[Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)]
[Rules and Regulations]
[Pages 11556-11560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6781]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MA-19-1-6648a; A-1-FRL-5436-3]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Emission Statements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving Massachusetts' revised 310 CMR 7.12,
``Inspection Certificate, Record Keeping and Reporting'' and
incorporating it into Massachusetts' SIP. EPA received revisions to the
Massachusetts SIP revising 310 CMR 7.12 on three separate occasions
however, EPA is addressing all three submissions in this action. These
revisions to 310 CMR 7.12 streamline and clarify the permitting process
and address the Clean Air Act's emission statement program requirement.
This action is being taken in accordance with the Clean Air Act.
DATES: This action is effective May 20, 1996, unless, notice is
received by April 22, 1996, that adverse or critical comments will be
submitted. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Comments may be mailed to Susan Studlien, Acting Director,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment
[[Page 11557]]
at the Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region I, One Congress Street, 10th
floor, Boston, MA and the Division of Air Quality Control, Department
of Environmental Protection, One Winter Street, Boston, MA.
FOR FURTHER INFORMATION CONTACT: David Conroy, (617) 565-3254.
SUPPLEMENTARY INFORMATION:
I. Background
The air quality planning and State Implementation Plan (SIP)
requirements for ozone nonattainment and transport area are set out in
subparts I and II of part D of Title I of the Clean Air Act, as amended
by the Clean Air Act Amendments of 1990 (CAA or ``the Act''). EPA has
published a ``General Preamble'' describing EPA's preliminary views on
how EPA intends to review SIP's and SIP revisions submitted under Title
I of the CAA, including those State submittals for ozone transport
areas within the States {see 57 FR 13498 (April 16, 1992) [``SIP:
General Preamble for the Implementation of Title I of the Clean Air Act
Amendments of 1990''], 57 FR 18070 (April 28, 1992) [``Appendices to
the General Preamble''], and 57 FR 55620 (November 25, 1992) [``SIP:
NOX Supplement to the General Preamble'']}.
EPA has also issued a draft guidance document describing the
requirements for the emission statement programs discussed in this
Notice, entitled ``Guidance on the Implementation of an Emission
Statement Program'' (July, 1992). The Agency is also conducting a
rulemaking process to modify part 40 of the CFR to reflect the
requirements of the emission statement program.
Section 182 of the Act sets out a graduated control program for
ozone nonattainment areas. Section 182(a) sets out requirements
applicable in marginal nonattainment areas, which are also made
applicable in subsections (b), (c), (d), and (e) to all other ozone
nonattainment areas. Among the requirements in section 182(a) is a
program in paragraph (3)(B) of that subsection for stationary sources
to prepare and submit to the State each year emission statements
showing actual emissions of volatile organic compounds (VOC) and
nitrogen oxides (NOX). This paragraph provides that the States are
to submit a revision to their State Implementation Plans (SIPs) by
November 15, 1992 establishing their emission statement program.
Section 184(b)(2) of the Act extends the requirements for major
stationary sources in moderate ozone nonattainment areas to sources in
the ozone transport region which emit, or have the potential to emit,
50 tpy or more of VOC. Section 182(f) extends the requirements for
major stationary sources of VOC in ozone transport regions to major
sources of NOX. For areas designated as attainment or
nonattainment areas which are not classified, Section 182(f) refers to
Section 302 where the major source definition for NOX is the
potential to emit 100 tons per year. Therefore, the emission statement
requirement encompasses all stationary sources in all classified
nonattainment areas, as well as sources in attainment areas and
unclassified nonattainment areas within ozone transport regions, which
emit or have the potential to emit 100 tpy or more of NOX or 50
tpy or more of VOC.
Massachusetts is located in the ozone transport region and is a
classified ozone nonattainment area. Therefore, Massachusetts is
subject to the more stringent source threshold requirement of
182(a)(3)(B). Massachusetts' source thresholds of the emission
statement regulation must cover all sources which emit VOC or NOX.
