[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3827-3832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2248]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[AD-FRL-5405-5]
Clean Air Act Interim Approval of Operating Permits Program;
Delegation of Section 112 Standards; Commonwealth of Massachusetts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is promulgating interim approval of the Operating
Permits Program submitted by the Commonwealth of Massachusetts 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. EPA is also approving the Commonwealth's
authority to implement hazardous air pollutant requirements.
DATES: This action is effective April 2, 1996 unless notice is received
by March 4, 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 should be addressed to Ida E. Gagnon, Air Permits,
APO, U.S. Environmental Protection Agency, Region I, JFK Federal
Building, Boston, MA 02203-2211.
Copies of the State's submittal and other supporting information
relevant to this action are available for inspection during normal
business hours at the following location: U.S. Environmental Protection
Agency, Region 1, One Congress Street, 10th floor, Boston, MA 02203.
FOR FURTHER INFORMATION CONTACT: Ida E. Gagnon, Air Permits, APO, U.S.
Environmental Protection Agency, Region 1, JFK Federal Building,
Boston, MA 02203-2211, (617) 565-3500.
SUPPLEMENTARY INFORMATION:
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. If EPA has not fully approved a program by 2
years after the November 15, 1993 date, or by the end of an interim
program, it must establish and implement a Federal program. EPA is
publishing this action without prior proposal because the Agency views
this as a noncontroversial program and anticipates no adverse comments.
However, in a separate document in the Federal Register publication,
EPA is proposing interim approval of the Operating Permit Program
submitted by the Commonwealth of Massachusetts should adverse or
critical comments be filed. This action will be effective April 2, 1996
unless adverse or critical comments are received by March 4, 1996.
If EPA receives such comments, this action will be withdrawn before
the effective date by simultaneously publishing a subsequent document
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 April 2, 1996.
B. Federal Oversight and Sanctions
When EPA promulgates this interim approval, it will extend for two
years following the effective date, and cannot be renewed. During the
interim approval period, the Commonwealth of Massachusetts is protected
from sanctions, and EPA is not obligated to promulgate, administer and
enforce a Federal permits program for the Commonwealth of
Massachusetts. 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 specified in
section 503(c) of the Act begins upon the effective date of interim
approval, as does the 3-year time period for processing the initial
permit applications.1
\1\ Note that states may require applications to be submitted
earlier than required under section 503(c). See 310 CMR Appendix
C(4)(a).
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Following final interim approval, if the Commonwealth of
Massachusetts fails to submit a complete corrective program for full
approval by the date 6 months before expiration of the interim
approval, EPA will start an 18-month clock for mandatory sanctions. If
the Commonwealth of Massachusetts then fails to submit a corrective
program that EPA finds complete before the expiration of that 18-month
period, EPA will be required to apply one of the sanctions in section
179(b) of the Act, which will remain in effect until EPA determines
that the Commonwealth of
[[Page 3828]]
Massachusetts has corrected the deficiency by submitting a complete
corrective program. If, six months after application of the first
sanction, the Commonwealth of Massachusetts still has not submitted a
corrective program that EPA finds complete, a second sanction will be
required.
If, following final interim approval, EPA disapproves the
Commonwealth of Massachusetts' complete corrective program, EPA will be
required to apply one of the section 179(b) sanctions on the date 18
months after the effective date of the disapproval, unless prior to
that date the Commonwealth of Massachusetts has submitted a revised
program and EPA has determined that it corrected the deficiencies that
prompted the disapproval. If, six months after EPA applies the first
sanction, the Commonwealth of Massachusetts has not submitted a revised
program that EPA has determined corrected the deficiencies that
prompted disapproval, a second sanction will be required.
In addition, discretionary sanctions may be applied where warranted
any time after the end of an interim approval period if the
Commonwealth of Massachusetts has not timely submitted a complete
corrective program or EPA has disapproved a submitted corrective
program. Moreover, if EPA has not granted full approval to a
Commonwealth of Massachusetts 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
Commonwealth of Massachusetts upon interim approval expiration.
