page 33396]]

met the CAA RACT requirement for these two CTG source categories.

V. Final Action

    EPA is approving, and incorporating into the Maine SIP, Maine's new 
Chapter 162, ``Fiberglass Boat Manufacturing Materials,'' and Maine's 
revised Chapter 129, ``Surface Coating Facilities,'' as meeting RACT 
for the Fiberglass Boat Manufacturing and the Miscellaneous Metal and 
Plastic Parts Coatings CTG source categories, respectively. 
Additionally, EPA is approving Maine's negative declarations for two 
CTG source categories: Automobile and Light-duty Truck Assembly 
Coatings and Large Appliance Coatings.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective July 
25, 2016 without further notice unless the Agency receives relevant 
adverse comments by June 27, 2016.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on July 25, 2016 and no further action will be 
taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

VI. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, the EPA is finalizing the incorporation by reference of the 
Maine DEP regulations described in the amendments to 40 CFR part 52 set 
forth below. The EPA has made, and will continue to make, these 
documents generally available electronically through http://www.regulations.gov.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 25, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: May 11, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.
    Therefore, 40 CFR part 52, chapter I is amended as follows:

[[Page 33397]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart U--Maine

0
2. Amend Sec.  52.1020 by:
0
a. In paragraph (c), table, revising the entry for ``Chapter 129'', and 
adding a new entry ``Chapter 162'' in numerical order; and
0
b. In paragraph (e), table, adding a new entry at the end of the table.
    The revisions and additions read as follows:

Sec.  52.1020  Identification of plan.

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    (c) EPA approved regulations.

                                         EPA-Approved Maine Regulations
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                                                             State       EPA approval date
          State citation              Title/subject     effective date    and citation \1\       Explanations
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                                                  * * * * * * *
Chapter 129......................  Surface Coating            7/7/2015  5/26/2016 [Insert    Added requirements
                                    Facilities.                          Federal Register     for metal parts
                                                                         citation].           and plastic parts
                                                                                              coating
                                                                                              operations.
 
                                                  * * * * * * *
Chapter 162......................  Fiberglass Boat           7/30/2013  5/26/2016 [Insert
                                    Manufacturing                        Federal Register
                                    Materials.                           citation].
 
                                                  * * * * * * *
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\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

* * * * *
    (e) Nonregulatory.

                                              Maine Non Regulatory
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                                       Applicable           State
   Name of non regulatory SIP        geographic or     submittal date/  EPA approved date       Explanations
            provision              nonattainment area  effective date          \3\
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                                                  * * * * * * *
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Negative Declarations for Large   Maine Statewide....       4/23/2013  5/26/2016 [Insert
 Appliance Coatings and                                                 Federal Register
 Automobile and Light-Duty Truck                                        citation].
 Assembly Coatings Control
 Technique Guidelines.
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\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

[FR Doc. 2016-12398 Filed 5-25-16; 8:45 am]
BILLING CODE 6560-50-P
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