&EPA
          United States
          Environmental Protection
          Agency
            Office of Air Quality
            Planning and Standards
            Research Triangle Park NC 27711
EPA-453/R-94-061b
November 1994
          Air
Federal Operating Permit
Programs: Permits for
Early Reductions Sources -
Background Information for
Promulgated Rule

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                                   EPA-453/R-94-061b
  Federal Operating Permit Programs:
Permits for Early Reductions Sources -
      Background Information for
            Promulgated Rule
            Emissions Standards Division
      U.S. ENVIRONMENTAL PROTECTION AGENCY
            Office of Air and Radiation
       Office of Air Quality Planning and Standards
       Research Triangle Park, North Carolina 27711
              November 1994

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This document has been reviewed by the Emission Standards
    -                             ^M
                                       sicss'

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                U.S. ENVIRONMENTAL PROTECTION AGENCY

                       Background Information
               for Federal Operating Permit Programs-
                Permits for Early Reductions Sources
                            Prepared by:
 Bruce C. Jordan
   	— 	 •—' " »* X^ V-t.^*^AJ.                                       .
 Director, ^Emission Standards Division-                (Date
 U.S.  Environmental Protection Agency  •
 Research Triangle Park, North Carolina 27711
1.
      The promulgated rule establishes an interim title
                              --

      Defense,  Transportation,  Agriculture,  Commerce,  Interior
         .
     EPA s  Regional Administrators;  Local  Air pluoS
                      "^  °f "*-*— t »»>
3.   For additional information  contact:

     Mr. David Beck, or
     Mr. Richard Colyer
     U.S. Environmental Protection Agency
     Emission Standards Division  (MD-13)
     Research Triangle Park, North Carolina  27711
     Telephone: (919)  541-5421 or (919) 541-5262

4.   Copies of this document may be obtained from:

     U.S.  EPA Library (MD-35)
     Research Triangle Park, North Carolina  27711
     Telephone:   (919)  541-2777

     National Technical  Information Services
     5285  Port Royal Road
     Springfield, Virginia  22161
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                        TABLE OF CONTENTS
CHAPTER 1. SUMMARY
          1.1  SUMMARY OF CHANGES SINCE PROPOSAL         1-1
          1.2  SUMMARY OF IMPACTS OF FINAL RULE  	!."l-5

CHAPTER 2.  SUMMARY OF PUBLIC COMMENTS AND RESPONSES  ...2-1
          2.1
          2.2
          2.3
          2.4
          2.5
OPERATING FLEXIBILITY	 .     2 -2
THE ALTERNATIVE EMISSION LIMITATioN	2-5
REPORTING AND RECORDKEEPING...            2-8
TIMING AND TRANSITION ISSUES      	2-9
MISCELLANEOUS	           	" * 2  13
                               IV

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                             1.0 SUMMARY
       The U.S. Environmental Protection Agency  (EPA) proposed a
  federal title V permits rule entitled "Permits for Early
  Reductions Sources" on December 29, 1993 (Federal Register
  Volume 58, pages 68804-68826)  under authority of sections '
  112(i)(5)  and 502 of the Clean Air Act,  as amended in 1990
  Public comments were requested in the Federal Register notice
  Five  comment letters were received from industry and State/local
  agency representatives.   The comments and subsequent responses
  serve as a basis  for many of the  revisions  made to the rule
  between proposal  and promulgation.  Additional  revisions  were
  made  to be  consistent with changes  proposed by  EPA in  a related
  rule, namely the  part 70  rule  for State programs  for
  comprehensive title  V permits   Th^ fMnai •*•, i
                       yeiuu.cs.  me final rule  was promulgated on
 1.1
SUMMARY OF CHANGES SINCE PROPOSAL
      The EPA has made a few changes and clarifications to the
 Permits for Early Reductions Sources rule since proposal   These
 changes and clarifications are not major,  but rather constitute
 fme tuning of the rule as proposed.   The more significant
 revisions  are summarized below.

      1.  A definition of "post-reduction year"  has  been added to
 the  rule,  as  well  as  clarifying  language pertaining to  deadlines
 for  filing post-reduction emission information.  These  changes
make  clearer  the requirements  for  demonstrating that qualifying
reductions  have been  achieved.  The proposed language restrict^
post-reduction emissions  demonstrations  to emissions occurring in
the year beginning with the date early reductions had to be
achieved [i.e., the date of proposal of the otherwise applicable
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  section 112(d)  standard].   Inadvertently,  this language prevents
  sources from making a post-reduction emissions demonstration for
  an earlier year long period.   The new definition of "post-
  reduction year" allows sources to define an earlier post-
  reduction year  and obtain  a permit and compliance extension
  earlier than  under the proposed language.

      2.   The  proposed requirement  to  submit  a  permit application
  in  a computerized  format,  in addition to the written application
  has been  deleted.   The  EPA has  not yet  settled on a computer
  format  for  such applications.