II. Action and Implications
A. Analysis of State Submission
1. Support Materials
The Acting Commissioner of the Commonwealth of Massachusetts
(Designee of the Governor) submitted an administratively complete title
V Operating Permits Program (PROGRAM) on April 28, 1995. EPA deemed the
PROGRAM administratively complete in a letter to the Commissioner dated
on June 26, 1995. The PROGRAM submittal includes a description of how
the Commonwealth intends to implement the PROGRAM and legal opinions
from the Attorney General of Massachusetts stating that the laws of the
Commonwealth provide adequate authority to carry out the PROGRAM. The
submittal additionally contains evidence of proper adoption of the
PROGRAM regulations, permit application forms, a data management system
and a fee adequacy demonstration.
2. Regulations and Program Implementation
The Commonwealth of Massachusetts has submitted 310 CMR 7.00
Appendix C entitled ``Operating Permit Program'' for implementing the
State part 70 program as required by 40 CFR 70.4(b)(2). Sufficient
evidence of procedurally correct adoption is included in part b of the
submittal.
The Massachusetts operating permits regulations follow part 70 very
closely. The following requirements, set out in EPA's part 70 operating
permits program review are addressed in Part B of the Commonwealth's
submittal.
The Massachusetts PROGRAM, including the operating permit
regulations, substantially meets the requirements of 40 CFR 70.2 and
70.3 with respect to applicability; Secs. 70.4, 70.5 and 70.6 with
respect to permit content and operational flexibility; Sec. 70.5 with
respect to complete application forms and criteria which define
insignificant activities; Secs. 70.7 and 70.8 with respect to public
participation, minor permit modifications, and review by affected
states and EPA; and Sec. 70.11 with respect to requirements for
enforcement authority.
Part 70 of the operating permits regulation requires prompt
reporting of deviations from the permit requirements. Section
70.6(a)(3)(iii)(B) requires the permitting authority to define prompt
in relation to the degree and type of deviation likely to occur and the
applicable requirements. The Commonwealth of Massachusetts has not
defined ``prompt'' in its program with respect to reporting of
deviations. Although the permit program regulations should define
prompt for purposes of administrative efficiency and clarity, an
acceptable alternative is to define prompt in each individual permit.
The EPA believes that prompt should generally be defined as requiring
reporting within two to ten days of the deviation. Two to ten days is
sufficient time in most cases to protect public health and safety as
well as to provide a forewarning of potential problems. For sources
with a low level of excess emissions, a longer time period may be
acceptable. However, prompt reporting must be more frequent than the
semiannual reporting requirement, given this is a distinct reporting
obligation under Sec. 70.6(a)(3)(iii)(A). Where ``prompt'' is defined
in the individual permit but not in the program regulations, EPA may
veto permits that do not contain sufficiently prompt reporting of
deviations.
EPA is granting interim approval for the Massachusetts program
rather than full approval. Pursuant to section 502(g) of the Act,
Massachusetts would be authorized to implement the interim program for
a period of two years following EPA's final interim approval of the
program. There are four technical mistakes in the PROGRAM regulation
that could confuse the regulated community concerning DEP's intent in
implementing the PROGRAM. When Massachusetts makes the following
changes EPA will grant the PROGRAM full approval:
1. In Appendix C(8)(b)4., the program regulation extends the permit
shield to all administrative amendments, including those that receive
no public or EPA review. EPA's rule extends the permit shield only to
those administrative amendments that have previously been reviewed in
an ``enhanced'' new source review program with requirements
substantially equivalent to the significant permit modification
process. 40 CFR 70.7(d)(4). The permit shield should not extend to all
administrative amendments. This is a technical error in the PROGRAM
regulation and DEP has agreed to delete this section of their
regulations.
2. In Appendix C(7)(b)3.e., the program regulation provides that a
notice of an operational flexibility change made pursuant to an intra-
facility emissions trading plan may include notice of ``[a]ny permit
term or condition that is no longer applicable as a result of the
change.'' Changes made pursuant to an intra-facility emissions trading
plan must be provided for in the permit, and such plans provide no
authority to render permit conditions inapplicable through a simple
notice. 40 CFR 70.4(b)(12)(iii)(A). The DEP agrees with this
interpretation. It does not intend during the interim program to allow
sources to violate conditions of the permit using a notice under a
trading plan. Therefore, DEP has agreed to remove this section of their
regulation.
3. In Appendix C(4)(a)5., the program regulation requires ``new
construction'' to apply for an operating permit within one year of
commencing operation, but it does not clearly cover sources that become
major without any new construction, for example by relaxing an
emissions cap in a restricted emission status (RES) plan approval. EPA
and DEP agree that such sources are subject to the program, and that it
is the intent of DEP's regulations to require such facilities to apply
within a year of becoming major sources during the
[[Page 3829]]
interim program. DEP has agreed to revise this provision to clarify the
intent of this requirement.
