[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3827-3832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2248]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70

[AD-FRL-5405-5]


Clean Air Act Interim Approval of Operating Permits Program; 
Delegation of Section 112 Standards; Commonwealth of Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is promulgating interim approval of the Operating 
Permits Program submitted by the Commonwealth of Massachusetts for the 
purpose of complying with Federal requirements for an approvable State 
program to issue operating permits to all major stationary sources, and 
to certain other sources. EPA is also approving the Commonwealth's 
authority to implement hazardous air pollutant requirements.

DATES: This action is effective April 2, 1996 unless notice is received 
by March 4, 1996 that adverse or critical comments will be submitted. 
If the effective date is delayed, timely notice will be published in 
the Federal Register.

ADDRESSES: Comments should be addressed to Ida E. Gagnon, Air Permits, 
APO, U.S. Environmental Protection Agency, Region I, JFK Federal 
Building, Boston, MA 02203-2211.
    Copies of the State's submittal and other supporting information 
relevant to this action are available for inspection during normal 
business hours at the following location: U.S. Environmental Protection 
Agency, Region 1, One Congress Street, 10th floor, Boston, MA 02203.

FOR FURTHER INFORMATION CONTACT: Ida E. Gagnon, Air Permits, APO, U.S. 
Environmental Protection Agency, Region 1, JFK Federal Building, 
Boston, MA 02203-2211, (617) 565-3500.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

    As required under title V of the 1990 Clean Air Act Amendments 
(sections 501-507 of the Clean Air Act (``the Act'')), EPA has 
promulgated rules which define the minimum elements of an approvable 
State operating permits program and the corresponding standards and 
procedures by which the EPA will approve, oversee, and withdraw 
approval of State operating permits programs (see 57 FR 32250 (July 21, 
1992)). These rules are codified at 40 Code of Federal Regulations 
(CFR) Part 70. Title V requires States to develop, and submit to EPA, 
programs for issuing these operating permits to all major stationary 
sources and to certain other sources.
    The Act requires that States develop and submit these programs to 
EPA by November 15, 1993, and that EPA act to approve or disapprove 
each program within 1 year after receiving the submittal. The EPA's 
program review occurs pursuant to section 502 of the Act and the part 
70 regulations, which together outline criteria for approval or 
disapproval. Where a program substantially, but not fully, meets the 
requirements of Part 70, EPA may grant the program interim approval for 
a period of up to 2 years. If EPA has not fully approved a program by 2 
years after the November 15, 1993 date, or by the end of an interim 
program, it must establish and implement a Federal program. EPA is 
publishing this action without prior proposal because the Agency views 
this as a noncontroversial program and anticipates no adverse comments. 
However, in a separate document in the Federal Register publication, 
EPA is proposing interim approval of the Operating Permit Program 
submitted by the Commonwealth of Massachusetts should adverse or 
critical comments be filed. This action will be effective April 2, 1996 
unless adverse or critical comments are received by March 4, 1996.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by simultaneously publishing a subsequent document 
that will withdraw the final action. All public comments received will 
then be addressed in a subsequent final rule based on this action 
serving as a proposed rule. The EPA will not institute a second comment 
period on this action. Any parties interested in commenting on this 
action should do so at this time. If no such comments are received, the 
public is advised that this action will be effective on April 2, 1996.

B. Federal Oversight and Sanctions

    When EPA promulgates this interim approval, it will extend for two 
years following the effective date, and cannot be renewed. During the 
interim approval period, the Commonwealth of Massachusetts is protected 
from sanctions, and EPA is not obligated to promulgate, administer and 
enforce a Federal permits program for the Commonwealth of 
Massachusetts. Permits issued under a program with interim approval 
have full standing with respect to part 70, and the 1-year time period 
for submittal of permit applications by subject sources specified in 
section 503(c) of the Act begins upon the effective date of interim 
approval, as does the 3-year time period for processing the initial 
permit applications.1

