[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Rules and Regulations]
[Pages 61384-61388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21194]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R01-OAR-2005-CT-0002; A-1-FRL-7967-2]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; VOC RACT Orders for Hitchcock Chair Co., Ltd.; Kimberly
Clark Corp.; Watson Laboratories, Inc.; and Ross & Roberts, Inc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the State of Connecticut. These revisions incorporate
volatile organic compound (VOC) reasonably available control technology
(RACT) state consent orders into the Connecticut SIP for four
facilities: Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.; Watson
Laboratories, Inc.; and Ross & Roberts, Inc. This action will have a
beneficial effect on air quality by reducing VOC emissions which
contribute to ground-level ozone formation. EPA is taking this action
in accordance with the Clean Air Act (CAA).
DATES: This direct final rule will be effective December 23, 2005,
unless EPA receives adverse comments by November 23, 2005. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R01-OAR-2005-CT-0002 by one of the following
methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/ Regional Material
in EDocket (RME), EPA's electronic public docket and comment system, is
EPA's preferred method for receiving comments. Once in the system,
select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-
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line instructions for submitting comments.
3. E-mail: [email protected].
4. Fax: (617) 918-0661.
5. Mail: ``RME ID Number R01-OAR-2005-CT-0002,'' David Conroy,
Chief, Air Programs Branch, U.S. Environmental Protection Agency, EPA
New England Regional Office, One Congress Street, Suite 1100 (mail code
CAQ), Boston, MA 02114-2023.
6. Hand Delivery or Courier. Deliver your comments to: David
Conroy, Chief, Air Programs Branch, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Regional Material in EDocket
(RME) ID Number R01-OAR-2005-CT-0002. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at http://docket.epa.gov/rmepub/, including
any personal information provided, unless the comment includes
information claimed to be Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. Do not
submit through Regional Material in EDocket (RME), regulations.gov, or
e-mail, information that you consider to be CBI or otherwise protected.
The EPA RME Web site and the federal regulations.gov Web site are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in RME or in hard copy at the Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, Suite 1100, Boston, MA.
EPA requests that if at all possible, you contact the contact listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023,
telephone number (617) 918-1684, fax number (617) 918-0684, e-mail
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
In addition to the publicly available docket materials available
for inspection electronically in Regional Material in EDocket, and the
hard copy available at the Regional Office, which are identified in the
ADDRESSES section above, copies of the state submittal and EPA's
technical support document are also available for public inspection
during normal business hours, by appointment at the State Air Agency.
[The Bureau of Air Management, Department of Environmental Protection,
State Office Building, 79 Elm Street, Hartford, CT 06106-1630.]
II. Rulemaking Information
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
A. What action is EPA taking?
B. What are the requirements in the Connecticut orders?
C. Why is EPA approving Connecticut's submittals?
D. What is the process for approving these SIP revisions?
A. What action is EPA taking?
EPA is approving VOC RACT state consent orders issued to the
following facilities and incorporating these orders into the
Connecticut SIP: Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.;
Watson Laboratories, Inc. (formerly Danbury Pharmacal); and Ross &
Roberts, Inc.
B. What are the requirements in the Connecticut orders?
Consent Order 8229A for the Hitchcock Chair Company requires the
wood-furniture manufacturing facility to meet VOC emission limits, work
practice standards, and recordkeeping and reporting requirements. The
requirements of the order are consistent with EPA's Control Techniques
Guideline (CTG) for wood furniture manufacturers.\1\ Specifically, the
order contains VOC content limits for topcoats and sealers and for
spray-booth cleaning. Work practice standards include requirements to
develop a written leak inspection and maintenance plan and to conduct
training for facility personnel. In addition, the requirements prohibit
use of conventional air-spray guns except under specified limited
conditions. Recordkeeping and reporting requirements include
requirements to maintain records of VOC content and viscosity of
topcoats and sealers and of solvent additions, and to submit semiannual
compliance reports and compliance certifications to DEP.
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\1\ ``Control of Volatile Organic Compound Emissions from Wood
Furniture Manufacturing Operations,'' EPA-453/R-96-007, April 1996.
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Consent Order 8190 for the Kimberly Clark Corporation requires the
tissue and healthcare-products manufacturing facility to meet VOC
emission limits, monitoring requirements, and recordkeeping and
reporting requirements. Specifically, the order contains VOC emissions
limits for the tissue-manufacturing machines and the wastewater-
treatment process. The facility is required to continue to research and
test low VOC-content additives for its manufacturing process, and to
submit a biennial report to DEP that summarizes research activities and
evaluates the feasibility of switching to lower VOC content additives.
In addition, Kimberly Clark must submit annual compliance reports and
compliance certifications to DEP.
Consent Order 8200 for Watson Laboratories, Inc., requires the
pharmaceutical company to meet VOC emission limits, monitoring
requirements, and recordkeeping and reporting requirements.
Specifically, the
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facility has reformulated some of its coatings and the order requires
the facility to continue to use non-VOC coatings and materials when
manufacturing several specified products. The order also contains
monthly and annual VOC emissions caps and prohibits the facility from
using methylene chloride and methanol in the existing process equipment
and cleaning of this equipment. Also, the company is required to
continue to research the availability of U.S. Food and Drug
Administration (FDA) approved non-VOC coatings and materials for any
new product produced at the facility. In addition, the facility must
maintain records that include a list of coatings and materials used to
manufacture specified products, and the amount and method of usage of
methylene chloride and methanol. Watson Laboratories must submit annual
compliance reports and compliance certifications to DEP.