For classified ozone nonattainment areas, the States may waive,
with EPA approval, the requirement for an emission statement for
classes or categories of sources with less than 25 tons per year of
actual plant-wide NOX or VOC emissions in nonattainment areas if
the class or category is included in the base year and periodic
inventories and emissions are calculated using emission factors
established by EPA (such as those found in EPA publication AP-42) or
other methods acceptable to EPA. Massachusetts has provided a 1990
baseyear inventory which includes emissions from sources that emit
below 25 tpy of VOC or NOX emissions and will be updating this
inventory every three years until the area is redesignated to
attainment. In addition, the methods and emission factors used by
Massachusetts to calculate emissions for the 1990 baseyear inventories
have been reviewed by EPA. As a result, EPA finds the 25 tpy threshold
acceptable.
Additionally, if either VOC or NOX is emitted at or above the
statutory reporting level, the other pollutant must be included in the
emission statement, even if it is emitted at levels below the specified
cutoffs.
The CAA requires that States' rules specify that facilities must
submit the first emission statement to the State within three years
after November 15, 1990, and annually thereafter. EPA requests that the
States submit the emission data to EPA through the Aerometric
Information Retrieval System (AIRS). The minimum emission statement
data should include: certification of data accuracy; source
identification information; operating schedule; emissions information
(including annual and typical ozone season day emissions); control
equipment information; and process data. EPA developed emission
statements data elements to be consistent with other source and State
reporting requirements. This consistency is essential to assist States
with quality assurance for emission estimates and to facilitate
consolidation of all EPA reporting requirements.
II. Analysis of State Submission
A. Procedural Background
The Act requires States to observe certain procedural requirements
in developing its SIP, of which the emission statement program will
become a part. Section 110(l)(2) of the Act provides that each revision
to an implementation plan submitted by a State under the CAA must be
adopted by such State after reasonable notice and public hearing. EPA
must at the outset determine whether a submittal is complete and
therefore warrants further EPA review and action (see Section 110(k)(1)
and 57 FR 13565). EPA's completeness criteria for SIP submittals are
set out at 40 CFR Part 51, Appendix V (1991), as amended by 57 FR 42216
(August 26, 1991).
On July 15, 1994, EPA received the SIP submittal of amendments to
310 CMR 7.12 addressing emission statement requirements. The amendments
were adopted by Massachusetts on June 29, 1994 and became effective on
July 1, 1994. Hearings were held on May 6, 10, 11, and 13, 1994. EPA
deemed the submittal complete on July 15, 1994 and the sanctions clocks
were stopped. However, the February 21, 1993 finding also triggered the
Federal Implementation Plan (FIP) clock. EPA has remained obligated to
promulgate a FIP clock until this final rulemaking action is taken.
Therefore, the FIP clock is stopped on the effective date of this final
rulemaking action approving Massachusetts' emission statement program.
B. Components of the Emission Statement Program
There are several key general and specific components of an
acceptable emission statement program. Specifically, the State must
submit a revision to its SIP and the emission statement program must
meet the
[[Page 11558]]
minimum requirements for reporting by the sources and the State. In
general, the program must include, at a minimum, provisions for
applicability, definitions, compliance, and specific source
requirements detailed below.
1. SIP Revision Submission
EPA requires States to submit their SIP revision within 2 years of
enactment of the Clean Air Act Amendments of 1990 (CAAA) (November 15,
1990).
Massachusetts was notified in a letter dated January 15, 1993, that
if the emission statement submittal was not received by February 21,
1993, a finding of failure to submit will automatically be made. Since
Massachusetts did not submit the SIP revision until July 15, 1994,
findings were made. EPA reviewed the submittal and deemed it complete
on July 15, 1994. Therefore, the sanctions clock was stopped. However,
the February 21, 1993 finding also triggered the Federal Implementation
Plan (FIP) clock. EPA has remained obligated to promulgate a FIP until
this final rulemaking action is taken. Therefore, the FIP clock is
stopped on the effective date of this final rulemaking action approving
the emission statement program.
2. Reporting Requirements for State
In addition to the program elements applying to sources, the SIP
should include a provision that States provide to EPA the identifying
information for the sources covered by the emission statement program,
the value for rule effectiveness utilized by the State in its SIP
calculations, the source data elements entered into AIRS, and quarterly
emission statement status reports. The minimum source identification
information should include the AIRS code, the AFS point number (ID),
the AFS segment number (ID), and the Source Category Code (SCC) and
descriptions for each segment.
