[Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
[Proposed Rules]
[Pages 7978-7980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4328]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70

[AD-FRL-5689-5]


Clean Air Act Interim Approval of Operating Permits Program; 
State of Maine

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes adding a sixth interim approval condition to 
its interim approval of the Operating Permits Program submitted by 
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. In today's Federal 
Register, see the final interim approval granting Maine's program, EPA 
is granting source category-limited interim approval to Maine's 
Operating Permits Program subject to five conditions listed in that 
action.

DATES: Comments on this proposed action must be received in writing by 
March 24, 1997.

ADDRESSES: Comments should be addressed to Donald Dahl, Air Permits, 
CAP, U.S. Environmental Protection Agency, Region I, JFK Federal 
Building, Boston, MA 02203-2211. Copies of the State's submittal and 
other supporting information used in developing the proposed interim 
approval are available for inspection during normal business hours at 
the following location: U.S. Environmental Protection Agency,

[[Page 7979]]

Region 1, One Congress Street, 11th floor, Boston, MA 02203-2211.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, CAP, U.S. Environmental 
Protection Agency, Region 1, JFK Federal Building, Boston, MA 02203-
2211, (617) 565-4298.

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.

B. Federal Oversight and Sanctions

    If EPA were to finalize this additional condition for interim 
approval, it would extend for two years following the effective date of 
final interim approval, which is 30 days from today. During the interim 
approval period, the State of Maine would be protected from sanctions, 
and EPA would not be obligated to promulgate, administer and enforce a 
Federal permits program for 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 interim approval, as 
does the 3-year time period for processing the initial permit 
applications.1
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    \1\ Note that states may require applications to be submitted 
earlier than required under section 503(c). See Chapter 140, 
Appendix C.3. of Maine's rules.
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    Following final interim approval, if the State of Maine failed to 
submit a complete corrective program for full approval by the date 6 
months before expiration of the interim approval, EPA would start an 
18-month clock for mandatory sanctions. If the State of Maine then 
failed to submit a corrective program that EPA found complete before 
the expiration of that 18-month period, EPA would apply sanctions as 
required by section 502(d)(2) of the Act, which would remain in effect 
until EPA determined that the State of Maine had 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 finds complete, a second 
sanction will be required.
    If, following final interim approval, EPA were to disapprove the 
State of Maine's complete corrective program, EPA would be required 
under section 502(d)(2) to apply sanctions on the date 18 months after 
the effective date of the disapproval, unless prior to that date the 
State of Maine had submitted a revised program and EPA had 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 corrected the 
deficiencies that prompted disapproval, a second sanction will be 
required.
    Moreover, if EPA has not granted full approval to the State of 
Maine's 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 State of Maine 
upon interim approval expiration.

II. Proposed Action and Implications

A. Analysis of State Submission

    This document focuses on adding a sixth condition for granting full 
approval of Maine's title V operating permits program. Maine's title V 
program, submitted on October 23, 1995, contained a list of 
``insignificant activities'' that an applicant did not need to address 
in its application or have the activity listed in its permit unless 
that activity was subject to an applicable requirement. See 40 CFR 
70.5(c). The list contained 156 activities and was developed by 
consolidating title V programs from several other States. EPA proposed 
approving this list, 61 FR 49289 (September 19, 1996). In part, EPA 
based its proposal to approve Maine's insignificant activity list on 
the fact that Maine's program requires that an activity, if subject to 
an applicable requirement, must be listed in a facility's application. 
In addition, EPA was not aware that any of the activities listed had 
emissions above what EPA considered insignificant.
    On October 17, 1996, EPA received a comment from the Town of Jay 
stating that six of the activities listed in Maine's program had 
significant emissions. The activities the Town listed in its comments 
were: (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. According to the 
Town, total emissions from these activities at just one facility 
exceeds 1000 tons of volatile organic compounds (VOCs) per year. 
However, EPA also received a letter from an industrial facility 
claiming the emissions were overstated by the Town, and in fact were 
less than 100 tons of VOCs per year. The Maine DEP submitted a letter 
questioning the assumptions Jay made in projecting emission levels from 
these activities. Jay also submitted a second letter explaining its 
assumptions. All this correspondence is available in the docket 
supporting this action.
    Based on all data EPA has received to date about the emissions from 
these activities, EPA concludes that the emissions from all of these 
activities can approach or exceed major source or major modification 
thresholds under the Act and therefore are not ``insignificant'' for 
the purposes of a title V application, even if there is no applicable 
requirement for these activities. Therefore, these six items should be 
removed from the list of insignificant activities. Maine still has 
flexibility; however, to tailor how much information about these 
activities a source would need to include in its application because it 
appears that there are no current applicable requirements for these 
activities. For example, EPA's ``White Paper for Streamlined 
Development of Part 70 Permit Applications,'' dated July 10, 1995 
suggests a general description of the emissions and emission units 
would suffice for units subject to no applicable requirements.

B. Proposed Action

    The scope of Maine's Part 70 program covers all Part 70 sources 
within the

[[Page 7980]]

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 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 not taking any position in this action on 
whether any Federally recognized tribe in Maine has jurisdiction over 
sources of air pollution.
    The EPA is proposing to add a sixth condition to Maine's source 
category-limited interim approval of the operating permits program 
submitted by Maine on October 24, 1995. If promulgated, the State must 
make, in addition to the five conditions stated in the final rules 
section of today's Federal Register, the following change in its rule 
to receive full approval:
    1. Maine must remove the following activities from Appendix B of 
Chapter 140 of the State's rules: (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.

III. Administrative Requirements

A. Request for Public Comments

    The EPA is requesting comments on this additional proposed interim 
approval condition. Copies of the State's submittal and other 
information relied upon for the proposed 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 proposed 
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 administrative record in the event of judicial 
review. The EPA will consider any comments received by March 24, 1997.

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 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. Additionally, it will not cost $100 million to operate or 
comply with this program.

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.

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

    Dated: February 5, 1997.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 97-4328 Filed 2-20-97; 8:45 am]
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