80_FR_61297 80 FR 61101 - Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Approval of Regulations Limiting Emissions of Volatile Organic Compounds and Nitrogen Oxides

80 FR 61101 - Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Approval of Regulations Limiting Emissions of Volatile Organic Compounds and Nitrogen Oxides

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 196 (October 9, 2015)

Page Range61101-61107
FR Document2015-25320

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 (NO<INF>X</INF>). 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.

Federal Register, Volume 80 Issue 196 (Friday, October 9, 2015)
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61101-61107]
From the Federal Register Online  [www.thefederalregister.org]
[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: [email protected].
    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 
[email protected].

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



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

                                             no Regulatory Flexibility Analysis is                   CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR            Protection Agency, EPA New England
                                             required and none has been prepared.                    44025, 3 CFR, 2001 Comp., p. 783; E.O.                Regional Office, Office of Ecosystem
                                                                                                     13224, 66 FR 49079, 3 CFR, 2001 Comp., p.             Protection, Air Quality Planning Unit, 5
                                             List of Subjects                                        786; Notice of November 7, 2014, 79 FR                Post Office Square—Suite 100, (Mail
                                                                                                     67035 (November 12, 2014); Notice of
                                             15 CFR Part 730                                         January 21, 2015, 80 FR 3461 (January 22,
                                                                                                                                                           code OEP05–2), Boston, MA 02109–
                                               Administrative practice and                           2015); Notice of August 7, 2015, 80 FR 48233          3912.
                                             procedure, Advisory committees,                         (August 11, 2015); Notice of September 18,               5. Hand Delivery or Courier. Deliver
                                             Exports, Reporting and recordkeeping                    2015, 80 FR 57281 (September 22, 2015).               your comments to: Anne Arnold,
                                                                                                                                                           Manager, Air Quality Planning Unit,
                                             requirements, Strategic and critical                      Dated: October 2, 2015.
                                                                                                                                                           Office of Ecosystem Protection, U.S.
                                             materials.                                              Matthew S. Borman,                                    Environmental Protection Agency, EPA
                                             15 CFR Part 744                                         Deputy Assistant Secretary for Export                 New England Regional Office, 5 Post
                                                                                                     Administration.                                       Office Square—Suite 100, (Mail code
                                               Exports, Reporting and recordkeeping
                                                                                                     [FR Doc. 2015–25756 Filed 10–8–15; 8:45 am]           OEP05–2), Boston, MA 02109–3912.
                                             requirements, Terrorism.
                                               Accordingly, parts 730 and 744 of the
                                                                                                     BILLING CODE 3510–33–P                                Such deliveries are only accepted
                                                                                                                                                           during the Regional Office’s normal
                                             EAR (15 CFR parts 730–774) are
                                                                                                                                                           hours of operation. The Regional
                                             amended as follows:
                                                                                                     ENVIRONMENTAL PROTECTION                              Office’s official hours of business are
                                             PART 730—[AMENDED]                                      AGENCY                                                Monday through Friday, 8:30 a.m. to
                                                                                                                                                           4:30 p.m., excluding legal holidays.
                                             ■ 1. The authority citation for 15 CFR                  40 CFR Part 52                                           Instructions: Direct your comments to
                                             part 730 is revised to read as follows:                 [EPA–R01–OAR–2014–0631; A–1–FRL–                      Docket ID No. EPA–R01–OAR–2014–
                                                Authority: 50 U.S.C. app. 2401 et seq.; 50           9932–12–Region 1]                                     0631. EPA’s policy is that all comments
                                             U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.                                                                received will be included in the public
                                             7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note;           Approval and Promulgation of Air                      docket without change and may be
                                             22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30              Quality Implementation Plans;                         made available online at
                                             U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42              Massachusetts; Approval of                            www.regulations.gov, including any
                                             U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a;           Regulations Limiting Emissions of                     personal information provided, unless
                                             50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22            Volatile Organic Compounds and                        the comment includes information
                                             U.S.C. 7210; E.O. 11912, 41 FR 15825, 3 CFR,                                                                  claimed to be Confidential Business
                                             1976 Comp., p. 114; E.O. 12002, 42 FR 35623,
                                                                                                     Nitrogen Oxides
                                                                                                                                                           Information (CBI) or other information
                                             3 CFR, 1977 Comp., p. 133; E.O. 12058, 43               AGENCY: Environmental Protection
                                             FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.                                                                     whose disclosure is restricted by statute.
                                                                                                     Agency (EPA).                                         Do not submit through
                                             12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
                                             256; E.O. 12851, 58 FR 33181, 3 CFR, 1993               ACTION: Direct final rule.                            www.regulations.gov, or email,
                                             Comp., p. 608; E.O. 12854, 58 FR 36587, 3                                                                     information that you consider to be CBI
                                             CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR              SUMMARY:    The Environmental Protection              or otherwise protected. The
                                             28205, 3 CFR, 1994 Comp., p. 899; E.O.                  Agency (EPA) is approving State                       www.regulations.gov Web site is an
                                             12938, 59 FR 59099, 3 CFR, 1994 Comp., p.               Implementation Plan (SIP) revisions                   ‘‘anonymous access’’ system, which
                                             950; E.O. 12947, 60 FR 5079, 3 CFR, 1995                submitted by the Commonwealth of                      means EPA will not know your identity
                                             Comp., p. 356; E.O. 12981, 60 FR 62981, 3               Massachusetts. These revisions establish              or contact information unless you
                                             CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR              emission limitations for certain
                                             54079, 3 CFR, 1996 Comp., p. 219; E.O.                                                                        provide it in the body of your comment.
                                                                                                     activities that cause emissions of                    If you send an email comment directly
                                             13026, 61 FR 58767, 3 CFR, 1996 Comp., p.               volatile organic compounds (VOCs) and
                                             228; E.O. 13099, 63 FR 45167, 3 CFR, 1998                                                                     to EPA without going through
                                             Comp., p. 208; E.O. 13222, 66 FR 44025, 3               nitrogen oxides (NOX). Approval of                    www.regulations.gov your email address
                                             CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR              these state requirements into the                     will be automatically captured and
                                             49079, 3 CFR, 2001 Comp., p. 786; E.O.                  Massachusetts SIP will make them                      included as part of the comment that is
                                             13338, 69 FR 26751, 3 CFR, 2004 Comp., p                federally enforceable. This action is                 placed in the public docket and made
                                             168; E.O. 13637 of March 8, 2013, 78 FR                 being taken in accordance with the                    available on the Internet. If you submit
                                             16129 (March 13, 2013); Notice of November              Clean Air Act.                                        an electronic comment, EPA
                                             7, 2014, 79 FR 67035 (November 12, 2014);               DATES: This direct final rule will be
                                             Notice of January 21, 2015, 80 FR 3461                                                                        recommends that you include your
                                             (January 22, 2015); Notice of May 6, 2015, 80
                                                                                                     effective December 8, 2015, unless EPA                name and other contact information in
                                             FR 26815 (May 8, 2015); Notice of August 7,             receives adverse comments by                          the body of your comment and with any
                                             2015, 80 FR 48233 (August 11, 2015); Notice             November 9, 2015. If adverse comments                 disk or CD–ROM you submit. If EPA
                                             of September 18, 2015, 80 FR 57281                      are received, EPA will publish a timely               cannot read your comment due to
                                             (September 22, 2015).                                   withdrawal of the direct final rule in the            technical difficulties and cannot contact
                                                                                                     Federal Register informing the public                 you for clarification, EPA may not be
                                             PART 744—[AMENDED]                                      that the rule will not take effect.                   able to consider your comment.
                                                                                                     ADDRESSES: Submit your comments,                      Electronic files should avoid the use of
                                             ■ 2. The authority citation for 15 CFR
                                                                                                     identified by Docket ID Number EPA–                   special characters, any form of
                                             part 744 is revised to read as follows:
                                                                                                     R01–OAR–2014–0631 by one of the                       encryption, and be free of any defects or
                                               Authority: 50 U.S.C. app. 2401 et seq.; 50            following methods:                                    viruses.
                                             U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;               1. www.regulations.gov: Follow the                    Docket: All documents in the
                                             42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22                                                                   electronic docket are listed in the
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                                                                                                     on-line instructions for submitting
