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[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61101-61107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25320]

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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.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the Commonwealth of 
Massachusetts. These revisions establish emission limitations for 
certain activities that cause emissions of volatile organic compounds 
(VOCs) and nitrogen oxides (NOX). Approval of these state 
requirements into the Massachusetts SIP will make them federally 
enforceable. This action is being taken in accordance with the Clean 
Air Act.

DATES: This direct final rule will be effective December 8, 2015, 
unless EPA receives adverse comments by November 9, 2015. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2014-0631 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: arnold.anne@epa.gov.
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2014-0631,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 
02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912. Such deliveries are only accepted during the Regional Office's 
normal hours of operation. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2014-0631. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material,

[[Page 61102]]

is not placed on the Internet and will be publicly available only in 
hard copy form. Publicly available docket materials are available 
either electronically in www.regulations.gov or in hard copy at U.S. 
Environmental Protection Agency, EPA New England Regional Office, 
Office of Ecosystem Protection, 5 Post Office Square--Suite 100, 
Boston, MA. EPA requests that if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
legal holidays.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
following State Air Agency: Air and Climate Division, Department of 
Environmental Protection, One Winter Street, 8th Floor, Boston, MA 
02108.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Unit, U.S. 
Environmental Protection Agency, EPA New England Regional Office, 5 
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number (617) 918-1668, fax number (617) 918-0046, email 
mcconnell.robert@epa.gov.

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

I. Background and Purpose
II. Summary of the Commonwealth's Submittals
    1. June 1, 2010 Submittal
    a. Architectural and Industrial Maintenance (AIM) Coatings And 
Consumer Products Rule
    b. Amendment to the Definition of VOC
    2. July 10, 2014 Submittal
    a. Adhesives and Sealants Regulation
    b. Minor Revisions to Existing Regulations
    i. Changes to 310 CMR 7.18, VOC RACT
    ii. Change to 310 CMR 7.19, NOX RACT
    iii. Changes to Appendix B: Emissions Banking, Trading, and 
Averaging
III. Analysis of the Commonwealth's Submittals
    1. June 1, 2010 Submittal
    a. AIM coatings and Consumer Products Rule
    i. AIM Coatings Requirements
    ii. Consumer Products Requirements
    b. Amendment to the Definition of VOC
    2. July 10, 2014 Submittal
    a. Adhesives and Sealants Regulation
    b. Minor Revisions to Existing Regulations
    i. Changes to 310 CMR 7.18, VOC RACT
    ii. Change to 310 CMR 7.19, NOX RACT
    iii. Changes to Appendix B: Emissions Banking, Trading, and 
Averaging
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 1, 2010, and July 10, 2014, the Commonwealth of 
Massachusetts submitted formal revisions to its State Implementation 
Plan (SIP). The Commonwealth held public hearings on February 28, 2007, 
March 2, 2007, and November 25, 2008 for the items within the June 1, 
2010 submittal, and on November 17, 2011 for the July 10, 2014 
submittal. The June 1, 2010 SIP revision request contains air pollution 
control requirements that will reduce volatile organic compound (VOC) 
emissions from architectural and industrial maintenance (AIM) coatings 
and from consumer products, and also contains a minor regulatory 
revision pertaining to the definition of VOC. We approved other 
portions of the Commonwealth's June 1, 2010 submittal pertaining to 
solvent metal degreasing, motor vehicle fuel dispensing, and several 
definitions on September 9, 2013. See 78 FR 54960. The Commonwealth's 
July 10, 2014 submittal contains a regulation limiting VOC emissions 
from adhesives and sealants, and several minor revisions to existing 
regulations.

