Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 61101 

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] 

■ 1. The authority citation for 15 CFR 

part 730 is revised to read as follows: 

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: 

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 

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). 

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 

[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, 


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61102 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 

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. 


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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 

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 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. 

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. 

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 


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Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 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 


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61106 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 

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] 

State citation Title/subject 

Date 

submitted 

by State 

Date approved 

by EPA 

Federal Register 

citation 52.1120(c) Comments/unapproved sections 

*******

310 CMR 7.00 Definitions ....... 6/1/10 10/9/15 [Insert Federal Register page number 

where the document 

begins].

142 Approved update to definition 

for volatile organic compound. 

* * * * * * * 

310 CMR 7.00 

Appendix B.

U Emissions 

Banking, 

Trading, and 

Averaging..

7/10/14 10/9/15 [Insert Federal Register page number 

where the document 

begins].

142 Approved amended language 

regarding emissions averaging bubbles. 

* * * * * * * 

310 CMR 

7.18(1)(d) 

and (f)..

U Applicability 

and Handling 

Requirements.

7/10/14 10/9/15 [Insert Federal Register page number 

where the document 

begins].

142 Revisions made to clarify applicability requirements. 

* * * * * * * 

310 CMR 

7.18(2)(b), 

(e), (f)..

U Compliance 

with Emission Limitations.

7/10/14 10/9/15 [Insert Federal Register page number 

where the document 

begins].

142 Revisions made clarifying eligibility for bubbling coating 

lines together for compliance 

purposes. 

* * * * * * * 

310 CMR 

7.18(20)(a), 

(b).

Emission Control Plans for 

Implementation of RACT.

7/10/14 10/9/15 [Insert Federal Register page number 

where the document 

begins].

142 Clarification of entities required 

to submit emission control 

plans. 


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Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 61107 

TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS—Continued 

[See Notes at end of Table] 

State citation Title/subject 

Date 

submitted 

by State 

Date approved 

by EPA 

Federal Register 

citation 52.1120(c) Comments/unapproved sections 

*******

310 CMR 

7.18(30).

Adhesives and 

Sealants.

7/10/14 10/9/15 [Insert Federal Register page number 

where the document 

begins].

142 Regulation limiting emissions 

from adhesives and 

sealants. 

* * * * * * * 

310 CMR 

7.19(1)(c)(9).

NOx RACT ..... 7/10/14 10/9/15 [Insert Federal Register page number 

where the document 

begins].

142 Update made to section 1, applicability. 

* * * * * * * 

310 CMR 7.25 Best Available 

Controls for 

Consumer 

and Commercial Products.

6/1/10 10/9/15 [Insert Federal Register page number 

where the document 

begins].

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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 

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 

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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