Clean Air Act Interim Approval of Operating Permits Program; Delegation of Section 112 Standards; Commonwealth of Massachusetts

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[AD-FRL-5405-5]

Clean Air Act Interim Approval of Operating Permits Program;

Delegation of Section 112 Standards; Commonwealth of Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is promulgating interim approval of the Operating

Permits Program submitted by the Commonwealth of Massachusetts for the

purpose of complying with Federal requirements for an approvable State

program to issue operating permits to all major stationary sources, and

to certain other sources. EPA is also approving the Commonwealth's

authority to implement hazardous air pollutant requirements.

DATES: This action is effective April 2, 1996 unless notice is received

by March 4, 1996 that adverse or critical comments will be submitted.

If the effective date is delayed, timely notice will be published in

the Federal Register.

ADDRESSES: Comments should be addressed to Ida E. Gagnon, Air Permits,

APO, U.S. Environmental Protection Agency, Region I, JFK Federal

Building, Boston, MA 02203-2211.

Copies of the State's submittal and other supporting information

relevant to this action are available for inspection during normal

business hours at the following location: U.S. Environmental Protection

Agency, Region 1, One Congress Street, 10th floor, Boston, MA 02203.

FOR FURTHER INFORMATION CONTACT: Ida E. Gagnon, Air Permits, APO, U.S.

Environmental Protection Agency, Region 1, JFK Federal Building,

Boston, MA 02203-2211, (617) 565-3500.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

As required under title V of the 1990 Clean Air Act Amendments

(sections 501-507 of the Clean Air Act (``the Act'')), EPA has

promulgated rules which define the minimum elements of an approvable

State operating permits program and the corresponding standards and

procedures by which the EPA will approve, oversee, and withdraw

approval of State operating permits programs (see 57 FR 32250 (July 21,

1992)). These rules are codified at 40 Code of Federal Regulations

(CFR) Part 70. Title V requires States to develop, and submit to EPA,

programs for issuing these operating permits to all major stationary

sources and to certain other sources.

The Act requires that States develop and submit these programs to

EPA by November 15, 1993, and that EPA act to approve or disapprove

each program within 1 year after receiving the submittal. The EPA's

program review occurs pursuant to section 502 of the Act and the part

70 regulations, which together outline criteria for approval or

disapproval. Where a program substantially, but not fully, meets the

requirements of Part 70, EPA may grant the program interim approval for

a period of up to 2 years. If EPA has not fully approved a program by 2

years after the November 15, 1993 date, or by the end of an interim

program, it must establish and implement a Federal program. EPA is

publishing this action without prior proposal because the Agency views

this as a noncontroversial program and anticipates no adverse comments.

However, in a separate document in the Federal Register publication,

EPA is proposing interim approval of the Operating Permit Program

submitted by the Commonwealth of Massachusetts should adverse or

critical comments be filed. This action will be effective April 2, 1996

unless adverse or critical comments are received by March 4, 1996.

If EPA receives such comments, this action will be withdrawn before

the effective date by simultaneously publishing a subsequent document

that will withdraw the final action. All public comments received will

then be addressed in a subsequent final rule based on this action

serving as a proposed rule. The EPA will not institute a second comment

period on this action. Any parties interested in commenting on this

action should do so at this time. If no such comments are received, the

public is advised that this action will be effective on April 2, 1996.

B. Federal Oversight and Sanctions

When EPA promulgates this interim approval, it will extend for two

years following the effective date, and cannot be renewed. During the

interim approval period, the Commonwealth of Massachusetts is protected

from sanctions, and EPA is not obligated to promulgate, administer and

enforce a Federal permits program for the Commonwealth of

Massachusetts. Permits issued under a program with interim approval

have full standing with respect to part 70, and the 1-year time period

for submittal of permit applications by subject sources specified in

section 503(c) of the Act begins upon the effective date of interim

approval, as does the 3-year time period for processing the initial

permit applications.1

\1\ Note that states may require applications to be submitted

earlier than required under section 503(c). See 310 CMR Appendix

C(4)(a).

