[Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)]
[Rules and Regulations]
[Pages 11556-11560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6781]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MA-19-1-6648a; A-1-FRL-5436-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; Emission Statements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving Massachusetts' revised 310 CMR 7.12, 
``Inspection Certificate, Record Keeping and Reporting'' and 
incorporating it into Massachusetts' SIP. EPA received revisions to the 
Massachusetts SIP revising 310 CMR 7.12 on three separate occasions 
however, EPA is addressing all three submissions in this action. These 
revisions to 310 CMR 7.12 streamline and clarify the permitting process 
and address the Clean Air Act's emission statement program requirement. 
This action is being taken in accordance with the Clean Air Act.

DATES: This action is effective May 20, 1996, unless, notice is 
received by April 22, 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 may be mailed to Susan Studlien, Acting Director, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours, by appointment

[[Page 11557]]
at the Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region I, One Congress Street, 10th 
floor, Boston, MA and the Division of Air Quality Control, Department 
of Environmental Protection, One Winter Street, Boston, MA.

FOR FURTHER INFORMATION CONTACT: David Conroy, (617) 565-3254.

SUPPLEMENTARY INFORMATION:

I. Background

    The air quality planning and State Implementation Plan (SIP) 
requirements for ozone nonattainment and transport area are set out in 
subparts I and II of part D of Title I of the Clean Air Act, as amended 
by the Clean Air Act Amendments of 1990 (CAA or ``the Act''). EPA has 
published a ``General Preamble'' describing EPA's preliminary views on 
how EPA intends to review SIP's and SIP revisions submitted under Title 
I of the CAA, including those State submittals for ozone transport 
areas within the States {see 57 FR 13498 (April 16, 1992) [``SIP: 
General Preamble for the Implementation of Title I of the Clean Air Act 
Amendments of 1990''], 57 FR 18070 (April 28, 1992) [``Appendices to 
the General Preamble''], and 57 FR 55620 (November 25, 1992) [``SIP: 
NOX Supplement to the General Preamble'']}.
    EPA has also issued a draft guidance document describing the 
requirements for the emission statement programs discussed in this 
Notice, entitled ``Guidance on the Implementation of an Emission 
Statement Program'' (July, 1992). The Agency is also conducting a 
rulemaking process to modify part 40 of the CFR to reflect the 
requirements of the emission statement program.
    Section 182 of the Act sets out a graduated control program for 
ozone nonattainment areas. Section 182(a) sets out requirements 
applicable in marginal nonattainment areas, which are also made 
applicable in subsections (b), (c), (d), and (e) to all other ozone 
nonattainment areas. Among the requirements in section 182(a) is a 
program in paragraph (3)(B) of that subsection for stationary sources 
to prepare and submit to the State each year emission statements 
showing actual emissions of volatile organic compounds (VOC) and 
nitrogen oxides (NOX). This paragraph provides that the States are 
to submit a revision to their State Implementation Plans (SIPs) by 
November 15, 1992 establishing their emission statement program.
    Section 184(b)(2) of the Act extends the requirements for major 
stationary sources in moderate ozone nonattainment areas to sources in 
the ozone transport region which emit, or have the potential to emit, 
50 tpy or more of VOC. Section 182(f) extends the requirements for 
major stationary sources of VOC in ozone transport regions to major 
sources of NOX. For areas designated as attainment or 
nonattainment areas which are not classified, Section 182(f) refers to 
Section 302 where the major source definition for NOX is the 
potential to emit 100 tons per year. Therefore, the emission statement 
requirement encompasses all stationary sources in all classified 
nonattainment areas, as well as sources in attainment areas and 
unclassified nonattainment areas within ozone transport regions, which 
emit or have the potential to emit 100 tpy or more of NOX or 50 
tpy or more of VOC.
    Massachusetts is located in the ozone transport region and is a 
classified ozone nonattainment area. Therefore, Massachusetts is 
subject to the more stringent source threshold requirement of 
182(a)(3)(B). Massachusetts' source thresholds of the emission 
statement regulation must cover all sources which emit VOC or NOX.
    For classified ozone nonattainment areas, the States may waive, 
with EPA approval, the requirement for an emission statement for 
classes or categories of sources with less than 25 tons per year of 
actual plant-wide NOX or VOC emissions in nonattainment areas if 
the class or category is included in the base year and periodic 
inventories and emissions are calculated using emission factors 
established by EPA (such as those found in EPA publication AP-42) or 
other methods acceptable to EPA. Massachusetts has provided a 1990 
baseyear inventory which includes emissions from sources that emit 
below 25 tpy of VOC or NOX emissions and will be updating this 
inventory every three years until the area is redesignated to 
attainment. In addition, the methods and emission factors used by 
Massachusetts to calculate emissions for the 1990 baseyear inventories 
have been reviewed by EPA. As a result, EPA finds the 25 tpy threshold 
acceptable.
    Additionally, if either VOC or NOX is emitted at or above the 
statutory reporting level, the other pollutant must be included in the 
emission statement, even if it is emitted at levels below the specified 
cutoffs.
    The CAA requires that States' rules specify that facilities must 
submit the first emission statement to the State within three years 
after November 15, 1990, and annually thereafter. EPA requests that the 
States submit the emission data to EPA through the Aerometric 
Information Retrieval System (AIRS). The minimum emission statement 
data should include: certification of data accuracy; source 
identification information; operating schedule; emissions information 
(including annual and typical ozone season day emissions); control 
equipment information; and process data. EPA developed emission 
statements data elements to be consistent with other source and State 
reporting requirements. This consistency is essential to assist States 
with quality assurance for emission estimates and to facilitate 
consolidation of all EPA reporting requirements.

