Clean Air Act Interim Approval of Operating Permits Program; Delegation of Sections 111 and 112 Standards; State of Maine

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[AD-FL-5611-5]

Clean Air Act Interim Approval of Operating Permits Program;

Delegation of Sections 111 and 112 Standards; State of Maine

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes source category-limited interim approval of

the Operating Permits Program submitted by Maine 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 proposing to approve Maine's authority to

implement hazardous air pollutant requirements.

DATES: Comments on this proposed action must be received in writing by

October 21, 1996.

ADDRESSES: Comments should be addressed to Donald Dahl, Air Permits,

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

Building, Boston, MA 02203-2211. Copies of the State's submittal and

other supporting information used in developing the proposed interim

approval are available for inspection during normal business hours at

the following location: U.S. Environmental Protection Agency, Region 1,

One Congress Street, 11th floor, Boston, MA 02203-2211.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, CAP, U.S. Environmental

Protection Agency, Region 1, JFK Federal Building, Boston, MA 02203-

2211, (617) 565-4298.

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

[[Page 49290]]

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. Additionally, where a state can demonstrate to the

satisfaction of EPA that reasons exist to justify granting a source

category-limited interim approval, EPA may so exercise its authority. A

program with a source category-limited interim approval is one that

substantially meets the requirements for Part 70 and that applies to at

least 60% of all affected sources which account for 80% of the total

emissions in the state. 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.

B. Federal Oversight and Sanctions

If EPA were to finalize this proposed interim approval, it would

extend for two years following the effective date of final interim

approval. During the interim approval period, the State of Maine would

be protected from sanctions, and EPA would not be obligated to

promulgate, administer and enforce a Federal permits program for the

State of Maine. 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 begins upon the

effective date of interim approval, as does the 3-year time period for

processing the initial permit applications except for source category-

limited interim approval.1

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

earlier than required under section 503(c). See Chapter 140,

Appendix C.3. of Maine's rules.

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Following final interim approval, if the State of Maine failed to

submit a complete corrective program for full approval by the date 6

months before expiration of the interim approval, EPA would start an

18-month clock for mandatory sanctions. If the State of Maine then

failed to submit a corrective program that EPA found complete before

the expiration of that 18-month period, EPA would apply sanctions as

required by section 502(d)(2) of the Act, which would remain in effect

until EPA determined that the State of Maine had corrected the

deficiency by submitting a complete corrective program. If, six months

after application of the first sanction, the State of Maine still has

not submitted a corrective program that EPA finds complete, a second

sanction will be required.

If, following final interim approval, EPA were to disapprove the

State of Maine's complete corrective program, EPA would be required

under section 502(d)(2) to apply sanctions on the date 18 months after

the effective date of the disapproval, unless prior to that date the

State of Maine had submitted a revised program and EPA had determined

that it corrected the deficiencies that prompted the disapproval. If,

six months after EPA applies the first sanction, the State of Maine has

not submitted a revised program that EPA has determined corrected the

deficiencies that prompted disapproval, a second sanction will be

required.

Moreover, if EPA has not granted full approval to the State of

Maine's 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 State of Maine

upon interim approval expiration.

II. Proposed Action and Implications

A. Analysis of State Submission

The analysis contained in this document focuses on specific

elements of Maine's title V operating permits program that must be

corrected to meet the minimum requirements of 40 CFR Part 70. The full

program submittal, technical support document (TSD), dated July 5, 1996

entitled ``Technical Support Document--Maine Operating Permits

Program,'' which contains a detailed analysis of the submittal, and

other relevant materials are available for inspection as part of the

public docket. The docket may be viewed during regular business hours

at the address listed above.

1. Title V program support materials. Maine's title V program was

submitted by the State on October 23, 1995 (PROGRAM). The submittal was

found to be administratively complete on December 29, 1995. The PROGRAM

consisted of a Governor's letter, program description, Attorney

General's legal opinion, license regulations and enabling legislation,

program documentation, and a detailed license fee demonstration. On

June 24, 1996, Maine submitted a supplement to their PROGRAM, which

included a supplemental opinion from the Attorney General's Office and

a clarification from DEP on several aspects of the PROGRAM.