II. Summary of the Commonwealth's Submittals

1. June 1, 2010 submittal

a. AIM Coatings and Consumer Products Rule
    The Commonwealth's June 1, 2010 submittal includes an amended 
version of Chapter 310 of the Code of Massachusetts Regulations (CMR), 
section 7.25, Best Available Controls for Consumer and Commercial 
Products. This regulation includes emission limits for AIM coatings. 
EPA approved Massachusetts' initial regulation for these sectors on 
December 19, 1995 (60 FR 65240), with a minor update approved on April 
11, 2000 (65 FR 19323).
    The amended regulation achieves further emission reductions of VOCs 
from these sectors. This was accomplished by lowering many of the 
existing VOC emission limits, and by expanding the universe of products 
covered by these regulations. Massachusetts adopted these requirements 
to assist with efforts to attain EPA's 1997 8-hour ozone standard. In 
2004, EPA designated Massachusetts as nonattainment for this standard, 
and established two moderate ozone nonattainment areas which together 
encompass the entire state. See 69 FR 23858.
    Subsequent to Massachusetts' initial adoption of these rules, EPA 
promulgated within 40 CFR part 59 emission standards for consumer 
products which became effective December 10, 1998, and for AIM 
coatings, which became effective on September 13, 1999. EPA has 
determined that the Commonwealth's rules are no less stringent than EPA 
requirements found at 40 CFR part 59.
    Massachusetts based the current revisions on control measures in 
place in California and on model rules adopted by the Ozone Transport 
Commission (OTC) in 2001 for AIM coatings, and in 2006 for consumer 
products. The Commonwealth updated these existing requirements in two 
phases. The first phase occurred in 2007 and involved the majority of 
the changes to the regulation, consisting of the tightening of emission 
limits and addition of product categories described further in section 
III of this document. The second phased occurred in 2008 and was 
undertaken to add alternative compliance plan (ACP) provisions to the 
regulation.
b. Amendment to the Definition of VOC
    Definitions relied upon within the Commonwealth's air pollution 
control regulations are codified within 310 CMR 7.00. On January 18, 
2007 (72 FR 2193), EPA amended its definition of VOC that is contained 
within 40 CFR 51.100(s) by adding the chemical compound HFE-7300 to the 
list of compounds that are not considered VOCs due to their negligible 
photochemical reactivity. Therefore, the Commonwealth also added this 
compound to its list of compounds which are exempt from the definition 
of VOC pursuant to 310 CMR 7.00.

2. July 10, 2014 Submittal

a. Adhesives and Sealants Regulation
    On July 10, 2014, Massachusetts submitted a newly adopted VOC 
control regulation, 310 CMR 7.18(30), Adhesives and Sealants, to EPA as 
a revision to its SIP. The regulation establishes VOC content limits 
for industrial adhesives and sealants and associated cleaning and 
surface preparation operations. The Commonwealth's submittal also makes 
minor revisions to other sections of 310 CMR 7.18 to make these 
sections consistent with the new adhesives and sealants regulation.

[[Page 61103]]

b. Minor Revisions to Existing Regulations
i. Changes to 310 CMR 7.18, VOC RACT
    Massachusetts amended its existing VOC control regulation that 
ensures reasonably available control technology (RACT) is applied to 
certain industrial sources to clarify the relationship between RACT and 
Best Available Control Technology (BACT) and Lowest Achievable Emission 
Rates (LAER), and further amended it to clarify the requirements for 
emission control plan (ECP) submittals. In addition, Massachusetts' 
submittal initially included revisions to 310 CMR 7.18(1)(b). This 
provision, which deals with halogenated organic compounds (HOC), is 
not, however, part of the SIP. Therefore, Massachusetts subsequently 
withdrew the revised 310 CMR 7.18(1)(b) from the SIP submittal in a 
letter dated July 15, 2015.
ii. Changes to 310 CMR 7.19, NOX RACT
    The Commonwealth's NOX RACT regulation was amended 
similarly to the above mentioned amendment made to the VOC RACT 
requirements with regard to the relationship between RACT, BACT, and 
LAER, and also to ECPs. Additionally, the July 10, 2014 submittal 
included a rewording of 310 CMR 7.19(1)(c)(9) to clarify the intent of 
the paragraph.
iii. Changes to Appendix B: Emissions Banking, Trading, and Averaging
    The July 10, 2014 submittal included an edit to the paragraph 
located at 310 CMR 7.00 Appendix B(4)(b)(7) pertaining to bubbles 
approved prior to May 25, 1988. A bubble is a mechanism that allows the 
emission limits for two or more units to be analyzed collectively for 
regulatory purposes.