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Following final interim approval, if the Commonwealth of

Massachusetts fails to submit a complete corrective program for full

approval by the date 6 months before expiration of the interim

approval, EPA will start an 18-month clock for mandatory sanctions. If

the Commonwealth of Massachusetts then fails to submit a corrective

program that EPA finds complete before the expiration of that 18-month

period, EPA will be required to apply one of the sanctions in section

179(b) of the Act, which will remain in effect until EPA determines

that the Commonwealth of

[[Page 3828]]

Massachusetts has corrected the deficiency by submitting a complete

corrective program. If, six months after application of the first

sanction, the Commonwealth of Massachusetts still has not submitted a

corrective program that EPA finds complete, a second sanction will be

required.

If, following final interim approval, EPA disapproves the

Commonwealth of Massachusetts' complete corrective program, EPA will be

required to apply one of the section 179(b) sanctions on the date 18

months after the effective date of the disapproval, unless prior to

that date the Commonwealth of Massachusetts has submitted a revised

program and EPA has determined that it corrected the deficiencies that

prompted the disapproval. If, six months after EPA applies the first

sanction, the Commonwealth of Massachusetts has not submitted a revised

program that EPA has determined corrected the deficiencies that

prompted disapproval, a second sanction will be required.

In addition, discretionary sanctions may be applied where warranted

any time after the end of an interim approval period if the

Commonwealth of Massachusetts has not timely submitted a complete

corrective program or EPA has disapproved a submitted corrective

program. Moreover, if EPA has not granted full approval to a

Commonwealth of Massachusetts program by the expiration of an interim

approval and that expiration occurs after November 15, 1995, EPA must

promulgate, administer and enforce a Federal permits program for the

Commonwealth of Massachusetts upon interim approval expiration.

II. Action and Implications

A. Analysis of State Submission

1. Support Materials

The Acting Commissioner of the Commonwealth of Massachusetts

(Designee of the Governor) submitted an administratively complete title

V Operating Permits Program (PROGRAM) on April 28, 1995. EPA deemed the

PROGRAM administratively complete in a letter to the Commissioner dated

on June 26, 1995. The PROGRAM submittal includes a description of how

the Commonwealth intends to implement the PROGRAM and legal opinions

from the Attorney General of Massachusetts stating that the laws of the

Commonwealth provide adequate authority to carry out the PROGRAM. The

submittal additionally contains evidence of proper adoption of the

PROGRAM regulations, permit application forms, a data management system

and a fee adequacy demonstration.

2. Regulations and Program Implementation

The Commonwealth of Massachusetts has submitted 310 CMR 7.00

Appendix C entitled ``Operating Permit Program'' for implementing the

State part 70 program as required by 40 CFR 70.4(b)(2). Sufficient

evidence of procedurally correct adoption is included in part b of the

submittal.

The Massachusetts operating permits regulations follow part 70 very

closely. The following requirements, set out in EPA's part 70 operating

permits program review are addressed in Part B of the Commonwealth's

submittal.

The Massachusetts PROGRAM, including the operating permit

regulations, substantially meets the requirements of 40 CFR 70.2 and

70.3 with respect to applicability; Secs. 70.4, 70.5 and 70.6 with

respect to permit content and operational flexibility; Sec. 70.5 with

respect to complete application forms and criteria which define

insignificant activities; Secs. 70.7 and 70.8 with respect to public

participation, minor permit modifications, and review by affected

states and EPA; and Sec. 70.11 with respect to requirements for

enforcement authority.

Part 70 of the operating permits regulation requires prompt

reporting of deviations from the permit requirements. Section

70.6(a)(3)(iii)(B) requires the permitting authority to define prompt

in relation to the degree and type of deviation likely to occur and the

applicable requirements. The Commonwealth of Massachusetts has not

defined ``prompt'' in its program with respect to reporting of

deviations. Although the permit program regulations should define

prompt for purposes of administrative efficiency and clarity, an

acceptable alternative is to define prompt in each individual permit.

The EPA believes that prompt should generally be defined as requiring

reporting within two to ten days of the deviation. Two to ten days is

sufficient time in most cases to protect public health and safety as

well as to provide a forewarning of potential problems. For sources

with a low level of excess emissions, a longer time period may be

acceptable. However, prompt reporting must be more frequent than the

semiannual reporting requirement, given this is a distinct reporting

obligation under Sec. 70.6(a)(3)(iii)(A). Where ``prompt'' is defined

in the individual permit but not in the program regulations, EPA may

veto permits that do not contain sufficiently prompt reporting of

deviations.

