[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Rules and Regulations]
[Pages 12123-12125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5350]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MA-30-1-6846a; A-1-FRL-5158-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; VOC RACT for Brittany Dyeing and Printing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Massachusetts. This revision consists 
of a reasonably available control technology (RACT) Plan Approval for 
controlling volatile organic compound (VOC) emissions from Brittany 
Dyeing and Printing Corporation of New Bedford, Massachusetts. The 
intended effect of this action is to approve a source-specific RACT 
determination made by the Commonwealth of Massachusetts in accordance 
with commitments of its approved 1982 ozone attainment plan. This 
action is being taken in accordance with the Clean Air Act.

DATES: This final rule is effective May 5, 1995, unless notice is 
received by April 5, 1995 that adverse or critical comments will be 
submitted. If the effective date is delayed, timely notice will be 
published in the Federal Register.

ADDRESSES: Comments may be mailed to Linda M. Murphy, Director, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours, by appointment at the 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, One Congress Street, 10th floor, Boston, 
MA; Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M Street, SW., (LE-131), Washington, DC 20460; 
and Division of Air Quality Control, Department of Environmental 
Protection, One Winter Street, 8th Floor, Boston, MA 02108.

FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 565-3166.

SUPPLEMENTARY INFORMATION: On March 31, 1994, the Commonwealth of 
Massachusetts submitted a formal revision to its State Implementation 
Plan (SIP). The SIP revision consists of a reasonably available control 
technology (RACT) Plan Approval for controlling volatile organic 
compound (VOC) emissions from Brittany Dyeing and Printing Corporation 
of New Bedford, Massachusetts.

Background Information

    On November 9, 1983 (48 FR 51480), EPA approved Massachusetts 
Regulation 310 CMR 7.18(17) ``Reasonably Available Control 
Technology,'' as part of the Commonwealth of Massachusetts 1982 ozone 
attainment plan. This regulation requires the Massachusetts Department 
of Environmental Protection to determine and impose RACT on all 
facilities with the potential to emit one hundred tons per year or more 
of VOC that are not already subject to Massachusetts' regulations 
developed pursuant to the EPA Control Techniques Guideline (CTG) 
documents.<SUP>1

    \1\ On February 12, 1993, Massachusetts revised 310 CMR 7.18(17) 
to apply to 50 ton per year facilities pursuant to Section 182 of 
the Clean Air Act Amendments of 1990. This revised rule has not yet 
been approved into the Massachusetts SIP.
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Summary of SIP Revision

    On March 31, 1994, Massachusetts submitted a RACT Plan Approval for 
Brittany Dyeing and Printing. EPA has reviewed this Plan Approval 
against the [[Page 12124]] applicable statutory requirements and for 
consistency with EPA guidance. Massachusetts' Plan Approval and EPA's 
evaluation are detailed in a memorandum dated December 21, 1994, 
entitled ``Technical Support Document--Massachusetts--Brittany Dyeing 
and Printing Corporation.'' Copies of that document are available, upon 
request, from the EPA Regional Office listed in the ADDRESSES section 
of this document. A summary of EPA's analysis is provided below.
    Brittany has four 310 CMR 7.18(17) RACT applicable VOC emitting 
processes at its textile processing facility: Fabric printing, fabric 
finishing, fabric dyeing, and process cleaning. Brittany's total 1990 
VOC emissions were 172.1 tons.
    Brittany has significantly reduced its VOC emissions by 
reformulating its printing pastes and finish formulations. Fabric 
printing and fabric finishing are the main source of VOC emissions at 
Brittany. Together these processes account for 93.6 percent of the 
facility's total 1990 VOC emissions. Although there is no CTG document 
for the fabric printing and finishing operations at Brittany, a CTG 
does exist for graphic arts printing (Control of Volatile Organic 
Emissions from Existing Stationary Sources--Volume VIII: Graphic Arts--
Rotogravure and Flexography; EPA-450/2-78-033) which covers a printing 
process that is similar to the fabric printing and finishing operations 
at Brittany. This CTG recommends a 65 percent overall reduction in VOC 
emissions from packaging rotogravure and a 75 percent overall reduction 
for publication rotogravure when using add-on controls. Furthermore, 
EPA has determined that a 0.5 pounds of VOC per pound of solids 
emission limit constitutes RACT for flexographic and packaging 
rotogravure printing.
    The DEP has determined that an emission limit of 0.5 pounds of VOC 
per pound of solids represents RACT for both the fabric printing and 
the fabric finishing processes at Brittany. These emissions limits, 
which are consistent with those imposed on facilities covered by the 
Graphic Arts printing CTG, are reasonable limits. The 0.5 pounds of VOC 
per pound of solids limits are also consistent with a previously 
approved RACT Plan for Duro Textile Printers of Fall River, 
Massachusetts (54 FR 46896).
    DEP has also determined that an emissions limit of 0.5 pounds of 
VOC per pound of solids represents RACT for the fabric dyeing process 
at Brittany. One exception to this limit is allowed for Polyester 
Carrier. Once again, the 0.5 pounds of VOC per pound of solids limit 
appears reasonable. The exception for Polyester Carrier is also 
considered acceptable in light of the following: (1) Fabric dyeing is 
responsible for only 0.7 percent of the facility's total 1990 
emissions; and (2) DEP is also imposing a 0.4 tons of VOC per year cap 
on emissions from this product.
    Finally, cleaning activities account for 5 percent of Brittany's 
total 1990 VOC emissions. EPA has recently published guidance on 
emissions from process cleaning (Alternate Control Techniques 
Document--Industrial Cleaning Solvents; EPA-453/R-94-015). This 
document indicates that the establishment of a solvents accounting or 
tracking system whereby actual solvent usage is tracked (rather than 
tracking only the total quantity purchased) leads to a reduction in 
emissions from cleaning activities. DEP is requiring that Brittany keep 
a separate daily VOC emissions log for cleaning activities and is also 
imposing annual caps on VOC emissions from specific cleaning products.
    Brittany's compliance with the RACT requirements outlined above 
will be determined by the VOC content of its print pastes, finish 
formulations and dyes, and by the amount of solvent used per day. 
Brittany is required to keep daily records documenting the use of all 
VOC containing material.
    EPA's review of Massachusetts' SIP revision indicates that the 
requirements contained in Massachusetts Plan Approval No. 4P92012 
represent RACT for Brittany. EPA is, therefore, approving the March 31, 
1994 Massachusetts SIP revision.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective May 5, 1995 unless, by April 5, 1995, adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by simultaneously publishing a subsequent 
document that will withdraw the final action. All public comments 
received will then be addressed in a subsequent final rule based on 
this action serving as a proposed rule. The EPA will not institute a 
second comment period on this action. Any parties interested in 
commenting on this action should do so at this time. If no such 
comments are received, the public is advised that this action will be 
effective on May 5, 1995.