4. In Appendix C(8)(a)2.b., the program regulation prohibits any
relaxation of monitoring, reporting, or recordkeeping from qualifying
as a minor permit modification. Additionally, in Appendix C(8)(a)3.c.,
the program regulation requires any significant change to such permit
terms to be processed as a significant permit modification. EPA's rule
prohibits all significant changes to monitoring, reporting, or
recordkeeping, whether or not they are characterized as a relaxation,
from being processed as a minor permit modification, because it is
often impossible to tell in advance whether a proposed significant
monitoring change is in fact a relaxation. 40 CFR 70.7(e)(2)(i)(2). DEP
interprets the requirement in its significant permit modification
procedures to be paramount and to require any significant change to
monitoring, etc., to be handled as a significant permit modification,
consistent with EPA's permit modification procedures. DEP has agreed to
revise the operating permit regulations to clarify this matter.
The complete program submittal and the Technical Support Document
(TSD) dated November 6, 1995 entitled ``Technical Support Document--
Massachusetts Operating Permits Program'' are available in the docket
for review. The TSD includes a detailed analysis, including a program
checklist, of how the Commonwealth's program and regulations compare
with EPA's requirements and regulations. The TSD also includes several
important representations from DEP concerning its interpretation of the
intent of their program regulations, on which EPA is relying in finding
the Commonwealth's program substantially equivalent to federal
requirements.
3. Permit Fee Demonstration
Section 502(b)(3) of the Act requires that each permitting
authority collect fees sufficient to cover all reasonable direct and
indirect costs required to develop and administer its title V operating
permit program. Each title V program submittal must contain either a
detailed demonstration of fee adequacy or a demonstration that the fees
collected exceed $25 per ton of actual emissions per year, adjusted
from the August, 1989 consumer price index. The $25 per ton was
presumed by Congress to cover all reasonable direct and indirect costs
to an operating permit program. This minimum amount is referred to as
the ``presumptive minimum.''
Massachusetts has opted to make a presumptive minimum fee
demonstration. In the fee regulation, the Commonwealth proposes a fee-
for-service methodology for calculating the operating permit program
fees for the first four years of the program. This fee is equivalent to
at least the part 70 presumptive minimum fee of $25 per ton of
regulated air pollutants, adjusted per the consumer price index (CPI).
This rate is based on emissions of regulated pollutants excluding
carbon monoxide (CO) capped at 4000 tons per year per pollutant. Using
Massachusetts' fee-for-service approach, the Commonwealth will collect
from $33.84 to $34.50 per ton annually via application and compliance
assurance fees. Massachusetts' average rate is above the presumptive
minimum adjusted by the CPI.
Therefore, Massachusetts has demonstrated that the state is
collecting sufficient permit fees to meet EPA's presumptive minimum
criteria. For more information, see part G of Massachusetts' title V
program.
4. Provisions Implementing the Requirements of Other Titles of the Act
a. Authority and/or Commitments for Section 112 Implementation.
Massachusetts has demonstrated in its title V program submittal
adequate legal authority to implement and enforce all section 112
requirements for hazardous air pollutants through the title V permit.
This legal authority is contained in Massachusetts' enabling
legislation and in regulatory provisions defining ``applicable
requirements'' and stating that the permit must incorporate all
applicable requirements. EPA has determined that this legal authority
is sufficient to allow Massachusetts to issue permits that assure
compliance with all section 112 requirements.
Therefore, EPA will consider that the State of Massachusetts' legal
authority is sufficient to allow the State to issue permits that assure
compliance with all section 112 requirements, and to carry out all
section 112 activities. For further rationale on this interpretation,
please refer to the Technical Support Document referenced above and the
April 13, 1993 guidance memorandum titled ``Title V Program Approval
Criteria for Section 112 Activities,'' signed by John Seitz.
