Approval and Promulgation of Air Quality Implementation Plans; Connecticut, Maine, Rhode Island, and Vermont; Emission Statements

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]

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