[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Rules and Regulations]
[Pages 2524-2527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-567]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CT-11-1-5813; ME-11-1-6313; RI-10-1-6319; VT-6-1-6312; A-1-FRL-5120-8]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut, Maine, Rhode Island, and Vermont; Emission Statements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving revisions to the respective State
Implementation Plans (SIPs) for the following four States: Connecticut,
Maine, Rhode Island, and Vermont. Revisions to the SIP were submitted
by each of these four States to implement an emission statement program
for stationary sources throughout the State. Connecticut submitted
section 22a-174-4(c)(1), under the section entitled ``Recordkeeping and
Reporting'', and amendments to the SIP narrative entitled ``Revision to
State Implementation Plan for Air Quality Emission Statements'' on
January 12, 1993. On January 3, 1994, Maine submitted Chapter 137,
``Emission Statements'' and amendments to Chapter 100, ``Definitions.''
Rhode Island submitted amendments to Regulation Number 14 entitled
``Record Keeping and Reporting'' on January 12, 1993. On August 9,
1993, Vermont submitted a rule entitled ``Registration of Air
Contaminant Sources,'' sections 5-801 through 5-806, and a SIP
Narrative, ``State of Vermont Air Quality Implementation Plan, February
1993.'' These SIP revisions were submitted by the States to satisfy the
Federal requirements for an emission statement program as part of the
SIP.
EFFECTIVE DATE: This rule will become effective on February 9, 1995.
ADDRESSES: Copies of the States' submittals and other information are
available for inspection during normal business hours, by appointment,
at the following locations: Air, Pesticides and Toxics Management
Division, US Environmental Protection Agency, Region I, One Congress
Street, 10th floor, Boston, MA 02203 and Public Information Reference
Unit, Environmental Protection Agency, 401 M Street, S.W., Washington,
D.C. 20460. In addition, Connecticut's submittal is available at the
Bureau of Air Management, Department of Environmental Protection, State
Office Building, 165 Capitol Avenue, Hartford, CT 06106; Maine's
submittal is available at the Bureau of Air Quality Control, Department
of Environmental Protection, State House, Station 17, Augusta, ME
04333; Rhode Island's submittal is available at the Division of Air and
Hazardous Materials, Department of Environmental Management, 291
Promenade Street, Providence, RI 02908-5767; and Vermont's submittal is
available at the Air Pollution Control Division, Agency of Natural
Resources, Department of Environmental Management, Building 3 South,
103 South Main Street, Waterbury, VT 05676.
FOR FURTHER INFORMATION CONTACT: Daria L. Dilaj at (617) 565-3249.
SUPPLEMENTARY INFORMATION:
Background
On September 21, 1994 (59 FR 48411), EPA published a notice of
proposed rulemaking (NPR) for the States of Connecticut, Maine, Rhode
Island, and Vermont. The NPR proposed approval of the emission
statement regulations adopted by these states. No public comments were
received on the NPR.
The following SIP revisions address sections 182(a)(3)(B) and
184(b)(2) of the Clean Air Act, which require that States develop and
submit, as SIP revisions, rules which establish annual reporting
requirements for precursors of ozone from stationary sources.
The State of Connecticut developed an emission statement program
using the existing regulatory authority given [[Page 2525]] by section
22a-174-4(c)(1), under the section entitled ``Recordkeeping and
Reporting''. Section 22a-174-4(c)(1) was previously numbered as 19-508-
4(c)(1) in Connecticut's SIP. In response to additional requirements of
the emission statement program which were not covered by section 22a-
174-4(c)(1), Connecticut revised its SIP narrative entitled ``Revision
to State Implementation Plan for Air Quality Emission Statements,'' and
submitted it to EPA as a SIP revision on January 12, 1993.
The State of Maine formally submitted Chapter 137, ``Emission
Statements'' and an amendment to Chapter 100 ``Definitions'' to address
the emission statement requirements of the CAA on January 3, 1994.
On January 12, 1993, the State of Rhode Island formally submitted
its Air Pollution Control Regulation Number 14 entitled ``Record
Keeping and Reporting'' which had been amended to require emission
statements.
Vermont developed an emission statement program using existing
regulatory authority given by Vermont's rule entitled ``Registration of
Air Contaminant Sources,'' sections 5-801 through 5-806. In response to
additional requirements of the emission statement program which were
not covered by sections 5-801 through 5-806, Vermont revised its SIP
narrative entitled ``State of Vermont Air Quality Implementation Plan,
February 1993,'' and submitted sections 5-801 through 5-806, and the
SIP narrative, to EPA as a SIP revision on August 9, 1993.
Other specific requirements of emission statements and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here.
