Clean Air Act Approval and Promulgation of Emission Statement Implementation Plans for Connecticut, Maine, Rhode Island, and Vermont

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-5076-5]

Clean Air Act Approval and Promulgation of Emission Statement

Implementation Plans for Connecticut, Maine, Rhode Island, and Vermont

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA is proposing full approval of 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), ``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.

COMMENTS: Public comments are solicited on the requested SIP revisions

and on US EPA's proposal to approve.

DATES: Comments received in writing by October 21, 1994, will be

considered in the development of US EPA's final rulemaking 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 States' submittals 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,

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 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, 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.

Section 182 of the Act sets out a graduated control program for

ozone nonattainment areas. Section 182(a) sets out requirements

applicable in marginal nonattainment areas, which are also made

applicable in subsections (b), (c), (d), and (e) to all other

classified ozone nonattainment areas. Among the requirements in section

182(a) is a program in paragraph (3) of that subsection for stationary

sources to prepare and submit to the State each year emission

statements showing actual emissions of volatile organic compounds and

nitrogen oxides. This paragraph provides that the States are to submit

a revision to their State Implementation Plans (SIPs) by November 15,

1992 establishing this emission statement program.

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 which emit, or have the potential to emit,

50 tpy or more of VOC. Section 182(f) extends the requirements for

major stationary sources of VOC in ozone transport regions to major

sources of NOX. For areas designated as attainment or

nonattainment areas which are not classified, section 182(f) refers to

section 302 where the major source definition for NOX is the

potential to emit 100 tons per year. Therefore, the emission statement

requirement includes sources in attainment areas and nonattainment

areas which are not classified within ozone transport regions which

emit, or have the potential to emit 100 tpy or more of NOX or 50

tpy or more of VOC.

Connecticut, Rhode Island, Vermont, and Maine are each located in

the ozone transport region. The applicability of these States' emission

statement regulations must be 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, Connecticut, Rhode Island, and the

following counties of Maine: Androscoggin, Cumberland, Hancock,

Kennebec, Knox, Lincoln, Sagadahoc, Waldo, and York are classified

ozone nonattainment areas and are therefore subject to the more

stringent source threshold requirement of section 182(a)(3)(B). For

these classified ozone nonattainment areas, the source threshold of

these 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. Connecticut, Maine, and Rhode Island

have provided 1990 baseyear inventories which include emissions from

sources that emit below 25 tpy of VOC or NOX emissions and will be

updating these inventories every three years until the area is

redesignated to attainment. In addition, the methods and emission

factors used by Connecticut, Maine, and Rhode Island to calculate

emissions for the 1990 baseyear inventory have been reviewed by EPA. As

a result, EPA finds the 25 tpy threshold acceptable.

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.

The CAA requires that States' rules specify that facilities must

submit the first emission statement to the State within three years

after November 15, 1990, and annually thereafter. EPA requests that the

States submit the emission data to EPA through the Aerometric

Information Retrieval System (AIRS). The minimum emission statement

data should include: certification of data accuracy; source

identification information; operating schedule; emissions information

(including annual and typical ozone season day emissions); control

equipment information; and process data. EPA developed emission

statements data elements to be consistent with other source and State

reporting requirements. This consistency is essential to assist States

with quality assurance for emission estimates and to facilitate

consolidation of all EPA reporting requirements.

II. Analysis of State Submission

A. Procedural Background

The Act requires States 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 revision

to an 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).

Connecticut held public hearings on the proposed changes to the SIP

narrative on January 5, 6, and 7, 1993. Following the public hearing,

Connecticut submitted the SIP revision to EPA on January 12, 1993. The

SIP revision was reviewed by EPA and deemed complete on March 16, 1993.

The State of Maine held a public hearing on Chapter 137 and amendments

to Chapter 100 on July 14, 1993. Following the public hearing, the

regulations were adopted by the State on November 10, 1993 and

submitted to EPA on January 3, 1994. EPA deemed the submittal complete

on February 16, 1994. Rhode Island held a public hearing on Regulation

14, ``Record Keeping and Reporting'' on December 16, 1992. The

regulation was adopted by the State on January 11, 1993. EPA received

the submittal on January 12, 1993 and deemed the SIP revision complete

in a March 9, 1993 letter. The State of Vermont held a public hearing

on the proposed changes to the SIP narrative on March 10, 1993. Vermont

submitted the SIP narrative and regulations 5-801 through 5-806 to EPA

on August 10, 1993. On October 25, 1993, EPA deemed the submittal

complete.

