Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Emission Statements

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA-19-1-6648a; A-1-FRL-5436-3]

Approval and Promulgation of Air Quality Implementation Plans;

Massachusetts; Emission Statements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving Massachusetts' revised 310 CMR 7.12,

``Inspection Certificate, Record Keeping and Reporting'' and

incorporating it into Massachusetts' SIP. EPA received revisions to the

Massachusetts SIP revising 310 CMR 7.12 on three separate occasions

however, EPA is addressing all three submissions in this action. These

revisions to 310 CMR 7.12 streamline and clarify the permitting process

and address the Clean Air Act's emission statement program requirement.

This action is being taken in accordance with the Clean Air Act.

DATES: This action is effective May 20, 1996, unless, notice is

received by April 22, 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 may be mailed to Susan Studlien, Acting Director,

Air, Pesticides and Toxics Management Division, U.S. Environmental

Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.

Copies of the documents relevant to this action are available for

public inspection during normal business hours, by appointment

[[Page 11557]]

at the Air, Pesticides and Toxics Management Division, U.S.

Environmental Protection Agency, Region I, One Congress Street, 10th

floor, Boston, MA and the Division of Air Quality Control, Department

of Environmental Protection, One Winter Street, Boston, MA.

FOR FURTHER INFORMATION CONTACT: David Conroy, (617) 565-3254.

SUPPLEMENTARY INFORMATION:

I. Background

The air quality planning and State Implementation Plan (SIP)

requirements for ozone nonattainment and transport area 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 ozone

nonattainment areas. Among the requirements in section 182(a) is a

program in paragraph (3)(B) of that subsection for stationary sources

to prepare and submit to the State each year emission statements

showing actual emissions of volatile organic compounds (VOC) and

nitrogen oxides (NOX). This paragraph provides that the States are

to submit a revision to their State Implementation Plans (SIPs) by

November 15, 1992 establishing their 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 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.

Massachusetts is located in the ozone transport region and is a

classified ozone nonattainment area. Therefore, Massachusetts is

subject to the more stringent source threshold requirement of

182(a)(3)(B). Massachusetts' source thresholds of the emission

statement regulation 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. Massachusetts has provided a 1990

baseyear inventory which includes emissions from sources that emit

below 25 tpy of VOC or NOX emissions and will be updating this

inventory every three years until the area is redesignated to

attainment. In addition, the methods and emission factors used by

Massachusetts to calculate emissions for the 1990 baseyear inventories

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).

On July 15, 1994, EPA received the SIP submittal of amendments to

310 CMR 7.12 addressing emission statement requirements. The amendments

were adopted by Massachusetts on June 29, 1994 and became effective on

July 1, 1994. Hearings were held on May 6, 10, 11, and 13, 1994. EPA

deemed the submittal complete on July 15, 1994 and the sanctions clocks

were stopped. However, the February 21, 1993 finding also triggered the

Federal Implementation Plan (FIP) clock. EPA has remained obligated to

promulgate a FIP clock until this final rulemaking action is taken.

Therefore, the FIP clock is stopped on the effective date of this final

rulemaking action approving Massachusetts' emission statement program.

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

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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).

Massachusetts was notified in a letter dated January 15, 1993, that

if the emission statement submittal was not received by February 21,

1993, a finding of failure to submit will automatically be made. Since

Massachusetts did not submit the SIP revision until July 15, 1994,

findings were made. EPA reviewed the submittal and deemed it complete

on July 15, 1994. Therefore, the sanctions clock was stopped. However,

the February 21, 1993 finding also triggered the Federal Implementation

Plan (FIP) clock. EPA has remained obligated to promulgate a FIP until

this final rulemaking action is taken. Therefore, the FIP clock is

stopped on the effective date of this final rulemaking action approving

the emission statement program.

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.

The July 15, 1994 submittal did not fully meet the data element

requirement for an approvable emission statement program. EPA notified

Massachusetts with a list of data elements that Massachusetts needed to

add to the source registration forms for EPA to approve its emission

statement program. Massachusetts assured EPA in a letter, dated

December 30, 1994, that the data elements were being incorporated into

the source registration forms. Massachusetts' source registration forms

do require all the EPA required data elements. The uploading of

emission statement information to AIRS, by July 1 of each year, is a

grant condition that EPA has negotiated with Massachusetts.

3. Sources Covered

Section 182(a)(3)(B) requires that States with areas designated as

nonattainment for ozone require emission statement data from 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. Massachusetts emission statement

regulations have exempted sources with VOC and NOX emissions below

25 tpy from emission statement requirements. Massachusetts has provided

1990 baseyear inventories which include emissions from sources that

emit 25 tpy of VOC or NOX 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 Massachusetts 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 Massachusetts is designated as nonattainment

for ozone and is located within the boundaries of the ozone transport

region. 310 CMR 7.12(1)(b) states that information required by 310 CMR

7.12(1)(a) shall be submitted annually for any facility having actual

emissions greater than or equal to:

(1) Volatile organic compounds, 25 tpy

(2) Nitrogen oxides, 25 tpy

(3) Any other pollutant regulated under the Act, 100 tpy and once

every three years for all other facilities.