                                             U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,                                                                  www.regulations.gov index. Although
                                             1978 Comp., p. 179; E.O. 12851, 58 FR 33181,            comments.
                                             3 CFR, 1993 Comp., p. 608; E.O. 12938, 59                  2. Email: arnold.anne@epa.gov.                     listed in the index, some information is
                                             FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.                  3. Fax: (617) 918–0047.                            not publicly available, i.e., CBI or other
                                             12947, 60 FR 5079, 3 CFR, 1995 Comp., p.                   4. Mail: ‘‘Docket Identification                   information whose disclosure is
                                             356; E.O. 13026, 61 FR 58767, 3 CFR, 1996               Number EPA–R01–OAR–2014–0631,’’                       restricted by statute. Certain other
                                             Comp., p. 228; E.O. 13099, 63 FR 45167, 3               Anne Arnold, U.S. Environmental                       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                 iii. Changes to Appendix B: Emissions               together encompass the entire state. See
                                             publicly available only in hard copy                         Banking, Trading, and Averaging                  69 FR 23858.
                                             form. Publicly available docket                         IV. Final Action
                                                                                                     V. Incorporation by Reference                           Subsequent to Massachusetts’ initial
                                             materials are available either                                                                                adoption of these rules, EPA
                                                                                                     VI. Statutory and Executive Order Reviews
                                             electronically in www.regulations.gov or                                                                      promulgated within 40 CFR part 59
                                             in hard copy at U.S. Environmental                      I. Background and Purpose                             emission standards for consumer
                                             Protection Agency, EPA New England                         On June 1, 2010, and July 10, 2014,                products which became effective
                                             Regional Office, Office of Ecosystem                    the Commonwealth of Massachusetts                     December 10, 1998, and for AIM
                                             Protection, 5 Post Office Square—Suite                  submitted formal revisions to its State               coatings, which became effective on
                                             100, Boston, MA. EPA requests that if at                Implementation Plan (SIP). The
                                             all possible, you contact the contact                                                                         September 13, 1999. EPA has
                                                                                                     Commonwealth held public hearings on                  determined that the Commonwealth’s
                                             listed in the FOR FURTHER INFORMATION                   February 28, 2007, March 2, 2007, and
                                             CONTACT section to schedule your
                                                                                                                                                           rules are no less stringent than EPA
                                                                                                     November 25, 2008 for the items within                requirements found at 40 CFR part 59.
                                             inspection. The Regional Office’s                       the June 1, 2010 submittal, and on
                                             official hours of business are Monday                   November 17, 2011 for the July 10, 2014                 Massachusetts based the current
                                             through Friday, 8:30 a.m. to 4:30 p.m.,                 submittal. The June 1, 2010 SIP revision              revisions on control measures in place
                                             excluding legal holidays.                               request contains air pollution control                in California and on model rules
                                                In addition, copies of the state                     requirements that will reduce volatile                adopted by the Ozone Transport
                                             submittal are also available for public                 organic compound (VOC) emissions                      Commission (OTC) in 2001 for AIM
                                             inspection during normal business                       from architectural and industrial                     coatings, and in 2006 for consumer
                                             hours, by appointment at the following                  maintenance (AIM) coatings and from                   products. The Commonwealth updated
                                             State Air Agency: Air and Climate                       consumer products, and also contains a                these existing requirements in two
                                             Division, Department of Environmental                   minor regulatory revision pertaining to               phases. The first phase occurred in 2007
                                             Protection, One Winter Street, 8th Floor,               the definition of VOC. We approved                    and involved the majority of the
                                             Boston, MA 02108.                                       other portions of the Commonwealth’s                  changes to the regulation, consisting of
                                             FOR FURTHER INFORMATION CONTACT: Bob                    June 1, 2010 submittal pertaining to                  the tightening of emission limits and
                                             McConnell, Air Quality Unit, U.S.                       solvent metal degreasing, motor vehicle               addition of product categories described
                                             Environmental Protection Agency, EPA                    fuel dispensing, and several definitions              further in section III of this document.
                                             New England Regional Office, 5 Post                     on September 9, 2013. See 78 FR 54960.                The second phased occurred in 2008
                                             Office Square—Suite 100, (Mail code                     The Commonwealth’s July 10, 2014                      and was undertaken to add alternative
                                             OEP05–2), Boston, MA 02109–3912,                        submittal contains a regulation limiting              compliance plan (ACP) provisions to the
                                             telephone number (617) 918–1668, fax                    VOC emissions from adhesives and                      regulation.
                                             number (617) 918–0046, email                            sealants, and several minor revisions to
                                             mcconnell.robert@epa.gov.                               existing regulations.                                 b. Amendment to the Definition of VOC
                                             SUPPLEMENTARY INFORMATION:
                                             Throughout this document whenever                       II. Summary of the Commonwealth’s                        Definitions relied upon within the
                                             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             Submittals                                            Commonwealth’s air pollution control
                                             EPA. The phrase ‘‘the Commonwealth’’                                                                          regulations are codified within 310 CMR
                                                                                                     1. June 1, 2010 submittal
                                             refers to the Commonwealth of                                                                                 7.00. On January 18, 2007 (72 FR 2193),
                                             Massachusetts.                                          a. AIM Coatings and Consumer Products                 EPA amended its definition of VOC that
                                                Organization of this document. The                   Rule                                                  is contained within 40 CFR 51.100(s) by
                                             following outline is provided to aid in                    The Commonwealth’s June 1, 2010                    adding the chemical compound HFE–
                                             locating information in this preamble.                  submittal includes an amended version                 7300 to the list of compounds that are
                                             I. Background and Purpose                               of Chapter 310 of the Code of                         not considered VOCs due to their
                                             II. Summary of the Commonwealth’s                       Massachusetts Regulations (CMR),                      negligible photochemical reactivity.
                                                   Submittals                                        section 7.25, Best Available Controls for             Therefore, the Commonwealth also
                                                1. June 1, 2010 Submittal                            Consumer and Commercial Products.                     added this compound to its list of
                                                a. Architectural and Industrial                      This regulation includes emission limits              compounds which are exempt from the
                                                   Maintenance (AIM) Coatings And                                                                          definition of VOC pursuant to 310 CMR
                                                   Consumer Products Rule
                                                                                                     for AIM coatings. EPA approved
                                                                                                     Massachusetts’ initial regulation for                 7.00.
                                                b. Amendment to the Definition of VOC
                                                2. July 10, 2014 Submittal                           these sectors on December 19, 1995 (60                2. July 10, 2014 Submittal
                                                a. Adhesives and Sealants Regulation                 FR 65240), with a minor update
                                                b. Minor Revisions to Existing Regulations           approved on April 11, 2000 (65 FR                     a. Adhesives and Sealants Regulation
                                                i. Changes to 310 CMR 7.18, VOC RACT                 19323).
                                                ii. Change to 310 CMR 7.19, NOX RACT                    The amended regulation achieves                      On July 10, 2014, Massachusetts
                                                iii. Changes to Appendix B: Emissions                further emission reductions of VOCs                   submitted a newly adopted VOC control
                                                   Banking, Trading, and Averaging                                                                         regulation, 310 CMR 7.18(30),
                                             III. Analysis of the Commonwealth’s                     from these sectors. This was
                                                                                                     accomplished by lowering many of the                  Adhesives and Sealants, to EPA as a
                                                   Submittals
                                                1. June 1, 2010 Submittal                            existing VOC emission limits, and by                  revision to its SIP. The regulation
                                                a. AIM coatings and Consumer Products                expanding the universe of products                    establishes VOC content limits for
                                                   Rule                                              covered by these regulations.                         industrial adhesives and sealants and
                                                i. AIM Coatings Requirements                         Massachusetts adopted these                           associated cleaning and surface
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                                                ii. Consumer Products Requirements                   requirements to assist with efforts to                preparation operations. The
                                                b. Amendment to the Definition of VOC                                                                      Commonwealth’s submittal also makes
                                                2. July 10, 2014 Submittal
                                                                                                     attain EPA’s 1997 8-hour ozone
                                                a. Adhesives and Sealants Regulation                 standard. In 2004, EPA designated                     minor revisions to other sections of 310
                                                b. Minor Revisions to Existing Regulations           Massachusetts as nonattainment for this               CMR 7.18 to make these sections
                                                i. Changes to 310 CMR 7.18, VOC RACT                 standard, and established two moderate                consistent with the new adhesives and
                                                ii. Change to 310 CMR 7.19, NOX RACT                 ozone nonattainment areas which                       sealants regulation.