2. Title V operating permit regulations and implementation. Maine's

regulations implementing Part 70 include Department of Environmental

Protection, Bureau of Air Quality Control Regulation, Chapters 100 and

140.2 The Maine PROGRAM, including the operating license

regulations, substantially meets the requirements of 40 CFR Part 70,

including Secs. 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, Secs. 70.7 and 70.8 with respect to public

participation and review by affected states and EPA, and Sec. 70.11

with respect to requirements for enforcement authority. Although the

regulations substantially meet Part 70 requirements, there are program

deficiencies that are outlined in section II.B. below as Interim

Approval issues. Those Interim Approval issues are more fully discussed

in the TSD. The ``Issues'' section of the TSD also contains a detailed

discussion of elements of Part 70 that are not explicitly contained in

Maine's program regulations, but which are satisfied by other elements

of Maine's program submittal or other Maine State law. Also discussed

in the TSD are certain elements of Maine's title V regulation that are

in need of a legal interpretation and which EPA is interpreting to be

consistent with Part 70 with the understanding that Maine shares such

interpretation. Those elements include: (1) What constitutes an

increase of a regulated pollutant in the definition of ``modification

or modified source;'' (2) license modification procedures when

replacing pollution control equipment; (3) the process for adjusting

test methods; (4) the due date for license renewal applications; (5)

what types of changes are allowed to occur off permit; (6) State

limitations on emission trading under operational flexibility; (7) how

a source looses its application shield for failure to submit additional

information; (8) the enforcement consequences for a source operating

using a general permit for which it does not qualify; and (9) the

liability of the original licensees until DEP approves a license

transfer and the timing of applications for license transfers. EPA

understands that Maine will implement its program consistent with EPA's

interpretations, and will base this interim approval on these

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interpretations unless Maine comments to the contrary.

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\2\ The DEP regulations use the term ``license'' where EPA's

regulations use the term ``permit.'' In an attempt to be consistent

with the underlying regulations, this document will generally use

the term ``license'' when describing the state regulation and the

term ``permit'' when describing the federal regulation.

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Variances. Pursuant to 38 M.R.S.A. Sec. 587 the Maine DEP has the

authority to issue a variance under certain circumstances from air

pollution control requirements imposed by State law. Additionally

pursuant to 38 M.R.S.A. Secs. 590(3) and (6) the DEP has authority

under state law to include in an air license compliance schedules up to

24 months and to grant allowances for excess emissions during cold

start-ups and planned shutdowns. Each of these authorities could be

interpreted to provide for variances under state law from the

obligation to comply with air pollution control requirements that

correspond to federal applicable requirements in the Part 70 permit.

The EPA regards Maine's variance provisions as wholly external to the

program submitted for approval under Part 70 and consequently is

proposing to take no action on these provisions of State law. The EPA

has no authority to approve provisions of State law that are

inconsistent with the Act. The EPA does not recognize the ability of a

permitting authority to grant relief from the duty to comply with a

federally enforceable Part 70 permit, except where such relief is

granted through procedures allowed by Part 70. A Part 70 permit may be

issued or revised (consistent with Part 70 procedures), to incorporate

those terms of a variance that are consistent with applicable

requirements. A Part 70 permit may also incorporate, via Part 70 permit

issuance or revision procedures, the schedule of compliance set forth

in a variance. However, EPA reserves the right to pursue enforcement of

applicable requirements notwithstanding the existence of a compliance

schedule in a DEP license. This is consistent with 40 CFR

70.5(c)(8)(iii)(C), which states that a schedule of compliance ``shall

be supplemental to, and shall not sanction noncompliance with, the

applicable requirements on which it is based.'' Additionally, the Maine

Attorney General's Opinion specifically addresses these variance

provisions and clarifies that were DEP to grant a variance and seek to

modify the operating license to incorporate the variance as a Part 70

permit term, EPA would have the opportunity to object if the variance

were not in compliance with the applicable requirements of the Act. See

Legal Opinion of Andrew Ketterer, Maine Attorney General, November 13,

1995, at pages 3-4.

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

(``CPI'').

As part of its PROGRAM, Maine submitted a detailed fee

demonstration. Maine has demonstrated that PROGRAM costs will be $1.7

million dollars per year and that the State will collect 2.1 million

dollars from title V sources. EPA has reviewed Maine's fee

demonstration and believes that DEP has made reasonable assumptions

concerning permit processing costs, license oversight, and resource

demands to support the program. DEP has specifically enumerated its

expected fee revenues from Part 70 sources in the State to support its

income projections. Therefore, Maine has demonstrated that the State

will collect sufficient permit fees to meet EPA requirements. For more

information, see the detailed fee demonstration of Maine's title V

Program in the docket supporting this action.

