[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23241]
[[Page Unknown]]
[Federal Register: September 20, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NH12-1-6318; A-1-FRL-5074-9]
Clean Air Act Limited Approval/Limited Disapproval and
Promulgation of Emission Statement Implementation Plans for New
Hampshire
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: EPA is proposing a limited approval/limited disapproval of a
State Implementation Plan (SIP) revision submitted by the State of New
Hampshire. This revision establishes an emission statement program for
stationary sources throughout the State. New Hampshire's submittal
includes amendments to Chapter Env-A 900 (Parts 901-903). This action
proposes limited approval of New Hampshire's Chapter Env-A 900, ``Owner
and Operator'' for the purpose of strengthening the New Hampshire SIP.
In addition, this action proposes limited disapproval of New
Hampshire's Chapter Env-A 900 (Parts 901-903) since the regulation
fails to meet all requirements of the Clean Air Act (CAA). This action
is being taken pursuant to section 110 of the CAA. Public comments are
solicited on the requested SIP revisions and on EPA's proposal of a
limited approval/limited disapproval.
DATES: Comments received in writing by October 20, 1994 will be
considered in the development of USEPA's final rule action.
ADDRESSES: Comments should be mailed to Linda M. Murphy, Director, Air,
Pesticides, and Toxics Management Division, JFK Federal Building,
Boston, MA 02203.
Copies of the State's submittal and other information are available
for inspection during normal business hours, by appointment, at the
following location: Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region I, One Congress Street,
10th floor, Boston, MA 02203. In addition, New Hampshire's submittal is
available at the Air Resources Division, Department of Environmental
Services, 64 North Main Street, Caller Box 2033, Concord, NH 03302-
2033.
FOR FURTHER INFORMATION CONTACT: Daria L. Dilaj, U.S. Environmental
Protection Agency, Region I, JFK Federal Building (APS), Boston, MA
02203. Phone: (617) 565-3249.
SUPPLEMENTARY INFORMATION:
I. Background
The air quality planning and State Implementation Plan (SIP)
requirements for ozone nonattainment and transport areas 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.
II. Analysis of State Submission
A. Procedural Background
The Act requires each state 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 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).
The State of New Hampshire held a public hearing on June 18, 1992.
Following the public hearing, the plan was adopted by the State on
November 13, 1992 and submitted to EPA on December 21, 1992 as a
proposed revision to the SIP. The SIP revision was reviewed by EPA and
deemed complete on February 19, 1993.
B. Components of 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 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 the specific source
requirements detailed below.
1. SIP Revision Submission
EPA requires States to submit their SIP revisions within 2 years of
enactment of the Clean Air Act Amendments of 1990 (CAAA) (November 15,
1990). New Hampshire submitted its SIP revision on January 12, 1993.
2. Reporting Requirements for State
In addition to the program elements applying to sources, the SIP
should include a provision that requires States to provide 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.
New Hampshire has not committed to submitting emission statement
data to EPA by July 1 of each year. EPA will negotiate with New
Hampshire to include a submittal date and requirement for quarterly
emission statement reports in future 105 grants.
New Hampshire has not required source identification information,
operating schedule information, control equipment information, process
data information, and annual and typical ozone season day emissions
from all potentially subject source categories. New Hampshire only
requires source identification information and operating schedule
information from surface coating and printing sources under Env-A
901.04(c), gasoline storage and degreasing facilities under Env-A
901.05(b), and fuel combustion and incinerator sources under Env-A
901.06(c)(1) and 901.06(c)(3). Under Env-A 901.04(h), New Hampshire
requires all facilities with add-on VOC control equipment to keep
records of control equipment information, but not to report this
information. Facilities with add-on NOx control equipment are required
to record this information under Env-A 901.06(c)(6). New Hampshire only
requires process data information from surface coating and printing
sources under Env-A 901.04(c)(5) and combustion sources under Env-A
901.06(c)(4). Recordkeeping, but not reporting, is required for
gasoline storage sources under Env-A 901.04(e)(1) and degreasing
facilities under Env-A 901.04(g)(2). New Hampshire only requires annual
and typical ozone season day emissions from surface coating and
printing sources under Env-A 901.04(c)(7), and combustion sources under
Env-A 901.06(c)(5). This is also required from degreasing sources under
Env-A 901.04(g)(4), however, sources are not required to report this
information, only to keep records. No emissions reporting requirements
were made for VOC/gasoline storage or for other types of sources.