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                                                                Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations                                       61103

                                             b. Minor Revisions to Existing                          Commonwealth’s newly adopted VOC                         2. A provision explaining that
                                             Regulations                                             content limits versus the existing EPA                possible future emission standards
                                             i. Changes to 310 CMR 7.18, VOC RACT                    requirements. In conducting this                      promulgated by EPA would override
                                                                                                     comparison, we noted that a minor                     existing Massachusetts standards was
                                                Massachusetts amended its existing                   difference exists in how recycled                     removed. We note, however, that any
                                             VOC control regulation that ensures                     coatings are treated within the                       future EPA standards that are more
                                             reasonably available control technology                 Commonwealth’s AIM coating rule and                   stringent than the comparable
                                             (RACT) is applied to certain industrial                 the federal rule. The Commonwealth’s                  Massachusetts standard would indeed
                                             sources to clarify the relationship                     rule establishes a VOC content limit of               need to be complied with.
                                             between RACT and Best Available                         250 grams per liter (g/l) for recycled                   3. Requirements for products
                                             Control Technology (BACT) and Lowest                    coatings. The federal AIM rule uses a                 registered pursuant to the Federal
                                             Achievable Emission Rates (LAER), and                   formula based on the percent of the                   Insecticide, Fungicide, and Rodenticide
                                             further amended it to clarify the                       coating that is from recycled materials,              Act (FIFRA) were moved from 7.25(6) to
                                             requirements for emission control plan                  and then determines an adjusted VOC                   7.25(11) and (12).
                                             (ECP) submittals. In addition,                          content that is compared to the                          4. The existing innovative products
                                             Massachusetts’ submittal initially                      normative standard for that product                   exemption was moved from 7.25(7) to
                                             included revisions to 310 CMR                           category. Therefore, it is conceivable                7.25(12);
                                             7.18(1)(b). This provision, which deals                 that the Commonwealth’s regulation                       5. The requirement at 7.25(8) that
                                             with halogenated organic compounds                      could provide a less stringent standard               compliance certifications be submitted
                                             (HOC), is not, however, part of the SIP.                than the federal AIM rule would                       to the Massachusetts Department of
                                             Therefore, Massachusetts subsequently                   provide for a product containing                      Environmental Protection (MassDEP)
                                             withdrew the revised 310 CMR                            recycled materials. If this situation                 was removed, but the obligation for
                                             7.18(1)(b) from the SIP submittal in a                  occurs, we note that the limits within                sources to prepare and maintain this
                                             letter dated July 15, 2015.                             the federal AIM rule would need to be                 information on site, and submit it to
                                                                                                     met. In all other cases, the                          MassDEP upon request, was retained.
                                             ii. Changes to 310 CMR 7.19, NOX RACT                                                                            The updates Massachusetts has made
                                                                                                     Commonwealth’s VOC content limits
                                               The Commonwealth’s NOX RACT                           are either more stringent than, or                    to its existing AIM coatings regulation
                                             regulation was amended similarly to the                 equivalent to, those within the federal               strengthen the rule and are consistent
                                             above mentioned amendment made to                       AIM rule.                                             with the Clean Air Act, and we are
                                             the VOC RACT requirements with                             Additionally, there are a number of                therefore approving them as revisions to
                                             regard to the relationship between                      product categories in the federal AIM                 the Commonwealth’s SIP.
                                             RACT, BACT, and LAER, and also to                       rule that are not similarly named within              ii. Consumer Products Requirements
                                             ECPs. Additionally, the July 10, 2014                   the Commonwealth’s rule. Table 2
                                             submittal included a rewording of 310                   within the TSD prepared for this action                  The Commonwealth’s updated
                                             CMR 7.19(1)(c)(9) to clarify the intent of              identifies these product categories, and              consumer product requirements became
                                             the paragraph.                                          links them to the product category with               effective January 1, 2009, by which time
                                                                                                     the Massachusetts AIM rule that applies               other OTC states, and California, had
                                             iii. Changes to Appendix B: Emissions                   to them. In all cases, the                            adopted similar limits. This enables
                                             Banking, Trading, and Averaging                         Commonwealth’s VOC content limits                     manufacturers to achieve compliance by
                                               The July 10, 2014 submittal included                  are either more stringent than, or                    using product reformulations that are
                                             an edit to the paragraph located at 310                 equivalent to, those within the federal               similar to the available compliant
                                             CMR 7.00 Appendix B(4)(b)(7)                            AIM rule.                                             products in other jurisdictions. Table 3
                                             pertaining to bubbles approved prior to                    Massachusetts’ revised requirements                within the TSD prepared for this action
                                             May 25, 1988. A bubble is a mechanism                   for AIM coatings contains a ‘‘sell                    compares the VOC content limits within
                                             that allows the emission limits for two                 through’’ provision which enabled                     Massachusetts’ updated regulation and
                                             or more units to be analyzed collectively               coating manufacturers to sell coatings                the federal requirements. The VOC
                                             for regulatory purposes.                                manufactured before the effective date                content limits within Table 3 indicate
                                                                                                     of these requirements to be sold for up               that in all instances the
                                             III. Analysis of the Commonwealth’s                     to three years from the rule’s January 1,             Commonwealth’s limits are equal to, or
                                             Submittals                                              2009 compliance date. The rule also                   more stringent than, the comparable
                                             1. June 1, 2010 Submittal                               includes labeling and recordkeeping                   EPA limit.
                                                                                                     requirements that are consistent with                    The consumer products provisions of
                                             a. AIM Coatings and Consumer Products                   EPA’s requirements. Coating                           310 CMR 7.25 contain a number of
                                             Rule                                                    manufacturers must maintain coating                   flexibility provisions, including the
                                               Massachusetts updated 310 CMR 7.25,                   production records for a minimum of 5                 three year sell through provision
                                             Best Available Controls for Consumer                    years, and make these records available               mentioned earlier with regard to the
                                             Products, based on model rules adopted                  upon request.                                         AIM coating requirements. The rule also
                                             by the OTC in 2001 for AIM coatings,                       Additional updates to the                          allows an entity to apply for a variance
                                             and in 2006 for consumer products.                      Commonwealth’s previously SIP-                        that would postpone compliance upon a
                                             These OTC rules were, in turn, based on                 approved requirements for AIM coatings                successful showing of an economic
                                             requirements adopted and implemented                    include the following items:                          hardship due to the tightened limits
                                             by the California Air Resources Board                      1. The requirement at 7.25(4)                      within the rule. A manufacturer may
                                                                                                     regarding a prohibition against                       apply directly to the MassDEP for such
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                                             (CARB).
                                                                                                     specifying non-compliant AIM products                 an exemption, or alternatively, may
                                             i. AIM Coating Requirements                             for work to be done within                            request that an exemption awarded by
                                               The technical support document                        Massachusetts was moved to 7.25(11)                   CARB be used for compliance in
                                             (TSD) prepared for this action, which is                because it pertains to AIM coatings, and              Massachusetts. In the latter case, the
                                             available in the docket, contains tables                does not apply to consumer and                        CARB issued exemption must be shown
                                             that provide a comparison of the                        commercial products.                                  to be based on data that is valid in the


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                                             61104              Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations

                                             Commonwealth. In order for a variance                   number of products, and is based on                   indicates that adhesives that fall under
                                             to be granted, a source must meet a                     similar control measures that many                    these two categories will be regulated
                                             number of requirements including a                      California air districts, and other states            under the applicable category limits for
                                             demonstration that compliance would                     in the Northeast, have adopted. In                    adhesives applied to particular
                                             result in extraordinary economic                        particular, Massachusetts based its                   substrates. These limits have a
                                             hardship, and submittal of a compliance                 regulation on a 2006 OTC model rule,                  maximum VOC content of 250 grams/
                                             report indicating that the source will                  which in turn was based on earlier                    liter and are at least as stringent as the
                                             meet the rule’s requirements as                         requirements adopted in California, and               limits for motor vehicle adhesives and
                                             expeditiously as possible. Additionally,                on EPA’s 2008 document, ‘‘Control                     motor vehicle weather-strip adhesives
                                             the rule requires that any such request                 Techniques Guidelines for                             within EPA’s CTG.
                                             for a variance be subject to a public                   Miscellaneous Adhesives.’’ EPA                           The Commonwealth’s adhesives and
                                             hearing, and must also be approved by                   develops Control Technique Guidelines                 sealants rule also contains testing,
                                             EPA before becoming effective.                          (CTGs) to assist states with determining              labeling, and recordkeeping
                                                The Commonwealth initially chose to                  the appropriate level of control for                  requirements for entities subject to the
                                             not allow alternative compliance plans                  sources subject to RACT. Due to its                   rule. We are approving the
                                             (ACPs) within its regulation, but                       inclusion within the Ozone Transport                  Commonwealth’s adhesives and
                                             changed course and adopted provisions                   Region, the Commonwealth is required                  sealants regulation as meeting the
                                             allowing for them within amendments                     to ensure that RACT is applied to                     requirements of RACT as outlined
                                             made on March 6, 2009, in part due to                   industrial sources in the Massachusetts               within EPA’s 2008 CTG for this category
                                             comments from industry requesting this                  pursuant to section 184(b)(1)(B) of the               of VOC emitting products.
                                             flexibility. The provision allows                       CAA. In 2006, 2007, and 2008, EPA
                                                                                                     published final CTGs for a number of                  b. Minor Revisions to Existing
                                             manufacturers to average VOC
                                                                                                     VOC emitting activities, and                          Regulations
                                             emissions among products to meet
                                             overall VOC emission limits, and is                     Massachusetts’ adoption of this                       i. Changes to 310 CMR 7.18, VOC RACT
                                             used by other OTC states and by CARB                    regulation satisfies the Commonwealth’s
                                                                                                                                                              Massachusetts amended its existing
                                             within their consumer products rules.                   obligation to adopt regulations for this
                                                                                                     particular CTG.                                       VOC RACT regulation to clarify the
                                             After consulting with other states on                                                                         relationship between RACT, BACT, and
                                             their experience offering this flexibility,               Although Massachusetts’ existing
                                                                                                     Consumer Products regulation at 310                   LAER. Specifically, the Commonwealth
                                             the Commonwealth determined that it                                                                           clarified that an emission unit subject to
                                             was appropriate to allow this with its                  CMR 7.25(12) regulates ‘‘household’’
                                                                                                     adhesives and sealants, it exempts such               a BACT or LAER plan approval is not
                                             consumer products regulation. EPA                                                                             subject to RACT unless and until such
                                             commented that any such ACP would                       products sold in containers and
                                                                                                     volumes more than 16 fluid ounces or                  time as a RACT standard becomes more
                                             need to be approved into the                                                                                  stringent than the existing BACT or
                                             Massachusetts SIP, and within its                       weighing more than 1 pound. Many of
                                                                                                     these exempted items would be covered                 LAER standard to which the unit is
                                             response to comments, the                                                                                     subject. Regarding emission control
                                             Commonwealth committed to submit                        by the Commonwealth’s adhesives and
                                                                                                     sealants rule. The compliance date                    plans (ECPs), Massachusetts made
                                             any such ACP it receives to EPA for                                                                           changes to 310 CMR 7.18(20)(a) and (b)
                                             approval into the Massachusetts SIP.                    within the Commonwealth’s adhesives
                                                                                                     and sealants rule is January 1, 2015 with             to clarify which sources need such
                                                Our review of these amendments to                                                                          plans, and which sources are exempt.
                                             Massachusetts’ consumer products                        regard to a manufacturer of products
                                                                                                     sold in Massachusetts. Additionally, the                 ii. Changes to 310 CMR 7.19, NOX
                                             regulation finds that they act to                                                                             RACT
                                             strengthen them, meet federal                           compliance date is September 1, 2015,
                                                                                                     for any person who sells, supplies, or                   The Commonwealth’s NOx RACT
                                             requirements, and will help to further                                                                        regulation was amended similarly to the
                                             reduce VOC emissions, and we are                        offers for sale any covered product in
                                                                                                     Massachusetts, and May 1, 2016 for any                above mentioned amendment made to
                                             therefore approving them into the                                                                             the VOC RACT requirements with
                                                                                                     person who uses, applies, or solicits the
                                             Commonwealth’s SIP.                                                                                           regard to the relationship between
                                                                                                     use of covered products in
                                             b. Amendment to the Definition of VOC                   Massachusetts.                                        RACT, BACT, and LAER. The revised
                                                                                                       Table 4 of the TSD prepared for this                language appears within the paragraph
                                                The Commonwealth modified its
                                                                                                     action provides the VOC content limits                located at section 310 CMR 7.19(1)(c)(9).
                                             existing definition of VOC contained
                                                                                                     contained within the rule for the                     iii. Changes to Appendix B: Emissions
                                             within 310 CMR 7.00 by adding the
                                                                                                     covered product categories, which are
                                             compound HFE–7300 to the list of                                                                              Banking, Trading, and Averaging
                                                                                                     adhesives, sealants, adhesive primers,
                                             exempt compounds. This was done to                                                                              The July 10, 2014 submittal included
                                                                                                     and sealant primers, and Table 5 of the
                                             be consistent with a similar action taken                                                                     an edit to 310 CMR 7.00 Appendix B,
                                                                                                     TSD contains the VOC content limits for
                                             by EPA on January 18, 2007. See 72 FR                                                                         which EPA previously approved into
                                                                                                     adhesives applied to particular
                                             2193. EPA added HFE–7300 to the list                                                                          the Commonwealth’s SIP on August 8,
                                                                                                     substrates. The Massachusetts rule
                                             of compounds that are exempt from the                                                                         1996. See 61 FR 41335. The amendment
                                                                                                     contains VOC content limits that are
                                             definition of VOC due to its negligible                                                                       concerns paragraph (4)(b)(7) of
                                                                                                     equal to, or more stringent than, the
                                             photochemical reactivity. This change is                comparable limits within EPA’s CTG.                   Appendix B pertaining to bubbles
                                             consistent with EPA’s definition of VOC                 EPA’s CTG contains VOC content limits                 approved prior to May 25, 1988. A
                                             at 40 CFR 51.100(s), and we are                         for ‘‘motor vehicle adhesives’’ and                   bubble is a mechanism that allows the
                                             approving it into the Massachusetts SIP.                                                                      emission limits for two or more units to
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                                                                                                     ‘‘motor vehicle weather-strip
                                             2. July 10, 2014 Submittal                              adhesives,’’ two product categories not               be analyzed collectively for regulatory
                                                                                                     directly addressed in the                             purposes. The revision applies to
                                             a. Adhesives and Sealants Regulation                    Commonwealth’s rule. In its response to               facilities that were issued bubbles prior
                                               The Commonwealth’s adhesives and                      comments document prepared for the                    to May 25, 1988, that seek to modify the
                                             sealants regulation imposes VOC                         adhesives and sealants rulemaking,                    requirements of the bubble solely to
                                             content limits, or other controls, on a                 Massachusetts notes this difference and               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                       V. Incorporation by Reference                         Act of 1995 (15 U.S.C. 272 note) because