II. Analysis of State Submission

A. Procedural Background

    The Act requires States to observe certain procedural requirements 
in developing its SIP, of which the emission statement program will 
become a part. Section 110(l)(2) of the Act provides that each revision 
to an implementation plan submitted by a State under the CAA must be 
adopted by such State after reasonable notice and public hearing. EPA 
must at the outset determine whether a submittal is complete and 
therefore warrants further EPA review and action (see Section 110(k)(1) 
and 57 FR 13565). EPA's completeness criteria for SIP submittals are 
set out at 40 CFR Part 51, Appendix V (1991), as amended by 57 FR 42216 
(August 26, 1991).
    On July 15, 1994, EPA received the SIP submittal of amendments to 
310 CMR 7.12 addressing emission statement requirements. The amendments 
were adopted by Massachusetts on June 29, 1994 and became effective on 
July 1, 1994. Hearings were held on May 6, 10, 11, and 13, 1994. EPA 
deemed the submittal complete on July 15, 1994 and the sanctions clocks 
were stopped. However, the February 21, 1993 finding also triggered the 
Federal Implementation Plan (FIP) clock. EPA has remained obligated to 
promulgate a FIP clock until this final rulemaking action is taken. 
Therefore, the FIP clock is stopped on the effective date of this final 
rulemaking action approving Massachusetts' emission statement program.

B. Components of the Emission Statement Program

    There are several key general and specific components of an 
acceptable emission statement program. Specifically, the State must 
submit a revision to its SIP and the emission statement program must 
meet the

