`[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Rules and Regulations]
[Pages 2524-2527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-567]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CT-11-1-5813; ME-11-1-6313; RI-10-1-6319; VT-6-1-6312; A-1-FRL-5120-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut, Maine, Rhode Island, and Vermont; Emission Statements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving revisions to the respective State 
Implementation Plans (SIPs) for the following four States: Connecticut, 
Maine, Rhode Island, and Vermont. Revisions to the SIP were submitted 
by each of these four States to implement an emission statement program 
for stationary sources throughout the State. Connecticut submitted 
section 22a-174-4(c)(1), under the section entitled ``Recordkeeping and 
Reporting'', and amendments to the SIP narrative entitled ``Revision to 
State Implementation Plan for Air Quality Emission Statements'' on 
January 12, 1993. On January 3, 1994, Maine submitted Chapter 137, 
``Emission Statements'' and amendments to Chapter 100, ``Definitions.'' 
Rhode Island submitted amendments to Regulation Number 14 entitled 
``Record Keeping and Reporting'' on January 12, 1993. On August 9, 
1993, Vermont submitted a rule entitled ``Registration of Air 
Contaminant Sources,'' sections 5-801 through 5-806, and a SIP 
Narrative, ``State of Vermont Air Quality Implementation Plan, February 
1993.'' These SIP revisions were submitted by the States to satisfy the 
Federal requirements for an emission statement program as part of the 
SIP.

EFFECTIVE DATE: This rule will become effective on February 9, 1995.

ADDRESSES: Copies of the States' submittals and other information are 
available for inspection during normal business hours, by appointment, 
at the following locations: Air, Pesticides and Toxics Management 
Division, US Environmental Protection Agency, Region I, One Congress 
Street, 10th floor, Boston, MA 02203 and Public Information Reference 
Unit, Environmental Protection Agency, 401 M Street, S.W., Washington, 
D.C. 20460. In addition, Connecticut's submittal is available at the 
Bureau of Air Management, Department of Environmental Protection, State 
Office Building, 165 Capitol Avenue, Hartford, CT 06106; Maine's 
submittal is available at the Bureau of Air Quality Control, Department 
of Environmental Protection, State House, Station 17, Augusta, ME 
04333; Rhode Island's submittal is available at the Division of Air and 
Hazardous Materials, Department of Environmental Management, 291 
Promenade Street, Providence, RI 02908-5767; and Vermont's submittal is 
available at the Air Pollution Control Division, Agency of Natural 
Resources, Department of Environmental Management, Building 3 South, 
103 South Main Street, Waterbury, VT 05676.

FOR FURTHER INFORMATION CONTACT: Daria L. Dilaj at (617) 565-3249.

SUPPLEMENTARY INFORMATION:

Background

    On September 21, 1994 (59 FR 48411), EPA published a notice of 
proposed rulemaking (NPR) for the States of Connecticut, Maine, Rhode 
Island, and Vermont. The NPR proposed approval of the emission 
statement regulations adopted by these states. No public comments were 
received on the NPR.
    The following SIP revisions address sections 182(a)(3)(B) and 
184(b)(2) of the Clean Air Act, which require that States develop and 
submit, as SIP revisions, rules which establish annual reporting 
requirements for precursors of ozone from stationary sources.
    The State of Connecticut developed an emission statement program 
using the existing regulatory authority given [[Page 2525]] by section 
22a-174-4(c)(1), under the section entitled ``Recordkeeping and 
Reporting''. Section 22a-174-4(c)(1) was previously numbered as 19-508-
4(c)(1) in Connecticut's SIP. In response to additional requirements of 
the emission statement program which were not covered by section 22a-
174-4(c)(1), Connecticut revised its SIP narrative entitled ``Revision 
to State Implementation Plan for Air Quality Emission Statements,'' and 
submitted it to EPA as a SIP revision on January 12, 1993.
    The State of Maine formally submitted Chapter 137, ``Emission 
Statements'' and an amendment to Chapter 100 ``Definitions'' to address 
the emission statement requirements of the CAA on January 3, 1994.
    On January 12, 1993, the State of Rhode Island formally submitted 
its Air Pollution Control Regulation Number 14 entitled ``Record 
Keeping and Reporting'' which had been amended to require emission 
statements.
    Vermont developed an emission statement program using existing 
regulatory authority given by Vermont's rule entitled ``Registration of 
Air Contaminant Sources,'' sections 5-801 through 5-806. In response to 
additional requirements of the emission statement program which were 
not covered by sections 5-801 through 5-806, Vermont revised its SIP 
narrative entitled ``State of Vermont Air Quality Implementation Plan, 
February 1993,'' and submitted sections 5-801 through 5-806, and the 
SIP narrative, to EPA as a SIP revision on August 9, 1993.
    Other specific requirements of emission statements and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here.