Consent Order 8237 for Ross & Roberts, Inc. requires the vinyl-
sheet products manufacturing business to meet VOC emission limits,
monitoring requirements, and recordkeeping and reporting requirements.
Specifically, the order includes a limit on the average monthly VOC
emissions generated from the facility's calendar lines. Also, the
facility is required to continue to use its fiberbed emission control
(FEC) system (or DEP- and EPA-approved replacement system) to limit VOC
emissions from the calender lines, and to monitor the performance of
the FEC system (or its replacement). The facility also must conduct
emissions testing, and submit testing results to DEP. In addition, the
facility must maintain records that include the weight of material
produced in the calender lines, results of VOC emission testing, FEC
system performance, and operating time for the calendar equipment and
capture and control devices. Watson Labs must submit annual compliance
reports and compliance certifications to DEP.
C. Why is EPA approving Connecticut's submittals?
EPA has evaluated the orders issued to Hitchcock Chair Co., Ltd.;
Kimberly Clark Corp.; Watson Laboratories, Inc.; and Ross & Roberts,
Inc., and has found that they are generally consistent with EPA
guidance and impose VOC RACT at these facilities. Therefore, EPA is
approving these orders as VOC RACT.
The specific requirements of these orders and EPA's evaluation of
these requirements are detailed in a memorandum entitled ``Technical
Support Document--Connecticut--VOC RACT Orders'' (TSD). The TSD and
Connecticut's orders are available in the docket supporting this
action.
Previously, Connecticut submitted to EPA Section 22a-174-32
``Reasonably Available Control Technology (RACT) for volatile organic
compounds.'' EPA issued an approval of this rule on October 19, 2000
(65 FR 62620). EPA's approval noted that Connecticut must define
explicitly, and have approved by EPA, RACT for all those sources
complying with Section 22a-174-32 through options (C) and (D) of the
rule. Therefore, the DEP subsequently submitted SIP revisions to EPA
for Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.; Watson
Laboratories, Inc.; and Ross & Roberts, Inc.
D. What is the process for approving these SIP revisions?
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
December 23, 2005, without further notice unless the Agency receives
relevant adverse comments by November 23, 2005.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. Only parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on December 23, 2005 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
III. Final Action
EPA is approving VOC RACT orders issued to the following facilities
and incorporating these orders into the Connecticut SIP: Hitchcock
Chair Co., Ltd.; Kimberly Clark Corp.; Watson Laboratories, Inc.
(formerly Danbury Pharmacal); and Ross & Roberts, Inc.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely approves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus
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standards (VCS), EPA has no authority to disapprove a SIP submission
for failure to use VCS. It would thus be inconsistent with applicable
law for EPA, when it reviews a SIP submission, to use VCS in place of a
SIP submission that otherwise satisfies the provisions of the Clean Air
Act. Thus, the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 23, 2005. Interested
parties should comment in response to the proposed rule rather than
petition for judicial review, unless the objection arises after the
comment period allowed for in the proposal. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.
Dated: August 11, 2005.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart H--Connecticut
0
2. Section 52.370 is amended by adding paragraph (c)(96) to read as
follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(96) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on April 30, 2002,
and October 17, 2002.
(i) Incorporation by reference.
(A) Consent Order No. 8229A issued by the Connecticut Department of
Environmental Protection to Hitchcock Chair Company, Ltd., on April 15,
2002.
(B) Consent Order No. 8190 issued by the Connecticut Department of
Environmental Protection to Kimberly Clark Corporation on April 23,
2002.
(C) Consent Order No. 8200 issued by the Connecticut Department of
Environmental Protection to Watson Laboratories, Inc., on October 3,
2002.
(D) Consent Order No. 8237 issued by the Connecticut Department of
Environmental Protection to Ross & Roberts, Inc., on October 4, 2002.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
0
3. In Sec. 52.385, Table 52.385 is amended by adding new entries to
existing state citation 22a-174-32 to read as follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
Table 52.385.--EPA-Approved Regulations
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Dates
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Connecticut State citation Title/subject Date Date Federal Register Section Comments/description
adopted by approved by citation 52.370
State EPA
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* * * * * * *
22a-174-32..................... Reasonably 4/15/02 10/24/05 [Insert FR (c)(96) VOC RACT for Hitchcock Chair.
available citation from
control published date].
technology for
volatile organic
compounds.
22a-174-32..................... Reasonably 4/23/01 10/24/05 [Insert FR (c)(96) VOC RACT for Kimberly Clark.
available citation from
control published date].
technology for
volatile organic
compounds.
22a-174-32..................... Reasonably 10/03/02 10/24/05 [Insert FR (c)(96) VOC RACT for Watson Laboratories.
available citation from
control published date].
technology for
volatile organic
compounds.
22a-174-32..................... Reasonably 10/04/02 10/24/05 [Insert FR (c)(96) VOC RACT for Ross & Roberts.
available citation from
control published date].
technology for
volatile organic
compounds.
* * * * * * *
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[FR Doc. 05-21194 Filed 10-21-05; 8:45 am]
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