3. Sources Covered
Section 182(a)(3)(B) requires that States with areas designated as
nonattainment for ozone require emission statement data from all
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. The emission statement
requirement covers sources in attainment areas and nonattainment areas
which are not classified within the ozone region which emit, or have
the potential to emit, 100 tpy or more of NOx or 50 tpy or more of VOC.
New Hampshire is located in the ozone transport region. Emission
statement regulations must apply State-wide, and cover all stationary
sources which emit or have the potential to emit 50 tpy of VOC or 100
tpy of NOx. In addition, New Hampshire has three classified ozone
nonattainment areas and are therefore subject to the more stringent
source threshold requirement of section 182(a)(3)(B). The area which
includes all of Merrimack County, part of Hillsborough County, and part
of Rockingham County, is classified Marginal. The second nonattainment
area includes all of Strafford County and part of Rockingham County,
and is classified as Serious. Finally, a portion of New Hampshire is in
the Boston-Lawrence-Salem Consolidated Metropolitan Statistical Area
(CMSA), which is also classified as Serious. This includes a range of
cities and towns from Nashua to Exeter in portions of Hillsborough and
Rockingham Counties. For these classified ozone nonattainment areas,
the States' emission statement regulations 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. New Hampshire does not waive the emission statement
requirement for sources emitting less than 25 tons per year of NOx or
VOC emissions. New Hampshire requires certain sources that have
potential emissions of less than 25 tons per year to supply their data
and information required for calendar year 1992 by April 15, 1993. In
addition, these sources are required to submit emission statements for
every third calendar year, beginning with 1995, by April 15 of the
following year. All NOx emitting sources that are required to submit
emission statement information under EPA's guidance are covered in New
Hampshire's regulation. Under Env-A 901.07, fuel burning devices, as
well as miscellaneous sources having theoretical potential NOx
emissions of at least 25 tpy, are required to submit information on an
annual basis.
However, New Hampshire's regulation does not address all VOC
sources recommended in EPA's guidance. Since New Hampshire is located
in the ozone transport region, emission statement regulations must
apply State-wide and cover all sources which emit or have the potential
to emit 50 tpy of VOC. In addition, New Hampshire has three classified
ozone nonattainment areas and are therefore subject to the more
stringent source threshold requirement of section 182(a)(3)(B). These
classified nonattainment areas must require emission statement data
from all sources of VOC in the nonattainment areas unless New Hampshire
waives, 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 VOC emissions in nonattainment areas. In Env-A
901.05(d), emission statements are required to be submitted for sources
which are subject to the recordkeeping requirements of Env-A 901.04 and
the applicability criteria of Env-A 1204.03. The applicability criteria
of Env-A 1204.03 cover sources subject to EPA's existing control
technique guideline (CTG) documents and other miscellaneous sources
that have the potential to emit more than 50 tpy of VOC. Env-A 901.04
covers the following sources: Any source required to be permitted under
603.02(g) (surface coating, metal cleaning, or printing); 601.02(h)
(VOC storage tanks); 603.02(i) (gasoline terminal loading racks); or
any other paragraph of 603.02 which pertains to VOC emitters, with the
exception of sources exempted by Env-A 901.03(a)(4). Env-A 901.03(a)(4)
excludes from recordkeeping requirements, those sources using No. 1 and
No. 2 fuel oils, natural gas, or electrical energy. Under New
Hampshire's rules, the requirements for emission statements do not
apply to miscellaneous VOC source categories (i.e., non-CTG) unless
those sources are covered by Env-A 603.02. Only non-CTG sources that
are coating or printing sources subject to 603.02(g) are covered by New
Hampshire's emission statement program.
In addition, the applicability criteria of Env-A 1204.03 only cover
graphic arts printing, and non-CTG sources with potential VOC emissions
greater than 50 tpy. Therefore, if certain non-CTG sources have actual
VOC emissions greater than 25 tpy, but potential emissions less than 50
tpy, they would not be covered by New Hampshire's program.
Furthermore, New Hampshire's emission statement rule specifically
excludes sources with VOC emissions resulting from combustion of No. 1
and No. 2 fuel oils, or natural gas. As a result, New Hampshire has not
required all sources that emit or have the potential to emit more than
50 tpy of VOC to submit emission statements.
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. New Hampshire did not include this requirement in its rule.