Final Action
EPA has evaluated the States' submittals for consistency with the
Clean Air Act, EPA regulations, and EPA policy. EPA has determined that
the proposed rules meet the Clean Air Act's requirements and is
approving or reapproving the following rules under section 110(k)(3):
Connecticut's section 22a-174-4(c)(1), under the section entitled
``Recordkeeping and Reporting;'' Rhode Island's regulation Number 14
entitled ``Record Keeping and Reporting;'' Vermont's rule entitled
``Registration of Air Contaminant Sources,'' sections 5-801 through 5-
806; Maine's Chapter 137, ``Emission Statements'' and amendments to
Chapter 100, ``Definitions;'' and the SIP narrative revisions from
Connecticut entitled ``Revision to State Implementation Plan for Air
Quality Emission Statements,'' and Vermont entitled ``State of Vermont
Air Quality Implementation Plan, February 1993.'' Based upon EPA's
evaluation of Connecticut's and Rhode Island's January 12, 1993
submittals, Vermont's August 9, 1993 submittal, and Maine's January 3,
1994 submittal, EPA is approving the emission statement submissions as
revisions to the ozone SIP.
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
any 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.
Regulatory Process
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. 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 section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 13, 1995. 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)).
As noted elsewhere in this action, EPA received no adverse public
comment on the proposed action. As a direct result, the Regional
Administrator has reclassified this action from Table 2 to Table 3
under the processing procedures published in the Federal Register on
January 19, 1989 (54 FR 2214) and revisions to these procedures issued
on October 4, 1993 in an EPA memorandum entitled ``Changes to State
Implementation Plan (SIP) Tables.''
On January 6, 1989, the Office of Management and Budget (OMB)
waived Table 2 and Table 3 revisions (54 FR 2222) from the requirements
of section 3 of Executive Order 12291 for a period of two years. The US
EPA has submitted a request for a permanent waiver for Table 2 and
Table 3 SIP revisions. The OMB has agreed to continue the temporary
waiver until such time as it rules on EPA's request. This request
continues in effect under Executive Order 12866 which superseded
Executive Order 12291 on September 30, 1993.
SIP approvals under section 110 and subchapter I, part D of the CAA
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 any small entities affected. 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).
List of Subjects in 40 CFR Part 52
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Note: Incorporation by reference of the State Implementation
Plan for the States of Connecticut, Maine, Rhode Island, and Vermont
was approved by the Director of the Federal Register on July 1,
1982.
Dated: November 14, 1994.
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 H--Connecticut
2. Section 52.370 is amended by adding paragraph (c)(66) to read as
follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(66) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 12, 1993.
[[Page 2526]]
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated January 12, 1993 submitting a revision to the
Connecticut State Implementation Plan.
(B) Section 22a-174-4(c)(1) of Connecticut Regulations for the
Abatement of Air Pollution, under the section entitled ``Recordkeeping
and Reporting.'' Section 22a-174-4(c)(1) was previously numbered as 19-
508-4(c)(1) in Connecticut's SIP. 19-508-4(c)(1) in Connecticut's SIP.
19-508-4 became effective in the State of Connecticut on October 31,
1977. Connecticut developed an emission statement program using the
existing regulatory authority given by section 22a-174-4(c)(1) under
the section entitled ``Reporting and Recordkeeping''.
(ii) Additional information.
(A) State implementation Plan narrative entitled ``Revision to
State Implementation Plan for Air Quality Emission Statements'' which
addresses emission statement requirements not discussed specifically in
Section 22a-174-4(c)(1).
(B) Nonregulatory portions of the submittal.
Subpart U--Maine
3. Section 52.1020 is amended by adding paragraph (c)(34) to read
as follows:
Sec. 52.1020 Identification of plan.
* * * * * *
(c) * * *
(34) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on January 3, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated January 3, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Revised Chapter 100 of the Maine Department of Environmental
Protection Regulations, ``Definitions'' effective in the State of Maine
on December 12, 1993.
(C) Chapter 137 of the Maine Department of Environmental Protection
Regulations, ``Emission Statements'' effective in the State of Maine on
December 12, 1993.
(ii) Additional Information.
(A) Nonregulatory portions of the submittal.
4. In Sec. 52.1031, Table 52.1031 is amended by adding new entries
to existing state citation ``Chapter 100'' and by adding new citation
``Chapter 137'' to read as follows:
Sec. 52.1031 EPA-approved Maine regulations.
* * * * *
Table 52.1031.--EPA-Approved Rules and Regulations
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Date adopted by Federal Register
State citation Title/subject state Date adopted by EPA citation 52.1020
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* * * * * * *
100................. Definitions.......... Nov. 10, 1993....... Jan. 10, 1995....... [Insert FR citation (c)(34)......... Revised to add
from published date]. definitions
associated with
emission statement
rules.