EPA is granting interim approval for the Massachusetts program

rather than full approval. Pursuant to section 502(g) of the Act,

Massachusetts would be authorized to implement the interim program for

a period of two years following EPA's final interim approval of the

program. There are four technical mistakes in the PROGRAM regulation

that could confuse the regulated community concerning DEP's intent in

implementing the PROGRAM. When Massachusetts makes the following

changes EPA will grant the PROGRAM full approval:

1. In Appendix C(8)(b)4., the program regulation extends the permit

shield to all administrative amendments, including those that receive

no public or EPA review. EPA's rule extends the permit shield only to

those administrative amendments that have previously been reviewed in

an ``enhanced'' new source review program with requirements

substantially equivalent to the significant permit modification

process. 40 CFR 70.7(d)(4). The permit shield should not extend to all

administrative amendments. This is a technical error in the PROGRAM

regulation and DEP has agreed to delete this section of their

regulations.

2. In Appendix C(7)(b)3.e., the program regulation provides that a

notice of an operational flexibility change made pursuant to an intra-

facility emissions trading plan may include notice of ``[a]ny permit

term or condition that is no longer applicable as a result of the

change.'' Changes made pursuant to an intra-facility emissions trading

plan must be provided for in the permit, and such plans provide no

authority to render permit conditions inapplicable through a simple

notice. 40 CFR 70.4(b)(12)(iii)(A). The DEP agrees with this

interpretation. It does not intend during the interim program to allow

sources to violate conditions of the permit using a notice under a

trading plan. Therefore, DEP has agreed to remove this section of their

regulation.

3. In Appendix C(4)(a)5., the program regulation requires ``new

construction'' to apply for an operating permit within one year of

commencing operation, but it does not clearly cover sources that become

major without any new construction, for example by relaxing an

emissions cap in a restricted emission status (RES) plan approval. EPA

and DEP agree that such sources are subject to the program, and that it

is the intent of DEP's regulations to require such facilities to apply

within a year of becoming major sources during the

[[Page 3829]]

interim program. DEP has agreed to revise this provision to clarify the

intent of this requirement.

4. In Appendix C(8)(a)2.b., the program regulation prohibits any

relaxation of monitoring, reporting, or recordkeeping from qualifying

as a minor permit modification. Additionally, in Appendix C(8)(a)3.c.,

the program regulation requires any significant change to such permit

terms to be processed as a significant permit modification. EPA's rule

prohibits all significant changes to monitoring, reporting, or

recordkeeping, whether or not they are characterized as a relaxation,

from being processed as a minor permit modification, because it is

often impossible to tell in advance whether a proposed significant

monitoring change is in fact a relaxation. 40 CFR 70.7(e)(2)(i)(2). DEP

interprets the requirement in its significant permit modification

procedures to be paramount and to require any significant change to

monitoring, etc., to be handled as a significant permit modification,

consistent with EPA's permit modification procedures. DEP has agreed to

revise the operating permit regulations to clarify this matter.

The complete program submittal and the Technical Support Document

(TSD) dated November 6, 1995 entitled ``Technical Support Document--

Massachusetts Operating Permits Program'' are available in the docket

for review. The TSD includes a detailed analysis, including a program

checklist, of how the Commonwealth's program and regulations compare

with EPA's requirements and regulations. The TSD also includes several

important representations from DEP concerning its interpretation of the

intent of their program regulations, on which EPA is relying in finding

the Commonwealth's program substantially equivalent to federal

requirements.

3. Permit Fee Demonstration

Section 502(b)(3) of the Act requires that each permitting

authority collect fees sufficient to cover all reasonable direct and

indirect costs required to develop and administer its title V operating

permit program. Each title V program submittal must contain either a

detailed demonstration of fee adequacy or a demonstration that the fees

collected exceed $25 per ton of actual emissions per year, adjusted

from the August, 1989 consumer price index. The $25 per ton was

presumed by Congress to cover all reasonable direct and indirect costs

to an operating permit program. This minimum amount is referred to as

the ``presumptive minimum.''

