[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Rules and Regulations]
[Pages 61384-61388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21194]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R01-OAR-2005-CT-0002; A-1-FRL-7967-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; VOC RACT Orders for Hitchcock Chair Co., Ltd.; Kimberly 
Clark Corp.; Watson Laboratories, Inc.; and Ross & Roberts, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the State of Connecticut. These revisions incorporate 
volatile organic compound (VOC) reasonably available control technology 
(RACT) state consent orders into the Connecticut SIP for four 
facilities: Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.; Watson 
Laboratories, Inc.; and Ross & Roberts, Inc. This action will have a 
beneficial effect on air quality by reducing VOC emissions which 
contribute to ground-level ozone formation. EPA is taking this action 
in accordance with the Clean Air Act (CAA).

DATES: This direct final rule will be effective December 23, 2005, 
unless EPA receives adverse comments by November 23, 2005. 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 Regional Material in 
EDocket (RME) ID Number R01-OAR-2005-CT-0002 by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/ Regional Material 
in EDocket (RME), EPA's electronic public docket and comment system, is 
EPA's preferred method for receiving comments. Once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-

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line instructions for submitting comments.
    3. E-mail: <a href="/cdn-cgi/l/email-protection#f3909c9d819c8add97928596b3968392dd949c85"><span class="__cf_email__" data-cfemail="f5969a9b879a8cdb91948390b5908594db929a83">[email protected]</span></a>.
    4. Fax: (617) 918-0661.
    5. Mail: ``RME ID Number R01-OAR-2005-CT-0002,'' David Conroy, 
Chief, Air Programs Branch, U.S. Environmental Protection Agency, EPA 
New England Regional Office, One Congress Street, Suite 1100 (mail code 
CAQ), Boston, MA 02114-2023.
    6. Hand Delivery or Courier. Deliver your comments to: David 
Conroy, Chief, Air Programs Branch, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. 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 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Regional Material in EDocket 
(RME) ID Number R01-OAR-2005-CT-0002. EPA's policy is that all comments 
received will be included in the public docket without change and may 
be made available online at http://docket.epa.gov/rmepub/, 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 Regional Material in EDocket (RME), regulations.gov, or 
e-mail, information that you consider to be CBI or otherwise protected. 
The EPA RME Web site and the federal regulations.gov Web site are 
``anonymous access'' systems, 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 e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail 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 
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. 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, 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 RME or in hard copy at the Office of 
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New 
England Regional Office, One Congress Street, Suite 1100, 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 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023, 
telephone number (617) 918-1684, fax number (617) 918-0684, e-mail 
<a href="/cdn-cgi/l/email-protection#0f7c66626c6077216e63667c60614f6a7f6e21686079"><span class="__cf_email__" data-cfemail="27544e4a44485f09464b4e5448496742574609404851">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    In addition to the publicly available docket materials available 
for inspection electronically in Regional Material in EDocket, and the 
hard copy available at the Regional Office, which are identified in the 
ADDRESSES section above, copies of the state submittal and EPA's 
technical support document are also available for public inspection 
during normal business hours, by appointment at the State Air Agency. 
[The Bureau of Air Management, Department of Environmental Protection, 
State Office Building, 79 Elm Street, Hartford, CT 06106-1630.]

II. Rulemaking Information

    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

A. What action is EPA taking?
B. What are the requirements in the Connecticut orders?
C. Why is EPA approving Connecticut's submittals?
D. What is the process for approving these SIP revisions?

A. What action is EPA taking?

    EPA is approving VOC RACT state consent orders issued to the 
following facilities and incorporating these orders into the 
Connecticut SIP: Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.; 
Watson Laboratories, Inc. (formerly Danbury Pharmacal); and Ross & 
Roberts, Inc.