III. Analysis of the Commonwealth's Submittals

1. June 1, 2010 Submittal

a. AIM Coatings and Consumer Products Rule
    Massachusetts updated 310 CMR 7.25, Best Available Controls for 
Consumer Products, based on model rules adopted by the OTC in 2001 for 
AIM coatings, and in 2006 for consumer products. These OTC rules were, 
in turn, based on requirements adopted and implemented by the 
California Air Resources Board (CARB).
i. AIM Coating Requirements
    The technical support document (TSD) prepared for this action, 
which is available in the docket, contains tables that provide a 
comparison of the Commonwealth's newly adopted VOC content limits 
versus the existing EPA requirements. In conducting this comparison, we 
noted that a minor difference exists in how recycled coatings are 
treated within the Commonwealth's AIM coating rule and the federal 
rule. The Commonwealth's rule establishes a VOC content limit of 250 
grams per liter (g/l) for recycled coatings. The federal AIM rule uses 
a formula based on the percent of the coating that is from recycled 
materials, and then determines an adjusted VOC content that is compared 
to the normative standard for that product category. Therefore, it is 
conceivable that the Commonwealth's regulation could provide a less 
stringent standard than the federal AIM rule would provide for a 
product containing recycled materials. If this situation occurs, we 
note that the limits within the federal AIM rule would need to be met. 
In all other cases, the Commonwealth's VOC content limits are either 
more stringent than, or equivalent to, those within the federal AIM 
rule.
    Additionally, there are a number of product categories in the 
federal AIM rule that are not similarly named within the Commonwealth's 
rule. Table 2 within the TSD prepared for this action identifies these 
product categories, and links them to the product category with the 
Massachusetts AIM rule that applies to them. In all cases, the 
Commonwealth's VOC content limits are either more stringent than, or 
equivalent to, those within the federal AIM rule.
    Massachusetts' revised requirements for AIM coatings contains a 
``sell through'' provision which enabled coating manufacturers to sell 
coatings manufactured before the effective date of these requirements 
to be sold for up to three years from the rule's January 1, 2009 
compliance date. The rule also includes labeling and recordkeeping 
requirements that are consistent with EPA's requirements. Coating 
manufacturers must maintain coating production records for a minimum of 
5 years, and make these records available upon request.
    Additional updates to the Commonwealth's previously SIP-approved 
requirements for AIM coatings include the following items:
    1. The requirement at 7.25(4) regarding a prohibition against 
specifying non-compliant AIM products for work to be done within 
Massachusetts was moved to 7.25(11) because it pertains to AIM 
coatings, and does not apply to consumer and commercial products.
    2. A provision explaining that possible future emission standards 
promulgated by EPA would override existing Massachusetts standards was 
removed. We note, however, that any future EPA standards that are more 
stringent than the comparable Massachusetts standard would indeed need 
to be complied with.
    3. Requirements for products registered pursuant to the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) were moved from 
7.25(6) to 7.25(11) and (12).
    4. The existing innovative products exemption was moved from 
7.25(7) to 7.25(12);
    5. The requirement at 7.25(8) that compliance certifications be 
submitted to the Massachusetts Department of Environmental Protection 
(MassDEP) was removed, but the obligation for sources to prepare and 
maintain this information on site, and submit it to MassDEP upon 
request, was retained.
    The updates Massachusetts has made to its existing AIM coatings 
regulation strengthen the rule and are consistent with the Clean Air 
Act, and we are therefore approving them as revisions to the 
Commonwealth's SIP.
ii. Consumer Products Requirements
    The Commonwealth's updated consumer product requirements became 
effective January 1, 2009, by which time other OTC states, and 
California, had adopted similar limits. This enables manufacturers to 
achieve compliance by using product reformulations that are similar to 
the available compliant products in other jurisdictions. Table 3 within 
the TSD prepared for this action compares the VOC content limits within 
Massachusetts' updated regulation and the federal requirements. The VOC 
content limits within Table 3 indicate that in all instances the 
Commonwealth's limits are equal to, or more stringent than, the 
comparable EPA limit.
    The consumer products provisions of 310 CMR 7.25 contain a number 
of flexibility provisions, including the three year sell through 
provision mentioned earlier with regard to the AIM coating 
requirements. The rule also allows an entity to apply for a variance 
that would postpone compliance upon a successful showing of an economic 
hardship due to the tightened limits within the rule. A manufacturer 
may apply directly to the MassDEP for such an exemption, or 
alternatively, may request that an exemption awarded by CARB be used 
for compliance in Massachusetts. In the latter case, the CARB issued 
exemption must be shown to be based on data that is valid in the

[[Page 61104]]