Massachusetts has opted to make a presumptive minimum fee

demonstration. In the fee regulation, the Commonwealth proposes a fee-

for-service methodology for calculating the operating permit program

fees for the first four years of the program. This fee is equivalent to

at least the part 70 presumptive minimum fee of $25 per ton of

regulated air pollutants, adjusted per the consumer price index (CPI).

This rate is based on emissions of regulated pollutants excluding

carbon monoxide (CO) capped at 4000 tons per year per pollutant. Using

Massachusetts' fee-for-service approach, the Commonwealth will collect

from $33.84 to $34.50 per ton annually via application and compliance

assurance fees. Massachusetts' average rate is above the presumptive

minimum adjusted by the CPI.

Therefore, Massachusetts has demonstrated that the state is

collecting sufficient permit fees to meet EPA's presumptive minimum

criteria. For more information, see part G of Massachusetts' title V

program.

4. Provisions Implementing the Requirements of Other Titles of the Act

a. Authority and/or Commitments for Section 112 Implementation.

Massachusetts has demonstrated in its title V program submittal

adequate legal authority to implement and enforce all section 112

requirements for hazardous air pollutants through the title V permit.

This legal authority is contained in Massachusetts' enabling

legislation and in regulatory provisions defining ``applicable

requirements'' and stating that the permit must incorporate all

applicable requirements. EPA has determined that this legal authority

is sufficient to allow Massachusetts to issue permits that assure

compliance with all section 112 requirements.

Therefore, EPA will consider that the State of Massachusetts' legal

authority is sufficient to allow the State to issue permits that assure

compliance with all section 112 requirements, and to carry out all

section 112 activities. For further rationale on this interpretation,

please refer to the Technical Support Document referenced above and the

April 13, 1993 guidance memorandum titled ``Title V Program Approval

Criteria for Section 112 Activities,'' signed by John Seitz.

b. Implementation of 112(g) Upon Program Approval. On February 14,

1995 EPA published an interpretive notice (see 60 FR 8333) that

postpones the effective date of section 112(g) until after EPA has

promulgated a rule addressing that provision. The section 112(g)

interpretive notice explains that EPA is still considering whether the

effective date of section 112(g) should be delayed beyond the date of

promulgation of the Federal rule so as to allow states time to adopt

rules implementing the Federal rule, and that EPA will provide for any

such additional delay in the final section 112(g) rulemaking. Unless

and until EPA provides for such an additional postponement of section

112(g) Massachusetts must be able to implement section 112(g) during

the period between promulgation of the Federal section 112(g) rule and

adoption of implementing State regulations. EPA believes that

Massachusetts can utilize its preconstruction permitting program to

serve as a procedural vehicle for implementing section 112(g) rule and

making these requirements Federally enforceable between promulgation of

the Federal section 112(g) rule and adoption of implementing State

regulations. For this reason, EPA is approving Massachusetts'

preconstruction permitting program found in 310 CMR 7.02 ``Plan

Approval and Emission Limitations'' under the authority of title V and

part 70 solely for the purpose of implementing section 112(g) during

the transition period between title V approval and adoption of a State

rule implementing EPA's section 112(g) regulations.

Since the approval would be for the single purpose of providing a

mechanism to implement section 112(g) during the transition period, the

approval would be without effect if EPA decides in the final section

112(g) rule that sources are not subject to the requirements of the

rule until State regulations are adopted. Also, since the approval

would be for the limited purpose of allowing the State sufficient time

to adopt regulations, EPA is limiting the duration of the approval to

18 months following promulgation by EPA of its section 112(g) rule.

c. Program for Straight Delegation of Sections 111 and 112

Standards. Requirements for operating permit program approval,

specified in 40 CFR 70.4(b), encompass section 112(l)(5) requirements

for approval of a program for delegation of section 112 General

Provision Subpart A and standards as promulgated by EPA as they apply

to part 70 sources. Section 112(l)(5) requires that the State's program

contain adequate authorities, adequate resources for implementation,

and an expeditious compliance schedule, which are also requirements

under part 70. Therefore, the EPA is also granting approval under

section 112(l)(5) and 40 CFR 63.91 of

[[Page 3830]]