In addition, States should supply to EPA the current rule
effectiveness (RE) factors at the SCC pollutant level, if applicable,
and the RE method codes. The emission statement data submittal to AIRS
should include all data obtained from the source and the State. These
source-supplied data elements include source identification information
(name, physical location, mailing address of the facility, latitude and
longitude, and 4-digit Standard Industrial Classification (SIC)
code(s)), operating schedule information (percentage annual throughput,
days per week on the normal operating schedule, hours per day during
the normal operating schedule, and hours per year on the normal
operating schedule), process rate data (annual process rate (annual
throughput) and peak ozone season daily process rate), control
equipment information (current primary and secondary control equipment
identification codes and current combined control equipment efficiency
(%)), and emissions information (estimated actual VOC and NOX
emissions at the segment level (in tons per year for an annual emission
rate and pounds per day for a typical ozone season day), estimated
emissions method code, calendar year for the emissions, and emission
factor (if used)). EPA recommends that the States electronically submit
emission statement data into the AIRS database no later than July 1 of
each year, commencing in 1993. The quarterly reports should show the
total number of facilities that met the State's emission statements
program requirements and the number of facilities that failed to meet
the requirements. Quarterly reports should be submitted commencing no
later than July 1, 1993.
The July 15, 1994 submittal did not fully meet the data element
requirement for an approvable emission statement program. EPA notified
Massachusetts with a list of data elements that Massachusetts needed to
add to the source registration forms for EPA to approve its emission
statement program. Massachusetts assured EPA in a letter, dated
December 30, 1994, that the data elements were being incorporated into
the source registration forms. Massachusetts' source registration forms
do require all the EPA required data elements. The uploading of
emission statement information to AIRS, by July 1 of each year, is a
grant condition that EPA has negotiated with Massachusetts.
3. Sources Covered
Section 182(a)(3)(B) requires that States with areas designated as
nonattainment for ozone require emission statement data from sources of
VOC or NOX in the nonattainment areas. This requirement applies to
all classified ozone nonattainment areas, regardless of the
classification (Marginal, Moderate, etc.). Section 184(b)(2) of the Act
extends the requirements for major stationary sources in moderate ozone
nonattainment areas to sources in the ozone transport region. Section
182(f) extends the requirements for major stationary sources of VOC in
ozone transport regions to major sources of NOX. Therefore, the
emission statement requirement encompasses all stationary sources in
all classified nonattainment areas, as well as sources in attainment
areas and unclassified nonattainment areas within ozone transport
regions, which emit or have the potential to emit 100 tpy or more of
NOX or 50 tpy or more of VOC.
The States may waive, with EPA approval, the requirement for
emission statements for classes or categories of sources with less than
25 tons per year of actual plant-wide NOX or VOC emissions in
nonattainment areas if the class or category is included in the base
year and periodic inventories. Massachusetts emission statement
regulations have exempted sources with VOC and NOX emissions below
25 tpy from emission statement requirements. Massachusetts has provided
1990 baseyear inventories which include emissions from sources that
emit 25 tpy of VOC or NOX and will be updating these inventories
every three years until the area is redesignated to attainment. In
addition, the methods and emission factors used by Massachusetts to
calculate emissions for the 1990 baseyear inventory have been reviewed
by EPA. As a result, EPA finds the 25 tpy threshold acceptable.
The entire state of Massachusetts is designated as nonattainment
for ozone and is located within the boundaries of the ozone transport
region. 310 CMR 7.12(1)(b) states that information required by 310 CMR
7.12(1)(a) shall be submitted annually for any facility having actual
emissions greater than or equal to:
(1) Volatile organic compounds, 25 tpy
(2) Nitrogen oxides, 25 tpy
(3) Any other pollutant regulated under the Act, 100 tpy and once
every three years for all other facilities.
4. Reporting Requirements for Sources
Sources covered by the State emission statement program will
submit, at a minimum, the data elements described under section II.B.2
of this notice.
The emission statement submitted by the source will contain a
certification that the information is accurate to the best knowledge of
the individual certifying the statement. EPA recommends that the State
program require the submission of the data from the sources no later
than April 15 of each year.
Massachusetts sends a cover letter accompanying the emission
statement forms to the facilities. The cover letter, included in the
SIP submittal, requires that the forms be completed using data
pertaining to the facility's operations during calendar year 1993 and
returned to DEP no later than June 1, 1994. EPA is approving this
submittal date since the Emission Statement Workgroup is
[[Page 11559]]
proposing to require States to submit emission statement data to AIRS
by November 15 rather than July 1. Massachusetts will have sufficient
time to submit data to AIRS by November 15 if sources submit emission
statements by June 1.