    \1\ Note that states may require applications to be submitted 
earlier than required under section 503(c). See 310 CMR Appendix 
C(4)(a).
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    Following final interim approval, if the Commonwealth of 
Massachusetts fails to submit a complete corrective program for full 
approval by the date 6 months before expiration of the interim 
approval, EPA will start an 18-month clock for mandatory sanctions. If 
the Commonwealth of Massachusetts then fails to submit a corrective 
program that EPA finds complete before the expiration of that 18-month 
period, EPA will be required to apply one of the sanctions in section 
179(b) of the Act, which will remain in effect until EPA determines 
that the Commonwealth of 

[[Page 3828]]
Massachusetts has corrected the deficiency by submitting a complete 
corrective program. If, six months after application of the first 
sanction, the Commonwealth of Massachusetts still has not submitted a 
corrective program that EPA finds complete, a second sanction will be 
required.
    If, following final interim approval, EPA disapproves the 
Commonwealth of Massachusetts' complete corrective program, EPA will be 
required to apply one of the section 179(b) sanctions on the date 18 
months after the effective date of the disapproval, unless prior to 
that date the Commonwealth of Massachusetts has submitted a revised 
program and EPA has determined that it corrected the deficiencies that 
prompted the disapproval. If, six months after EPA applies the first 
sanction, the Commonwealth of Massachusetts has not submitted a revised 
program that EPA has determined corrected the deficiencies that 
prompted disapproval, a second sanction will be required.
    In addition, discretionary sanctions may be applied where warranted 
any time after the end of an interim approval period if the 
Commonwealth of Massachusetts has not timely submitted a complete 
corrective program or EPA has disapproved a submitted corrective 
program. Moreover, if EPA has not granted full approval to a 
Commonwealth of Massachusetts program by the expiration of an interim 
approval and that expiration occurs after November 15, 1995, EPA must 
promulgate, administer and enforce a Federal permits program for the 
Commonwealth of Massachusetts upon interim approval expiration.