the State's program for receiving delegation of section 112 standards

that are unchanged from the Federal standards as promulgated, and

section 112 infrastructure programs such as those programs authorized

under sections 112(i)(5), 112(g), 112(j) and 112(r) to the extent they

apply to sources subject to 310 CMR 7.00 Appendix C. EPA is

reconfirming the 40 CFR part 60 and 61 standards currently delegated to

Massachusetts as indicated in Table I.2 EPA is also reconfirming

delegation of 40 CFR part 60 standards to the extent they apply to

sources subject to 310 CMR 7.00 Appendix C as indicated in Table II. In

addition, EPA is proposing to delegate all future 40 CFR parts 60, 61

and 63 standards to the extent they apply to sources subject to 310 CMR

7.00 Appendix C.3 EPA is delegating the 40 CFR part 63 standards

as indicated in Table III to the extent they apply to sources subject

to 310 CMR 7.00 Appendix C.

\2\ Please note that federal rulemaking is not required for

delegation of section 111 standards.

\3\ The radionuclide National Emission Standards for Hazardous

Air Pollutant (NESHAP) is a section 112 regulation and therefore,

also an applicable requirement under the State operating permits

program for part 70 sources. There is not yet a Federal definition

of ``major'' for radionuclide sources. Therefore, until a major

source definition for radionuclide is promulgated, no source would

be a major section 112 source solely due to its radionuclide

emissions. However, a radionuclide source may, in the interim, be a

major source under part 70 for another reason, thus requiring a part

70 permit. The EPA will work with the State in the development of

its radionuclide program to ensure that permits are issued in a

timely manner.

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Massachusetts has informed EPA that it intends to accept future

delegation of section 111 and 112 standards by checking the appropriate

boxes on a standardized checklist. The checklist will list applicable

regulations and will be sent by the EPA Regional Office to

Massachusetts. Massachusetts will accept delegation by checking the

appropriate box and returning the checklist to EPA Region I. The

details of this delegation mechanism are set forth in the November 28,

1995, Memorandum of Agreement between Massachusetts and EPA. This

program applies to both existing and future standards but is limited to

sources covered by the part 70 program. The original delegation

agreement between EPA and Massachusetts was set forth in a letter from

Kenneth Hagg dated June 25, 1982.

d. Commitment to implement title IV of the ACT. Massachusetts has

committed to take action, following promulgation by EPA of regulations

implementing section 407 and 410 of the Act, or revisions to either

part 72, 74, or 76 or the regulations implementing section 407 or 410,

to either incorporate by reference or submit, for EPA approval,

Massachusetts Department of Environmental Protection (DEP) regulations

implementing these provisions.

B. Final Action

The EPA is promulgating interim approval to the operating permits

program submitted to EPA by the Commonwealth of Massachusetts on April

28, 1995. After promulgation, the Commonwealth must make the changes

listed above to receive full approval. This interim approval, which may

not be renewed, extends for a period of up to 2 years. During the

interim approval period, the Commonwealth is protected from sanctions

for failure to have a program, and EPA is not obligated to promulgate a

Federal permits program in the Commonwealth. Permits issued under a

program with interim approval have full standing with respect to Part

70, and the 1-year time period under the Act for submittal of permit

applications by subject sources begins upon interim approval, as does

the 3-year time period for processing the initial permit applications.

The scope of the Commonwealth of Massachusetts' part 70 program

that EPA is approving in this notice would apply to all part 70 sources

(as defined in the approved program) within the Commonwealth of

Massachusetts, except any sources of air pollution over which an Indian

Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-18 (Nov. 9,

1994). The term ``Indian Tribe'' is defined under the Act as ``any

Indian tribe, band, nation, or other organized group or community,

including any Alaska Native village, which is Federally recognized as

eligible for the special programs and services provided by the United

States to Indians because of their status as Indians.'' See section

302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25, 1994); 58 FR

54364 (Oct. 21, 1993).

Requirements for approval, specified in 40 CFR 70.4(b), encompass

section 112(l)(5) requirements for approval of a program for delegation

of section 112 standards as promulgated by EPA as they apply to Part 70

sources. Section 112(l)(5) requires that the State's program contain

adequate authorities, adequate resources for implementation, and an

expeditious compliance schedule, which are also requirements under Part

70. Therefore, the EPA is also granting approval under section

112(l)(5) and 40 CFR 63.91 of the State's program for receiving

delegation of section 112 standards that are unchanged from Federal

standards as promulgated. This program for delegations only applies to

sources covered by the Part 70 program.