                                             clarifies the original intent of the                      In this rule, the EPA is finalizing                 application of those requirements would
                                             regulation that such facilities are not                 regulatory text that includes                         be inconsistent with the Clean Air Act;
                                             subject to the requirements of 310 CMR                  incorporation by reference. In                        and
                                             7.00: Appendix B(4).                                    accordance with requirements of 1 CFR                   • does not provide EPA with the
                                               We have reviewed the                                                                                        discretionary authority to address, as
                                                                                                     51.5, the EPA is finalizing the
                                             Commonwealth’s SIP submittals made                                                                            appropriate, disproportionate human
                                                                                                     incorporation by reference of the
                                             on July 10, 2014, and find that they are                                                                      health or environmental effects, using
                                                                                                     Massachusetts’ regulations described in
                                             consistent with the requirements of the                                                                       practicable and legally permissible
                                                                                                     the amendments to 40 CFR part 52 set
                                             Clean Air Act. We are, therefore,                                                                             methods, under Executive Order 12898
                                             approving them as revisions to the                      forth below. The EPA has made, and
                                                                                                     will continue to make, these documents                (59 FR 7629, February 16, 1994).
                                             Commonwealth’s SIP.
                                                                                                     generally available electronically                    In addition, the SIP is not approved to
                                             IV. Final Action                                        through www.regulations.gov and/or in                 apply on any Indian reservation land or
                                                We are approving revisions to the                    hard copy at the appropriate EPA office               in any other area where EPA or an
                                             Massachusetts SIP submitted on June 1,                  (see the ADDRESSES section of this                    Indian tribe has demonstrated that a
                                             2010, consisting of updates to an                       preamble for more information).                       tribe has jurisdiction. In those areas of
                                             existing regulation limiting VOC                        VI. Statutory and Executive Order                     Indian country, the rule does not have
                                             emissions from AIM coatings and                         Reviews                                               tribal implications and will not impose
                                             consumer products, and also a revised                                                                         substantial direct costs on tribal
                                             definition of VOC. We are also                             Under the Clean Air Act, the                       governments or preempt tribal law as
                                             approving SIP revisions submitted on                    Administrator is required to approve a                specified by Executive Order 13175 (65
                                             July 10, 2014, consisting of a new                      SIP submission that complies with the                 FR 67249, November 9, 2000).
                                             regulation that limits VOC emissions                    provisions of the Act and applicable
                                                                                                     Federal regulations. 42 U.S.C. 7410(k);                  The Congressional Review Act, 5
                                             from adhesives and sealants, several
                                                                                                     40 CFR 52.02(a). Thus, in reviewing SIP               U.S.C. 801 et seq., as added by the Small
                                             minor updates to the Commonwealth’s
                                                                                                     submissions, EPA’s role is to approve                 Business Regulatory Enforcement
                                             existing VOC and NOX RACT
                                                                                                     state choices, provided that they meet                Fairness Act of 1996, generally provides
                                             regulations, and a minor change to
                                                                                                     the criteria of the Clean Air Act.                    that before a rule may take effect, the
                                             Appendix B, Emissions Banking,
                                                                                                     Accordingly, this action merely                       agency promulgating the rule must
                                             Trading, and Averaging.
                                                The EPA is publishing this action                    approves state law as meeting Federal                 submit a rule report, which includes a
                                             without prior proposal because the                      requirements and does not impose                      copy of the rule, to each House of the
                                             Agency views this as a noncontroversial                 additional requirements beyond those                  Congress and to the Comptroller General
                                             amendment and anticipates no adverse                    imposed by state law. For that reason,                of the United States. EPA will submit a
                                             comments. However, in the proposed                      this action:                                          report containing this action and other
                                             rules section of this Federal Register                     • Is not a ‘‘significant regulatory                required information to the U.S. Senate,
                                             publication, EPA is publishing a                        action’’ subject to review by the Office              the U.S. House of Representatives, and
                                             separate document that will serve as the                of Management and Budget under                        the Comptroller General of the United
                                             proposal to approve the SIP revision                    Executive Orders 12866 (58 FR 51735,                  States prior to publication of the rule in
                                             should relevant adverse comments be                     October 4, 1993) and 13563 (76 FR 3821,               the Federal Register. A major rule
                                             filed. This rule will be effective                      January 21, 2011).                                    cannot take effect until 60 days after it
                                             December 8, 2015 without further notice                    • does not impose an information                   is published in the Federal Register.
                                             unless the Agency receives relevant                     collection burden under the provisions                This action is not a ‘‘major rule’’ as
                                             adverse comments by November 9,                         of the Paperwork Reduction Act (44                    defined by 5 U.S.C. 804(2).
                                             2015.                                                   U.S.C. 3501 et seq.);                                    Under section 307(b)(1) of the Clean
                                                If the EPA receives such comments,                      • is certified as not having a                     Air Act, petitions for judicial review of
                                             then EPA will publish a notice                          significant economic impact on a                      this action must be filed in the United
                                             withdrawing the final rule and                          substantial number of small entities                  States Court of Appeals for the
                                             informing the public that the rule will                 under the Regulatory Flexibility Act (5               appropriate circuit by December 8,
                                             not take effect. All public comments                    U.S.C. 601 et seq.);                                  2015. Filing a petition for
                                             received will then be addressed in a                       • does not contain any unfunded                    reconsideration by the Administrator of
                                             subsequent final rule based on the                      mandate or significantly or uniquely                  this final rule does not affect the finality
                                             proposed rule. The EPA will not                         affect small governments, as described                of this action for the purposes of judicial
                                             institute a second comment period on                    in the Unfunded Mandates Reform Act                   review nor does it extend the time
                                             the proposed rule. All parties interested               of 1995 (Pub. L. 104–4);                              within which a petition for judicial
                                             in commenting on the proposed rule                         • does not have Federalism                         review may be filed, and shall not
                                             should do so at this time. If no such                   implications as specified in Executive                postpone the effectiveness of such rule
                                             comments are received, the public is                    Order 13132 (64 FR 43255, August 10,                  or action. Parties with objections to this
                                             advised that this rule will be effective                1999);                                                direct final rule are encouraged to file a
                                             on December 8, 2015 and no further                         • is not an economically significant               comment in response to the parallel
                                             action will be taken on the proposed                    regulatory action based on health or                  notice of proposed rulemaking for this
                                             rule. Please note that if EPA receives                  safety risks subject to Executive Order               action published in the proposed rules
                                             adverse comment on an amendment,                                                                              section of today’s Federal Register,
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                                                                                                     13045 (62 FR 19885, April 23, 1997);
                                             paragraph, or section of this rule and if                  • is not a significant regulatory action           rather than file an immediate petition
                                             that provision may be severed from the                  subject to Executive Order 13211 (66 FR               for judicial review of this direct final
                                             remainder of the rule, EPA may adopt                    28355, May 22, 2001);                                 rule, so that EPA can withdraw this
                                             as final those provisions of the rule that                 • is not subject to requirements of                direct final rule and address the
                                             are not the subject of an adverse                       Section 12(d) of the National                         comment in the proposed rulemaking.
                                             comment.                                                Technology Transfer and Advancement                   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                                  Massachusetts Department of                            (E) Massachusetts Regulation 310
                                             requirements. (See section 307(b)(2).)                         Environmental Protection.                            CMR 7.25, ‘‘U Best Available Controls
                                                                                                               (i) Incorporation by reference.                   for Consumer and Commercial
                                             List of Subjects in 40 CFR Part 52                                (A) Massachusetts Regulation 310                  Products,’’ effective October 19, 2007.
                                               Environmental protection, Air                                CMR 7.00, ‘‘Statutory Authority;
                                             pollution control, Incorporation by                            Legend; Preamble; Definitions,’’ the                 ■ 3. In § 52.1167, Table 52.1167 is
                                             reference, Ozone, Reporting and                                definition for volatile organic                      amended by:
                                             recordkeeping requirements, Volatile                           compound, effective on March 6, 2009.                ■ a. Adding a new entry to the existing
                                             organic compounds.                                                (B) Massachusetts Regulation 310                  state citations for 310 CMR 7.00;
                                               Dated: July 22, 2015.                                        CMR 7.00, Appendix B, ‘‘U Emissions                  ■ b. Adding a new entry for 310 CMR