b. Implementation of 112(g) Upon Program Approval. On February 14,
1995 EPA published an interpretive notice (see 60 FR 8333) that
postpones the effective date of section 112(g) until after EPA has
promulgated a rule addressing that provision. The section 112(g)
interpretive notice explains that EPA is still considering whether the
effective date of section 112(g) should be delayed beyond the date of
promulgation of the Federal rule so as to allow states time to adopt
rules implementing the Federal rule, and that EPA will provide for any
such additional delay in the final section 112(g) rulemaking. Unless
and until EPA provides for such an additional postponement of section
112(g) Massachusetts must be able to implement section 112(g) during
the period between promulgation of the Federal section 112(g) rule and
adoption of implementing State regulations. EPA believes that
Massachusetts can utilize its preconstruction permitting program to
serve as a procedural vehicle for implementing section 112(g) rule and
making these requirements Federally enforceable between promulgation of
the Federal section 112(g) rule and adoption of implementing State
regulations. For this reason, EPA is approving Massachusetts'
preconstruction permitting program found in 310 CMR 7.02 ``Plan
Approval and Emission Limitations'' under the authority of title V and
part 70 solely for the purpose of implementing section 112(g) during
the transition period between title V approval and adoption of a State
rule implementing EPA's section 112(g) regulations.
Since the approval would be for the single purpose of providing a
mechanism to implement section 112(g) during the transition period, the
approval would be without effect if EPA decides in the final section
112(g) rule that sources are not subject to the requirements of the
rule until State regulations are adopted. Also, since the approval
would be for the limited purpose of allowing the State sufficient time
to adopt regulations, EPA is limiting the duration of the approval to
18 months following promulgation by EPA of its section 112(g) rule.
c. Program for Straight Delegation of Sections 111 and 112
Standards. Requirements for operating permit program approval,
specified in 40 CFR 70.4(b), encompass section 112(l)(5) requirements
for approval of a program for delegation of section 112 General
Provision Subpart A and standards as promulgated by EPA as they apply
to part 70 sources. Section 112(l)(5) requires that the State's program
contain adequate authorities, adequate resources for implementation,
and an expeditious compliance schedule, which are also requirements
under part 70. Therefore, the EPA is also granting approval under
section 112(l)(5) and 40 CFR 63.91 of
[[Page 3830]]
the State's program for receiving delegation of section 112 standards
that are unchanged from the Federal standards as promulgated, and
section 112 infrastructure programs such as those programs authorized
under sections 112(i)(5), 112(g), 112(j) and 112(r) to the extent they
apply to sources subject to 310 CMR 7.00 Appendix C. EPA is
reconfirming the 40 CFR part 60 and 61 standards currently delegated to
Massachusetts as indicated in Table I.2 EPA is also reconfirming
delegation of 40 CFR part 60 standards to the extent they apply to
sources subject to 310 CMR 7.00 Appendix C as indicated in Table II. In
addition, EPA is proposing to delegate all future 40 CFR parts 60, 61
and 63 standards to the extent they apply to sources subject to 310 CMR
7.00 Appendix C.3 EPA is delegating the 40 CFR part 63 standards
as indicated in Table III to the extent they apply to sources subject
to 310 CMR 7.00 Appendix C.
\2\ Please note that federal rulemaking is not required for
delegation of section 111 standards.
\3\ The radionuclide National Emission Standards for Hazardous
Air Pollutant (NESHAP) is a section 112 regulation and therefore,
also an applicable requirement under the State operating permits
program for part 70 sources. There is not yet a Federal definition
of ``major'' for radionuclide sources. Therefore, until a major
source definition for radionuclide is promulgated, no source would
be a major section 112 source solely due to its radionuclide
emissions. However, a radionuclide source may, in the interim, be a
major source under part 70 for another reason, thus requiring a part
70 permit. The EPA will work with the State in the development of
its radionuclide program to ensure that permits are issued in a
timely manner.
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Massachusetts has informed EPA that it intends to accept future
delegation of section 111 and 112 standards by checking the appropriate
boxes on a standardized checklist. The checklist will list applicable
regulations and will be sent by the EPA Regional Office to
Massachusetts. Massachusetts will accept delegation by checking the
appropriate box and returning the checklist to EPA Region I. The
details of this delegation mechanism are set forth in the November 28,
1995, Memorandum of Agreement between Massachusetts and EPA. This
program applies to both existing and future standards but is limited to
sources covered by the part 70 program. The original delegation
agreement between EPA and Massachusetts was set forth in a letter from
Kenneth Hagg dated June 25, 1982.
d. Commitment to implement title IV of the ACT. Massachusetts has
committed to take action, following promulgation by EPA of regulations
implementing section 407 and 410 of the Act, or revisions to either
part 72, 74, or 76 or the regulations implementing section 407 or 410,
to either incorporate by reference or submit, for EPA approval,
Massachusetts Department of Environmental Protection (DEP) regulations
implementing these provisions.