III. Administrative Requirements

A. Opportunity for Public Comments

In a related notice in the Proposed Rule section the EPA is

providing an opportunity for comments on all aspects of this final

rule. Copies of the State's submittal and other information relied upon

for the interim approval are contained in a docket maintained at the

EPA Regional Office. The docket is an organized and complete file of

all the information submitted to, or otherwise considered by, EPA in

the development of this interim approval. The principal purposes of the

docket are:

(1) To allow interested parties a means to identify and locate

documents so that they can effectively participate in the approval

process, and

(2) To serve as the record in case of judicial review. The EPA will

consider any comments received by March 4, 1996.

B. Executive Order 12866

The Office of Management and Budget has exempted this action from

Executive Order 12866 review.

C. Regulatory Flexibility Act

The EPA's actions under section 502 of the Act do not create any

new requirements, but simply address operating permits programs

submitted to satisfy the requirements of 40 CFR Part 70. Because this

action does not impose any new requirements, it does not have a

significant impact on a substantial number of small entities.

D. 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 State, 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 action promulgated today does not

include a Federal mandate that may result in

[[Page 3831]]

estimated costs of $100 million or more to either State, local, or

tribal governments in the aggregate, or to the private sector. This

Federal action approves preexisting requirements under State or local

law, and imposes no new Federal requirements. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action.

List of Subjects in 40 CFR Part 70

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Operating permits,

Reporting and recordkeeping requirements.

Dated: November 28, 1995.

John P. DeVillars,

Regional Administrator, Region I.

Table I.--Reconfirmation of Part 60 and 61 Delegations

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PART 60 SUBPART CATEGORIES

D.................................... FOSSIL-FUEL FIRED STEAM

GENERATORS.

Da................................... ELECTRIC UTILITY STEAM

GENERATORS.

E.................................... INCINERATORS.

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.

L.................................... SECONDARY LEAD SMELTERS.

M.................................... SECONDARY BRASS AND BRONZE

PRODUCTION PLANTS.

N.................................... BASIC OXYGEN PROCESS FURNACES

PRIMARY EMISSIONS.

O.................................... SEWAGE TREATMENT PLANTS.

P.................................... PRIMARY COPPER SMELTERS.

Q.................................... PRIMARY ZINC SMELTERS.

R.................................... PRIMARY LEAD SMELTERS.

S.................................... PRIMARY ALUMINUM REDUCTION.

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.

Y.................................... COAL PREPARATION PLANTS.

Z.................................... FERROALLOY PRODUCTION FACILITIES.

AA................................... STEEL PLANTS-ELECTRIC ARC

FURNACES.

BB................................... KRAFT PULP MILLS.

CC................................... GLASS MANUFACTURING PLANTS.

DD................................... GRAIN ELEVATORS.

EE................................... SURFACE COATING OF METAL

FURNITURE.

GG................................... STATIONARY GAS TURBINES.

HH................................... LIME MANUFACTURING PLANTS.

KK................................... LEAD-ACID BATTERY MANUFACTURING.

MM................................... AUTO & LIGHT TRUCK SURFACE

COATING OPERATIONS.

NN................................... PHOSPHATE ROCK PLANTS.

PP................................... AMMONIUM SULFATE MANUFACTURING.

QQ................................... GRAPHIC ARTS-ROTOGRAVURE

PRINTING.

RR................................... TAPE AND LABEL SURFACE COATINGS.

SS................................... SURFACE COATING: LARGE

APPLIANCES.

TT................................... METAL COIL SURFACE COATING.

UU................................... ASPHALT PROCESSING ROOFING.

WW................................... BEVERAGE CAN SURFACE COATING.

XX................................... BULK GASOLINE TERMINALS.

FFF.................................. FLEXIBLE VINYL AND URETHAN

COATING AND PRINTING.

HHH.................................. SYNTHETIC FIBER PRODUCTION.

JJJ.................................. PETROLEUM DRY CLEANERS.

PART 61 SUBPART CATEGORIES

C.................................... BERYLLIUM.

D.................................... BERYLLIUM-ROCKET MOTOR.