      3.  The proposed rule  contained  a provision  requiring
 permittees  to report any deviations from permit terms or
 conditions within ten days of occurrence.   This requirement has
 been revised to require "prompt" reporting of deviations, where
 "prompt" will be defined in each early reductions permit and will
 be based on the type and degree of the deviation.  This is
 consistent with similar language in the part 70 rule for State
 title V permit programs .
     The intent  in making the  requirement generic instead of
 specific is to avoid rigid  deadlines for reporting all  permit
 deviations,  even those that may be trivial,   within the context
 of the  permit, different types  of deviations  can  be  assigned
 different  reporting deadlines.   Perhaps only  two  such deadlines
 are  needed,  one  for deviations  that are significant  (e.g., a
 deviation  that would compromise  the source's  ability to meet the
 alternative  emission limitation  or  that  is related to accurate
 monitoring of emissions  or  an emissions  related parameter) and  a
 presumably longer deadline  for less significant deviations.

     4.   The procedures  for making administrative  amendments to
 existing early reductions permits have been revised.  The
 revisions are consistent with recently proposed revisions to the
administrative amendments procedures specified in the part 70
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  rule  for State  title  V programs.   The  revised procedures  clarify
  the permittee's actions in  initiating  an  administrative amendment
  and set  the  effective date  of an amendment at 60  days after
  receipt  by the  Administrator of the amendment application
  (assuming the Administrator does not reject the amendment prior
  to that  time).
      Also changed under the administrative amendments provisions
  of the rule  is  the list  of  actions qualifying as administrative
  amendments [§71.26(c)(1)].  A new provision has been added
  [§71.26(c) (1) (v)] which  allows certain other permit revisions to
 be treated as administrative amendments provided that the
 Administrator determines, on a case-by-case basis, that the
 revision is similar to those qualifying actions already
 specifically listed.   The new provision is based upon a similar
 provision in the part  70 rule and is a response to certain
 commenters requests for additional  flexibility to make relatively
 insignificant changes  at an early reductions  source without
 having to wait  for a lengthy EPA approval  process.   Under  the new
 provision, EPA  would be able to  process through administrative
 amendment procedures certain changes not listed in paragraphs
 §7i.26{c}(1)(i)  through (iv) but which  are ministerial  in  nature
 and therefore do not require the exercise  of judgement  on  the
 part of EPA,  or  review by the public or affected States.

     5.   Another proposed provision deleted in the  final rule was
 the requirement  that specialty permit applications  contain a
 statement  indicating the source's compliance status with any
 applicable enhanced monitoring and compliance  certification
 requirements  of  the Act.   This provision was included in the
proposal because a similar provision appears in the part 70 rule.
However, upon further  reflection, EPA has realized that the
provision  is not relevant to early reductions permit
applications.   This specialty permit program focuses narrowly on
implementing the Early Reductions Program for a defined early
reductions source and associated HAP emissions, and within  that
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 context the only applicable monitoring and compliance
 certification requirements will be those appearing in the
 specialty permit issued later to the participating company.   Each
 specialty permit will implement the Act directive to provide for
 enhanced monitoring on major sources by specifying monitoring
 requirements tailored to the early reductions source and
 consistent with the characteristics of the Early Reductions
 Program.   Compliance certification requirements also will be
 imposed to comply with title V of the Act.   However,  it is
 inappropriate to ask a source to discuss,  in the permit
 application,  its compliance status for these requirements because
 they do not yet exist.

      6.   A new paragraph (c)  added to §71.21 explains  that the
 primary consideration in an EPA determination to issue a
 specialty permit after a State obtains approval of  its
 comprehensive title V permit  program would  be the degree of  delay
 anticipated by deferring to the State for permit issuance.

      7.   A proposed provision [§71.25(a)(8)]  would  have  allowed
 the Administrator to collect  fees  for processing specialty
 permits.   The EPA has decided not  to  collect  any fees  for  this
 permit program and this  provision  has  been  deleted.

     Along with the  proposed  specialty permits  rule, EPA proposed
 an amendment  to 40  CFR part 63  subpart D (the Early Reductions
 Rule).  The amendment proposed  is promulgated without  change and
 appends to  an  enforceable commitment made under  the Early
Reductions  Program the information on  emission reduction measures
 employed to achieve  early hazardous air pollutant reductions.
Such information  is  required to be submitted as part of a
participant's post-reduction emission demonstration.  Another
amendment to the Early Reductions Rule is promulgated to make the
rule consistent with the permits rule.  The amendment mirrors the
change described in item 1 of the above list of changes to the
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  proposed permits rule.