Commonwealth. In order for a variance to be granted, a source must meet 
a number of requirements including a demonstration that compliance 
would result in extraordinary economic hardship, and submittal of a 
compliance report indicating that the source will meet the rule's 
requirements as expeditiously as possible. Additionally, the rule 
requires that any such request for a variance be subject to a public 
hearing, and must also be approved by EPA before becoming effective.
    The Commonwealth initially chose to not allow alternative 
compliance plans (ACPs) within its regulation, but changed course and 
adopted provisions allowing for them within amendments made on March 6, 
2009, in part due to comments from industry requesting this 
flexibility. The provision allows manufacturers to average VOC 
emissions among products to meet overall VOC emission limits, and is 
used by other OTC states and by CARB within their consumer products 
rules. After consulting with other states on their experience offering 
this flexibility, the Commonwealth determined that it was appropriate 
to allow this with its consumer products regulation. EPA commented that 
any such ACP would need to be approved into the Massachusetts SIP, and 
within its response to comments, the Commonwealth committed to submit 
any such ACP it receives to EPA for approval into the Massachusetts 
SIP.
    Our review of these amendments to Massachusetts' consumer products 
regulation finds that they act to strengthen them, meet federal 
requirements, and will help to further reduce VOC emissions, and we are 
therefore approving them into the Commonwealth's SIP.
b. Amendment to the Definition of VOC
    The Commonwealth modified its existing definition of VOC contained 
within 310 CMR 7.00 by adding the compound HFE-7300 to the list of 
exempt compounds. This was done to be consistent with a similar action 
taken by EPA on January 18, 2007. See 72 FR 2193. EPA added HFE-7300 to 
the list of compounds that are exempt from the definition of VOC due to 
its negligible photochemical reactivity. This change is consistent with 
EPA's definition of VOC at 40 CFR 51.100(s), and we are approving it 
into the Massachusetts SIP.

2. July 10, 2014 Submittal

a. Adhesives and Sealants Regulation
    The Commonwealth's adhesives and sealants regulation imposes VOC 
content limits, or other controls, on a number of products, and is 
based on similar control measures that many California air districts, 
and other states in the Northeast, have adopted. In particular, 
Massachusetts based its regulation on a 2006 OTC model rule, which in 
turn was based on earlier requirements adopted in California, and on 
EPA's 2008 document, ``Control Techniques Guidelines for Miscellaneous 
Adhesives.'' EPA develops Control Technique Guidelines (CTGs) to assist 
states with determining the appropriate level of control for sources 
subject to RACT. Due to its inclusion within the Ozone Transport 
Region, the Commonwealth is required to ensure that RACT is applied to 
industrial sources in the Massachusetts pursuant to section 
184(b)(1)(B) of the CAA. In 2006, 2007, and 2008, EPA published final 
CTGs for a number of VOC emitting activities, and Massachusetts' 
adoption of this regulation satisfies the Commonwealth's obligation to 
adopt regulations for this particular CTG.
    Although Massachusetts' existing Consumer Products regulation at 
310 CMR 7.25(12) regulates ``household'' adhesives and sealants, it 
exempts such products sold in containers and volumes more than 16 fluid 
ounces or weighing more than 1 pound. Many of these exempted items 
would be covered by the Commonwealth's adhesives and sealants rule. The 
compliance date within the Commonwealth's adhesives and sealants rule 
is January 1, 2015 with regard to a manufacturer of products sold in 
Massachusetts. Additionally, the compliance date is September 1, 2015, 
for any person who sells, supplies, or offers for sale any covered 
product in Massachusetts, and May 1, 2016 for any person who uses, 
applies, or solicits the use of covered products in Massachusetts.
    Table 4 of the TSD prepared for this action provides the VOC 
content limits contained within the rule for the covered product 
categories, which are adhesives, sealants, adhesive primers, and 
sealant primers, and Table 5 of the TSD contains the VOC content limits 
for adhesives applied to particular substrates. The Massachusetts rule 
contains VOC content limits that are equal to, or more stringent than, 
the comparable limits within EPA's CTG. EPA's CTG contains VOC content 
limits for ``motor vehicle adhesives'' and ``motor vehicle weather-
strip adhesives,'' two product categories not directly addressed in the 
Commonwealth's rule. In its response to comments document prepared for 
the adhesives and sealants rulemaking, Massachusetts notes this 
difference and indicates that adhesives that fall under these two 
categories will be regulated under the applicable category limits for 
adhesives applied to particular substrates. These limits have a maximum 
VOC content of 250 grams/liter and are at least as stringent as the 
limits for motor vehicle adhesives and motor vehicle weather-strip 
adhesives within EPA's CTG.
    The Commonwealth's adhesives and sealants rule also contains 
testing, labeling, and recordkeeping requirements for entities subject 
to the rule. We are approving the Commonwealth's adhesives and sealants 
regulation as meeting the requirements of RACT as outlined within EPA's 
2008 CTG for this category of VOC emitting products.
b. Minor Revisions to Existing Regulations
i. Changes to 310 CMR 7.18, VOC RACT
    Massachusetts amended its existing VOC RACT regulation to clarify 
the relationship between RACT, BACT, and LAER. Specifically, the 
Commonwealth clarified that an emission unit subject to a BACT or LAER 
plan approval is not subject to RACT unless and until such time as a 
RACT standard becomes more stringent than the existing BACT or LAER 
standard to which the unit is subject. Regarding emission control plans 
(ECPs), Massachusetts made changes to 310 CMR 7.18(20)(a) and (b) to 
clarify which sources need such plans, and which sources are exempt.
    ii. Changes to 310 CMR 7.19, NOX RACT
    The Commonwealth's NOx RACT regulation was amended similarly to the 
above mentioned amendment made to the VOC RACT requirements with regard 
to the relationship between RACT, BACT, and LAER. The revised language 
appears within the paragraph located at section 310 CMR 7.19(1)(c)(9).
iii. Changes to Appendix B: Emissions Banking, Trading, and Averaging
    The July 10, 2014 submittal included an edit to 310 CMR 7.00 
Appendix B, which EPA previously approved into the Commonwealth's SIP 
on August 8, 1996. See 61 FR 41335. The amendment concerns paragraph 
(4)(b)(7) of Appendix B pertaining to bubbles approved prior to May 25, 
1988. A bubble is a mechanism that allows the emission limits for two 
or more units to be analyzed collectively for regulatory purposes. The 
revision applies to facilities that were issued bubbles prior to May 
25, 1988, that seek to modify the requirements of the bubble solely to 
incorporate a more stringent RACT