Final Action

    EPA has evaluated the States' submittals for consistency with the 
Clean Air Act, EPA regulations, and EPA policy. EPA has determined that 
the proposed rules meet the Clean Air Act's requirements and is 
approving or reapproving the following rules under section 110(k)(3): 
Connecticut's section 22a-174-4(c)(1), under the section entitled 
``Recordkeeping and Reporting;'' Rhode Island's regulation Number 14 
entitled ``Record Keeping and Reporting;'' Vermont's rule entitled 
``Registration of Air Contaminant Sources,'' sections 5-801 through 5-
806; Maine's Chapter 137, ``Emission Statements'' and amendments to 
Chapter 100, ``Definitions;'' and the SIP narrative revisions from 
Connecticut entitled ``Revision to State Implementation Plan for Air 
Quality Emission Statements,'' and Vermont entitled ``State of Vermont 
Air Quality Implementation Plan, February 1993.'' Based upon EPA's 
evaluation of Connecticut's and Rhode Island's January 12, 1993 
submittals, Vermont's August 9, 1993 submittal, and Maine's January 3, 
1994 submittal, EPA is approving the emission statement submissions as 
revisions to the ozone SIP.
    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 
any 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.

Regulatory Process

    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. 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 section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 13, 1995. 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)).
    As noted elsewhere in this action, EPA received no adverse public 
comment on the proposed action. As a direct result, the Regional 
Administrator has reclassified this action from Table 2 to Table 3 
under the processing procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214) and revisions to these procedures issued 
on October 4, 1993 in an EPA memorandum entitled ``Changes to State 
Implementation Plan (SIP) Tables.''
    On January 6, 1989, the Office of Management and Budget (OMB) 
waived Table 2 and Table 3 revisions (54 FR 2222) from the requirements 
of section 3 of Executive Order 12291 for a period of two years. The US 
EPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The OMB has agreed to continue the temporary 
waiver until such time as it rules on EPA's request. This request 
continues in effect under Executive Order 12866 which superseded 
Executive Order 12291 on September 30, 1993.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
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 any small entities affected. 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).

List of Subjects in 40 CFR Part 52

    Air pollution control, Hydrocarbons, Incorporation by reference, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements.

    Note: Incorporation by reference of the State Implementation 
Plan for the States of Connecticut, Maine, Rhode Island, and Vermont 
was approved by the Director of the Federal Register on July 1, 
1982.

    Dated: November 14, 1994.
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 H--Connecticut

    2. Section 52.370 is amended by adding paragraph (c)(66) to read as 
follows:


Sec. 52.370  Identification of plan.