EPA proposes to approve the emission statement program SIP

submittals of Connecticut, Maine, Rhode Island and Vermont and invites

public comment on the action.

B. Components of the 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 specific source

requirements detailed below.

1. SIP Revision Submission

EPA requires States to submit their SIP revision within 2 years of

enactment of the Clean Air Act Amendments of 1990 (CAAA) (November 15,

1990).

Connecticut and Rhode Island submitted their SIP revisions on

January 12, 1993. Maine and Vermont were each notified in a letter

dated January 15, 1993 that a finding of failure to submit a SIP for

Emission Statements was made. Vermont submitted its SIP revision on

August 9, 1993, and Maine submitted its SIP revision on January 3,

1994. EPA reviewed these two submittals and, as outlined above, found

them complete. Therefore, the sanctions clock was stopped for this plan

element for each of these states. However, the January 15, 1993 finding

also triggered the Federal Implementation Plan (FIP) clock. EPA remains

obligated to promulgate a FIP until a final rulemaking action to

approve these two SIP revisions is taken.

2. Reporting Requirements for State

In addition to the program elements applying to sources, the SIP

should include a provision that States provide to 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.

Connecticut commits to submitting data along with supplemental data

to EPA by July 1. All the EPA required data elements will be covered.

EPA will negotiate with Connecticut to include a requirement for

quarterly emission statement reports in future 105 grants.

Maine covers all the EPA required data elements. Maine has not

committed to a data submittal date to EPA. Maine will not meet the

present July 1 deadline of submitting data to EPA. Maine will, however,

have plenty of time to meet the deadline of November 15 being proposed

by the Emission Statement Workgroup. EPA will negotiate with Maine to

include a requirement for quarterly emission statement reports in

future 105 grants.

Rhode Island's rule has covered all the EPA required data elements.

Rhode Island has not committed to submitting emission statement data to

EPA by July 1. EPA will negotiate with Rhode Island to include a

requirement for quarterly emission statement reports in future 105

grants.

Vermont has committed to report all the necessary data elements to

EPA by July 1 of each calendar year. Vermont states in its SIP

narrative that for any emissions estimates which depend on rule

enforcement for control of potential emissions, rule effectiveness will

also be included in the submittal to EPA. EPA will negotiate with

Vermont to include a requirement for quarterly emission statement

reports in future 105 grants.

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. Therefore, the

emission statement requirement encompasses all stationary sources in

all classified nonattainment areas, as well as sources in attainment

areas and unclassified nonattainment areas within ozone transport

regions, which emit or have the potential to emit 100 tpy or more of

NOX or 50 tpy or more of VOC.

The States may waive, with EPA approval, the requirement for

emission statements 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. Connecticut, Maine, and Rhode Island

emission statement regulations have exempted sources with VOC and

NOX emissions below 25 tpy from emission statement requirements.

Connecticut, Maine, and Rhode Island have provided 1990 baseyear

inventories which include emissions from sources that emit below 25 tpy

of VOC or NOX emissions and will be updating these inventories

every three years until the area is redesignated to attainment. In

addition, the methods and emission factors used by Connecticut, Maine,

and Rhode Island to calculate emissions for the 1990 baseyear inventory

have been reviewed by EPA. As a result, EPA finds the 25 tpy threshold

acceptable.

The entire state of Connecticut is designated as nonattainment for

ozone and is located within the boundaries of the ozone transport

region. Connecticut's SIP narrative describes how for the first

reporting year (1993), Connecticut will require an emission statement

from each company whose actual 'calendar year 1992 emissions from all

sources at a plant site total 25 tons per year or more of VOC,

NOX, or CO. For the second reporting year (1994), the state will

lower the reporting threshold to 5 tons per year or more of VOC,

NOX, or CO. For the third (1995) and future reporting years, the

state will expand the reporting requirement to 5 tons per year or more

of any criteria pollutant (PM10, SOX, NOX, CO, VOC, Pb). If

the 25 tpy (first year) or 5 tpy (later years) threshold is exceeded by

any one pollutant, the company is required to supply data for all

remaining pollutants addressed by the respective threshold criteria.