[[Page 61105]]

requirement. The revised language clarifies the original intent of the 
regulation that such facilities are not subject to the requirements of 
310 CMR 7.00: Appendix B(4).
    We have reviewed the Commonwealth's SIP submittals made on July 10, 
2014, and find that they are consistent with the requirements of the 
Clean Air Act. We are, therefore, approving them as revisions to the 
Commonwealth's SIP.

IV. Final Action

    We are approving revisions to the Massachusetts SIP submitted on 
June 1, 2010, consisting of updates to an existing regulation limiting 
VOC emissions from AIM coatings and consumer products, and also a 
revised definition of VOC. We are also approving SIP revisions 
submitted on July 10, 2014, consisting of a new regulation that limits 
VOC emissions from adhesives and sealants, several minor updates to the 
Commonwealth's existing VOC and NOX RACT regulations, and a 
minor change to Appendix B, Emissions Banking, Trading, and Averaging.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective 
December 8, 2015 without further notice unless the Agency receives 
relevant adverse comments by November 9, 2015.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on December 8, 2015 and no further action will 
be taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Massachusetts' regulations described in the amendments to 40 CFR part 
52 set forth below. The EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011).
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 8, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later

[[Page 61106]]

in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 22, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

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

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

Subpart W--Massachusetts

0
2. Section 52.1120 is amended by adding paragraph (c)(142) to read as 
follows:

Sec.  52.1120  Identification of plan.

* * * * *
    (c) * * *
    (142) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority; 
Legend; Preamble; Definitions,'' the definition for volatile organic 
compound, effective on March 6, 2009.
    (B) Massachusetts Regulation 310 CMR 7.00, Appendix B, ``U 
Emissions Banking, Trading, and Averaging,'' section (4), ``Emissions 
Averaging (Bubble),'' paragraph (b)7, effective August 30, 2013.
    (C) Massachusetts Regulation 310 CMR 7.18, ``U Volatile and 
Halogenated Organic Compounds,'' section (1), ``U Applicability and 
Handling Requirements,'' paragraphs (d) and (f); section (2), ``U 
Compliance with Emission Limitations,'' paragraphs (b), (e), and (f); 
section (20), ``Emission Control Plans for Implementation of Reasonably 
Available Control Technology,'' paragraph (a); and section (30), 
``Adhesives and Sealants;'' effective August 30, 2013.
    (D) Massachusetts Regulation 310 CMR 7.19, ``U Reasonably Available 
Control Technology (RACT) for Sources of Oxides of Nitrogen 
(NOX),'' section (1), ``Applicability,'' paragraph (c)9, 
effective August 30, 2013.
    (E) Massachusetts Regulation 310 CMR 7.25, ``U Best Available 
Controls for Consumer and Commercial Products,'' effective October 19, 
2007.

