Clean Air Act Interim Approval of Operating Permits Program; State of Maine

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[AD-FRL-5689-5]

Clean Air Act Interim Approval of Operating Permits Program;

State of Maine

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes adding a sixth interim approval condition to

its 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. In today's Federal

Register, see the final interim approval granting Maine's program, EPA

is granting source category-limited interim approval to Maine's

Operating Permits Program subject to five conditions listed in that

action.

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

March 24, 1997.

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,

[[Page 7979]]

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 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.

B. Federal Oversight and Sanctions

If EPA were to finalize this additional condition for interim

approval, it would extend for two years following the effective date of

final interim approval, which is 30 days from today. 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.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

This document focuses on adding a sixth condition for granting full

approval of Maine's title V operating permits program. Maine's title V

program, submitted on October 23, 1995, contained a list of

``insignificant activities'' that an applicant did not need to address

in its application or have the activity listed in its permit unless

that activity was subject to an applicable requirement. See 40 CFR

70.5(c). The list contained 156 activities and was developed by

consolidating title V programs from several other States. EPA proposed

approving this list, 61 FR 49289 (September 19, 1996). In part, EPA

based its proposal to approve Maine's insignificant activity list on

the fact that Maine's program requires that an activity, if subject to

an applicable requirement, must be listed in a facility's application.

In addition, EPA was not aware that any of the activities listed had

emissions above what EPA considered insignificant.

On October 17, 1996, EPA received a comment from the Town of Jay

stating that six of the activities listed in Maine's program had

significant emissions. The activities the Town listed in its comments

were: (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. According to the

Town, total emissions from these activities at just one facility

exceeds 1000 tons of volatile organic compounds (VOCs) per year.

However, EPA also received a letter from an industrial facility

claiming the emissions were overstated by the Town, and in fact were

less than 100 tons of VOCs per year. The Maine DEP submitted a letter

questioning the assumptions Jay made in projecting emission levels from

these activities. Jay also submitted a second letter explaining its

assumptions. All this correspondence is available in the docket

supporting this action.

Based on all data EPA has received to date about the emissions from

these activities, EPA concludes that the emissions from all of these

activities can approach or exceed major source or major modification

thresholds under the Act and therefore are not ``insignificant'' for

the purposes of a title V application, even if there is no applicable

requirement for these activities. Therefore, these six items should be

removed from the list of insignificant activities. Maine still has

flexibility; however, to tailor how much information about these

activities a source would need to include in its application because it

appears that there are no current applicable requirements for these

activities. For example, EPA's ``White Paper for Streamlined

Development of Part 70 Permit Applications,'' dated July 10, 1995

suggests a general description of the emissions and emission units

would suffice for units subject to no applicable requirements.

B. Proposed Action

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

within the

[[Page 7980]]

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.

The EPA is proposing to add a sixth condition to Maine's source

category-limited interim approval of the operating permits program

submitted by Maine on October 24, 1995. If promulgated, the State must

make, in addition to the five conditions stated in the final rules

section of today's Federal Register, the following change in its rule

to receive full approval:

1. Maine must remove the following activities from Appendix B of

Chapter 140 of the State's rules: (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.

III. Administrative Requirements

A. Request for Public Comments

The EPA is requesting comments on this additional proposed interim

approval condition. 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 March 24, 1997.

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

comply with this program.

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.

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

Dated: February 5, 1997.

John P. DeVillars,

Regional Administrator, Region I.

[FR Doc. 97-4328 Filed 2-20-97; 8:45 am]

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