[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Rules and Regulations]
[Pages 19922-19925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9472]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[A-1-FRL-6325-3]


Authorization To Implement Section 111 and 112 Standards; State 
of Connecticut

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve the mechanism that will 
allow EPA to authorize the State of Connecticut to implement and 
enforce specific national emission standards for hazardous air 
pollutants for source categories (NESHAPs) and new source performance 
standards (NSPS) under the Clean Air Act. This authority will be 
limited to only facilities that have obtained a Clean Air Act Title V 
operating permit under Connecticut's approved program.

EFFECTIVE DATE: This rule will become effective on May 24, 1999.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours, by 
appointment at the Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, Region I, One Congress Street, 11th floor, Boston, 
MA.

FOR FURTHER INFORMATION CONTACT: Donald Dahl at (617) 918-1657.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 6, 1996 (61 FR 64651), EPA published a Notice of 
Proposed Rulemaking (NPR) for the State of Connecticut. The NPR 
proposed approval under section 112(l)(5) of the Clean Air Act (CAA, 42 
U.S.C. 7401 et seq.) and 40 CFR 63.91 of Connecticut's mechanism for 
receiving authorization to implement section 112 standards for part 70 
sources that are unchanged from the federal standards as promulgated. 
Section 112 of the CAA provides for the control of air toxics emissions 
through the issuance of federal National Emission Standards for 
Hazardous Air Pollutants. EPA's approval was contingent on Connecticut 
making an amendment to its authority for enforcing federal standards. 
The state made the necessary changes to its statute. See section 22(a)-
174(c), as amended by Public Act 97-124 section 4. The legislation, a 
copy of which can be found in the docket, became effective on October 
1, 1997. The NPR also proposed using the same mechanism to authorize 
state implementation of future NSPS standards that are unchanged from 
40 CFR part 60. The authorization mechanism does not cover sources 
which do not obtain a Title V permit.
    Section 112(l) of the Clean Air Act, as inserted by the 1990 CAA 
amendments, authorizes EPA to approve state or local air pollution 
control agencies to implement and enforce the standards set out in 40 
CFR parts 61 and 63, National Emission Standards for Hazardous Air

[[Page 19923]]

Pollutants for Source Categories. On November 26, 1993, EPA promulgated 
regulations, codified at 40 CFR part 63, subpart E, establishing 
procedures for EPA's approval of state rules or programs under section 
112(l) (see 58 FR 62262).
    Any request for approval under CAA section 112(l) must meet the 
approval criteria in 112(l)(5) and 40 CFR part 63, subpart E. To 
streamline the approval process for future applications, a state or 
local agency may submit a one-time demonstration that it has adequate 
authorities and resources to implement and enforce any CAA section 112 
standards. See 40 CFR 63.90 (introduction) and 63.91(a). If such 
demonstration is approved, then the state or local agency would no 
longer need to resubmit a demonstration of these same authorities and 
resources for every subsequent request for authorization to implement 
CAA section 112 standards. However, EPA maintains the authority to 
withdraw its approval if the does not adequately implement or enforce 
an approved rule or program. See 40 CFR 63.96.
    Other specific requirements and the rationale for EPA's proposed 
action were explained in the NPR and will not be restated here. No 
public comments were received on the NPR.

II. Final Action

    EPA is approving a mechanism that will allow Connecticut to accept 
authorization to implement CAA sections 111 and 112. EPA is also 
reconfirming previously authorized parts 60 and 61 standards as 
indicated in Table I. Although EPA reserves its right, pursuant to 40 
CFR 63.96, to review the appropriateness of any future authorization 
request, EPA will not institute any additional comment periods on 
future authorization actions.
    This authorization will give Connecticut the primary implementation 
and enforcement responsibility of 40 CFR parts 60, 61 and 63 standards 
for sources that obtain a Title V permit. However, EPA still retains 
the right, pursuant to CAA sections 111(c) and 112(l)(7), to enforce 
any applicable emission standard or requirement under CAA sections 111 
or 112. In addition, EPA is not authorizing Connecticut to implement 
any authorities that require approval rulemaking in the Federal 
Register, or where Federal overview is the only way to ensure national 
consistency in the application of the standards or requirements of CAA 
sections 111 or 112.

