Clean Air Act Final Interim Approval of Operating Permits Program; Delegation of Section 112 Standards; State of Maine

DEPARTMENT OF TRANSPORTATION

40 CFR Part 70

[AD-FRL-5689-6]

Clean Air Act Final Interim Approval of Operating Permits

Program; Delegation of Section 112 Standards; State of Maine

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final interim approval.

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SUMMARY: The EPA is promulgating source category-limited interim

approval of the Operating Permits Program submitted by the State of

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

elsewhere in this Federal Register to add a sixth interim approval

issue which would require Maine to remove some of the activities listed

as insignificant in the State's rules. See the proposed rulemaking on

Maine's Title V program.

EFFECTIVE DATE: March 24, 1997.

ADDRESSES: Copies of the State's submittal and other supporting

information used in developing the final interim approval are available

for inspection during normal business hours at the following location:

Office of Ecosystem Protection, U.S. Environmental Protection Agency,

Region I, One Congress Street, 11th floor, Boston, MA.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, (617) 565-4298.

SUPPLEMENTARY INFORMATION:

I. Background

Title V of the 1990 Clean Air Act Amendments (sections 501-507 of

the Clean Air Act (``the Act'')), and implementing regulations at 40

Code of Federal Regulations (CFR) part 70 require that States develop

and submit operating permits 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 the end of an interim

program, it must establish and implement a Federal program.

On September 19, 1996, EPA proposed interim approval of the

operating permits program for the State of Maine. See 61 FR 49289. The

EPA received comments from the Town of Jay on the proposal. In this

document EPA is taking final action to promulgate interim approval of

the operating permits program for the State of Maine. In addition, EPA

is also proposing in this Federal Register to add a sixth interim

approval issue in response to the comment from the Town of Jay and

information submitted by other parties concerned about Jay's comment.

II. Response to Comments

The comments received on EPA's September 19, 1996 proposal to grant

interim approval to the Maine Program and EPA's response to those

comments are as follows:

Comment: The Town of Jay believes that EPA should require the State

of Maine to remove six activities from the State's list of

insignificant activities. The six activities are: (1) Paper forming;

(2) vacuum system exhaust; (3) liquor clarifier and storage tanks and

associated pumping, piping, and handling; (4) stock cleaning and

pressurized pulp washing; (5) broke beaters, repulpers, pulp and

repulping tanks, stock chests and bulk pulp handling; and (6) sewer

manholes, junction boxes, sumps and lift stations associated with

wastewater treatment systems.

Response: Based on the Town's comment and other information EPA has

received concerning this issue, EPA is proposing in this Federal

Register to require the State of Maine to remove the six activities

listed above from its list of insignificant activities. Please refer to

the proposed action elsewhere in this Federal Register for a discussion

of this issue.

III. Final Action

The EPA is promulgating source category-limited interim approval of

the operating permits program submitted by the State of Maine on

October 23, 1995. The State must make the changes specified in the

proposed rulemaking, under II.B., Proposed Action, in order to be

granted full approval. See 61 FR 49292-49293 (September 19, 1996) for a

complete discussion of those conditions. In brief they are: (1) Failure

to allow for Section 502(b)(10) changes; (2) failure to require

processing ``Part 70 Minor Change'' within 90 days; (3) allowing a

change at a facility, defined as ``Part 70 Minor Revision,'' that could

increase emissions up to 4 tons per year of a regulated pollutant or 8

tons per year for all regulated pollutants to be processed without EPA

or affected state review; (4) allowing a facility, under limited

circumstances, to continue to emit up to the previous licensed level

for up to 24 months after the license is amended; and (5) allowing an

activity that emits between 1 and 4 tons of hazardous air pollutants to

be classified as insignificant.

The scope of the State of Maine's Part 70 program approved in this

document applies to all Part 70 sources (as defined in the approved

program) 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

[[Page 7940]]

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 taking no position

in this notice on the question whether any Indian Tribe located in

Maine has jurisdiction over sources of air pollution.

This interim approval extends until March 22, 1999. During this

interim approval period, the State of Maine is protected from

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

enforce a Federal operating permits program in 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 this interim approval, as does the 3-year time period for processing

the initial permit applications.

If the State of Maine fails to submit a complete corrective program

for full approval by September 21, 1998, EPA will start an 18-month

clock for mandatory sanctions. If the State of Maine 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 State of Maine has 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 has found complete, a

second sanction will be required.

If EPA disapproves the State of Maine's 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 State of Maine 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 State of Maine has not submitted a

revised program that EPA has determined corrects the deficiencies, a

second sanction is required.

In addition, discretionary sanctions may be applied where warranted

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

State of Maine has not timely submitted a complete corrective program

or EPA has disapproved its submitted corrective program. Moreover, if

EPA has not granted full approval to the State of Maine program by the

expiration of this interim approval, since the expiration would occur

after November 15, 1995, EPA would be required to promulgate,

administer and enforce a Federal permits program for the State of Maine

upon interim approval expiration.

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. As discussed in the September 19, 1996 proposal to approve Maine's

authority to take delegation of section 112 standards, Maine submitted

a supplemental letter dated June 24, 1996 addressing the 112(l)(5)

requirements for area/minor sources. Therefore, the EPA is also

promulgating 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 applies to sources covered by the Part 70 program as well

as area/minor sources.

IV. Administrative Requirements

A. Docket

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

for the final interim approval, including comments received by the

State of Maine and reviewed by EPA on the proposal, are contained in

the 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 final interim

approval. The docket is available for public inspection at the location

listed under the ADDRESSES section of this document.

B. Petitions for Judicial Review

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 April 22, 1997. 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).)

C. Executive Order 12866

The Office of Management and Budget has exempted this action from

Executive Order 12866 review.

D. 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.

E. Unfunded Mandates

Under sections 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 approval action promulgated 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 pre-

existing 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. Additionally, it will not cost $100 million to operate or

comply with this program.

F. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) of the Regulatory Flexibility Act, as

added by the Small Business Regulatory Enforcement Fairness Act of

1996, EPA submitted a report containing this rule and other required

information to the U.S. Senate, the U.S. House of Representatives and

the Comptroller General of the General Accounting Office prior to

publication of the rule in today's Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

[[Page 7941]]

List of Subjects in 40 CFR Part 70

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Operating permits,

and Reporting and recordkeeping requirements.

Dated: February 5, 1997.

John P. DeVillars,

Regional Administrator, Region I.

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 Maine

in alphabetical order to read as follows:

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

Permits Programs

* * * * *

Maine

(a) Department of Environmental Protection: submitted on October

23, 1995; source category-limited interim approval effective on

March 24, 1997; source category-limited interim approval expires

March 22, 1999.

(b) [Reserved]

* * * * *

[FR Doc. 97-4327 Filed 2-20-97; 8:45 am]

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