B. Final Action
The EPA is promulgating interim approval to the operating permits
program submitted to EPA by the Commonwealth of Massachusetts on April
28, 1995. After promulgation, the Commonwealth must make the changes
listed above to receive full approval. This interim approval, which may
not be renewed, extends for a period of up to 2 years. During the
interim approval period, the Commonwealth is protected from sanctions
for failure to have a program, and EPA is not obligated to promulgate a
Federal permits program in the Commonwealth. Permits issued under a
program with interim approval have full standing with respect to Part
70, and the 1-year time period under the Act for submittal of permit
applications by subject sources begins upon interim approval, as does
the 3-year time period for processing the initial permit applications.
The scope of the Commonwealth of Massachusetts' part 70 program
that EPA is approving in this notice would apply to all part 70 sources
(as defined in the approved program) within the Commonwealth of
Massachusetts, 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).
Requirements for approval, specified in 40 CFR 70.4(b), encompass
section 112(l)(5) requirements for approval of a program for delegation
of section 112 standards as promulgated by EPA as they apply to Part 70
sources. Section 112(l)(5) requires that the State's program contain
adequate authorities, adequate resources for implementation, and an
expeditious compliance schedule, which are also requirements under Part
70. Therefore, the EPA is also granting approval under section
112(l)(5) and 40 CFR 63.91 of the State's program for receiving
delegation of section 112 standards that are unchanged from Federal
standards as promulgated. This program for delegations only applies to
sources covered by the Part 70 program.
III. Administrative Requirements
A. Opportunity for Public Comments
In a related notice in the Proposed Rule section the EPA is
providing an opportunity for comments on all aspects of this final
rule. Copies of the State's submittal and other information relied upon
for the 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 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 record in case of judicial review. The EPA will
consider any comments received by March 4, 1996.
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
[[Page 3831]]
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.
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.
Dated: November 28, 1995.
John P. DeVillars,
Regional Administrator, Region I.
Table I.--Reconfirmation of Part 60 and 61 Delegations
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PART 60 SUBPART CATEGORIES
D.................................... FOSSIL-FUEL FIRED STEAM
GENERATORS.
Da................................... ELECTRIC UTILITY STEAM
GENERATORS.
E.................................... INCINERATORS.
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.
L.................................... SECONDARY LEAD SMELTERS.
M.................................... SECONDARY BRASS AND BRONZE
PRODUCTION PLANTS.
N.................................... BASIC OXYGEN PROCESS FURNACES
PRIMARY EMISSIONS.
O.................................... SEWAGE TREATMENT PLANTS.
P.................................... PRIMARY COPPER SMELTERS.
Q.................................... PRIMARY ZINC SMELTERS.
R.................................... PRIMARY LEAD SMELTERS.
S.................................... PRIMARY ALUMINUM REDUCTION.
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.
Y.................................... COAL PREPARATION PLANTS.
Z.................................... FERROALLOY PRODUCTION FACILITIES.
AA................................... STEEL PLANTS-ELECTRIC ARC
FURNACES.
BB................................... KRAFT PULP MILLS.
CC................................... GLASS MANUFACTURING PLANTS.
DD................................... GRAIN ELEVATORS.
EE................................... SURFACE COATING OF METAL
FURNITURE.
GG................................... STATIONARY GAS TURBINES.
HH................................... LIME MANUFACTURING PLANTS.
KK................................... LEAD-ACID BATTERY MANUFACTURING.
MM................................... AUTO & LIGHT TRUCK SURFACE
COATING OPERATIONS.
NN................................... PHOSPHATE ROCK PLANTS.
PP................................... AMMONIUM SULFATE MANUFACTURING.
QQ................................... GRAPHIC ARTS-ROTOGRAVURE
PRINTING.
RR................................... TAPE AND LABEL SURFACE COATINGS.
SS................................... SURFACE COATING: LARGE
APPLIANCES.
TT................................... METAL COIL SURFACE COATING.
UU................................... ASPHALT PROCESSING ROOFING.
WW................................... BEVERAGE CAN SURFACE COATING.
XX................................... BULK GASOLINE TERMINALS.
FFF.................................. FLEXIBLE VINYL AND URETHAN
COATING AND PRINTING.
