[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
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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]
BILLING CODE 6560-50-P
