[Federal Register Volume 63, Number 184 (Wednesday, September 23, 1998)]
[Notices]
[Pages 50899-50900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25320]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6165-6]
Announcement Regarding Implementation of the Section 112(g)
Program in the State of Connecticut and the Commonwealth of
Massachusetts
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: Effective on June 29, 1998, the Environmental Protection
Agency (EPA) plans to implement section 112(g) of the Clean Air Act as
amended in 1990 through provisions promulgated in 40 CFR part 63,
subpart B. Subpart B requires State permitting authorities with an
approved title V program to make case-by-case maximum achievable
control technology (MACT) determinations for constructed or
reconstructed major sources in source categories for which national
emission standards for hazardous air pollutants (NESHAPs) have not yet
been promulgated.
Subpart B requires State or local permitting agencies to implement
the section 112(g) program promulgated in subpart B, or the State or
local permitting authorities may request that EPA implement the program
for that State or local agency for a period of no more than one year.
With this document, EPA Region I announces that it will implement the
section 112(g) program for the State of Connecticut and the
Commonwealth of Massachusetts until June 29, 1999, or the effective
date of the State section 112(g) program, whichever is earlier. In
Connecticut, where Connecticut Department of Environmental Protection
(CT DEP) has the authority to issue a pre-construction permit to a
constructed or reconstructed source with potential to emit greater than
15 tons per year of any individual hazardous air pollutant (HAP), CT
DEP will issue the Notice of MACT approval to those subject sources
after EPA concurs in writing on the MACT determination. For all other
sources in Connecticut subject to section 112(g), EPA Region I will
issue the Notice of MACT approval.
FOR FURTHER INFORMATION CONTACT: For more information about the
implementation of the section 112(g) programs by Region I, please
contact Susan Lancey, telephone (617) 565-3587 or E-mail
[email protected], Office of Ecosystem Protection, JFK
Federal Building (CAP), Boston, MA 02203.
[[Page 50900]]
SUPPLEMENTARY INFORMATION: The regulations regarding the implementation
of section 112(g) of the Clean Air Act for constructed or reconstructed
sources as well as guidance for the State permitting authorities are
found in 40 CFR 63.40-63.44 (subpart B). The final rule was published
in the Federal Register on December 27, 1996 (61 FR 68384). Effective
on June 29, 1998, no person may construct or reconstruct any major
source of HAP in Massachusetts and Connecticut for which no applicable
NESHAP has been promulgated unless that person applies for and obtains
a Notice of MACT approval under the procedures set forth in 40 CFR
63.43(f)-(h). Except as provided below, the application should be
submitted to EPA Region I at the address given above. In Connecticut,
where Connecticut Department of Environmental Protection (CT DEP) has
the authority to issue a pre-construction permit to a constructed or
reconstructed source with potential to emit greater than 15 tons per
year of any individual hazardous air pollutant (HAP), CT DEP will issue
the Notice of MACT approval to those subject sources after EPA concurs
in writing on the MACT determination. For all other sources in
Connecticut subject to section 112(g), EPA Region I will issue the
Notice of MACT approval.
To apply for and obtain a Notice of MACT approval from the EPA
Regional office, any source subject to subpart B must fulfill the
following requirements. First, the constructed or reconstructed major
source must recommend a MACT emission limitation or requirement that
must not be less stringent than the emission control which is achieved
in practice by the best controlled similar source (Sec. 63.43(d)(1)).
The recommended MACT emission limitation must achieve the maximum
degree of reduction in emissions of HAP which can be achieved by
utilizing the recommended control techniques. The recommended MACT
emission limitation must consider the non-air quality health and
environmental impacts as well as the associated energy requirements
(Sec. 63.43(d)(2)). Furthermore, the constructed or reconstructed major
source may recommend a specific design, equipment, or work practice
standard, and EPA may approve such a standard, if it determines that it
is not feasible to prescribe or enforce an emission limitation under
section 112(h)(2) of the Clean Air Act (Sec. 63.43(d)(3)). Finally, if
the EPA has proposed a relevant emission standard through either
section 112(d) or section 112(h) of the Clean Air Act, then the MACT
requirements applied to the constructed or reconstructed major source
must take into consideration those MACT emission limitations and
requirements of the proposed standards or presumptive MACT
determination (Sec. 63.43(d)(4)).
In reviewing and approving any application for a Notice of MACT
approval, EPA will utilize the procedures set forth in 40 CFR 63.43(f)-
(h).
Dated: September 11, 1998.
John P. DeVillars,
Regional Administrator, Region 1.
[FR Doc. 98-25320 Filed 9-22-98; 8:45 am]
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