  1.2   SUMMARY OF IMPACTS  OF FINAL  RULE

       The Early  Reductions  Program, which  this  rule helps
  implement, is a voluntary  program which provides sources of
  hazardous air pollutants an alternate means of complying with
  section  112(d)  of the Clean Air Act.  Because the program is
 voluntary, no environmental, economic,: or energy impacts are
 directly attributable to the early reductions permits rule
 However, should an owner or operator choose to take advantage of
 the Early Reductions Program,  public health and the environment
 would benefit from reductions  in hazardous air pollutants before
 such reductions  would otherwise be required through promulgation
 of emission standards.
      Additionally,  any economic and energy impacts  will  occur
 sooner at sources making  early reductions  than at those  waiting
 to comply with forthcoming  emission standards.  However   due  to
 the greater flexibility to  apply cost-effective emission
 reduction measures under  the Early Reductions  Program, the
 participating owner or operator likely would realize a net
 savings  compared to compliance  impacts from meeting a section
 112(d) standard.
     It is not possible to  quantify early reductions benefits or
 impacts.  These will depend on how many source owners or
operators are able to take  advantage of the Early Reductions
Program, the characteristics of the sources participating
emxssion reduction measures employed,  and the requirements of
otherwise applicable section 112(d) standards.
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                 2.0  SUMMARY OF PUBLIC COMMENTS


     A total of 5 comment letters were received.  All of the
comment letters have been recorded and placed in the docket
(Docket No. A-93-08) .   A list of commenters, their affiliation,
and the docket item number assigned to their comment letter are
shown in the list below.
      Docket Item No,

          IV-D-01
          IV-D-02
          IV-D-03
          IV-D-04
          IV-D-05
Commenter and Affiliation

John W. Walton, P.E.
Technical Secretary
Tennessee Air Pollution Control
     Board
9th Floor L&C Annex
401 Church Street
Nashville, Tennessee 37243-1531

L. Mark Wine, et al, counsel for:
Basic Acrylic Monomer Mfrs.
1330 Connecticut Ave, N.W.
#300
Washington, DC 20036-1702

Thomas X. White
Associate Vice President
Science and Technology Division
Pharmaceutical Manufacturers
          Association
1100 15th Street, N.W.
Washington, DC 20005

Charles D. Mailoch
Director, Regulatory Management
Monsanto Company
800 N. Lindbergh Boulevard
St. Louis, Missouri 63167

Donald F. Theiler, Chairman
STAPPA Air Toxics Committee and
Robert H. Colby, Chairman
ALAPCO Air Toxics Committee
STAPPA and ALAPCO
444 North Capitol Street,  N.W.
Washington, DC 20001

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   The comments have been organized into the following categories:

           2.1  Operating Flexibility
           2.2  The Alternative Emission Limitation
           2.3  Reporting and Recordkeeping
           2.4  Timing and Transition Issues
           2.4  Miscellaneous

 2.1  OPERATING FLEXIBILITY

 Comment 1:  One commenter stated that EPA should include a 30-60
 day minor modification procedure in the final  rule or restore the
 minor permit  modification procedure from the part 70 rule for
 State title V programs.   If EPA adopts a 30-60 day process,  it
 should be broader than under the part 70 rule.  The commenter
 feels this  is particularly important  because EPA proposed
 eliminating the ability to make "section 502(b)(10)  changes"  (IV-
 D-03).   Another commenter felt  that to remain  competitive in
 today's  world,  U.S.  industry must have flexibility to modify
 operating methods  and  make  minor changes to  permitted facilities
 without  undue permitting delays.  A minor permit  modifications
 procedure is  essential.   The commenter provided several  examples
 demonstrating the  need for  such minor modification procedures,
 including frequent equipment changes,  process  changes to  make
 "made to  order" specialty goods,  and  changes in raw materials
 suppliers  (the  raw materials may  differ slightly  from supplier to
 supplier).  The commenter concluded that EPA should adopt the
minor permit modification procedures  in  the promulgated part 70
rule for  State title V programs  (IV-D-04).
Response:  The EPA has carefully  considered the commenter's
request for a more expedited permit revision procedure,  and has
decided not to include such a procedure at this time.  There are
two primary reasons for this decision.  First,  the part 70 permit
revision procedures are currently the subject of litigation in
the B.C. Circuit Court of Appeals.  In part as  a response to this
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 litigation, EPA has proposed revisions to these part 70
 procedures.  The current uncertainty over EPA's legal discretion
 to provide for expeditious permit revision procedures cautions
 against providing for any such procedures here in this final
 rule.  Second, as stated in the preamble to the proposal of this
 rule, EPA believes the nature of these specialty permits,
 containing limitations that are uniquely tailored to the
 facility, should reduce the need for permit revisions.   Another
 factor that deemphasizes the need for a more expedited revision
 procedure is the fact that a specialty permit will,  relatively
 soon after permit issuance,  be transferred to the jurisdiction of
 the State,  following which it will be subject to the revision
 procedures of the State program.
      The EPA may in the future decide to revise this rule to
 provide more expedited procedures for permit revisions.   However,
 EPA currently intends await  the outcome of the revisions  to part
 70  before taking any such action.