III. Administrative Requirements

A. Executive Order 12866

    Under Executive Order 12866, (58 Federal Register 51,735 (October 
4, 1993)) the Agency must determine whether the regulatory action is 
``significant'' and therefore subject to OMB review and the 
requirements of the Executive Order. The Order defines ``significant 
regulatory action'' as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Executive Order 13045

    This final rule is not subject to E.O. 13045, entitled ``Protection 
of Children from Environmental Health Risks and Safety Risks,'' because 
it is not an ``economically significant'' action under E.O. 12866.

C. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because authorizing Connecticut to 
implement standards developed

[[Page 19924]]

under sections 111 and 112 of the CAA does not create any new 
requirements, but simply allows the state to implement the standards. 
Therefore, because an authorization of NSPS or MACT standard does not 
impose any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.

F. 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 , 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, local, or tribal governments in the 
aggregate, or to the private sector. This Federal approves action the 
State of Connecticut to implement pre-existing requirements under state 
law, and imposes no new requirements. Accordingly, no additional costs 
to state, local, or tribal governments, or to the private sector, 
result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

H. 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 June 22, 1999. 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 63

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

    Authority: This action is issued under the authority of sections 
111 and 112 of the Clean Air Act, as amended, 42 U.S.C. 7412.

    Dated: April 6, 1999.
John P. DeVillars,
Regional Administrator, Region I.

                          Table to the Preamble
 [Authorization of Connecticut to implement part 60 and 61 standards as
they apply to sources with permits under Connecticut's Title V Operating
                            Permits Program]
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------------------------------------------------------------------------
                      Part 60--Subpart Categories
------------------------------------------------------------------------
D.....................  Fossil-Fuel Fired Steam Generators
Da....................  Electric Utility Steam Generators
Db....................  Industrial-Commercial-Institutional Steam
                         Generating Units
Dc....................  Small Industrial Commercial Institutional Steam
                         Generating Units
E.....................  Incinerators
Ea....................  Municipal Waste Combustors
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
Kb....................  Volatile Organic Liquid Storage Tanks
L.....................  Secondary Lead Smelters
M.....................  Secondary Brass and Bronze Production Plants
N.....................  Basic Oxygen Process Furnaces Primary Emissions
Na....................  Basic Oxygen Process Steelmaking--Secondary
                         Emissions
O.....................  Sewage Treatment Plants
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
AA....................  Steel Plants--Electric Arc Furnaces
CC....................  Glass Manufacturing Plants
EE....................  Surface Coating of Metal Furniture
GG....................  Stationary Gas Turbines
HH....................  Lime Manufacturing Plants
LL....................  Metallic Mineral Processing Plants
QQ....................  Graphic Arts--Rotogravure Printing

[[Page 19925]]

 
RR....................  Tape and Label Surface Coatings
SS....................  Surface Coating: Large Appliances
TT....................  Metal Coil Surface Coating
UU....................  Asphalt Processing Roofing
VV....................  Equipment Leaks of VOC in SOCMI
WW....................  Beverage Can Surface Coating
XX....................  Bulk Gasoline Terminals
BBB...................  Rubber Tire Manufacturing
DDD...................  VOC Emissions from Polymer Manufacturing
                         Industry
FFF...................  Flexible Vinyl and Urethane Coating and Printing
GGG...................  Equipment Leaks of VOC in Petroleum Refineries
HHH...................  Synthetic Fiber Production
III...................  VOC from SOCMI Air Oxidation Unit
JJJ...................  Petroleum Dry Cleaners
NNN...................  VOC from SOCMI Distillation
OOO...................  Nonmetallic Mineral Plants
SSS...................  Magnetic Tape Coating
TTT...................  Surface Coating of Plastic Parts for Business
                         Machines
VVV...................  Polymeric Coating of Supporting Substrates
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                       Part 61--Subpart Categories
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C.....................  Beryllium
D.....................  Beryllium--Rocket Motor
E.....................  Mercury
F.....................  Vinyl Chloride
J.....................  Equip Leaks of Benzene
M.....................  Asbestos
N.....................  Arsenic--Glass Manufacturing
Q.....................  Radon--DOE Facilities
V.....................  Equip Leaks (Fugitive Emission Sources)
Y.....................  Benzene Storage Vessels
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[FR Doc. 99-9472 Filed 4-22-99; 8:45 am]
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