B. What are the requirements in the Connecticut orders?

    Consent Order 8229A for the Hitchcock Chair Company requires the 
wood-furniture manufacturing facility to meet VOC emission limits, work 
practice standards, and recordkeeping and reporting requirements. The 
requirements of the order are consistent with EPA's Control Techniques 
Guideline (CTG) for wood furniture manufacturers.\1\ Specifically, the 
order contains VOC content limits for topcoats and sealers and for 
spray-booth cleaning. Work practice standards include requirements to 
develop a written leak inspection and maintenance plan and to conduct 
training for facility personnel. In addition, the requirements prohibit 
use of conventional air-spray guns except under specified limited 
conditions. Recordkeeping and reporting requirements include 
requirements to maintain records of VOC content and viscosity of 
topcoats and sealers and of solvent additions, and to submit semiannual 
compliance reports and compliance certifications to DEP.
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    \1\ ``Control of Volatile Organic Compound Emissions from Wood 
Furniture Manufacturing Operations,'' EPA-453/R-96-007, April 1996.
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    Consent Order 8190 for the Kimberly Clark Corporation requires the 
tissue and healthcare-products manufacturing facility to meet VOC 
emission limits, monitoring requirements, and recordkeeping and 
reporting requirements. Specifically, the order contains VOC emissions 
limits for the tissue-manufacturing machines and the wastewater-
treatment process. The facility is required to continue to research and 
test low VOC-content additives for its manufacturing process, and to 
submit a biennial report to DEP that summarizes research activities and 
evaluates the feasibility of switching to lower VOC content additives. 
In addition, Kimberly Clark must submit annual compliance reports and 
compliance certifications to DEP.
    Consent Order 8200 for Watson Laboratories, Inc., requires the 
pharmaceutical company to meet VOC emission limits, monitoring 
requirements, and recordkeeping and reporting requirements. 
Specifically, the

[[Page 61386]]

facility has reformulated some of its coatings and the order requires 
the facility to continue to use non-VOC coatings and materials when 
manufacturing several specified products. The order also contains 
monthly and annual VOC emissions caps and prohibits the facility from 
using methylene chloride and methanol in the existing process equipment 
and cleaning of this equipment. Also, the company is required to 
continue to research the availability of U.S. Food and Drug 
Administration (FDA) approved non-VOC coatings and materials for any 
new product produced at the facility. In addition, the facility must 
maintain records that include a list of coatings and materials used to 
manufacture specified products, and the amount and method of usage of 
methylene chloride and methanol. Watson Laboratories must submit annual 
compliance reports and compliance certifications to DEP.
    Consent Order 8237 for Ross & Roberts, Inc. requires the vinyl-
sheet products manufacturing business to meet VOC emission limits, 
monitoring requirements, and recordkeeping and reporting requirements. 
Specifically, the order includes a limit on the average monthly VOC 
emissions generated from the facility's calendar lines. Also, the 
facility is required to continue to use its fiberbed emission control 
(FEC) system (or DEP- and EPA-approved replacement system) to limit VOC 
emissions from the calender lines, and to monitor the performance of 
the FEC system (or its replacement). The facility also must conduct 
emissions testing, and submit testing results to DEP. In addition, the 
facility must maintain records that include the weight of material 
produced in the calender lines, results of VOC emission testing, FEC 
system performance, and operating time for the calendar equipment and 
capture and control devices. Watson Labs must submit annual compliance 
reports and compliance certifications to DEP.

C. Why is EPA approving Connecticut's submittals?

    EPA has evaluated the orders issued to Hitchcock Chair Co., Ltd.; 
Kimberly Clark Corp.; Watson Laboratories, Inc.; and Ross & Roberts, 
Inc., and has found that they are generally consistent with EPA 
guidance and impose VOC RACT at these facilities. Therefore, EPA is 
approving these orders as VOC RACT.
    The specific requirements of these orders and EPA's evaluation of 
these requirements are detailed in a memorandum entitled ``Technical 
Support Document--Connecticut--VOC RACT Orders'' (TSD). The TSD and 
Connecticut's orders are available in the docket supporting this 
action.
    Previously, Connecticut submitted to EPA Section 22a-174-32 
``Reasonably Available Control Technology (RACT) for volatile organic 
compounds.'' EPA issued an approval of this rule on October 19, 2000 
(65 FR 62620). EPA's approval noted that Connecticut must define 
explicitly, and have approved by EPA, RACT for all those sources 
complying with Section 22a-174-32 through options (C) and (D) of the 
rule. Therefore, the DEP subsequently submitted SIP revisions to EPA 
for Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.; Watson 
Laboratories, Inc.; and Ross & Roberts, Inc.