 Comment 2:   One  commenter stated  that  operational  flexibility is
 vital to a  "batch" processing  industry,  such as the
 pharmaceutical industry.   Therefore,  it is  important that the
 final specialty permits  rule retain  the emissions  trading
 provisions  (IV-D-03).  Another  commenter  felt  that industry could
 only  remain  competitive  internationally if adequate  flexibility
 to act  on short notice is allowed.   One means  of implementing
 this  flexibility is through the §71.25(a) (10),  the emissions
 trading provision  (IV-D-04).   This  section of  the Clean  Air Act
 allows sources to make certain changes within a permitted
 facility without requiring a permit  revision, and is required in
 any title V permitting program, 'including the specialty permit
program  (IV-D-04).  Another commenter opposes emission trading
programs, particularly those that allow interpollutant trading.
Although emissions trading increases flexibility for industry, it
adds complexity and additional administrative burdens for the
implementing agency and may not be protective of public health.
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 (IV-D-05) .
 Response:   Section 502(b)(10)  of the Act requires title V permit
 programs to contain provisions to allow changes within a
 permitted facility without requiring permit revision,  if the
 changes are not modifications  under title I of the Act and the
 changes do  not exceed the  emissions allowable under the permit.
 In its part 70 rulemaking,  EPA implemented this requirement by
 delineating three operational  flexibility provisions,  two of
 which were  mandatory for State programs for comprehensive title  V
 permits.  The two mandatory elements,  which were potentially
 applicable  to this specialty permits rule,  consisted of
 provisions  allowing:- (a) certain narrowly defined changes at a
 permitted facility that  contravene permit terms [so called
 "section 502(b)(10)  changes"]  and (b)  emissions trading within a
 permitted facility for the  purposes of complying with a federally
 enforceable emissions cap.   Consistent with the proposed
 specialty permits rule,  EPA has decided to  incorporate an
 emissions trading provision in the final  rule,  but leave out a
 provision for "section 502(b)(10)  changes."   [The decision on
 "section 502(b)(10)  changes" is discussed in the response to
 comment  3 below.]
      Similar  to  the  preamble discussion of  operational
 flexibility in the preamble to the proposed rule,  the  final
 decision to include  an emission trading provision is based on the
 section 502(b)(10) directive that  title V programs provide for
 limited changes  in a permitted facility without  permit revision
 and the perceived need to provide  participants  in the  Early
 Reductions  Program a limited emissions  trading program.
 Providing for  changes  which affect  emissions  (but  which overall
 remain within  the  cap) without  having  to modify  a  permit  is
 crucial to participating sources which  need  to be  able  to  respond
 to market conditions,  process  technology advances,  and  other
business forces quickly to  compete  successfully.
     As mentioned  above,  the types  of emission changes  that may
be undertaken without permit revision are restricted to those
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  that are not modifications under title I of the Act and that do
  not exceed allowable emissions (i.e.,  the alternative emission
  limitation).   Additionally,  all emission trades must be
  quantifiable and meet the compliance provisions of the permit.

  Comment  3:   One  commenter supports  the EPA's  decision in the
  proposed rule not to allow "section 502(b) (10)"  changes (IV-D-
  05).  Another commenter  felt  that the  specialty permit program
  must  include  provisions  for  "section 502(b) (10)"  changes (IV-D-
  04) .
  Response:  The EPA continues  to believe that  the  provision for
  "section  502(b)(10)  changes"  found  in  40  C.F.R.  §70.4(b)(12)(i)
  is unecessary for  the specialty permits program both from a
 policy and legal standpoint.  As explained in the preamble to the
 proposed rule  (58  FR 68812, December 29,  1993), the  authority for
  "section 502(b)(10) changes" is intended  to address  situations
 where permits have been inappropriately written to contain terms
 that are superfluous to implementation and enforcement of the
 requirements of the Act.   The EPA does  not anticipate that this
 will be  the case  for specialty permits  because of their single-
 purpose  nature and because EPA will  be  the permitting authority
 Moreover,  the EPA interprets  section 502(b)(10)  to require some
 form of  operational flexibility in any  rule promulgated under
 title  V.   The specialty permits rule is consistent with this
 interpretation because it requires emissions trading under
 §71.25(a) (10) .

