Authorization To Implement Section 111 and 112 Standards; State of Connecticut

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[A-1-FRL-6325-3]

Authorization To Implement Section 111 and 112 Standards; State

of Connecticut

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve the mechanism that will

allow EPA to authorize the State of Connecticut to implement and

enforce specific national emission standards for hazardous air

pollutants for source categories (NESHAPs) and new source performance

standards (NSPS) under the Clean Air Act. This authority will be

limited to only facilities that have obtained a Clean Air Act Title V

operating permit under Connecticut's approved program.

EFFECTIVE DATE: This rule will become effective on May 24, 1999.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours, by

appointment at the Office of Ecosystem Protection, U.S. Environmental

Protection Agency, Region I, One Congress Street, 11th floor, Boston,

MA.

FOR FURTHER INFORMATION CONTACT: Donald Dahl at (617) 918-1657.

SUPPLEMENTARY INFORMATION:

I. Background

On December 6, 1996 (61 FR 64651), EPA published a Notice of

Proposed Rulemaking (NPR) for the State of Connecticut. The NPR

proposed approval under section 112(l)(5) of the Clean Air Act (CAA, 42

U.S.C. 7401 et seq.) and 40 CFR 63.91 of Connecticut's mechanism for

receiving authorization to implement section 112 standards for part 70

sources that are unchanged from the federal standards as promulgated.

Section 112 of the CAA provides for the control of air toxics emissions

through the issuance of federal National Emission Standards for

Hazardous Air Pollutants. EPA's approval was contingent on Connecticut

making an amendment to its authority for enforcing federal standards.

The state made the necessary changes to its statute. See section 22(a)-

174(c), as amended by Public Act 97-124 section 4. The legislation, a

copy of which can be found in the docket, became effective on October

1, 1997. The NPR also proposed using the same mechanism to authorize

state implementation of future NSPS standards that are unchanged from

40 CFR part 60. The authorization mechanism does not cover sources

which do not obtain a Title V permit.

Section 112(l) of the Clean Air Act, as inserted by the 1990 CAA

amendments, authorizes EPA to approve state or local air pollution

control agencies to implement and enforce the standards set out in 40

CFR parts 61 and 63, National Emission Standards for Hazardous Air

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Pollutants for Source Categories. On November 26, 1993, EPA promulgated

regulations, codified at 40 CFR part 63, subpart E, establishing

procedures for EPA's approval of state rules or programs under section

112(l) (see 58 FR 62262).

Any request for approval under CAA section 112(l) must meet the

approval criteria in 112(l)(5) and 40 CFR part 63, subpart E. To

streamline the approval process for future applications, a state or

local agency may submit a one-time demonstration that it has adequate

authorities and resources to implement and enforce any CAA section 112

standards. See 40 CFR 63.90 (introduction) and 63.91(a). If such

demonstration is approved, then the state or local agency would no

longer need to resubmit a demonstration of these same authorities and

resources for every subsequent request for authorization to implement

CAA section 112 standards. However, EPA maintains the authority to

withdraw its approval if the does not adequately implement or enforce

an approved rule or program. See 40 CFR 63.96.

Other specific requirements and the rationale for EPA's proposed

action were explained in the NPR and will not be restated here. No

public comments were received on the NPR.

II. Final Action

EPA is approving a mechanism that will allow Connecticut to accept

authorization to implement CAA sections 111 and 112. EPA is also

reconfirming previously authorized parts 60 and 61 standards as

indicated in Table I. Although EPA reserves its right, pursuant to 40

CFR 63.96, to review the appropriateness of any future authorization

request, EPA will not institute any additional comment periods on

future authorization actions.