II. Action and Implications

A. Analysis of State Submission

1. Support Materials
    The Acting Commissioner of the Commonwealth of Massachusetts 
(Designee of the Governor) submitted an administratively complete title 
V Operating Permits Program (PROGRAM) on April 28, 1995. EPA deemed the 
PROGRAM administratively complete in a letter to the Commissioner dated 
on June 26, 1995. The PROGRAM submittal includes a description of how 
the Commonwealth intends to implement the PROGRAM and legal opinions 
from the Attorney General of Massachusetts stating that the laws of the 
Commonwealth provide adequate authority to carry out the PROGRAM. The 
submittal additionally contains evidence of proper adoption of the 
PROGRAM regulations, permit application forms, a data management system 
and a fee adequacy demonstration.
2. Regulations and Program Implementation
    The Commonwealth of Massachusetts has submitted 310 CMR 7.00 
Appendix C entitled ``Operating Permit Program'' for implementing the 
State part 70 program as required by 40 CFR 70.4(b)(2). Sufficient 
evidence of procedurally correct adoption is included in part b of the 
submittal.
    The Massachusetts operating permits regulations follow part 70 very 
closely. The following requirements, set out in EPA's part 70 operating 
permits program review are addressed in Part B of the Commonwealth's 
submittal.
    The Massachusetts PROGRAM, including the operating permit 
regulations, substantially meets the requirements of 40 CFR 70.2 and 
70.3 with respect to applicability; Secs. 70.4, 70.5 and 70.6 with 
respect to permit content and operational flexibility; Sec. 70.5 with 
respect to complete application forms and criteria which define 
insignificant activities; Secs. 70.7 and 70.8 with respect to public 
participation, minor permit modifications, and review by affected 
states and EPA; and Sec. 70.11 with respect to requirements for 
enforcement authority.
    Part 70 of the operating permits regulation requires prompt 
reporting of deviations from the permit requirements. Section 
70.6(a)(3)(iii)(B) requires the permitting authority to define prompt 
in relation to the degree and type of deviation likely to occur and the 
applicable requirements. The Commonwealth of Massachusetts has not 
defined ``prompt'' in its program with respect to reporting of 
deviations. Although the permit program regulations should define 
prompt for purposes of administrative efficiency and clarity, an 
acceptable alternative is to define prompt in each individual permit. 
The EPA believes that prompt should generally be defined as requiring 
reporting within two to ten days of the deviation. Two to ten days is 
sufficient time in most cases to protect public health and safety as 
well as to provide a forewarning of potential problems. For sources 
with a low level of excess emissions, a longer time period may be 
acceptable. However, prompt reporting must be more frequent than the 
semiannual reporting requirement, given this is a distinct reporting 
obligation under Sec. 70.6(a)(3)(iii)(A). Where ``prompt'' is defined 
in the individual permit but not in the program regulations, EPA may 
veto permits that do not contain sufficiently prompt reporting of 
deviations.
    EPA is granting interim approval for the Massachusetts program 
rather than full approval. Pursuant to section 502(g) of the Act, 
Massachusetts would be authorized to implement the interim program for 
a period of two years following EPA's final interim approval of the 
program. There are four technical mistakes in the PROGRAM regulation 
that could confuse the regulated community concerning DEP's intent in 
implementing the PROGRAM. When Massachusetts makes the following 
changes EPA will grant the PROGRAM full approval:
    1. In Appendix C(8)(b)4., the program regulation extends the permit 
shield to all administrative amendments, including those that receive 
no public or EPA review. EPA's rule extends the permit shield only to 
those administrative amendments that have previously been reviewed in 
an ``enhanced'' new source review program with requirements 
substantially equivalent to the significant permit modification 
process. 40 CFR 70.7(d)(4). The permit shield should not extend to all 
administrative amendments. This is a technical error in the PROGRAM 
regulation and DEP has agreed to delete this section of their 
regulations.
    2. In Appendix C(7)(b)3.e., the program regulation provides that a 
notice of an operational flexibility change made pursuant to an intra-
facility emissions trading plan may include notice of ``[a]ny permit 
term or condition that is no longer applicable as a result of the 
change.'' Changes made pursuant to an intra-facility emissions trading 
plan must be provided for in the permit, and such plans provide no 
authority to render permit conditions inapplicable through a simple 
notice. 40 CFR 70.4(b)(12)(iii)(A). The DEP agrees with this 
interpretation. It does not intend during the interim program to allow 
sources to violate conditions of the permit using a notice under a 
trading plan. Therefore, DEP has agreed to remove this section of their 
regulation.
    3. In Appendix C(4)(a)5., the program regulation requires ``new 
construction'' to apply for an operating permit within one year of 
commencing operation, but it does not clearly cover sources that become 
major without any new construction, for example by relaxing an 
emissions cap in a restricted emission status (RES) plan approval. EPA 
and DEP agree that such sources are subject to the program, and that it 
is the intent of DEP's regulations to require such facilities to apply 
within a year of becoming major sources during the 