[[Page 11558]]
minimum requirements for reporting by the sources and the State. In 
general, the program must include, at a minimum, provisions for 
applicability, definitions, compliance, and specific source 
requirements detailed below.
1. SIP Revision Submission
    EPA requires States to submit their SIP revision within 2 years of 
enactment of the Clean Air Act Amendments of 1990 (CAAA) (November 15, 
1990).
    Massachusetts was notified in a letter dated January 15, 1993, that 
if the emission statement submittal was not received by February 21, 
1993, a finding of failure to submit will automatically be made. Since 
Massachusetts did not submit the SIP revision until July 15, 1994, 
findings were made. EPA reviewed the submittal and deemed it complete 
on July 15, 1994. Therefore, the sanctions clock was stopped. However, 
the February 21, 1993 finding also triggered the Federal Implementation 
Plan (FIP) clock. EPA has remained obligated to promulgate a FIP until 
this final rulemaking action is taken. Therefore, the FIP clock is 
stopped on the effective date of this final rulemaking action approving 
the emission statement program.
2. Reporting Requirements for State
    In addition to the program elements applying to sources, the SIP 
should include a provision that States provide to EPA the identifying 
information for the sources covered by the emission statement program, 
the value for rule effectiveness utilized by the State in its SIP 
calculations, the source data elements entered into AIRS, and quarterly 
emission statement status reports. The minimum source identification 
information should include the AIRS code, the AFS point number (ID), 
the AFS segment number (ID), and the Source Category Code (SCC) and 
descriptions for each segment.
     In addition, States should supply to EPA the current rule 
effectiveness (RE) factors at the SCC pollutant level, if applicable, 
and the RE method codes. The emission statement data submittal to AIRS 
should include all data obtained from the source and the State. These 
source-supplied data elements include source identification information 
(name, physical location, mailing address of the facility, latitude and 
longitude, and 4-digit Standard Industrial Classification (SIC) 
code(s)), operating schedule information (percentage annual throughput, 
days per week on the normal operating schedule, hours per day during 
the normal operating schedule, and hours per year on the normal 
operating schedule), process rate data (annual process rate (annual 
throughput) and peak ozone season daily process rate), control 
equipment information (current primary and secondary control equipment 
identification codes and current combined control equipment efficiency 
(%)), and emissions information (estimated actual VOC and NOX 
emissions at the segment level (in tons per year for an annual emission 
rate and pounds per day for a typical ozone season day), estimated 
emissions method code, calendar year for the emissions, and emission 
factor (if used)). EPA recommends that the States electronically submit 
emission statement data into the AIRS database no later than July 1 of 
each year, commencing in 1993. The quarterly reports should show the 
total number of facilities that met the State's emission statements 
program requirements and the number of facilities that failed to meet 
the requirements. Quarterly reports should be submitted commencing no 
later than July 1, 1993.
    The July 15, 1994 submittal did not fully meet the data element 
requirement for an approvable emission statement program. EPA notified 
Massachusetts with a list of data elements that Massachusetts needed to 
add to the source registration forms for EPA to approve its emission 
statement program. Massachusetts assured EPA in a letter, dated 
December 30, 1994, that the data elements were being incorporated into 
the source registration forms. Massachusetts' source registration forms 
do require all the EPA required data elements. The uploading of 
emission statement information to AIRS, by July 1 of each year, is a 
grant condition that EPA has negotiated with Massachusetts.
3. Sources Covered
    Section 182(a)(3)(B) requires that States with areas designated as 
nonattainment for ozone require emission statement data from sources of 
VOC or NOX in the nonattainment areas. This requirement applies to 
all classified ozone nonattainment areas, regardless of the 
classification (Marginal, Moderate, etc.). Section 184(b)(2) of the Act 
extends the requirements for major stationary sources in moderate ozone 
nonattainment areas to sources in the ozone transport region. Section 
182(f) extends the requirements for major stationary sources of VOC in 
ozone transport regions to major sources of NOX. Therefore, the 
emission statement requirement encompasses all stationary sources in 
all classified nonattainment areas, as well as sources in attainment 
areas and unclassified nonattainment areas within ozone transport 
regions, which emit or have the potential to emit 100 tpy or more of 
NOX or 50 tpy or more of VOC.
    The States may waive, with EPA approval, the requirement for 
emission statements for classes or categories of sources with less than 
25 tons per year of actual plant-wide NOX or VOC emissions in 
nonattainment areas if the class or category is included in the base 
year and periodic inventories. Massachusetts emission statement 
regulations have exempted sources with VOC and NOX emissions below 
25 tpy from emission statement requirements. Massachusetts has provided 
1990 baseyear inventories which include emissions from sources that 
emit 25 tpy of VOC or NOX and will be updating these inventories 
every three years until the area is redesignated to attainment. In 
addition, the methods and emission factors used by Massachusetts to 
calculate emissions for the 1990 baseyear inventory have been reviewed 
by EPA. As a result, EPA finds the 25 tpy threshold acceptable.
    The entire state of Massachusetts is designated as nonattainment 
for ozone and is located within the boundaries of the ozone transport 
region. 310 CMR 7.12(1)(b) states that information required by 310 CMR 
7.12(1)(a) shall be submitted annually for any facility having actual 
emissions greater than or equal to:
    (1) Volatile organic compounds, 25 tpy
    (2) Nitrogen oxides, 25 tpy
    (3) Any other pollutant regulated under the Act, 100 tpy and once 
every three years for all other facilities.
4. Reporting Requirements for Sources
    Sources covered by the State emission statement program will 
submit, at a minimum, the data elements described under section II.B.2 
of this notice.
    The emission statement submitted by the source will contain a 
certification that the information is accurate to the best knowledge of 
the individual certifying the statement. EPA recommends that the State 
program require the submission of the data from the sources no later 
than April 15 of each year.
    Massachusetts sends a cover letter accompanying the emission 
statement forms to the facilities. The cover letter, included in the 
SIP submittal, requires that the forms be completed using data 
pertaining to the facility's operations during calendar year 1993 and 
returned to DEP no later than June 1, 1994. EPA is approving this 
submittal date since the Emission Statement Workgroup is

[[Page 11559]]
proposing to require States to submit emission statement data to AIRS 
by November 15 rather than July 1. Massachusetts will have sufficient 
time to submit data to AIRS by November 15 if sources submit emission 
statements by June 1.
5. Reporting Forms
    Although EPA has developed a proposed format for the emission 
statement reporting process in its guidance document, the Act allows 
States to develop their own format for emission statement reporting.
    Massachusetts provides the sources with Source Registration/
Emission Statement forms. On December 30, 1994, Massachusetts sent a 
letter notifying EPA that the current Source Registration/Emission 
Statement forms are being modified in format to provide to industry a 
summary of the data in the DEP SSEIS (and EPA AIRS) system as a basis 
for update and certification of emissions. In addition, the letter 
included data elements that had been added or are in the process of 
being added to the forms.