* * * * *
    (c) * * *
    (66) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on January 12, 1993. 
[[Page 2526]] 
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated January 12, 1993 submitting a revision to the 
Connecticut State Implementation Plan.
    (B) Section 22a-174-4(c)(1) of Connecticut Regulations for the 
Abatement of Air Pollution, under the section entitled ``Recordkeeping 
and Reporting.'' Section 22a-174-4(c)(1) was previously numbered as 19-
508-4(c)(1) in Connecticut's SIP. 19-508-4(c)(1) in Connecticut's SIP. 
19-508-4 became effective in the State of Connecticut on October 31, 
1977. Connecticut developed an emission statement program using the 
existing regulatory authority given by section 22a-174-4(c)(1) under 
the section entitled ``Reporting and Recordkeeping''.
    (ii) Additional information.
    (A) State implementation Plan narrative entitled ``Revision to 
State Implementation Plan for Air Quality Emission Statements'' which 
addresses emission statement requirements not discussed specifically in 
Section 22a-174-4(c)(1).
    (B) Nonregulatory portions of the submittal.

Subpart U--Maine

    3. Section 52.1020 is amended by adding paragraph (c)(34) to read 
as follows:


Sec. 52.1020  Identification of plan.

* * * * * *
    (c) * * *
    (34) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on January 3, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated January 3, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Revised Chapter 100 of the Maine Department of Environmental 
Protection Regulations, ``Definitions'' effective in the State of Maine 
on December 12, 1993.
    (C) Chapter 137 of the Maine Department of Environmental Protection 
Regulations, ``Emission Statements'' effective in the State of Maine on 
December 12, 1993.
    (ii) Additional Information.
    (A) Nonregulatory portions of the submittal.
    4. In Sec. 52.1031, Table 52.1031 is amended by adding new entries 
to existing state citation ``Chapter 100'' and by adding new citation 
``Chapter 137'' to read as follows:


Sec. 52.1031  EPA-approved Maine regulations.

* * * * *

                                                   Table 52.1031.--EPA-Approved Rules and Regulations                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Date adopted by                             Federal Register                                            
   State citation         Title/subject              state          Date adopted by EPA         citation             52.1020                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                         *                *                *                *                *                *                *                        
100.................  Definitions..........  Nov. 10, 1993.......  Jan. 10, 1995.......  [Insert FR citation    (c)(34).........  Revised to add        
                                                                                          from published date].                    definitions          
                                                                                                                                   associated with      
                                                                                                                                   emission statement   
                                                                                                                                   rules.               
                                                                                                                                                        
                         *                *                *                *                *                *                *                        
137.................  Emission Statements..  Nov.10, 1993........  Jan. 10, 1995.......  [Insert FR citation    (c)(34).........                        
                                                                                          from published date].                                         
--------------------------------------------------------------------------------------------------------------------------------------------------------

Subpart OO--Rhode Island

    5. Section 52.2070 is amended by adding paragraph (c)(42) to read 
as follows:


Sec. 52.2070  Identification of plan.

* * * * *
    (c) * * *
    (42) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on January 12, 
1993.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated January 12, 1993 submitting a revision to the Rhode 
Island State Implementation Plan.
    (B) Revisions to Air Pollution Control Regulation No. 14, ``Record 
Keeping and Reporting,'' filed with the Secretary of State on January 
11, 1993 and effective in the State of Rhode Island on January 31, 
1993.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    6. In Sec. 52.2081, Table 52.2081 is amended by adding a new entry 
to existing state citation ``Regulation 14'' to read as follows:


Sec. 52.2081  EPA-approved EPA Rhode Island State regulations.

* * * * *

                                                   Table 52.2081.--EPA-Approved Rules and Regulations                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Date adopted                                                                      Comments/unapproved 
     State citation           Title/subject         by state       Date approved by EPA        FR citation            52.2070             sections      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                         *                *                *                *                *                *                *                        
No. 14.................  Record Keeping and       Jan. 11, 1993  Jan. 10, 1995..........  [Insert FR citation    (c)(42).........                       
                          Reporting.                                                       from published date].                                        
                                                                                                                                                        
                         *                *                *                *                *                *                *                        
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 2527]]

Subpart UU--Vermont

    7. Section 52.2370 is amended by adding paragraph (c)(21) to read 
as follows:


Sec. 52.2370  Identification of plan.