                                             H. Curtis Spalding,
                                                                                                            Banking, Trading, and Averaging,’’                   7.00 Appendix B in alphanumerical
                                                                                                            section (4), ‘‘Emissions Averaging                   order;
                                             Regional Administrator, EPA New England.
                                                                                                            (Bubble),’’ paragraph (b)7, effective                ■ c. Adding a new entry for 310 CMR
                                               Part 52 of chapter I, title 40 of the                        August 30, 2013.                                     7.18(1)(d) and (f) in alphanumerical
                                             Code of Federal Regulations is amended                            (C) Massachusetts Regulation 310                  order;
                                             as follows:                                                    CMR 7.18, ‘‘U Volatile and Halogenated
                                                                                                                                                                 ■ d. Adding a new entry for 310 CMR
                                                                                                            Organic Compounds,’’ section (1), ‘‘U
                                             PART 52—[AMENDED]                                                                                                   7.18(2)(b), (e), and (f) in alphanumerical
                                                                                                            Applicability and Handling
                                                                                                                                                                 order;
                                                                                                            Requirements,’’ paragraphs (d) and (f);
                                             ■ 1. The authority citation for part 52                                                                             ■ e. Adding a new entry for 310 CMR
                                                                                                            section (2), ‘‘U Compliance with
                                             continues to read as follows:                                                                                       7.18(20)(a) and (b) in alphanumerical
                                                                                                            Emission Limitations,’’ paragraphs (b),
                                                 Authority: 42 U.S.C. 7401 et seq.                          (e), and (f); section (20), ‘‘Emission               order;
                                                                                                            Control Plans for Implementation of                  ■ f. Adding a new entry for 310 CMR
                                             Subpart W—Massachusetts                                        Reasonably Available Control                         7.18(30) in alphanumerical order;
                                             ■ 2. Section 52.1120 is amended by                             Technology,’’ paragraph (a); and section             ■ g. Adding a new entry for 310 CMR
                                             adding paragraph (c)(142) to read as                           (30), ‘‘Adhesives and Sealants;’’                    7.19(1)(c)(9) in alphanumerical order;
                                             follows:                                                       effective August 30, 2013.                           and
                                                                                                               (D) Massachusetts Regulation 310                  ■ h. Adding a new entry to the existing
                                             § 52.1120     Identification of plan.                          CMR 7.19, ‘‘U Reasonably Available                   state citations for 310 CMR 7.25.
                                             *     *    *    *      *                                       Control Technology (RACT) for Sources
                                               (c) * * *                                                    of Oxides of Nitrogen (NOX),’’ section               § 52.1167 EPA-approved Massachusetts
                                               (142) Revisions to the State                                 (1), ‘‘Applicability,’’ paragraph (c)9,              State regulations.
                                             Implementation Plan submitted by the                           effective August 30, 2013.                           *        *     *      *      *