 2.2  THE ALTERNATIVE  EMISSION  LIMITATION

 Comment 4:  One commenter  was  concerned because alternative
 emissions  limitations will be written in terms of  an  annual cap
 The concern is that risks  to public  health could  increase under
 this use of caps,  particularly for the  high-risk pollutants.  The
 shortcomings of the annual cap are potentially exacerbated by not
having annual caps  for each individual hazardous air pollutant
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  thus allowing interpollutant trading (IV-D-05).
  Response:  The Early Reductions Provision [section 112 (i) (5)]  of
  the Clean Air Act requires participants to demonstrate qualifying
  HAP reductions with respect to verifiable and actual emissions in
  a base year.   Thus,  a source documenting 100 tons of actual HAP
  emissions in  a base year must reduce emissions by 90 percent or
  90 tons per year to qualify for a compliance extension,  leaving
  the source with emissions of 10 tons per year.   (For particulate
  HAP,  the required reduction is  95 percent) .   Section 112 (i) (5)
  further directs  the  Administrator to issue permits  to successful
  participants  containing  an "alternative  emission  limitation"
  reflecting the reduction which  qualified the  source  for the
  extension.  The  simple implication is that such a limitation
  would be  the annual  emission level representing the  90 percent
  reduction,  in this case  an annual cap of  10 tons per year
 Nowhere in  section 112 (i) (5) is it stated or implied that the
 various HAPs emitted by  the source must achieve the 90 percent
 reduction individually or must have individual alternative
 emission limitations.  In fact the opposite is implied in
 paragraph  (E)  of section 112 (i)  (5) where the Administrator is
 directed to take into account emissions  of "high-risk" HAP by
 limiting "the  use of offsetting reductions in emissions of other
 hazardous air  pollutants  from the source as  counting toward the
 90  per centum  reduction in such high-risk pollutants qualifying
 for an alternative emissions limitation  under this paragraph "
 in  other words,  Congress  did not prohibit using greater
 reductions in  some HAPs to offset  lesser  reductions  in other
 emitted  HAP, provided that the source  overall meets  the 90
 percent  reduction requirement and  provided that the Administrator
 Places some  limit  on  such averaging in situations  involving
 "high-risk"  pollutants.   The EPA has adopted weighting factors
 for the high-risk pollutants to provide limits on such
 interpollutant averaging.
     Since participating sources are achieving 90  percent
reductions in HAP emissions, the annual cap to maintain that
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 reduction should afford considerable risk reduction.   Coupled
 with the  high-risk pollutant  weighting system,  the  capped
 emissions from the early reductions  source will continue  to
 provide this  reduced  risk through the compliance extension
 period.   Moreover,  it is important to remember  that the annual
 cap  on an early reductions source is fixed for  the  entire
 compliance extension  period,  unlike  allowable HAP emissions  from
 a  source  meeting a section 112(d)  standard which often may
 increase  as a source  increases production (as long  as  a percent
 reduction requirement or emission per pound of  product
 requirement is  met, for example).  Finally,  the Early  Reductions
 Program does  not prohibit State/local agencies  from enacting more
 stringent standards for HAP sources.

 Comment 5:  One commenter stated  that a quarterly rolling annual
 emission  determination should not  be incorporated into the
 alternative emission  limitation  (AEL).  The  Early Reductions
 Provisions  of the  Clean Air Act establish an AEL that  is  related
 to verifiable and  actual  emissions in a base year.  The use  of a
 base year to  establish the AEL clearly establishes  the AEL as an
 annual limit.   An  annual  cap  gives the source some  flexibility in
managing  its air compliance program.   For example,  emissions  from
 a busy season could be  offset by less  emissions  during periods of
 lower production (IV-D-04).
Response:    The  EPA agrees with the commenter that the  Early
Reductions  Provision  of  the Clean Air Act  established  an  annual
limit on  emissions  (see also  the response  to the preceding
 comment).    Therefore,  early reductions permits will not be
required  to include an alternative emission  limitation based on a
rolling quarterly calculation of HAP emissions from the latest 12
month period  (although it will remain an option for the owner or
operator).  The  limitation will be a cap on  calendar year HAP
emissions.  However, to track a source's progress toward meeting
the annual limit, early reductions permits will require sources
to make a  quarterly calculation of actual HAP emissions from the
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early reductions source and report them to the permitting
authority.

2.3  REPORTING AND RECORDKEEPING

Comment 6;  One commenter felt that the proposed 10-day reporting
requirement proposed at §71.25(a)(5) was too restrictive and not
warranted considering that the alternative emission limitation is
based on annual emissions.  The 40 CFR part 70 rules for State
comprehensive title V programs provide each State with the
latitude to establish prompt reporting for deviations from permit
terms [§70.6(a)(3)(iii)(B)].  The EPA should follow this example
and allow specialty permit writers to define reasonable reporting
criteria on a case-by-case basis  (IV-D-04).  Another commenter
thought the 10-day reporting deadline appropriate  (IV-D-05).
Response:  In response to the comment, EPA is replacing the 10-
day reporting requirement with a provision that will allow the
specialty permits writer the discretion to establish reporting
periods for deviations in each permit on a case by case basis.
The EPA believes this approach is justified in this rule because
most if not all specialty permits will be transferred to the
jurisdiction of the state before renewal.   Since part 70 allows
each state the discretion to establish periods for reporting of
deviations, any standard set by EPA in this rule would likely
result in states having to take jurisdiction over permits
containing reporting requirements that vary from those
established in the state program.  The EPA believes it is better
to leave the EPA specialty permits writer the discretion,  where
appropriate,  to establish timelines for reporting of deviations
that are consistent with timelines established in the part 70
program to which the source will ultimately be subject.