* * * * *
    (c) * * *
    (21) Revisions to the State Implementation Plan submitted by the 
Vermont Air Pollution Control Division on August 9, 1993.
    (i) Incorporation by reference.
    (A) Letter dated August 9, 1993 from the Vermont Air Pollution 
Control Division submitting revisions to the Vermont State 
Implementation Plan. Vermont resubmitted Vermont's rule entitled 
``Registration of Air Contaminant Sources,'' Sections 5-801 through 5-
806 and the SIP narrative entitled ``State of Vermont Air Quality 
Implementation Plan, February 1993'' to meet the emission statement 
requirements of the Clean Air Act Amendments of 1990.
    (B) Letter dated February 4, 1993 from the Vermont Air Pollution 
Control Division submitting revisions to the Vermont State 
Implementation Plan which included Vermont's rule entitled 
``Registration of Air Contaminant Sources,'' Sections 5-801 through 5-
806 and the SIP narrative entitled ``State of Vermont Air Quality 
Implementation Plan, February 1993'' to meet the emission statement 
requirements of the Clean Air Act Amendments of 1990. Sections 5-801 
through 5-806 were previously adopted by Vermont and became effective 
on April 20, 1988.
    (C) Section 5-801 ``Definitions,'' section 5-802 ``Requirement for 
Registration,'' section 5-803 ``Registration Procedure,'' section 5-804 
``False or Misleading Information,'' section 5-805 ``Commencement or 
Recommencement of Operation,'' and section 5-806 ``Transfer of 
Operation'' effective on April 20, 1988.
    (ii) Additional materials.
    (A) Vermont's SIP narrative entitled ``State of Vermont Air Quality 
Implementation Plan, February 1993'' which addresses emission statement 
requirements not covered by sections 5-801 through 5-806.
    (B) Letter dated October 5, 1994 from the Vermont Air Pollution 
Control Division which clarifies Vermont procedures in developing the 
emission statement information.
    (C) Nonregulatory portions of the submittal.
    8. In Sec. 52.2381 Table 52.2381 is amended by adding a new entry 
to existing state citation ``section 5-801'' and adding new state 
citations ``5-802 through 5-806'' to read as follows:


Sec. 52.2381  EPA-approved Vermont State regulations.

* * * * *

                               Table 52.2381.--EPA-Approved Rules and Regulations                               
----------------------------------------------------------------------------------------------------------------
                         Date                                                                    Comments and   
  State citation,     adopted by  Date approved by EPA   Federal Register    Section 52.2370      unapproved    
 title and subject      state                                citation                              sections     
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Section 5-801,           4/20/88  Jan. 10, 1995.......  [Insert FR          (c)(21).........                    
 Definitions.                                            citation from                                          
                                                         published date].                                       
                                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Section 5-802,           4/20/88  Jan. 10, 1995.......  [Insert FR          (c)(21).........                    
 Requirement for                                         citation from                                          
 Registration.                                           published date].                                       
                                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Section 5-803,           4/20/88  Jan. 10, 1995.......  [Insert FR          (c)(21).........                    
 Registration                                            citation from                                          
 Procedure.                                              published date].                                       
                                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Section 5-804,           4/20/88  Jan. 10, 1995.......  [Insert FR          (c)(21).........                    
 False or                                                citation from                                          
 Misleading                                              published date].                                       
 Information.                                                                                                   
                                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Section 5-805,           4/20/88  Jan. 10, 1995.......  [Insert FR          (c)(21).........                    
 Commencement or                                         citation from                                          
 Recommencement of                                       published date].                                       
 Operation.                                                                                                     
                                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Sections 5-806,          4/20/88  Jan. 10, 1995.......  [Insert FR          (c)(21).........                    
 Transfer of                                             citation from                                          
 Operation.                                              published date].                                       
----------------------------------------------------------------------------------------------------------------

[FR Doc. 95-567 Filed 1-9-95; 8:45 am]
BILLING CODE 6560-50-P`