III. Final Action

    EPA is approving Massachusetts' revised 310 CMR 7.12, ``Inspection 
Certificate, Record Keeping and Reporting'' and incorporating it into 
Massachusetts' SIP. EPA is publishing this action without prior 
proposal because the Agency views this as a noncontroversial amendment 
and anticipates no adverse comments. However, in a separate document in 
this Federal Register publication, EPA is proposing to approve the SIP 
revision should adverse or critical comments be filed. This action will 
be effective May 20, 1996, unless adverse or critical comments are 
received by April 22, 1996.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by simultaneously publishing a subsequent 
notice that will withdraw the final action. All public comments 
received will then be addressed in a subsequent final rule based on 
this action serving as a proposed rule. The EPA will not institute a 
second comment period on this action. Any parties interested in 
commenting on this action should do so at this time. If no such 
comments are received, the public is advised that this action will be 
effective on May 20, 1996.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. Secs. 603 and 
604. Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Section 182(a)(3)(B) of 
the Clean Air Act. These rules may bind State, local and tribal 
governments to perform certain actions and also require the private 
sector to perform certain duties. To the extent that the rules being 
approved by this action will impose no new requirements; such sources 
are already subject to these regulations under State law. Accordingly, 
no additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. EPA has also determined that 
this final action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or tribal 
governments in the aggregate or to the private sector.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from review under Executive Order 
12866.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP-approval does not impose any new requirements, I certify 
that it does not have a significant impact on small entities. Moreover, 
due to the nature of the federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410 (a)(2).
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State Implementation Plan. Each request for revision to 
the State Implementation Plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 20, 1996. 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

    Air pollution control, Hydrocarbons, Incorporation by reference, 
Intergovernmental relations, Nitrogen dioxide, Oxides of nitrogen, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: September 18, 1995.
John P. DeVillars,
Regional Administrator, Region I.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart W--Massachusetts

    2. Section 52.1120 is amended by adding paragraph (c)(106) to read 
as follows:


Sec. 52.1120  Identification of plan.

* * * * *
    (c) * * *
    (106) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 28, 1990, 
September 30, 1992, and July 15, 1994.

[[Page 11560]]

    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated June 28, 1990, submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated September 30, 1992, submitting a revision to the 
Massachusetts State Implementation Plan.
    (C) Letter from the Massachusetts Department of Environmental 
Protection, dated July 15, 1994, submitting a revision to the 
Massachusetts State Implementation Plan.
    (D) Regulation 310 CMR 7.12 entitled ``Inspection Certification 
Record Keeping and Reporting'' which became effective on July 1, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of submittal.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated December 30, 1994, assuring EPA that the data 
elements noted in EPA's December 13, 1994 letter were being 
incorporated into the source registration forms used by Massachusetts 
emission statement program.
    (ii) Additional materials.
    (A) Nonregulatory portions of submittal.
* * * * *
    3. In Sec. 52.1167 Table 52.1167 is amended by adding new state 
citations for entry 310 CMR 7.12 to read as follows:


Sec. 52.1167  EPA--approved Massachusetts State regulations

* * * * *

                                                 Table 52.1167--EPA--Approved Massachusetts Regulations                                                 
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                                                        Date                                                                               Comments/    
     State citation             Title/subject         submitted      Date approved by EPA     Federal Register citation   52.1120(c)      unapproved    
                                                      by State                                                                             sections     
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
                                                                                                                                                        
310 CMR 7.12............  Inspection Certificate     6/28/90; 9/ March 21, 1996.............  61 FR 1559...............          106  The 6/28/90 and 9/
                           Record Keeping and         30/92; 7/                                                                        30/92 submittals 
                           Reporting.                     15/94                                                                        deal with the    
                                                                                                                                       permitting       
                                                                                                                                       process. The 7/15/
                                                                                                                                       94 submittal     
                                                                                                                                       develops 7.12 to 
                                                                                                                                       comply with      
                                                                                                                                       emission         
                                                                                                                                       statement        
                                                                                                                                       requirements.    
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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[FR Doc. 96-6781 Filed 3-20-96; 8:45 am]
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