4. Provisions implementing the requirements of other titles of the

act. a. Authority and/or commitments for section 112 implementation.

Maine has demonstrated in its title V program submittal adequate legal

authority to implement and enforce all section 112 requirements through

the title V permit. This legal authority is contained in Maine's

enabling legislation, regulatory provisions defining ``applicable

requirements,'' and the requirement that a title V permit must

incorporate all applicable requirements. EPA has determined that this

legal authority is sufficient to allow Maine to issue permits that

assure compliance with all section 112 requirements and to carry out

all section 112 activities. In addition, given Maine's commitments

regarding implementation of the State's title V program, EPA has

determined that the State will issue permits that assure compliance

with all section 112 requirements, and will carry out all section 112

activities. For further discussion of this subject, please refer to the

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

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

of the Office of Air Quality Planning and Standards.

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 the requirements of 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 the effective date of section 112(g), Maine

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 for section 112(g) requirements. EPA

believes that Maine can utilize the provisions found in Section 140.6

governing the licensing of new or reconstructed HAP sources to serve as

a procedural vehicle for implementing the 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 section 112(g). Maine has generally patterned these

provisions on EPA's most recent proposals for implementing section

112(g) of the Act. For this reason, EPA is proposing to approve Maine's

preconstruction permitting program found in Section 140.6 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 and Maine's Section 140.6

needs to be revised to accord with EPA's final section 112(g) rule.

Also, since the approval would be for the limited purpose of allowing

the State sufficient time to adopt regulations, EPA proposes to limit

the duration of the approval to 18 months following promulgation by EPA

of its section 112(g) rule. Finally, since Maine has already adopted

program regulations imposing MACT on the types of changes addressed

under section 112(g), Maine may be in a position to fully implement

section 112(g) immediately upon final promulgation of section 112(g)

rule,

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without further modification of Chapter 140, if Maine's current

regulation corresponds to EPA's final 112(g) rule.

c. Program for straight delegation of sections 111 and 112

standards. The Part 70 requirements for approval of a State operating

permit program, specified in 40 CFR 70.4(b), encompass section

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

hazardous air pollutant program General Provisions, Subpart A, of 40

CFR Parts 61 and 63, promulgated under section 112 of the Act, and MACT

standards as promulgated by EPA as they apply to Part 70 sources.

Section 112(l)(5) requires that a State's program contain adequate

legal authorities, adequate resources for implementation, and an

expeditious compliance schedule, which are also requirements under Part

70. The Maine Department of Environmental Protection provided a

supplemental request on June 24, 1996, for delegation of non-part 70

sources and along with the PROGRAM submitted information regarding

adequate legal authorities, adequate resources for implementation, and

an expeditious compliance schedule. Therefore, EPA is also proposing to

grant approval under section 112(l)(5) and 40 CFR Sec. 63.91 of Maine's

mechanism for receiving delegation for both major and area sources of

section 112 standards that are unchanged from the Federal standards as

promulgated (straight delegation) and section 112 infrastructure

programs such as those programs authorized under sections 112(i)(5),

112(g), 112(j), and 112(r). In addition, EPA is reconfirming the

delegation of 40 CFR Parts 60 and 61 standards currently delegated to

Maine as indicated in Table I.3 The original delegation agreement

between EPA and Maine was set forth in a letter to Henry E. Warren on

September 30, 1982. For future delegation of Part 60 standards Maine

will use the process as outlined in letter from James Brooks to Gerald

C. Potamis, dated June 24, 1996. Please note EPA has withdrawn

delegation of the following NESHAPs at Maine's request: Subpart L

``Benzene-Coke By Product Recovery,'' Subpart Q ``Radon-DOE,'' Subpart

Y ``Benzene Storage Vessels,'' Subpart T ``Radon Disposal of Uranium,''

Subpart BB ``Benzene Transfer Operations,'' and Subpart FF ``Benzene

Waste Operations.'' Maine requested the withdrawal because there

currently are no applicable sources in the State.

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\3\ Please note that federal rulemaking is not required for

delegation of section 111 standards.

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EPA is proposing to delegate all applicable future 40 CFR Part 61

and 63 standards pursuant to the following mechanism unless otherwise

requested by Maine.4 Maine will accept future delegation of

standards using incorporation by reference. The details of this

delegation mechanism will be set forth in a future Memorandum of

Agreement between EPA and Maine. This program will apply to both

existing and future standards for both major and area sources. In

addition, Maine has indicated that for some section 112 standards it

may choose to submit a more stringent State rule or program for EPA

approval under section 112(l). EPA will need to take public notice and

comment for any section 112 delegation other than straight delegation.