This authorization will give Connecticut the primary implementation

and enforcement responsibility of 40 CFR parts 60, 61 and 63 standards

for sources that obtain a Title V permit. However, EPA still retains

the right, pursuant to CAA sections 111(c) and 112(l)(7), to enforce

any applicable emission standard or requirement under CAA sections 111

or 112. In addition, EPA is not authorizing Connecticut to implement

any authorities that require approval rulemaking in the Federal

Register, or where Federal overview is the only way to ensure national

consistency in the application of the standards or requirements of CAA

sections 111 or 112.

III. Administrative Requirements

A. Executive Order 12866

Under Executive Order 12866, (58 Federal Register 51,735 (October

4, 1993)) the Agency must determine whether the regulatory action is

``significant'' and therefore subject to OMB review and the

requirements of the Executive Order. The Order defines ``significant

regulatory action'' as one that is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

It has been determined that this rule is not a ``significant

regulatory action'' under the terms of Executive Order 12866 and is

therefore not subject to OMB review.

B. Executive Order 13045

This final rule is not subject to E.O. 13045, entitled ``Protection

of Children from Environmental Health Risks and Safety Risks,'' because

it is not an ``economically significant'' action under E.O. 12866.

C. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or EPA consults with those governments. If EPA complies by

consulting, Executive Order 12875 requires EPA to provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.''

Today's rule does not create a mandate on state, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian Tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because authorizing Connecticut to

implement standards developed

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under sections 111 and 112 of the CAA does not create any new

requirements, but simply allows the state to implement the standards.

Therefore, because an authorization of NSPS or MACT standard does not

impose any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

F. 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 , 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, local, or tribal governments in the

aggregate, or to the private sector. This Federal approves action the

State of Connecticut to implement pre-existing requirements under state

law, and imposes no new requirements. Accordingly, no additional costs

to state, local, or tribal governments, or to the private sector,

result from this action.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

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

H. 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 June 22, 1999. 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 63

Environmental protection, Administrative practice and procedure,

Air pollution control, Hazardous substances, Intergovernmental

relations, Reporting and recordkeeping requirements.

Authority: This action is issued under the authority of sections

111 and 112 of the Clean Air Act, as amended, 42 U.S.C. 7412.

Dated: April 6, 1999.

John P. DeVillars,

Regional Administrator, Region I.

Table to the Preamble

[Authorization of Connecticut to implement part 60 and 61 standards as

they apply to sources with permits under Connecticut's Title V Operating

Permits Program]

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Part 60--Subpart Categories

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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

H..................... Sulfuric Acid Plants

I..................... Asphalt Concrete Plants

J..................... Petroleum Refineries

K..................... Petroleum Liquid Storage Vessels

Ka.................... Petroleum Liquid Storage Vessels

Kb.................... Volatile Organic Liquid Storage Tanks

L..................... Secondary Lead Smelters

M..................... Secondary Brass and Bronze Production Plants

N..................... Basic Oxygen Process Furnaces Primary Emissions

Na.................... Basic Oxygen Process Steelmaking--Secondary

Emissions

O..................... Sewage Treatment Plants

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

AA.................... Steel Plants--Electric Arc Furnaces

CC.................... Glass Manufacturing Plants

EE.................... Surface Coating of Metal Furniture

GG.................... Stationary Gas Turbines

HH.................... Lime Manufacturing Plants

LL.................... Metallic Mineral Processing Plants

QQ.................... Graphic Arts--Rotogravure Printing

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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 Urethane 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

SSS................... Magnetic Tape Coating

TTT................... Surface Coating of Plastic Parts for Business

Machines

VVV................... Polymeric Coating of Supporting Substrates

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Part 61--Subpart Categories

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C..................... Beryllium

D..................... Beryllium--Rocket Motor

E..................... Mercury

F..................... Vinyl Chloride

J..................... Equip Leaks of Benzene

M..................... Asbestos

N..................... Arsenic--Glass Manufacturing

Q..................... Radon--DOE Facilities

V..................... Equip Leaks (Fugitive Emission Sources)

Y..................... Benzene Storage Vessels

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[FR Doc. 99-9472 Filed 4-22-99; 8:45 am]

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