Final Action

    EPA is approving Massachusetts' Plan Approval for Brittany Dyeing 
Printing Corporation which was submitted as a SIP revision on March 31, 
1994. This Plan Approval imposes RACT on Brittany in order to reduce 
VOC emissions from this facility.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and Table 3 SIP revisions from the requirement of 
section 3 of Executive Order 12291 for a period of two years. The EPA 
has submitted a request for a permanent waiver for Table 2 and Table 3 
SIP revisions. The OMB has agreed to continue the waiver until such 
time as it rules on U.S. EPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410 (a)(2).
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future 
[[Page 12125]] request for revision to any State Implementation Plan. 
Each request for revision to the State Implementation Plan shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    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 May 5, 1995. 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, Hydrocarbons, 
Incorporation by reference, Ozone.

    Note: Incorporation by reference of the State Implementation 
Plan for the Commonwealth of Massachusetts was approved by the 
Director of the Federal Register on July 1, 1982.

    Dated: February 9, 1995.
John P. DeVillars,
Regional Administrator, Region I.

    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. 7401-7671q.

Subpart W--Massachusetts

    2. Section 52.1120 is amended by adding paragraph (c)(104) to read 
as follows:


 Sec. 52.1120  Identification of plan.

* * * * *
    (c) * * *
    (104) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on March 31, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated March 31, 1994 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Final Plan Approval No. 4P92012, dated and effective March 16, 
1994 imposing reasonably available control technology on Brittany 
Dyeing and Finishing of New Bedford, Massachusetts.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    3. In Sec. 52.1167, Table 52.1167 is amended by adding new entries 
to existing state citation 310 CMR 7.18(17) to read as follows:


Sec. 52.1167  EPA-approved Massachusetts state regulations.

* * * * *

                                Table 52.1167--EPA-Approved Rules and Regulations                               
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                                        Date                           Federal                      Comments/   
 State citation     Title/subject    submitted   Date approved by      Register      52.1120(c)     unapproved  
                                      by State          EPA            citation                      sections   
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        *                  *                  *                  *                  *                  *        
                                                        *                                                       
310 CMR 7.18(17)  Reasonably            3/31/94  March 6, 1995...  [Insert FR               104  RACT for       
                   Available                                        citation from                 Brittany      
                   Control                                          published                     Dyeing and    
                   Technology.                                      date].                        Finishing of  
                                                                                                  New Bedford,  
                                                                                                  MA.           
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
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[FR Doc. 95-5350 Filed 3-3-95; 8:45 am]
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