The entire state of Maine is located within the boundaries of the

ozone transport region. In addition, the following counties of Maine:

Androscoggin, Cumberland, Hancock, Kennebec, Knox, Lincoln, Sagadahoc,

Waldo, and York are classified ozone nonattainment areas and are

therefore subject to the more stringent source threshold requirement of

section 182(a)(3)(B). For these classified ozone nonattainment areas,

EPA requires Maine's emission statement regulations to cover all

sources which emit VOC or NOX unless the State waives requirements

from sources with less than 25 tons per year of actual plant-wide

NOX or VOC emissions. Maine's Chapter 137 is applicable to all

stationary sources which emit, or have the potential to emit into the

ambient air, the following air pollutants at or above the minimum

required reporting level:

1. Carbon Monoxide, 100 tpy

2. Sulfur Dioxide, 40 tpy

3. Volatile organic compounds, 25 tpy

4. Nitrogen oxides, 25 tpy

5. Fine Particulate Matter, 15 tpy

6. Lead, 0.1 tpy

In addition, this rule requires the reporting of 189 hazardous air

pollutants identified by the CAA and other compounds known to be

emitted in Maine that are of concern to human health. The list of

pollutants can be found in Section 1(C) and Appendix A of Chapter 137.

If any one pollutant as specified above is emitted at or above the

minimum required reporting level, all the other pollutant data listed

must be collected and reported.

The entire state of Rhode Island is designated as nonattainment for

ozone and is located within the boundaries of the ozone transport

region. Section 14.3.1 states that the owner or operator of any

facility emitting VOC or NOX which has or has had actual facility-

wide emissions of 25 tons per year or more of either pollutant in 1990

or any year thereafter, shall submit annually an emission statement

which includes both pollutants in accordance with the requirements of

section 14.3.2. A facility may apply to the Division to be allowed to

discontinue submitting annual emission statements if actual emissions

at that facility decrease to below 10 tons per year as a result of a

permanent process change.

Although the entire state of Vermont is in attainment it is located

within the ozone transport boundaries. EPA requires Vermont to regulate

source which emit, or have the potential to emit 100 tpy or more of

NOX or 50 tpy or more of VOC. Regulation 5-802 requires submittal

of complete data from all sources of the five criteria pollutants which

have actually emitted more than 5 tons of all of the criteria

pollutants combined during the previous year.

4. Reporting Requirements for Sources

Sources covered by the State emission statement program will

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.

Connecticut has required, in its SIP narrative, that sources submit

their emission statement data no later than April 15 of each year. The

emission statement forms sent out by DEP require all data elements

described under section II.B.2. of this document. Along with the forms,

a letter is sent which informs the source that accuracy of the data

must be certified.

Maine's Chapter 137 requires the owner or operator of any facility

meeting the applicability requirements in section 1 of chapter 137 to

submit an emission statement to the Department on an annual basis. The

emission statement must be submitted no later than July 1 for the

previous calendar year, beginning no later than July 1, 1994 for the

calendar year 1993. EPA is proposing to approve this submittal date

since the Emission Statement Workgroup is proposing to require States

to submit emission statement data to AIRS by November 15 rather than

July 1. Maine will have sufficient time to submit data to AIRS by

November 15 if sources submit emission statements by July 1. Chapter

137 also includes a list of data elements required by the sources and

the demand for certification of the data's accuracy.

Rhode Island's section 14.3.1 requires facilities to submit

emission statements to the Director within 45 days of the end of the

calendar year. Emission statements shall be submitted for the calendar

year 1992 and for every year thereafter. Rhode Island requires each

facility subject to section 14.3.1 to submit an emission statement in a

format approved by the Director which contains all data elements

described above and certification that the information contained in the

emission statement is accurate.

Vermont's rule, section 5-803, requires sources to submit to the

Air Pollution Control Officer source emissions data and other

information on or before February 1 of each year. Certification of the

data is required.

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.

Connecticut, Maine, and Vermont provide the sources with emission

statement forms. Connecticut and Vermont included the forms with their

SIP submittals. Rhode Island does not provide sources with an emission

statement form; each facility subject to emission statement

requirements must submit an emission statement in a format approved by

the Director.

III. Proposed 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

proposing approval of the following rules under section 110(k)(3):

Connecticut's section 22a-174-4(c)(1), ``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 of 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 proposing to

approve the emission statement submissions as revisions to the ozone

SIP.

IV. Request for Public Comments

Public comments are solicited on the requested SIP revisions and on

EPA's proposal to approve. Public comments received by October 21,

1994, will be considered in the development of EPA'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. US EPA 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 US EPA'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, the

Administrator certifies 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).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile organic compounds.

Authority: 42 U.S.C. 7401-7671q.

Dated: September 12, 1994.

John P. DeVillars,

Regional Administrator, Region I.

[FR Doc. 94-23350 Filed 9-20-94; 8:45 am]

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