E.................................... MERCURY.

F.................................... VINYL CHLORIDE.

M.................................... ASBESTOS.

N.................................... ARSENIC-GLASS MANUFACTURING.

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Table II.--Reconfirmation of Part 60 Delegations as They Apply to

Massachusetts Title V Operating Permits Program

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PART 60 SUBPART CATEGORIES

Db................................... INDUSTRIAL- COMMERCIAL-

INSTITUTIONAL STEAM GENERATING

UNIT.

Dc................................... SMALL INDUSTRIAL-COMMERCIAL-

INSTITUTIONAL STEAM GENERATING

UNITS.

Ea................................... MUNICIPAL WASTE COMBUSTORS.

[[Page 3832]]

Kb................................... PETROLEUM LIQUID STORAGE VESSELS

7/23/84.

AAa.................................. ELECTRIC ARC FURNACES AND ARGON-

OXYGEN DECARBURIZATION.

VV................................... EQUIPMENT LEAKS OF VOC IN SOCMI.

DDD.................................. VOC EMISSIONS FROM POLYMER

MANUFACTURING INDUSTRY.

III.................................. VOC FROM SOCMI AIR OXIDATION

UNIT.

NNN.................................. VOC FROM SOCMI DISTILLATION.

OOO.................................. NONMETALLIC MINERAL PLANTS.

PPP.................................. WOOL FIBERGLASS INSULATION.

RRR.................................. VOC EMISSIONS FROM SOCMI PROCESS.

SSS.................................. MAGNETIC TAPE COATING.

TTT.................................. SURFACE COATING OF PLASTIC PARTS

FOR BUSINESS MACHINES.

UUU.................................. CALCINERS & DRYERS IN THE MINERAL

INDUSTRY.

VVV.................................. POLYMERIC COATING OF SUPPORTING

SUBSTRATES.

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Table III.--Delegation of Part 63 Standards as They Apply to

Massachusetts Title V Operating Permits Program

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PART 63 SUBPART CATEGORIES

A.................................... General Provisions.

F.................................... National Emission Standards for

Organic Hazardous Air Pollutants

From the Synthetic Organic

Chemical Manufacturing Industry.

G.................................... National Emission Standards for

Organic Hazardous Air Pollutants

From the Synthetic Organic

Chemical Manufacturing Industry

Process Vents, Storage Vessels,

Transfer Operations, and

Wastewater.

H.................................... National Emission Standards for

Organic Hazardous Air Pollutants

for Equipment Leaks.

I.................................... National Emission Standards for

Organic Hazardous Air Pollutants

for Certain Processes Subject to

the Negotiated Regulation for

Equipment Leaks.

M.................................... National Perchloroethylene Air

Emission Standards for Dry

Cleaning Facilities.

N.................................... National Emission Standards for

Chromium Emissions from Hard and

Decorative Electroplating and

Chromium Anodizing Tanks.

O.................................... Ethylene Oxide Emission Standards

for Sterilization Facilities.

Q.................................... National Emission Standards for

Hazardous Air Pollutants for

Industrial Cooling Towers.

R.................................... National Emission Standards for

Organic Hazardous Air Pollutants

for Source Categories: Gasoline

Distribution (Stage I).

T.................................... National Emission Standards for

Halogenated Solvent Cleaning.

W.................................... National Emission Standards for

Organic Hazardous Air Pollutants

for Epoxy Resins Production and

Non-Nylon Polyamides Production.

X.................................... National Emission Standards for

Organic Hazardous Air Pollutants

from Secondary Lead Smelting.

EE................................... National Emission Standards for

Magnetic Tape Manufacturing

Operations.

------------------------------------------------------------------------

Part 70, title 40 of the Code of Federal Regulations is amended as

follows:

PART 70--[AMENDED]

1. The authority citation for part 70 continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended by adding the entry for

Massachusetts in alphabetical order to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating

Permits Programs

* * * * *

Massachusetts

(a) Department of Environmental Protection: submitted on April 28,

1995; interim approval effective on March 4, 1996; interim approval

expires March 2, 1998.

(b) (Reserved)

* * * * *

[FR Doc. 96-2248 Filed 2-1-96; 8:45 am]

BILLING CODE 6560-50-P