0
3. In Sec.  52.1167, Table 52.1167 is amended by:
0
a. Adding a new entry to the existing state citations for 310 CMR 7.00;
0
b. Adding a new entry for 310 CMR 7.00 Appendix B in alphanumerical 
order;
0
c. Adding a new entry for 310 CMR 7.18(1)(d) and (f) in alphanumerical 
order;
0
d. Adding a new entry for 310 CMR 7.18(2)(b), (e), and (f) in 
alphanumerical order;
0
e. Adding a new entry for 310 CMR 7.18(20)(a) and (b) in alphanumerical 
order;
0
f. Adding a new entry for 310 CMR 7.18(30) in alphanumerical order;
0
g. Adding a new entry for 310 CMR 7.19(1)(c)(9) in alphanumerical 
order; and
0
h. Adding a new entry to the existing state citations for 310 CMR 7.25.

Sec.  52.1167   EPA-approved Massachusetts State regulations.

* * * * *

                                                    Table 52.1167--EPA-Approved Rules and Regulations
                                                               [See Notes at end of Table]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Date
          State citation               Title/subject      submitted  by   Date approved    Federal Register      52.1120(c)       Comments/unapproved
                                                              State          by EPA            citation                                 sections
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
310 CMR 7.00.....................  Definitions.........          6/1/10         10/9/15  [Insert Federal                  142  Approved update to
                                                                                          Register page                         definition for volatile
                                                                                          number where the                      organic compound.
                                                                                          document begins].
 
                                                                      * * * * * * *
310 CMR 7.00 Appendix B..........  U Emissions Banking,         7/10/14         10/9/15  [Insert Federal                  142  Approved amended language
                                    Trading, and                                          Register page                         regarding emissions
                                    Averaging..                                           number where the                      averaging bubbles.
                                                                                          document begins].
 
                                                                      * * * * * * *
310 CMR 7.18(1)(d) and (f).......  U Applicability and          7/10/14         10/9/15  [Insert Federal                  142  Revisions made to clarify
                                    Handling                                              Register page                         applicability
                                    Requirements.                                         number where the                      requirements.
                                                                                          document begins].
 
                                                                      * * * * * * *
310 CMR 7.18(2)(b), (e), (f).....  U Compliance with            7/10/14         10/9/15  [Insert Federal                  142  Revisions made clarifying
                                    Emission                                              Register page                         eligibility for bubbling
                                    Limitations.                                          number where the                      coating lines together
                                                                                          document begins].                     for compliance purposes.
 
                                                                      * * * * * * *
310 CMR 7.18(20)(a), (b).........  Emission Control             7/10/14         10/9/15  [Insert Federal                  142  Clarification of entities
                                    Plans for                                             Register page                         required to submit
                                    Implementation of                                     number where the                      emission control plans.
                                    RACT.                                                 document begins].
 

[[Page 61107]]

 
                                                                      * * * * * * *
310 CMR 7.18(30).................  Adhesives and                7/10/14         10/9/15  [Insert Federal                  142  Regulation limiting
                                    Sealants.                                             Register page                         emissions from adhesives
                                                                                          number where the                      and sealants.
                                                                                          document begins].
 
                                                                      * * * * * * *
310 CMR 7.19(1)(c)(9)............  NOx RACT............         7/10/14         10/9/15  [Insert Federal                  142  Update made to section 1,
                                                                                          Register page                         applicability.
                                                                                          number where the
                                                                                          document begins].
 
                                                                      * * * * * * *
310 CMR 7.25.....................  Best Available                6/1/10         10/9/15  [Insert Federal                  142  Amended existing consumer
                                    Controls for                                          Register page                         products related
                                    Consumer and                                          number where the                      requirements, added
                                    Commercial Products.                                  document begins].                     provisions concerning
                                                                                                                                AIM coatings.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this
  date.
2. The regulations are effective statewide unless otherwise stated in comments or title section.

[FR Doc. 2015-25320 Filed 10-8-15; 8:45 am]
 BILLING CODE 6560-50-P
```