                                                                                             TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS
                                                                                                                      [See Notes at end of Table]

                                                                                                  Date           Date approved          Federal Register                                Comments/unapproved
                                                 State citation          Title/subject          submitted                                                         52.1120(c)
                                                                                                                    by EPA                  citation                                         sections
                                                                                                 by State


                                                    *                             *                          *                        *                   *                         *                     *
                                             310 CMR 7.00            Definitions .......               6/1/10           10/9/15     [Insert Federal Reg-                      142   Approved update to definition
                                                                                                                                        ister page number                             for volatile organic com-
                                                                                                                                        where the document                            pound.
                                                                                                                                        begins].

                                                     *                            *                          *                        *                   *                         *                   *
                                             310 CMR 7.00            U    Emissions                   7/10/14           10/9/15     [Insert Federal Reg-                      142   Approved amended language
                                               Appendix B.               Banking,                                                       ister page number                             regarding emissions aver-
                                                                         Trading, and                                                   where the document                            aging bubbles.
                                                                         Averaging..                                                    begins].

                                                       *                          *                          *                        *                   *                         *                     *
                                             310 CMR                 U    Applicability               7/10/14           10/9/15     [Insert Federal Reg-                      142   Revisions made to clarify ap-
                                               7.18(1)(d)                and Handling                                                   ister page number                             plicability requirements.
                                               and (f)..                 Require-                                                       where the document
                                                                         ments.                                                         begins].