5. Reporting Forms
Although EPA has developed a proposed format for the emission
statement reporting process in its guidance document, the Act allows
States to develop their own format for emission statement reporting.
Massachusetts provides the sources with Source Registration/
Emission Statement forms. On December 30, 1994, Massachusetts sent a
letter notifying EPA that the current Source Registration/Emission
Statement forms are being modified in format to provide to industry a
summary of the data in the DEP SSEIS (and EPA AIRS) system as a basis
for update and certification of emissions. In addition, the letter
included data elements that had been added or are in the process of
being added to the forms.
III. Final Action
EPA is approving Massachusetts' revised 310 CMR 7.12, ``Inspection
Certificate, Record Keeping and Reporting'' and incorporating it into
Massachusetts' SIP. EPA is publishing this action without prior
proposal because the Agency views this as a noncontroversial amendment
and anticipates no adverse comments. However, in a separate document in
this Federal Register publication, EPA is proposing to approve the SIP
revision should adverse or critical comments be filed. This action will
be effective May 20, 1996, unless adverse or critical comments are
received by April 22, 1996.
If the EPA receives such comments, this action will be withdrawn
before the effective date by simultaneously publishing a subsequent
notice that will withdraw the final action. All public comments
received will then be addressed in a subsequent final rule based on
this action serving as a proposed rule. The EPA will not institute a
second comment period on this action. Any parties interested in
commenting on this action should do so at this time. If no such
comments are received, the public is advised that this action will be
effective on May 20, 1996.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. Secs. 603 and
604. Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 182(a)(3)(B) of
the Clean Air Act. These rules may bind State, local and tribal
governments to perform certain actions and also require the private
sector to perform certain duties. To the extent that the rules being
approved by this action will impose no new requirements; such sources
are already subject to these regulations under State law. Accordingly,
no additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from review under Executive Order
12866.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on small entities. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410 (a)(2).
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State Implementation Plan. Each request for revision to
the State Implementation Plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
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 May 20, 1996. 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 52
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Oxides of nitrogen,
Reporting and recordkeeping requirements, Volatile organic compounds.
Notes: Incorporation by reference of the State Implementation
Plan for the State of Massachusetts was approved by the Director of
the Federal Register on July 1, 1982.
Dated: September 18, 1995.
John P. DeVillars,
Regional Administrator, Region I.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart W--Massachusetts
2. Section 52.1120 is amended by adding paragraph (c)(106) to read
as follows:
Sec. 52.1120 Identification of plan.
* * * * *
(c) * * *
(106) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 28, 1990,
September 30, 1992, and July 15, 1994.
[[Page 11560]]
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated June 28, 1990, submitting a revision to the
Massachusetts State Implementation Plan.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated September 30, 1992, submitting a revision to the
Massachusetts State Implementation Plan.
(C) Letter from the Massachusetts Department of Environmental
Protection, dated July 15, 1994, submitting a revision to the
Massachusetts State Implementation Plan.
(D) Regulation 310 CMR 7.12 entitled ``Inspection Certification
Record Keeping and Reporting'' which became effective on July 1, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of submittal.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated December 30, 1994, assuring EPA that the data
elements noted in EPA's December 13, 1994 letter were being
incorporated into the source registration forms used by Massachusetts
emission statement program.
(ii) Additional materials.
(A) Nonregulatory portions of submittal.
* * * * *
3. In Sec. 52.1167 Table 52.1167 is amended by adding new state
citations for entry 310 CMR 7.12 to read as follows:
Sec. 52.1167 EPA--approved Massachusetts State regulations
* * * * *
Table 52.1167--EPA--Approved Massachusetts Regulations
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Date Comments/
State citation Title/subject submitted Date approved by EPA Federal Register citation 52.1120(c) unapproved
by State sections
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* * * * * * *
310 CMR 7.12............ Inspection Certificate 6/28/90; 9/ March 21, 1996............. 61 FR 1559............... 106 The 6/28/90 and 9/
Record Keeping and 30/92; 7/ 30/92 submittals
Reporting. 15/94 deal with the
permitting
process. The 7/15/
94 submittal
develops 7.12 to
comply with
emission
statement
requirements.
* * * * * * *
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[FR Doc. 96-6781 Filed 3-20-96; 8:45 am]
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