[Federal Register Volume 63, Number 184 (Wednesday, September 23, 1998)]
[Notices]
[Pages 50899-50900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25320]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6165-6]


Announcement Regarding Implementation of the Section 112(g) 
Program in the State of Connecticut and the Commonwealth of 
Massachusetts

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: Effective on June 29, 1998, the Environmental Protection 
Agency (EPA) plans to implement section 112(g) of the Clean Air Act as 
amended in 1990 through provisions promulgated in 40 CFR part 63, 
subpart B. Subpart B requires State permitting authorities with an 
approved title V program to make case-by-case maximum achievable 
control technology (MACT) determinations for constructed or 
reconstructed major sources in source categories for which national 
emission standards for hazardous air pollutants (NESHAPs) have not yet 
been promulgated.
    Subpart B requires State or local permitting agencies to implement 
the section 112(g) program promulgated in subpart B, or the State or 
local permitting authorities may request that EPA implement the program 
for that State or local agency for a period of no more than one year. 
With this document, EPA Region I announces that it will implement the 
section 112(g) program for the State of Connecticut and the 
Commonwealth of Massachusetts until June 29, 1999, or the effective 
date of the State section 112(g) program, whichever is earlier. In 
Connecticut, where Connecticut Department of Environmental Protection 
(CT DEP) has the authority to issue a pre-construction permit to a 
constructed or reconstructed source with potential to emit greater than 
15 tons per year of any individual hazardous air pollutant (HAP), CT 
DEP will issue the Notice of MACT approval to those subject sources 
after EPA concurs in writing on the MACT determination. For all other 
sources in Connecticut subject to section 112(g), EPA Region I will 
issue the Notice of MACT approval.

FOR FURTHER INFORMATION CONTACT: For more information about the 
implementation of the section 112(g) programs by Region I, please 
contact Susan Lancey, telephone (617) 565-3587 or E-mail 
[email protected], Office of Ecosystem Protection, JFK 
Federal Building (CAP), Boston, MA 02203.


[[Page 50900]]


SUPPLEMENTARY INFORMATION: The regulations regarding the implementation 
of section 112(g) of the Clean Air Act for constructed or reconstructed 
sources as well as guidance for the State permitting authorities are 
found in 40 CFR 63.40-63.44 (subpart B). The final rule was published 
in the Federal Register on December 27, 1996 (61 FR 68384). Effective 
on June 29, 1998, no person may construct or reconstruct any major 
source of HAP in Massachusetts and Connecticut for which no applicable 
NESHAP has been promulgated unless that person applies for and obtains 
a Notice of MACT approval under the procedures set forth in 40 CFR 
63.43(f)-(h). Except as provided below, the application should be 
submitted to EPA Region I at the address given above. In Connecticut, 
where Connecticut Department of Environmental Protection (CT DEP) has 
the authority to issue a pre-construction permit to a constructed or 
reconstructed source with potential to emit greater than 15 tons per 
year of any individual hazardous air pollutant (HAP), CT DEP will issue 
the Notice of MACT approval to those subject sources after EPA concurs 
in writing on the MACT determination. For all other sources in 
Connecticut subject to section 112(g), EPA Region I will issue the 
Notice of MACT approval.
    To apply for and obtain a Notice of MACT approval from the EPA 
Regional office, any source subject to subpart B must fulfill the 
following requirements. First, the constructed or reconstructed major 
source must recommend a MACT emission limitation or requirement that 
must not be less stringent than the emission control which is achieved 
in practice by the best controlled similar source (Sec. 63.43(d)(1)). 
The recommended MACT emission limitation must achieve the maximum 
degree of reduction in emissions of HAP which can be achieved by 
utilizing the recommended control techniques. The recommended MACT 
emission limitation must consider the non-air quality health and 
environmental impacts as well as the associated energy requirements 
(Sec. 63.43(d)(2)). Furthermore, the constructed or reconstructed major 
source may recommend a specific design, equipment, or work practice 
standard, and EPA may approve such a standard, if it determines that it 
is not feasible to prescribe or enforce an emission limitation under 
section 112(h)(2) of the Clean Air Act (Sec. 63.43(d)(3)). Finally, if 
the EPA has proposed a relevant emission standard through either 
section 112(d) or section 112(h) of the Clean Air Act, then the MACT 
requirements applied to the constructed or reconstructed major source 
must take into consideration those MACT emission limitations and 
requirements of the proposed standards or presumptive MACT 
determination (Sec. 63.43(d)(4)).
    In reviewing and approving any application for a Notice of MACT 
approval, EPA will utilize the procedures set forth in 40 CFR 63.43(f)-
(h).

    Dated: September 11, 1998.
John P. DeVillars,
Regional Administrator, Region 1.
[FR Doc. 98-25320 Filed 9-22-98; 8:45 am]
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