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\4\ The radionuclide National Emission Standards for Hazardous

Air Pollutants (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 source'' 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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d. Implementation of Title IV of the Act. Maine makes a commitment

in Attachment H of its Program submittal to revise its regulations as

necessary in order to implement the Acid Rain provisions.

e. New source review requirements. Maine's program submittal

included definitions under Chapter 100 and licensing requirements under

Chapters 115 and 140 designed to implement preconstruction new source

review (NSR) permitting requirements for new and modified major and

minor sources of air pollutants. This action under Title V of the Act

and 40 CFR Part 70 is not an approval of these NSR provisions into the

Maine State implementation plan (SIP), nor does EPA take any position

under the Act in this action on the adequacy of Chapters 100, 115, and

140 to the extent they modify NSR requirements currently approved into

the SIP. EPA will act on these provisions under section 110 of the Act

after Maine requests EPA to approve them into the SIP.5

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\5\ Note that the Attorney General's opinion at several points

appears to assume that EPA will be approving all of Maine's

licensing program into the SIP. See Attorney General's Opinion at

pages 3, 10, 11, and 19. As discussed further in the TSD, DEP has

not requested EPA to approve all of these license requirements in

the SIP, and some licensing provisions that relate primarily to

operating requirements as opposed to new or modified sources may not

be appropriate for approval into the SIP.

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B. Proposed Action

The scope of Maine's Part 70 program covers all Part 70 sources

within the state of Maine, 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). EPA is not taking any position in

this action on whether any Federally recognized tribe in Maine has

jurisdiction over sources of air pollution.

Requirements for approval of an operating permit program, 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. Maine has also

demonstrated it has the authority and capacity to implement and enforce

section 112 standards for non-Part 70 sources. As discussed above,

Maine's submittal meets the requirements for EPA approval of delegation

of section 112 standards. Therefore, EPA is also proposing to grant

approval under section 112(l)(5) and 40 CFR Sec. 63.91 of the State's

mechanism for receiving delegation of section 112 standards that are

unchanged from Federal standards as promulgated. Maine will be

incorporating by reference section 112 standards for both major and

area sources.

The EPA is proposing to grant source category-limited interim

approval to the operating permits program submitted by Maine on October

24, 1995. Maine has proposed to permit 74% of its Title V sources which

emit 89% of the total emissions of all Title V sources within the first

three years of program approval. If promulgated, the State must make

the following changes in its rule to receive full approval:

1. Maine does not allow for ``section 502(b)(10)'' changes at a

title V source. See 40 CFR Sec. 70.4(b)(12)(i). In an August 29, 1994

(59 FR 44572) rulemaking proposal, EPA proposed to eliminate section

502(b)(10) changes as a mechanism for implementing operational

flexibility. However, the Agency solicited comment on the rationale for

this proposed elimination. If EPA should conclude, during a final

rulemaking, that section 502(b)(10)

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changes are no longer required as a mechanism for operational

flexibility, then Maine will not be required to address 502(b)(10)

changes in its rule.

2. Maine's rules do not require the DEP to process a ``Part 70

Minor Change'' within 90 days of receiving an application. See 40 CFR

Sec. 70.7(e)(2)(iv). A ``Part 70 Minor Change'' is similar to a minor

permit modification under Part 70, except for the exclusion of

construction projects which are excluded in the State's rule. A ``Part

70 Minor Change,'' as defined by the State, includes a provision

allowing facilities to implement a proposed permit modification upon

application and prior to DEP's review. Maine must revise its program

regulations to require that DEP process all Part 70 minor changes

within 90 days of receiving the application to avoid the possibility of

a source operating indefinitely based on an unreviewed proposed permit

modification.

3. Section 140.7 contains provisions for a ``Part 70 Minor

Revisions.'' This permitting track allows Maine to process emission

increases under 4 tons per year of one regulated pollutant or under 8

tons per year total for all regulated pollutants without EPA, affected

state, or public review. This provision is inconsistent with the most

nearly analogous permit modification requirements in EPA's current

rule, which require minor permit modifications to receive at least

affected state and EPA review. On August 31, 1995, EPA proposed changes

in the Part 70 permit modification procedures that might accommodate

such changes. (See 60 FR 45530, 45538). If EPA amends Part 70 to allow

for such changes, then Maine may not need to revise this provision

depending on whether netting transactions can qualify under the 4 and 8

ton per year thresholds. Under EPA's current rule, however, Maine must

revise its program regulations to make Part 70 Minor Revisions

consistent with EPA's minor permit modification process at 40 CFR

Sec. 70.7(e)(2).