[[Page 3829]]
interim program. DEP has agreed to revise this provision to clarify the 
intent of this requirement.
    4. In Appendix C(8)(a)2.b., the program regulation prohibits any 
relaxation of monitoring, reporting, or recordkeeping from qualifying 
as a minor permit modification. Additionally, in Appendix C(8)(a)3.c., 
the program regulation requires any significant change to such permit 
terms to be processed as a significant permit modification. EPA's rule 
prohibits all significant changes to monitoring, reporting, or 
recordkeeping, whether or not they are characterized as a relaxation, 
from being processed as a minor permit modification, because it is 
often impossible to tell in advance whether a proposed significant 
monitoring change is in fact a relaxation. 40 CFR 70.7(e)(2)(i)(2). DEP 
interprets the requirement in its significant permit modification 
procedures to be paramount and to require any significant change to 
monitoring, etc., to be handled as a significant permit modification, 
consistent with EPA's permit modification procedures. DEP has agreed to 
revise the operating permit regulations to clarify this matter.
    The complete program submittal and the Technical Support Document 
(TSD) dated November 6, 1995 entitled ``Technical Support Document--
Massachusetts Operating Permits Program'' are available in the docket 
for review. The TSD includes a detailed analysis, including a program 
checklist, of how the Commonwealth's program and regulations compare 
with EPA's requirements and regulations. The TSD also includes several 
important representations from DEP concerning its interpretation of the 
intent of their program regulations, on which EPA is relying in finding 
the Commonwealth's program substantially equivalent to federal 
requirements.
3. Permit Fee Demonstration
    Section 502(b)(3) of the Act requires that each permitting 
authority collect fees sufficient to cover all reasonable direct and 
indirect costs required to develop and administer its title V operating 
permit program. Each title V program submittal must contain either a 
detailed demonstration of fee adequacy or a demonstration that the fees 
collected exceed $25 per ton of actual emissions per year, adjusted 
from the August, 1989 consumer price index. The $25 per ton was 
presumed by Congress to cover all reasonable direct and indirect costs 
to an operating permit program. This minimum amount is referred to as 
the ``presumptive minimum.''
    Massachusetts has opted to make a presumptive minimum fee 
demonstration. In the fee regulation, the Commonwealth proposes a fee-
for-service methodology for calculating the operating permit program 
fees for the first four years of the program. This fee is equivalent to 
at least the part 70 presumptive minimum fee of $25 per ton of 
regulated air pollutants, adjusted per the consumer price index (CPI). 
This rate is based on emissions of regulated pollutants excluding 
carbon monoxide (CO) capped at 4000 tons per year per pollutant. Using 
Massachusetts' fee-for-service approach, the Commonwealth will collect 
from $33.84 to $34.50 per ton annually via application and compliance 
assurance fees. Massachusetts' average rate is above the presumptive 
minimum adjusted by the CPI.
    Therefore, Massachusetts has demonstrated that the state is 
collecting sufficient permit fees to meet EPA's presumptive minimum 
criteria. For more information, see part G of Massachusetts' title V 
program.
4. Provisions Implementing the Requirements of Other Titles of the Act
    a. Authority and/or Commitments for Section 112 Implementation. 
Massachusetts has demonstrated in its title V program submittal 
adequate legal authority to implement and enforce all section 112 
requirements for hazardous air pollutants through the title V permit. 
This legal authority is contained in Massachusetts' enabling 
legislation and in regulatory provisions defining ``applicable 
requirements'' and stating that the permit must incorporate all 
applicable requirements. EPA has determined that this legal authority 
is sufficient to allow Massachusetts to issue permits that assure 
compliance with all section 112 requirements.
    Therefore, EPA will consider that the State of Massachusetts' legal 
authority is sufficient to allow the State to issue permits that assure 
compliance with all section 112 requirements, and to carry out all 
section 112 activities. For further rationale on this interpretation, 
please refer to the Technical Support Document referenced above and the 
April 13, 1993 guidance memorandum titled ``Title V Program Approval 
Criteria for Section 112 Activities,'' signed by John Seitz.
    b. Implementation of 112(g) Upon Program Approval. On February 14, 
1995 EPA published an interpretive notice (see 60 FR 8333) that 
postpones the effective date of section 112(g) until after EPA has 
promulgated a rule addressing that provision. The section 112(g) 
interpretive notice explains that EPA is still considering whether the 
effective date of section 112(g) should be delayed beyond the date of 
promulgation of the Federal rule so as to allow states time to adopt 
rules implementing the Federal rule, and that EPA will provide for any 
such additional delay in the final section 112(g) rulemaking. Unless 
and until EPA provides for such an additional postponement of section 
112(g) Massachusetts must be able to implement section 112(g) during 
the period between promulgation of the Federal section 112(g) rule and 
adoption of implementing State regulations. EPA believes that 
Massachusetts can utilize its preconstruction permitting program to 
serve as a procedural vehicle for implementing section 112(g) rule and 
making these requirements Federally enforceable between promulgation of 
the Federal section 112(g) rule and adoption of implementing State 
regulations. For this reason, EPA is approving Massachusetts' 
preconstruction permitting program found in 310 CMR 7.02 ``Plan 
Approval and Emission Limitations'' under the authority of title V and 
part 70 solely for the purpose of implementing section 112(g) during 
the transition period between title V approval and adoption of a State 
rule implementing EPA's section 112(g) regulations.
    Since the approval would be for the single purpose of providing a 
mechanism to implement section 112(g) during the transition period, the 
approval would be without effect if EPA decides in the final section 
112(g) rule that sources are not subject to the requirements of the 
rule until State regulations are adopted. Also, since the approval 
would be for the limited purpose of allowing the State sufficient time 
to adopt regulations, EPA is limiting the duration of the approval to 
18 months following promulgation by EPA of its section 112(g) rule.
    c. Program for Straight Delegation of Sections 111 and 112 
Standards. Requirements for operating permit program approval, 
specified in 40 CFR 70.4(b), encompass section 112(l)(5) requirements 
for approval of a program for delegation of section 112 General 
Provision Subpart A and standards as promulgated by EPA as they apply 
to part 70 sources. Section 112(l)(5) requires that the State's program 
contain adequate authorities, adequate resources for implementation, 
and an expeditious compliance schedule, which are also requirements 
under part 70. Therefore, the EPA is also granting approval under 
section 112(l)(5) and 40 CFR 63.91 of 