Comment 7:  The commenter states that the proposed record
retention requirements are excessive,  particularly the
requirement to retain "all supporting information."  The
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commenter attached extensive comments on this subject that were
previously submitted for the Enhanced Monitoring Rule proposal
and the proposed section 112(d) standard for synthetic organic
chemical manufacturing facilities  (IV-D-04).
Response:  The part 70 rule for State permitting programs states
that title V permits must contain provisions requiring "Retention
of records of all required monitoring data and support
information for a period of at least 5 years from the date of the
monitoring sample, measurement, report, or application."  The
identical language was proposed in this part 71 rule and is
retained in the promulgated rule.  However, the fact that records
of all required monitoring information must be retained for 5
years is not automatically overly burdensome.  The burden will be
in direct proportion to what is decided, through permit terms and
conditions, to be "required monitoring and support information."
Each permit issued to an early reductions source will contain
monitoring and recordkeeping requirements determined specifically
for that source.  These requirements will be based on the EPA's
evaluation of the appropriateness of the source's proposed
monitoring requirements in the permit application, the Clean Air
Act directive to incorporate "enhanced monitoring" on major
sources, the nature of compliance with an annual emissions cap
(i.e.,  the alternative emission limitation), and the costs
associated with various monitoring strategies.  An example of how
factors similar to these affected monitoring decisions for the
section 112(d)  standard for the synthetic organic chemical
manufacturing industry can be found in the preamble to that rule,
which was promulgated in the FEDERAL REGISTER on April 22, 1994
(especially pages 19434-19437).

2.4  TIMING AND TRANSITION ISSUES

Comment 8:   The commenter addressed EPA's intent to delegate
enforcement of specialty permits to States that demonstrate
having enforcement authority substantially equivalent to that
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 described in the part 70  rule (§70.11).   The coinmenter supported
 EPA's  intent to allow States  a reasonable level  of flexibility in
 their  enforcement programs, as long as  the,"substantially
 equivalent"  criterion is  met.   This would expedite the transfer
 of  permitting and enforcement authority to the States,  thus
 avoiding  duplicate systems  (IV-D-04).
 Response:  The proposed language  requiring States  to  demonstrate
 enforcement  authority "substantially equivalent" to §70.11 has
 remained  the same in  the  final rule.

 Comment 9:   Two commenters supported the proposed  rule provision
 [§71.2Kb)]  giving EPA the discretion to process and  issue
 specialty permits where a permit  application was submitted to  EPA
 prior  to  approval of  the  State program.   One of the commenters
 felt this was  necessary to avoid  confusion and delays  inherent in
 dealing with two  permitting agencies  (IV-D-04).  The  other
 commenter thought EPA should  have this  flexibility, because some
 State  or  local  agencies may wish  to assume all title V
 authorities  upon  program  approval,  but others would prefer not to
 disrupt an application in process (IV-D-05).
 Response:  The  provision  will  be  promulgated as proposed.

 Comment 10:  The  commenter considers it  imperative  that an early
 reductions participant  have a  permit before  the source becomes
 subject to the  relevant section 112(d) standard.  The  commenter
 also wants the  EPA to  clarify  that  compliance with  the terms of
 an enforceable  early reductions permit exempts a source from
 case-by-case review under section 112(g) of  the Act.  The
 commenter feels that early reductions participants  should not be
 subject to section 112(g)  requirements even before  a permit is
 issued.  A source participating in  the Early Reductions Program
 should not be required  to obtain  a permit to be shielded from
 section 112(g); companies will be making changes at their
 facilities before the permit can be issued  (IV-D-03).
Response:   The Early Reductions Provisions of the Clean Air Act
                               2-10

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  allow a source demonstrating sufficient reductions to meet an
  alternative emission limitation, instead of an otherwise
  applicable section 112(d) standard, for a period of six years
  beyond the section 112(d) compliance date.  Until it expires  the
  alternative emission limitation takes the place of the section
  112(d)  standard.   Therefore,  compliance with the alternative
  emission limitation essentially is the same as compliance with a
  section 112(d)  standard,  and  section 112(g)  would not be
  triggered by any  allowable emission increases  within the
  emissions cap established by  the alternative emission limitation.
       Prior to issuance of a permit granting a  compliance
  extension and establishing an alternative  emission limitation,  a
  source planning to  demonstrate  early reductions  is  not protected
 .from  the  possible effects  of  section 112(3).   However, emissions
  at such a  source should be  decreasing dramatically, hopefully
  preventing  triggering 112(g).