New Hampshire's rule was proposed in May 1992 and EPA provided comments
in June 1992. However, this requirement was not clearly stated in EPA's
emission statement guidance until July 1992. Therefore, New Hampshire
was unaware of this requirement at the time the regulation was
proposed.
4. Reporting Requirements for Sources
Sources covered by the State emission statement program should
submit, at a minimum, the data elements described under section II.B.2
of this document.
The emission statement submitted by the source should 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.
Env-A 901.05(d)(1) and 901.07(b)(1) require sources subject to the
emission statement requirement to submit data for the calendar year
1992 by April 15, 1993. Furthermore, these sections require that
information for each subsequent calendar year be submitted by April 15
of the following year.
New Hampshire does require a certification of data accuracy under
Env-A 901.04(b) and 901.06(b), however, this certification is not
required to accompany the emission statement forms. In a June 24, 1992
comment letter, EPA commented ``the certificate of data accuracy shall
state, at a minimum, that the records required by Env-A and maintained
at the facility are true and accurate. Also, the certificate of data
accuracy must be submitted with each emission statement.'' New
Hampshire's rule only requires that the certification be kept on the
premises.
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.
New Hampshire has not specified a format in which facilities are to
submit data.
III. Proposed Action
Because of the above deficiencies, EPA cannot grant approval of New
Hampshire's rule under section 110(k)(3) and part D. EPA may grant a
limited approval of the submitted rule under section 110(k)(3) in light
of EPA's authority pursuant to section 301(a) to adopt regulations
necessary to further air quality by strengthening the SIP. The approval
is limited because EPA's action also contains a simultaneous limited
disapproval. In order to strengthen the SIP, EPA is proposing a limited
approval of Chapter Env-A 900 ``Owner or Operator Obligations'' (Parts
901-903) under sections 110(k)(3) and 301(a) of the CAA.
At the same time, EPA is also proposing a limited disapproval of
this rule because it does not fully meet section 182(a)(3)(B) of part D
of the Act. As provided under section 179(a) of the Act, the State will
have up to 18 months after a final SIP disapproval to correct the
deficiencies that are the subject of the disapproval before EPA is
required to impose one of the two sanctions set forth in section 179(b)
of the Act: either highway sanctions or new source review offsets. If
the State has not corrected its deficiencies within 6 months after
imposition of the first sanction, EPA must impose the second sanction.
Any sanction EPA imposes must remain in place until EPA determines that
the State has met the 1990 Amendments requirements. Note also that any
final rulemaking disapproving the State's submission will trigger the
requirement for EPA to impose a Federal implementation plan within two
years of disapproval as provided under section 110(c)(1) of the Act.
IV. Request for Public Comments
Public comments are solicited on the requested SIP revision and on
EPA's proposal of a limited approval/limited disapproval. Public
comments received by October 20, 1994 will be considered in the
development of USEPA's final rulemaking action.
V. Administrative Requirements
A. Executive Order (EO) 12866
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989. 54 FR 2214-2225. On January 6, 1989, the Office of
Management and Budget (OMB) waived Table 2 and 3 SIP revisions, 54 FR
2222, from the requirements of section 3 of Executive Order 12291 for a
period of 2 years. USEPA has submitted a request for a permanent waiver
for Table 2 and 3 SIP revisions. OMB has agreed to continue the
temporary waiver until such time as it rules on USEPA's request. This
request continues in effect under Executive Order 12866 which
superseded Executive Order 12291 on September 30, 1993.
B. Regulatory Flexibility
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 economic 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.
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).
EPA's disapproval of the State request under section 110 and
subchapter I, part D of the CAA does not affect any existing
requirements applicable to small entities. Any pre-existing Federal
requirements remain in place after this disapproval. Federal
disapproval of the state submittal does not affect its state
enforceability. Moreover, EPA's disapproval of the submittal does not
impose any new Federal requirements. Therefore, EPA certifies that this
disapproval action does not have a significant impact on a substantial
number of small entities because it does not remove existing
requirements and impose any new Federal requirements.
List of Subjects in 40 CFR Part 52
Air pollution control, Hydrocarbons, Intergovernmental relations,
Nitrogen dioxide, Oxides of nitrogen, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: September 6, 1994.
John P. DeVillars,
Acting Regional Administrator, Region I.
[FR Doc. 94-23241 Filed 9-19-94; 8:45 am]
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