4. In Section 140.5(B)(6)(j), Maine allows a source under certain

circumstances to continue to emit up to the previously licensed level

for up to 24 months after the license is amended, potentially not in

compliance with applicable requirements. Maine must revise its program

regulations to limit this section to requirements enforceable only by

the State, as provided in Section 140.5(A)(6)(m). As discussed above in

connection with Maine's statutory variance authorities, EPA is required

to object to any permit terms not in compliance with applicable

requirements, including any such terms incorporated into a license,

pursuant to Section 140.4(B)(6)(j), being issued as a title V permit.

5. Appendix B of Chapter 140 contains a list of activities which

the State plans on treating as insignificant. Section B(1) of this

Appendix allows for any activity with emissions less than 1 ton per

year of any pollutant or 4 tons per year of all pollutants to be

treated as insignificant. In addition, Section B(2) incorporates

emission level thresholds for HAPs which are equal to or in many cases

far less than one ton per year. It is possible to interpret these two

sections to allow an activity emitting one ton per year of even a very

potent HAP to be treated as insignificant under Section B(1), even if

it emits in excess of any lower threshold set under Section B(2). EPA

understands this is a result DEP did not intend. Moreover, Sections

B(1) and B(2) could be read to allow a permittee to treat a combination

of up to four tons per year of HAPs to be treated as insignificant, as

long as no one HAP exceeded the thresholds in Section B(2). EPA has

required insignificant activities to emit no more than one ton per year

of HAPs. DEP must revise Appendix B to limit insignificant HAP

emissions to one ton per year for single HAPs and one ton per year for

a combination of HAPs.

III. Administrative Requirements

A. Request for Public Comments

The EPA is requesting comments on all aspects of this proposed

interim approval. Copies of the State's submittal and other information

relied upon for the proposed 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 proposed 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 administrative record in the event of judicial

review. The EPA will consider any comments received by October 21,

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 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

Administrative practice and procedure, Air pollution control,

Intergovernmental relations, Operating permits, and Reporting and

recordkeeping requirements.

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

Dated: September 8, 1996.

John P. DeVillars,

Regional Administrator, Region I.

Table I to the preamble--Reconfirmation of Part 60 and 61 Delegations

Part 60 Subpart Categories

D Fossil-Fuel Fired Steam Generators

Da Electric Utility Steam Generators

Db Industrial-Commercial-Institutional

Steam Generating Units

Dc Small Industrial-Commercial-

Institutional Steam Generating Units

E Incinerators

Ea Municipal Waste Combustors

F Portland Cement Plants

G Nitric Acid Plants

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H Sulfuric Acid Plants

I Asphalt Concrete Plants

J Petroleum Refineries

K Petroleum Liquid Storage Vessels

Ka Petroleum Liquid Storage Vessels 5/18/

78

Kb Volatile Organic Liquid Storage

Vessels 7/23/84

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-Granular 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

DD Grain Elevators

EE Surface Coating of Metal Furniture

GG Stationary Gas Turbines

HH Lime Manufacturing Plants

KK Lead-Acid Battery Manufacturing

LL Metallic Mineral Processing Plants

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

VV Equipment Leaks of VOC in SOCMI

WW Beverage Can Surface Coating

XX Bulk Gasoline Terminals

BBB Rubber Tire Manufacturing

DDD VOC Emissions From Polymer

Manufacturing Industry

FFF Flexible Vinyl and Urethan Coating

and Printing

GGG Equipment Leaks of VOC in Petroleum

Refineries

HHH Synthetic Fiber Production

III VOC From SOCMI Air Oxidation Unit

JJJ Petroleum Dry Cleaners

NNN VOC From SOCMI Distillation

OOO Nonmetallic Mineral Plants

QQQ VOC From Petroleum Refinery

Wastewater Systems

SSS Magnetic Tape Coating

VVV Polymeric Coating of Supporting

Substrates

Part 61 Subpart Categories

C Beryllium

E Mercury

F Vinyl Chloride

J Equipment Leaks of Benzene

M Asbestos

V Equipment Leaks (Fugitive Emission

Sources)

[FR Doc. 96-23791 Filed 9-18-96; 8:45 am]

BILLING CODE 6560-50-P