[Federal Register Volume 65, Number 33 (Thursday, February 17, 2000)]
[Notices]
[Pages 8140-8141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3853]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6539-1]


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: On September 23, 1998, the Environmental Protection Agency 
(EPA)

[[Page 8141]]

announced in the Federal Register that it would implement section 
112(g) of the Clean Air Act and the provisions of 40 CFR part 63, 
subpart B, in Connecticut and Massachusetts for one year starting on 
June 29, 1998. This program requires pre-construction permits 
reflecting 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. With this document, 
EPA-New England announces that it will continue to implement the 
section 112(g) program for the State of Connecticut and the 
Commonwealth of Massachusetts until December 29, 2000, or the effective 
date of the state section 112(g) program, whichever is earlier. In each 
state, the state will issue pre-construction permits reflecting these 
requirements to the extent allowed by state law and subject to EPA's 
written concurrence. To the extent the state lacks authority to issue 
such permits, EPA will issue the case-by-case MACT determination.

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) 918-1656 or E-mail 
[email protected], Office of Ecosystem Protection, One Congress 
Street, Suite 1100 (CAP) Boston, MA, 02114-2023.

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). 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 limited period. As promulgated in 
1996, the EPA regional office was allowed to implement the program for 
no more than one year from June 29, 1998. Under this provision, EPA-New 
England, Connecticut Department of Environmental Protection (CT DEP) 
and Massachusetts Department of Environmental Protection (MA DEP) 
agreed that EPA would implement the 112(g) program for this limited 
period as announced in the Federal Register on September 23, 1998. 
Subsequently, on June 30, 1999 (64 FR 35029), EPA amended the rule by 
providing a longer time period (up to 30 months) during which the EPA 
Regional Administrator may determine MACT emission limitations on a 
case-by-case basis, if the permitting authority has not yet established 
procedures requiring MACT on constructed or reconstructed major 
sources. With this document, EPA-New England, CT DEP and MA DEP extend 
the period under which the regional office will implement this program. 
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). The application should be submitted to EPA-New 
England at the address given above and to the appropriate state office.
    In Connecticut, where the CT DEP has the authority to issue a pre-
construction permit to a constructed or reconstructed source under the 
Regulations of Connecticut State Agencies (RSCA), CT DEP will issue the 
Notice of MACT approval to those subject sources after EPA concurs in 
writing on the MACT determination. Where existing authority under 
Connecticut regulations does not provide for such determinations, EPA-
New England will issue the Notice of MACT approval.
    In Massachusetts, where the MA DEP has the authority to issue a 
pre-construction permit to a constructed or reconstructed source under 
Massachusetts regulations, Plan Approval 310 CMR 7.02(2), MA DEP will 
issue the Notice of MACT approval to those subject sources after EPA 
concurs in writing on the MACT determination. Where existing authority 
under Massachusetts regulations does not provide for such 
determinations, EPA-New England 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 (section 
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 
(section 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 (section 
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 or adopted a presumptive MACT for the relevant source category, 
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 (section 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: February 3, 2000.
Mindy S. Lubber,
Acting Regional Administrator, EPA-New England.
[FR Doc. 00-3853 Filed 2-16-00; 8:45 am]
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