[[Page 3830]]
the State's program for receiving delegation of section 112 standards 
that are unchanged from the Federal standards as promulgated, and 
section 112 infrastructure programs such as those programs authorized 
under sections 112(i)(5), 112(g), 112(j) and 112(r) to the extent they 
apply to sources subject to 310 CMR 7.00 Appendix C. EPA is 
reconfirming the 40 CFR part 60 and 61 standards currently delegated to 
Massachusetts as indicated in Table I.2 EPA is also reconfirming 
delegation of 40 CFR part 60 standards to the extent they apply to 
sources subject to 310 CMR 7.00 Appendix C as indicated in Table II. In 
addition, EPA is proposing to delegate all future 40 CFR parts 60, 61 
and 63 standards to the extent they apply to sources subject to 310 CMR 
7.00 Appendix C.3 EPA is delegating the 40 CFR part 63 standards 
as indicated in Table III to the extent they apply to sources subject 
to 310 CMR 7.00 Appendix C.

    \2\  Please note that federal rulemaking is not required for 
delegation of section 111 standards.
    \3\  The radionuclide National Emission Standards for Hazardous 
Air Pollutant (NESHAP) is a section 112 regulation and therefore, 
also an applicable requirement under the State operating permits 
program for part 70 sources. There is not yet a Federal definition 
of ``major'' for radionuclide sources. Therefore, until a major 
source definition for radionuclide is promulgated, no source would 
be a major section 112 source solely due to its radionuclide 
emissions. However, a radionuclide source may, in the interim, be a 
major source under part 70 for another reason, thus requiring a part 
70 permit. The EPA will work with the State in the development of 
its radionuclide program to ensure that permits are issued in a 
timely manner.
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    Massachusetts has informed EPA that it intends to accept future 
delegation of section 111 and 112 standards by checking the appropriate 
boxes on a standardized checklist. The checklist will list applicable 
regulations and will be sent by the EPA Regional Office to 
Massachusetts. Massachusetts will accept delegation by checking the 
appropriate box and returning the checklist to EPA Region I. The 
details of this delegation mechanism are set forth in the November 28, 
1995, Memorandum of Agreement between Massachusetts and EPA. This 
program applies to both existing and future standards but is limited to 
sources covered by the part 70 program. The original delegation 
agreement between EPA and Massachusetts was set forth in a letter from 
Kenneth Hagg dated June 25, 1982.
    d. Commitment to implement title IV of the ACT. Massachusetts has 
committed to take action, following promulgation by EPA of regulations 
implementing section 407 and 410 of the Act, or revisions to either 
part 72, 74, or 76 or the regulations implementing section 407 or 410, 
to either incorporate by reference or submit, for EPA approval, 
Massachusetts Department of Environmental Protection (DEP) regulations 
implementing these provisions.