  Comment 11:  TWO commenters agreed with EPA's position that an
 early reductions permit should be incorporated, without
 reopening, into a source's comprehensive title V permit  (IV-D-
 03,IV-D-04).  states should not be given the option of
 eliminating operational flexibility, the permit shield,  or the
 upset  provision from an early reductions permit (IV-D-03, IV-D-
 04).   Another commenter believed that State and local agencies
 should have the right to  reopen  specialty permits when they are
 incorporated into  a  facility's comprehensive title V permit
 particularly for the purposes  of excluding  certain elements'of
 the  specialty permit,  such as  the permit shield,  operational
 flexibility,  etc.  This would  allow State and local  agencies  to
 maxntain  consistency among their title V permits.  Moreover  the
 commenter  recommended that  EPA develop specialty permits  as'a
 module that  may be inserted  into  the  comprehensive permit  in a
 reserved section.  This would  facilitate  incorporation,
 especially when reopening is not necessary  (IV-D-05)
Eesponse:  The EPA cannot prohibit states from reopening
                               2-11

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  specialty permits after they are transferred to the state to
  administer.   However,  any permit reopening must,  pursuant to 40
  C.F.R.  §70.7(f)(2),  include an opportunity for EPA veto.   The EPA
  thus will have the opportunity to review any permit reopening so
  as to ensure that the  requirements of  the Act,  including  section
  H2(i)(5), are complied with.   Once an Alternative Emissions
  Limit has been established in  a specialty permit  issued by EPA
  there should,  in  general,  be no reason to alter that  emissions'
  limit when the permit  is  transferred to the  state.
       However,  other aspects of  the EPA permit will  not be  so
  fixed.  Once a permit  has  been  transferred to the state  the
  permit then becomes subject to  the permitting procedures of  the
  state's part 70 program.   So, for  instance,  if  the  state's
  program does not provide a permit shield,   the source could not
  enuoy a shield though  it may have had one under the Federal
 specialty permits program.  If the EPA-issued permit expressly
 provided for a shield,  then the state should, for the sake of
 clarity,  reopen the permit to delete the shield provisions
      The EPA expects that similar results  will obtain for  any
 permit terms  that  are dictated by procedures of general
 applicability (such as  the shield or permit revision procedures)
 as  opposed to permit  terms that are uniquely tailored to the
 source (such  as the AEL),  which should  not change  when the  permit
 is  transferred.

 Comment 12;   The commenter stated that  there  should  be
 flexibility regarding when State and local  agencies  assume
 responsibility  for  the  Early Reductions  Program  to accommodate
 those  State and local agencies that wish to obtain early
 delegation.  Furthermore,  issues  regarding  the delegation of  the
 Early Reductions Program should be worked out between the EPA
 Regional Offices and the involved State  or  local agency (iv-D-
05)
Response;  The EPA has provided for States or local agencies to
obtain early delegation to implement the Early Reductions Rule,
                              2-12

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  specifically through the delegation process under a rule
  promulgated pursuant to section 112(1) Of the Clean Air Act.

  2.5  MISCELLANEOUS

  Conment^jLS:  TVo commenters believe it is important to retain the
  permit shield (IV-D-03, IV-D-04).   The shield could become
  important in States with different interpretations of the Early
  Reductions Rule (IV-D-03);  without the shield continuing changes
  in interpretations and/or changes  in permit  requires during
  the life of the permit  would undermine a  permittee's  efforts to
  develop  meaningful programs to assure  compliance (IV-D-04)
  Ee^onse:   Specialty permits issued by EPA will  include a permit
  shield that states that compliance with the terms and  conditions
  of  the specialty permit constitutes compliance,  for the defined
  early reductions source only,  with the  applicable requirement
  from section 112 (d)  of  the Act.  As discussed in the response  to
  comment u, once a State incorporates a specialty permit into  the
  comprehensive title V permit issued to a facility, the  State
  title V program rules regarding a permit shield will apply and it
 is possible that the State would not provide such a shield.
         14:   The counter -recommended that EPA explicitly state
 in the specialty permit rule that the terms and conditions of a
 specialty permit do not supercede any existing State requirements
 regarding allowable emissions,  emissions  trading,  modifications
 permit renewals,  etc.   Furthermore,  the existence  of a specialty
 permit does not  prevent a  State from promulgating  additional
 requirements  for protection of  public health and safety (iv-D-
                  d°' °f ™' ""« the right to pass standards
or other rules and regulations that are stricter than EPA's   The
preamble to the promulgated Early Reductions Permits Rule reminds
participants that a compliance extension granted under the Early
Reductions Program applies only to section 112 (d)  standards the
                              2-13

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  source otherwise would be subject to, and does not exempt the
  source from complying with other EPA regulations or State or
  local agency regulations.