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 notice.

The emission statement submitted by the source will 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.

Massachusetts sends a cover letter accompanying the emission

statement forms to the facilities. The cover letter, included in the

SIP submittal, requires that the forms be completed using data

pertaining to the facility's operations during calendar year 1993 and

returned to DEP no later than June 1, 1994. EPA is approving this

submittal date since the Emission Statement Workgroup is

[[Page 11559]]

proposing to require States to submit emission statement data to AIRS

by November 15 rather than July 1. Massachusetts will have sufficient

time to submit data to AIRS by November 15 if sources submit emission

statements by June 1.

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.

Massachusetts provides the sources with Source Registration/

Emission Statement forms. On December 30, 1994, Massachusetts sent a

letter notifying EPA that the current Source Registration/Emission

Statement forms are being modified in format to provide to industry a

summary of the data in the DEP SSEIS (and EPA AIRS) system as a basis

for update and certification of emissions. In addition, the letter

included data elements that had been added or are in the process of

being added to the forms.

III. Final Action

EPA is approving Massachusetts' revised 310 CMR 7.12, ``Inspection

Certificate, Record Keeping and Reporting'' and incorporating it into

Massachusetts' SIP. EPA is publishing this action without prior

proposal because the Agency views this as a noncontroversial amendment

and anticipates no adverse comments. However, in a separate document in

this Federal Register publication, EPA is proposing to approve the SIP

revision should adverse or critical comments be filed. This action will

be effective May 20, 1996, unless adverse or critical comments are

received by April 22, 1996.

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

before the effective date by simultaneously publishing a subsequent

notice 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 May 20, 1996.

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. Secs. 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 Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Section 182(a)(3)(B) of

the Clean Air Act. These rules may bind State, local and tribal

governments to perform certain actions and also require the private

sector to perform certain duties. To the extent that the rules being

approved by this action will impose no new requirements; such sources

are already subject to these regulations under State law. Accordingly,

no additional costs to State, local, or tribal governments, or to the

private sector, result from this action. EPA has also determined that

this final action does not include a mandate that may result in

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

governments in the aggregate or to the private sector.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from review under Executive Order

12866.

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, I certify

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).

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

the 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.

Under Section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by May 20, 1996. 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).)

List of Subjects in 40 CFR Part 52

Air pollution control, Hydrocarbons, Incorporation by reference,

Intergovernmental relations, Nitrogen dioxide, Oxides of nitrogen,

Reporting and recordkeeping requirements, Volatile organic compounds.

Notes: Incorporation by reference of the State Implementation

Plan for the State of Massachusetts was approved by the Director of

the Federal Register on July 1, 1982.

Dated: September 18, 1995.

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 W--Massachusetts

2. Section 52.1120 is amended by adding paragraph (c)(106) to read

as follows:

Sec. 52.1120 Identification of plan.

* * * * *

(c) * * *

(106) Revisions to the State Implementation Plan submitted by the

Massachusetts Department of Environmental Protection on June 28, 1990,

September 30, 1992, and July 15, 1994.

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(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental

Protection, dated June 28, 1990, submitting a revision to the

Massachusetts State Implementation Plan.

(B) Letter from the Massachusetts Department of Environmental

Protection, dated September 30, 1992, submitting a revision to the

Massachusetts State Implementation Plan.

(C) Letter from the Massachusetts Department of Environmental

Protection, dated July 15, 1994, submitting a revision to the

Massachusetts State Implementation Plan.

(D) Regulation 310 CMR 7.12 entitled ``Inspection Certification

Record Keeping and Reporting'' which became effective on July 1, 1994.

(ii) Additional materials.

(A) Nonregulatory portions of submittal.

(B) Letter from the Massachusetts Department of Environmental

Protection, dated December 30, 1994, assuring EPA that the data

elements noted in EPA's December 13, 1994 letter were being

incorporated into the source registration forms used by Massachusetts

emission statement program.

(ii) Additional materials.

(A) Nonregulatory portions of submittal.

* * * * *

3. In Sec. 52.1167 Table 52.1167 is amended by adding new state

citations for entry 310 CMR 7.12 to read as follows:

Sec. 52.1167 EPA--approved Massachusetts State regulations

* * * * *

Table 52.1167--EPA--Approved Massachusetts Regulations

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Date Comments/

State citation Title/subject submitted Date approved by EPA Federal Register citation 52.1120(c) unapproved

by State sections

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* * * * * * *

310 CMR 7.12............ Inspection Certificate 6/28/90; 9/ March 21, 1996............. 61 FR 1559............... 106 The 6/28/90 and 9/

Record Keeping and 30/92; 7/ 30/92 submittals

Reporting. 15/94 deal with the

permitting

process. The 7/15/

94 submittal

develops 7.12 to

comply with

emission

statement

requirements.

* * * * * * *

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[FR Doc. 96-6781 Filed 3-20-96; 8:45 am]

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