                                                         *                         *                         *                        *                   *                         *                      *
                                             310 CMR                 U     Compliance                 7/10/14           10/9/15     [Insert Federal Reg-                      142   Revisions made clarifying eligi-
                                               7.18(2)(b),               with Emis-                                                     ister page number                             bility for bubbling coating
                                               (e), (f)..                sion Limita-                                                   where the document                            lines together for compliance
                                                                         tions.                                                         begins].                                      purposes.
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                                                      *                         *                            *                        *                   *                         *                       *
                                             310 CMR                 Emission Con-                    7/10/14           10/9/15     [Insert Federal Reg-                      142   Clarification of entities required
                                               7.18(20)(a),           trol Plans for                                                    ister page number                             to submit emission control
                                               (b).                   Implementa-                                                       where the document                            plans.
                                                                      tion of RACT.                                                     begins].




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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]

                                                                                               Date           Date approved              Federal Register                               Comments/unapproved
                                               State citation         Title/subject          submitted                                                             52.1120(c)
                                                                                                                 by EPA                      citation                                        sections
                                                                                              by State

                                                      *                        *                          *                        *                   *                            *                    *
                                             310 CMR               Adhesives and                   7/10/14           10/9/15     [Insert Federal Reg-                       142     Regulation limiting emissions
                                               7.18(30).             Sealants.                                                       ister page number                                from adhesives and
                                                                                                                                     where the document                               sealants.
                                                                                                                                     begins].

                                                      *                    *                              *                        *                   *                            *                  *
                                             310 CMR               NOx RACT .....                  7/10/14           10/9/15     [Insert Federal Reg-                       142     Update made to section 1, ap-
                                               7.19(1)(c)(9).                                                                        ister page number                                plicability.
                                                                                                                                     where the document
                                                                                                                                     begins].

                                                    *                          *                          *                        *                   *                            *                    *
                                             310 CMR 7.25          Best Available                   6/1/10           10/9/15     [Insert Federal Reg-                       142     Amended existing consumer
                                                                     Controls for                                                    ister page number                                products related require-
                                                                     Consumer                                                        where the document                               ments, added provisions
                                                                     and Com-                                                        begins].                                         concerning AIM coatings.
                                                                     mercial Prod-
                                                                     ucts.

                                                       *                         *                        *                          *                       *                      *                   *
                                               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 be-
                                             fore 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]                 NAAQS promulgated by EPA, which is                       Branch, Air, Pesticides and Toxics
                                             BILLING CODE 6560–50–P                                      commonly referred to as an                               Management Division, U.S.
                                                                                                         ‘‘infrastructure’’ SIP. KY DAQ certified                 Environmental Protection Agency,
                                                                                                         that the Kentucky SIP contains                           Region 4, 61 Forsyth Street SW.,
                                             ENVIRONMENTAL PROTECTION                                    provisions that ensure the 2008 Lead                     Atlanta, Georgia 30303–8960. EPA
                                             AGENCY                                                      NAAQS is implemented, enforced, and                      requests that if at all possible, you
                                                                                                         maintained in Kentucky. With the                         contact the person listed in the FOR
                                             40 CFR Part 52                                              exception of provisions pertaining to                    FURTHER INFORMATION CONTACT section to
                                             [EPA–R04–OAR–2014–0443 FRL–9935–19–                         prevention of significant deterioration                  schedule your inspection. The Regional
                                             Region 4]                                                   (PSD) permitting which EPA has already                   Office’s official hours of business are
                                                                                                         approved, EPA is taking final action to                  Monday through Friday, 8:30 a.m. to
                                             Approval and Promulgation of                                approve Kentucky’s infrastructure                        4:30 p.m., excluding Federal holidays.
                                             Implementation Plans; Kentucky                              submission, provided to EPA on July 17,                  FOR FURTHER INFORMATION CONTACT: Zuri
                                             Infrastructure Requirements for the                         2012, as satisfying the required                         Farngalo, Air Regulatory Management
                                             2008 Lead NAAQS                                             infrastructure elements for the 2008                     Section, Air Planning and
                                                                                                         Lead NAAQS.                                              Implementation Branch, Air, Pesticides
                                             AGENCY:  Environmental Protection
                                             Agency (EPA).                                               DATES: This rule is effective November                   and Toxics Management Division, U.S.
                                                                                                         9, 2015.                                                 Environmental Protection Agency,
                                             ACTION: Final rule.
                                                                                                         ADDRESSES: EPA has established a                         Region 4, 61 Forsyth Street SW.,
                                             SUMMARY:   The Environmental Protection                     docket for this action under Docket                      Atlanta, Georgia 30303–8960. Mr.
                                             Agency (EPA) is taking final action to                      Identification No. EPA–R04–OAR–                          Farngalo can be reached by phone at
                                             approve portions of the July 17, 2012,                      2014–0443. All documents in the docket                   (404) 562–9152 or via electronic mail at
                                             State Implementation Plan (SIP)                             are listed on the www.regulations.gov                    farngalo.zuri@epa.gov.
                                             submission, provided by the                                 Web site. Although listed in the index,                  SUPPLEMENTARY INFORMATION:
                                             Commonwealth of Kentucky, Energy                            some information is not publicly
                                             and Environment Cabinet, Department                         available, i.e., Confidential Business                   I. Background
                                             for Environmental Protection, through                       Information or other information whose                      Upon promulgation of a new or
                                             the Kentucky Division for Air Quality                       disclosure is restricted by statute.                     revised NAAQS, sections 110(a)(1) and
                                             (KY DAQ) for inclusion into the                             Certain other material, such as                          (2) of the CAA require states to address
                                             Kentucky SIP. This final submission                         copyrighted material, is not placed on                   basic SIP requirements, including
                                             pertains to the Clean Air Act (CAA or                       the Internet and will be publicly
rmajette on DSK7SPTVN1PROD with RULES




                                                                                                                                                                  emissions inventories, monitoring, and
                                             the Act) infrastructure requirements for                    available only in hard copy form.                        modeling to assure attainment and
                                             the 2008 Lead national ambient air                          Publicly available docket materials are                  maintenance for that new NAAQS.
                                             quality standards (NAAQS). The CAA                          available either electronically through                  Section 110(a) of the CAA generally
                                             requires that each state adopt and                          www.regulations.gov or in hard copy at                   requires states to make a SIP submission
                                             submit a SIP for the implementation,                        the Air Regulatory Management Section,                   to meet applicable requirements in
                                             maintenance, and enforcement of each                        Air Planning and Implementation                          order to provide for the implementation,


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Document Created: 2015-12-15 08:33:55
Document Modified: 2015-12-15 08:33:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactBob 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 [email protected]
FR Citation80 FR 61101 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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