B. Final Action

    The EPA is promulgating interim approval to the operating permits 
program submitted to EPA by the Commonwealth of Massachusetts on April 
28, 1995. After promulgation, the Commonwealth must make the changes 
listed above to receive full approval. This interim approval, which may 
not be renewed, extends for a period of up to 2 years. During the 
interim approval period, the Commonwealth is protected from sanctions 
for failure to have a program, and EPA is not obligated to promulgate a 
Federal permits program in the Commonwealth. Permits issued under a 
program with interim approval have full standing with respect to Part 
70, and the 1-year time period under the Act for submittal of permit 
applications by subject sources begins upon interim approval, as does 
the 3-year time period for processing the initial permit applications.
    The scope of the Commonwealth of Massachusetts' part 70 program 
that EPA is approving in this notice would apply to all part 70 sources 
(as defined in the approved program) within the Commonwealth of 
Massachusetts, except any sources of air pollution over which an Indian 
Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-18 (Nov. 9, 
1994). The term ``Indian Tribe'' is defined under the Act as ``any 
Indian tribe, band, nation, or other organized group or community, 
including any Alaska Native village, which is Federally recognized as 
eligible for the special programs and services provided by the United 
States to Indians because of their status as Indians.'' See section 
302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25, 1994); 58 FR 
54364 (Oct. 21, 1993).
    Requirements for approval, specified in 40 CFR 70.4(b), encompass 
section 112(l)(5) requirements for approval of a program for delegation 
of section 112 standards as promulgated by EPA as they apply to Part 70 
sources. Section 112(l)(5) requires that the State's program contain 
adequate authorities, adequate resources for implementation, and an 
expeditious compliance schedule, which are also requirements under Part 
70. Therefore, the EPA is also granting approval under section 
112(l)(5) and 40 CFR 63.91 of the State's program for receiving 
delegation of section 112 standards that are unchanged from Federal 
standards as promulgated. This program for delegations only applies to 
sources covered by the Part 70 program.

III. Administrative Requirements

A. Opportunity for Public Comments

    In a related notice in the Proposed Rule section the EPA is 
providing an opportunity for comments on all aspects of this final 
rule. Copies of the State's submittal and other information relied upon 
for the interim approval are contained in a docket maintained at the 
EPA Regional Office. The docket is an organized and complete file of 
all the information submitted to, or otherwise considered by, EPA in 
the development of this interim approval. The principal purposes of the 
docket are:
    (1) To allow interested parties a means to identify and locate 
documents so that they can effectively participate in the approval 
process, and
    (2) To serve as the record in case of judicial review. The EPA will 
consider any comments received by March 4, 1996.

B. Executive Order 12866

    The Office of Management and Budget has exempted this action from 
Executive Order 12866 review.

C. Regulatory Flexibility Act

    The EPA's actions under section 502 of the Act do not create any 
new requirements, but simply address operating permits programs 
submitted to satisfy the requirements of 40 CFR Part 70. Because this 
action does not impose any new requirements, it does not have a 
significant impact on a substantial number of small entities.

D. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in 

[[Page 3831]]
estimated costs of $100 million or more to either State, local, or 
tribal governments in the aggregate, or to the private sector. This 
Federal action approves preexisting requirements under State or local 
law, and imposes no new Federal requirements. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action.

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: November 28, 1995.
John P. DeVillars,
Regional Administrator, Region I.

         Table I.--Reconfirmation of Part 60 and 61 Delegations         
------------------------------------------------------------------------
                                                                        
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                       PART 60 SUBPART CATEGORIES                       
                                                                        
