[Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
[Rules and Regulations]
[Pages 7939-7941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4327]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
40 CFR Part 70
[AD-FRL-5689-6]
Clean Air Act Final Interim Approval of Operating Permits
Program; Delegation of Section 112 Standards; State of Maine
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final interim approval.
-----------------------------------------------------------------------
SUMMARY: The EPA is promulgating source category-limited interim
approval of the Operating Permits Program submitted by the State of
Maine 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 proposing
elsewhere in this Federal Register to add a sixth interim approval
issue which would require Maine to remove some of the activities listed
as insignificant in the State's rules. See the proposed rulemaking on
Maine's Title V program.
EFFECTIVE DATE: March 24, 1997.
ADDRESSES: Copies of the State's submittal and other supporting
information used in developing the final interim approval are available
for inspection during normal business hours at the following location:
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
Region I, One Congress Street, 11th floor, Boston, MA.
FOR FURTHER INFORMATION CONTACT: Donald Dahl, (617) 565-4298.
SUPPLEMENTARY INFORMATION:
I. Background
Title V of the 1990 Clean Air Act Amendments (sections 501-507 of
the Clean Air Act (``the Act'')), and implementing regulations at 40
Code of Federal Regulations (CFR) part 70 require that States develop
and submit operating permits 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 the end of an interim
program, it must establish and implement a Federal program.
On September 19, 1996, EPA proposed interim approval of the
operating permits program for the State of Maine. See 61 FR 49289. The
EPA received comments from the Town of Jay on the proposal. In this
document EPA is taking final action to promulgate interim approval of
the operating permits program for the State of Maine. In addition, EPA
is also proposing in this Federal Register to add a sixth interim
approval issue in response to the comment from the Town of Jay and
information submitted by other parties concerned about Jay's comment.
II. Response to Comments
The comments received on EPA's September 19, 1996 proposal to grant
interim approval to the Maine Program and EPA's response to those
comments are as follows:
Comment: The Town of Jay believes that EPA should require the State
of Maine to remove six activities from the State's list of
insignificant activities. The six activities are: (1) Paper forming;
(2) vacuum system exhaust; (3) liquor clarifier and storage tanks and
associated pumping, piping, and handling; (4) stock cleaning and
pressurized pulp washing; (5) broke beaters, repulpers, pulp and
repulping tanks, stock chests and bulk pulp handling; and (6) sewer
manholes, junction boxes, sumps and lift stations associated with
wastewater treatment systems.
Response: Based on the Town's comment and other information EPA has
received concerning this issue, EPA is proposing in this Federal
Register to require the State of Maine to remove the six activities
listed above from its list of insignificant activities. Please refer to
the proposed action elsewhere in this Federal Register for a discussion
of this issue.
III. Final Action
The EPA is promulgating source category-limited interim approval of
the operating permits program submitted by the State of Maine on
October 23, 1995. The State must make the changes specified in the
proposed rulemaking, under II.B., Proposed Action, in order to be
granted full approval. See 61 FR 49292-49293 (September 19, 1996) for a
complete discussion of those conditions. In brief they are: (1) Failure
to allow for Section 502(b)(10) changes; (2) failure to require
processing ``Part 70 Minor Change'' within 90 days; (3) allowing a
change at a facility, defined as ``Part 70 Minor Revision,'' that could
increase emissions up to 4 tons per year of a regulated pollutant or 8
tons per year for all regulated pollutants to be processed without EPA
or affected state review; (4) allowing a facility, under limited
circumstances, to continue to emit up to the previous licensed level
for up to 24 months after the license is amended; and (5) allowing an
activity that emits between 1 and 4 tons of hazardous air pollutants to
be classified as insignificant.
The scope of the State of Maine's Part 70 program approved in this
document applies to all Part 70 sources (as defined in the approved
program) within the State of Maine, 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
[[Page 7940]]
Indians.'' See section 302(r) of the CAA; see also 59 FR 43956, 43962
(Aug. 25, 1994); 58 FR 54364 (Oct. 21, 1993). EPA is taking no position
in this notice on the question whether any Indian Tribe located in
Maine has jurisdiction over sources of air pollution.
This interim approval extends until March 22, 1999. During this
interim approval period, the State of Maine is protected from
sanctions, and EPA is not obligated to promulgate, administer and
enforce a Federal operating permits program in the State of Maine.
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 begins upon the effective date
of this interim approval, as does the 3-year time period for processing
the initial permit applications.
If the State of Maine fails to submit a complete corrective program
for full approval by September 21, 1998, EPA will start an 18-month
clock for mandatory sanctions. If the State of Maine 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 State of Maine has corrected the
deficiency by submitting a complete corrective program. If, six months
after application of the first sanction, the State of Maine still has
not submitted a corrective program that EPA has found complete, a
second sanction will be required.
If EPA disapproves the State of Maine's 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 State of Maine 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 State of Maine has not submitted a
revised program that EPA has determined corrects the deficiencies, a
second sanction is required.
In addition, discretionary sanctions may be applied where warranted
any time after the expiration of an interim approval period if the
State of Maine has not timely submitted a complete corrective program
or EPA has disapproved its submitted corrective program. Moreover, if
EPA has not granted full approval to the State of Maine program by the
expiration of this interim approval, since the expiration would occur
after November 15, 1995, EPA would be required to promulgate,
administer and enforce a Federal permits program for the State of Maine
upon interim approval expiration.
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. As discussed in the September 19, 1996 proposal to approve Maine's
authority to take delegation of section 112 standards, Maine submitted
a supplemental letter dated June 24, 1996 addressing the 112(l)(5)
requirements for area/minor sources. Therefore, the EPA is also
promulgating 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 applies to sources covered by the Part 70 program as well
as area/minor sources.
IV. Administrative Requirements
A. Docket
Copies of the State's submittal and other information relied upon
for the final interim approval, including comments received by the
State of Maine and reviewed by EPA on the proposal, are contained in
the 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 final interim
approval. The docket is available for public inspection at the location
listed under the ADDRESSES section of this document.
B. Petitions for Judicial Review
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 April 22, 1997. 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).)
C. Executive Order 12866
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
D. 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.
E. Unfunded Mandates
Under sections 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 approval action promulgated does not
include a Federal mandate that may result in 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 pre-
existing 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. Additionally, it will not cost $100 million to operate or
comply with this program.
F. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) of the Regulatory Flexibility Act, as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, EPA submitted 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 General Accounting Office prior to
publication of the rule in today's Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
[[Page 7941]]
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
and Reporting and recordkeeping requirements.
Dated: February 5, 1997.
John P. DeVillars,
Regional Administrator, Region I.
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 Maine
in alphabetical order to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Maine
(a) Department of Environmental Protection: submitted on October
23, 1995; source category-limited interim approval effective on
March 24, 1997; source category-limited interim approval expires
March 22, 1999.
(b) [Reserved]
* * * * *
[FR Doc. 97-4327 Filed 2-20-97; 8:45 am]
BILLING CODE 6560-50-P