D. What is the process for approving these SIP revisions?

    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 23, 2005, without further notice unless the Agency receives 
relevant adverse comments by November 23, 2005.
    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. Only 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 23, 2005 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.

III. Final Action

    EPA is approving VOC RACT orders issued to the following facilities 
and incorporating these orders into the Connecticut SIP: Hitchcock 
Chair Co., Ltd.; Kimberly Clark Corp.; Watson Laboratories, Inc. 
(formerly Danbury Pharmacal); and Ross & Roberts, Inc.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus

[[Page 61387]]

standards (VCS), EPA has no authority to disapprove a SIP submission 
for failure to use VCS. It would thus be inconsistent with applicable 
law for EPA, when it reviews a SIP submission, to use VCS in place of a 
SIP submission that otherwise satisfies the provisions of the Clean Air 
Act. Thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    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 rule 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 23, 2005. Interested 
parties should comment in response to the proposed rule rather than 
petition for judicial review, unless the objection arises after the 
comment period allowed for in the proposal. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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. 
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, Ozone, Volatile organic compounds.

    Dated: August 11, 2005.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.

0
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 H--Connecticut

0
2. Section 52.370 is amended by adding paragraph (c)(96) to read as 
follows:


Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (96) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on April 30, 2002, 
and October 17, 2002.
    (i) Incorporation by reference.
    (A) Consent Order No. 8229A issued by the Connecticut Department of 
Environmental Protection to Hitchcock Chair Company, Ltd., on April 15, 
2002.
    (B) Consent Order No. 8190 issued by the Connecticut Department of 
Environmental Protection to Kimberly Clark Corporation on April 23, 
2002.
    (C) Consent Order No. 8200 issued by the Connecticut Department of 
Environmental Protection to Watson Laboratories, Inc., on October 3, 
2002.
    (D) Consent Order No. 8237 issued by the Connecticut Department of 
Environmental Protection to Ross & Roberts, Inc., on October 4, 2002.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.

0
3. In Sec.  52.385, Table 52.385 is amended by adding new entries to 
existing state citation 22a-174-32 to read as follows:


Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                                         Table 52.385.--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Dates
                                                   --------------------------
  Connecticut State  citation      Title/subject        Date         Date      Federal Register    Section               Comments/description
                                                     adopted by  approved by       citation         52.370
                                                       State         EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
22a-174-32.....................  Reasonably             4/15/02     10/24/05  [Insert FR             (c)(96)  VOC RACT for Hitchcock Chair.
                                  available                                    citation from
                                  control                                      published date].
                                  technology for
                                  volatile organic
                                  compounds.
22a-174-32.....................  Reasonably             4/23/01     10/24/05  [Insert FR             (c)(96)  VOC RACT for Kimberly Clark.
                                  available                                    citation from
                                  control                                      published date].
                                  technology for
                                  volatile organic
                                  compounds.
22a-174-32.....................  Reasonably            10/03/02     10/24/05  [Insert FR             (c)(96)  VOC RACT for Watson Laboratories.
                                  available                                    citation from
                                  control                                      published date].
                                  technology for
                                  volatile organic
                                  compounds.
22a-174-32.....................  Reasonably            10/04/02     10/24/05  [Insert FR             (c)(96)  VOC RACT for Ross & Roberts.
                                  available                                    citation from
                                  control                                      published date].
                                  technology for
                                  volatile organic
                                  compounds.
 
                                                                      * * * * * * *
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[FR Doc. 05-21194 Filed 10-21-05; 8:45 am]
BILLING CODE 6560-50-P


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