D....................................  FOSSIL-FUEL FIRED STEAM          
                                        GENERATORS.                     
Da...................................  ELECTRIC UTILITY STEAM           
                                        GENERATORS.                     
E....................................  INCINERATORS.                    
F....................................  PORTLAND CEMENT PLANTS.          
G....................................  NITRIC ACID PLANTS.              
H....................................  SULFURIC ACID PLANTS.            
I....................................  ASPHALT CONCRETE PLANTS.         
J....................................  PETROLEUM REFINERIES.            
K....................................  PETROLEUM LIQUID STORAGE VESSELS.
Ka...................................  PETROLEUM LIQUID STORAGE VESSELS.
L....................................  SECONDARY LEAD SMELTERS.         
M....................................  SECONDARY BRASS AND BRONZE       
                                        PRODUCTION PLANTS.              
N....................................  BASIC OXYGEN PROCESS FURNACES    
                                        PRIMARY EMISSIONS.              
O....................................  SEWAGE TREATMENT PLANTS.         
P....................................  PRIMARY COPPER SMELTERS.         
Q....................................  PRIMARY ZINC SMELTERS.           
R....................................  PRIMARY LEAD SMELTERS.           
S....................................  PRIMARY ALUMINUM REDUCTION.      
T....................................  PHOSPHATE FERTILIZER WET PROCESS.
U....................................  PHOSPHATE FERTILIZER-            
                                        SUPERPHOSPHORIC ACID.           
V....................................  PHOSPHATE FERTILIZER-DIAMMONIUM  
                                        PHOSPHATE.                      
W....................................  PHOSPHATE FERTILIZER TRIPLE      
                                        SUPERPHOSPHATE.                 
X....................................  PHOSPHATE FERTILIZER-GRANULAR    
                                        TRIPLE SUPERPHOSPHATE STORAGE.  
Y....................................  COAL PREPARATION PLANTS.         
Z....................................  FERROALLOY PRODUCTION FACILITIES.
AA...................................  STEEL PLANTS-ELECTRIC ARC        
                                        FURNACES.                       
BB...................................  KRAFT PULP MILLS.                
CC...................................  GLASS MANUFACTURING PLANTS.      
DD...................................  GRAIN ELEVATORS.                 
EE...................................  SURFACE COATING OF METAL         
                                        FURNITURE.                      
GG...................................  STATIONARY GAS TURBINES.         
HH...................................  LIME MANUFACTURING PLANTS.       
KK...................................  LEAD-ACID BATTERY MANUFACTURING. 
MM...................................  AUTO & LIGHT TRUCK SURFACE       
                                        COATING OPERATIONS.             
NN...................................  PHOSPHATE ROCK PLANTS.           
PP...................................  AMMONIUM SULFATE MANUFACTURING.  
QQ...................................  GRAPHIC ARTS-ROTOGRAVURE         
                                        PRINTING.                       
RR...................................  TAPE AND LABEL SURFACE COATINGS. 
SS...................................  SURFACE COATING: LARGE           
                                        APPLIANCES.                     
TT...................................  METAL COIL SURFACE COATING.      
UU...................................  ASPHALT PROCESSING ROOFING.      
WW...................................  BEVERAGE CAN SURFACE COATING.    
XX...................................  BULK GASOLINE TERMINALS.         
FFF..................................  FLEXIBLE VINYL AND URETHAN       
                                        COATING AND PRINTING.           
HHH..................................  SYNTHETIC FIBER PRODUCTION.      
JJJ..................................  PETROLEUM DRY CLEANERS.          
                                                                        
                       PART 61 SUBPART CATEGORIES                       
                                                                        
C....................................  BERYLLIUM.                       
D....................................  BERYLLIUM-ROCKET MOTOR.          
E....................................  MERCURY.                         
F....................................  VINYL CHLORIDE.                  
M....................................  ASBESTOS.                        
N....................................  ARSENIC-GLASS MANUFACTURING.     
------------------------------------------------------------------------


    Table II.--Reconfirmation of Part 60 Delegations as They Apply to   
             Massachusetts Title V Operating Permits Program            
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                       PART 60 SUBPART CATEGORIES                       
                                                                        
Db...................................  INDUSTRIAL- COMMERCIAL-          
                                        INSTITUTIONAL STEAM GENERATING  
                                        UNIT.                           
Dc...................................  SMALL INDUSTRIAL-COMMERCIAL-     
                                        INSTITUTIONAL STEAM GENERATING  
                                        UNITS.                          
Ea...................................  MUNICIPAL WASTE COMBUSTORS.      