HHH.................................. SYNTHETIC FIBER PRODUCTION.
JJJ.................................. PETROLEUM DRY CLEANERS.
PART 61 SUBPART CATEGORIES
C.................................... BERYLLIUM.
D.................................... BERYLLIUM-ROCKET MOTOR.
E.................................... MERCURY.
F.................................... VINYL CHLORIDE.
M.................................... ASBESTOS.
N.................................... ARSENIC-GLASS MANUFACTURING.
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Table II.--Reconfirmation of Part 60 Delegations as They Apply to
Massachusetts Title V Operating Permits Program
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PART 60 SUBPART CATEGORIES
Db................................... INDUSTRIAL- COMMERCIAL-
INSTITUTIONAL STEAM GENERATING
UNIT.
Dc................................... SMALL INDUSTRIAL-COMMERCIAL-
INSTITUTIONAL STEAM GENERATING
UNITS.
Ea................................... MUNICIPAL WASTE COMBUSTORS.
[[Page 3832]]
Kb................................... PETROLEUM LIQUID STORAGE VESSELS
7/23/84.
AAa.................................. ELECTRIC ARC FURNACES AND ARGON-
OXYGEN DECARBURIZATION.
VV................................... EQUIPMENT LEAKS OF VOC IN SOCMI.
DDD.................................. VOC EMISSIONS FROM POLYMER
MANUFACTURING INDUSTRY.
III.................................. VOC FROM SOCMI AIR OXIDATION
UNIT.
NNN.................................. VOC FROM SOCMI DISTILLATION.
OOO.................................. NONMETALLIC MINERAL PLANTS.
PPP.................................. WOOL FIBERGLASS INSULATION.
RRR.................................. VOC EMISSIONS FROM SOCMI PROCESS.
SSS.................................. MAGNETIC TAPE COATING.
TTT.................................. SURFACE COATING OF PLASTIC PARTS
FOR BUSINESS MACHINES.
UUU.................................. CALCINERS & DRYERS IN THE MINERAL
INDUSTRY.
VVV.................................. POLYMERIC COATING OF SUPPORTING
SUBSTRATES.
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Table III.--Delegation of Part 63 Standards as They Apply to
Massachusetts Title V Operating Permits Program
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PART 63 SUBPART CATEGORIES
A.................................... General Provisions.
F.................................... National Emission Standards for
Organic Hazardous Air Pollutants
From the Synthetic Organic
Chemical Manufacturing Industry.
G.................................... National Emission Standards for
Organic Hazardous Air Pollutants
From the Synthetic Organic
Chemical Manufacturing Industry
Process Vents, Storage Vessels,
Transfer Operations, and
Wastewater.
H.................................... National Emission Standards for
Organic Hazardous Air Pollutants
for Equipment Leaks.
I.................................... National Emission Standards for
Organic Hazardous Air Pollutants
for Certain Processes Subject to
the Negotiated Regulation for
Equipment Leaks.
M.................................... National Perchloroethylene Air
Emission Standards for Dry
Cleaning Facilities.
N.................................... National Emission Standards for
Chromium Emissions from Hard and
Decorative Electroplating and
Chromium Anodizing Tanks.
O.................................... Ethylene Oxide Emission Standards
for Sterilization Facilities.
Q.................................... National Emission Standards for
Hazardous Air Pollutants for
Industrial Cooling Towers.
R.................................... National Emission Standards for
Organic Hazardous Air Pollutants
for Source Categories: Gasoline
Distribution (Stage I).
T.................................... National Emission Standards for
Halogenated Solvent Cleaning.
W.................................... National Emission Standards for
Organic Hazardous Air Pollutants
for Epoxy Resins Production and
Non-Nylon Polyamides Production.
X.................................... National Emission Standards for
Organic Hazardous Air Pollutants
from Secondary Lead Smelting.
EE................................... National Emission Standards for
Magnetic Tape Manufacturing
Operations.
------------------------------------------------------------------------
Part 70, title 40 of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Appendix A to part 70 is amended by adding the entry for
Massachusetts in alphabetical order to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Massachusetts
(a) Department of Environmental Protection: submitted on April 28,
1995; interim approval effective on March 4, 1996; interim approval
expires March 2, 1998.
(b) (Reserved)
* * * * *
[FR Doc. 96-2248 Filed 2-1-96; 8:45 am]
BILLING CODE 6560-50-P