* * * * * * *
137................. Emission Statements.. Nov.10, 1993........ Jan. 10, 1995....... [Insert FR citation (c)(34).........
from published date].
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Subpart OO--Rhode Island
5. Section 52.2070 is amended by adding paragraph (c)(42) to read
as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
(42) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on January 12,
1993.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental
Management dated January 12, 1993 submitting a revision to the Rhode
Island State Implementation Plan.
(B) Revisions to Air Pollution Control Regulation No. 14, ``Record
Keeping and Reporting,'' filed with the Secretary of State on January
11, 1993 and effective in the State of Rhode Island on January 31,
1993.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
6. In Sec. 52.2081, Table 52.2081 is amended by adding a new entry
to existing state citation ``Regulation 14'' to read as follows:
Sec. 52.2081 EPA-approved EPA Rhode Island State regulations.
* * * * *
Table 52.2081.--EPA-Approved Rules and Regulations
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Date adopted Comments/unapproved
State citation Title/subject by state Date approved by EPA FR citation 52.2070 sections
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* * * * * * *
No. 14................. Record Keeping and Jan. 11, 1993 Jan. 10, 1995.......... [Insert FR citation (c)(42).........
Reporting. from published date].
* * * * * * *
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[[Page 2527]]
Subpart UU--Vermont
7. Section 52.2370 is amended by adding paragraph (c)(21) to read
as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(c) * * *
(21) Revisions to the State Implementation Plan submitted by the
Vermont Air Pollution Control Division on August 9, 1993.
(i) Incorporation by reference.
(A) Letter dated August 9, 1993 from the Vermont Air Pollution
Control Division submitting revisions to the Vermont State
Implementation Plan. Vermont resubmitted Vermont's rule entitled
``Registration of Air Contaminant Sources,'' Sections 5-801 through 5-
806 and the SIP narrative entitled ``State of Vermont Air Quality
Implementation Plan, February 1993'' to meet the emission statement
requirements of the Clean Air Act Amendments of 1990.
(B) Letter dated February 4, 1993 from the Vermont Air Pollution
Control Division submitting revisions to the Vermont State
Implementation Plan which included Vermont's rule entitled
``Registration of Air Contaminant Sources,'' Sections 5-801 through 5-
806 and the SIP narrative entitled ``State of Vermont Air Quality
Implementation Plan, February 1993'' to meet the emission statement
requirements of the Clean Air Act Amendments of 1990. Sections 5-801
through 5-806 were previously adopted by Vermont and became effective
on April 20, 1988.
(C) Section 5-801 ``Definitions,'' section 5-802 ``Requirement for
Registration,'' section 5-803 ``Registration Procedure,'' section 5-804
``False or Misleading Information,'' section 5-805 ``Commencement or
Recommencement of Operation,'' and section 5-806 ``Transfer of
Operation'' effective on April 20, 1988.
(ii) Additional materials.
(A) Vermont's SIP narrative entitled ``State of Vermont Air Quality
Implementation Plan, February 1993'' which addresses emission statement
requirements not covered by sections 5-801 through 5-806.
(B) Letter dated October 5, 1994 from the Vermont Air Pollution
Control Division which clarifies Vermont procedures in developing the
emission statement information.
(C) Nonregulatory portions of the submittal.
8. In Sec. 52.2381 Table 52.2381 is amended by adding a new entry
to existing state citation ``section 5-801'' and adding new state
citations ``5-802 through 5-806'' to read as follows:
Sec. 52.2381 EPA-approved Vermont State regulations.
* * * * *
Table 52.2381.--EPA-Approved Rules and Regulations
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Date Comments and
State citation, adopted by Date approved by EPA Federal Register Section 52.2370 unapproved
title and subject state citation sections
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* * * * * *
*
Section 5-801, 4/20/88 Jan. 10, 1995....... [Insert FR (c)(21).........
Definitions. citation from
published date].
* * * * * *
*
Section 5-802, 4/20/88 Jan. 10, 1995....... [Insert FR (c)(21).........
Requirement for citation from
Registration. published date].
* * * * * *
*
Section 5-803, 4/20/88 Jan. 10, 1995....... [Insert FR (c)(21).........
Registration citation from
Procedure. published date].
* * * * * *
*
Section 5-804, 4/20/88 Jan. 10, 1995....... [Insert FR (c)(21).........
False or citation from
Misleading published date].
Information.
* * * * * *
*
Section 5-805, 4/20/88 Jan. 10, 1995....... [Insert FR (c)(21).........
Commencement or citation from
Recommencement of published date].
Operation.
* * * * * *
*
Sections 5-806, 4/20/88 Jan. 10, 1995....... [Insert FR (c)(21).........
Transfer of citation from
Operation. published date].
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[FR Doc. 95-567 Filed 1-9-95; 8:45 am]
BILLING CODE 6560-50-P