[[Page 3832]]
                                                                        
Kb...................................  PETROLEUM LIQUID STORAGE VESSELS 
                                        7/23/84.                        
AAa..................................  ELECTRIC ARC FURNACES AND ARGON- 
                                        OXYGEN DECARBURIZATION.         
VV...................................  EQUIPMENT LEAKS OF VOC IN SOCMI. 
DDD..................................  VOC EMISSIONS FROM POLYMER       
                                        MANUFACTURING INDUSTRY.         
III..................................  VOC FROM SOCMI AIR OXIDATION     
                                        UNIT.                           
NNN..................................  VOC FROM SOCMI DISTILLATION.     
OOO..................................  NONMETALLIC MINERAL PLANTS.      
PPP..................................  WOOL FIBERGLASS INSULATION.      
RRR..................................  VOC EMISSIONS FROM SOCMI PROCESS.
SSS..................................  MAGNETIC TAPE COATING.           
TTT..................................  SURFACE COATING OF PLASTIC PARTS 
                                        FOR BUSINESS MACHINES.          
UUU..................................  CALCINERS & DRYERS IN THE MINERAL
                                        INDUSTRY.                       
VVV..................................  POLYMERIC COATING OF SUPPORTING  
                                        SUBSTRATES.                     
------------------------------------------------------------------------



      Table III.--Delegation of Part 63 Standards as They Apply to      
             Massachusetts Title V Operating Permits Program            
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                       PART 63 SUBPART CATEGORIES                       
                                                                        
A....................................  General Provisions.              
F....................................  National Emission Standards for  
                                        Organic Hazardous Air Pollutants
                                        From the Synthetic Organic      
                                        Chemical Manufacturing Industry.
G....................................  National Emission Standards for  
                                        Organic Hazardous Air Pollutants
                                        From the Synthetic Organic      
                                        Chemical Manufacturing Industry 
                                        Process Vents, Storage Vessels, 
                                        Transfer Operations, and        
                                        Wastewater.                     
H....................................  National Emission Standards for  
                                        Organic Hazardous Air Pollutants
                                        for Equipment Leaks.            
I....................................  National Emission Standards for  
                                        Organic Hazardous Air Pollutants
                                        for Certain Processes Subject to
                                        the Negotiated Regulation for   
                                        Equipment Leaks.                
M....................................  National Perchloroethylene Air   
                                        Emission Standards for Dry      
                                        Cleaning Facilities.            
N....................................  National Emission Standards for  
                                        Chromium Emissions from Hard and
                                        Decorative Electroplating and   
                                        Chromium Anodizing Tanks.       
O....................................  Ethylene Oxide Emission Standards
                                        for Sterilization Facilities.   
Q....................................  National Emission Standards for  
                                        Hazardous Air Pollutants for    
                                        Industrial Cooling Towers.      
R....................................  National Emission Standards for  
                                        Organic Hazardous Air Pollutants
                                        for Source Categories: Gasoline 
                                        Distribution (Stage I).         
T....................................  National Emission Standards for  
                                        Halogenated Solvent Cleaning.   
W....................................  National Emission Standards for  
                                        Organic Hazardous Air Pollutants
                                        for Epoxy Resins Production and 
                                        Non-Nylon Polyamides Production.
X....................................  National Emission Standards for  
                                        Organic Hazardous Air Pollutants
                                        from Secondary Lead Smelting.   
EE...................................  National Emission Standards for  
                                        Magnetic Tape Manufacturing     
                                        Operations.                     
------------------------------------------------------------------------

    Part 70, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:

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

    2. Appendix A to part 70 is amended by adding the entry for 
Massachusetts in alphabetical order to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *
Massachusetts
    (a) Department of Environmental Protection: submitted on April 28, 
1995; interim approval effective on March 4, 1996; interim approval 
expires March 2, 1998.
    (b) (Reserved)
* * * * *
[FR Doc. 96-2248 Filed 2-1-96; 8:45 am]
BILLING CODE 6560-50-P