  Comment_i5:   Two petitions for review of a chemical on the list
  of "high-risk"  pollutants have been filed in the Court of
  Appeals.   The commenter felt that if either or both of these
  petitions  are granted,  the EPA should extend the deadline for
  participation in the  Early Reductions Program for facilities that
  emlt  the affected chemical(s).   The  reason for this is that
  emission of  one  unit  of  a "high-risk"  pollutant must be offset  by
  a  reduction  of ten units  or  more  (depending  on the  factor
  assigned by  EPA)  of other pollutants  according to the  Early
  Reductions Rule.   This requirement has made  it  difficult,  if not
  practically  impossible for a source that emits  significant levels
  of a high-risk pollutant  to participate in the  Early Reductions
  Program (IV-D-02).
 Response:   Section 112 (i) (5) of the Clean Air Act requires a
 source to demonstrate a 90 (95) percent reduction of HAP
 emissions  from base year levels to obtain a compliance extension
 A source emitting a single HAP would have to reduce emissions of"
 that HAP by 90 (95) percent to qualify, regardless of whether the
 HAP is a high-risk pollutant.  There  is no greater reduction
 requirement for  high-risk pollutants.   For sources emitting more
 than one HAP,  the owner  or operator is allowed to demonstrate a
 composite reduction of 90  (95)  percent across all HAP emitted
 Thus,  the owner or operator has  the option  to reduce some of  the
 HAP emissions by  more  than 90 percent  and others by  less,  as  long
 as  the  composite  reduction is 90 percent of total HAP emissions
 The  only limitation on this allowed "averaging"  of the  HAP
 reductions occurs when an  owner or operator chooses  to
undercontrol  (i.e., control by less than 90 percent) a high-risk
pollutant emitted.  In this situation, the owner or operator
would have to offset the undercontrol by achieving overcontrol of
some other HAP(s)  emitted by the source.  The amount of
                              2-14

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 overcontrol required is equal to the amount of undercontrol times
 the appropriate high-risk pollutant weighting factor (usually 10
 or 100).   However, the owner or operator always can control the
 high-risk pollutants by 90 percent to avoid the offset
 requirement.  Therefore,  EPA disagrees that it is "difficult,  if
 not practically impossible" for sources emitting significant
 quantities of high-risk pollutants to participate in the Early
 Reductions Program.   In fact,  many such sources currently are
 participating.
      Moreover,  section 112(i)(5)  of the Act establishes the
 deadline  by which early reductions must be achieved,  either
 January 1,  1994 for  sources making enforceable commitments or  the
 date of proposal of  an otherwise  applicable section 112(d)
 standard  for all other participating sources.   This statutory
 deadline  cannot be changed by  EPA.
      (Note:  On  October 21,  1994,  EPA promulgated in the Federal
 Register  (59 FR 53109)  an  amendment to the Early Reductions Rule
 deleting  acrylic acid from the  list of high-risk pollutants.
 That final  action also removed  methylene diphenyl diisocyanate
 (MDI)  from  the  list.   The  EPA's listing of MDI as a high-risk
 pollutant was vacated by the United States Court of Appeals for
 the  District of Columbia Circuit  on July 19, 1994.)

 Comment 16:  The commenter states that  EPA should not collect
 fees under  the  part  71  specialty permit  program.   Most  States are
 already charging fees based  on  emissions,  and  industry  should not
 have to pay  again  on  these same emissions.  Assessing fees  would
 penalize  sources  that elect  to undertake  early reductions.
 Response:   The  EPA has  decided not  to collect  fees  for  issuing
 permits under this interim permitting program.   However, States
 delegated authority to  issue specialty permits may at their
 discretion collect such fees.

 Comment 17:  The commenter objects to the requirement that
notices of permit actions be sent to "any unit  of local
                              2-15

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  government having jurisdiction over the area where the early
  reductions source is located..."  The requirement should be
  limited to those units of local government with authority for
  regulating air pollution.  Other agencies, to the extent they may
  be interested, will be put on notice through the notice by
  publication provisions (IV-D-04).
  Response:   The EPA agrees with the commenter.   The final rule has
  been revised to clarify this point.

  Cornmen^s:   The proposed deadline at  §71.24 (b) (1)  is unclear and
  potentially  in conflict with the requirements  of  the  Early
  Reductions Rule [§63.77(c)(1)].  The deadline  language should
  mirror  that  in the Early  Reductions Rule  (IV-D-04).
  Response:  Although  intended to convey the same application
  deadline, the  wordings  at  the cited paragraphs are slightly
  different in the  two rules.   The EPA agrees with the  commenter
  that the deadline wording  should be identical, and the specialty
 permits rule has been changed to use the Early Reductions Rule
 language at §63.77(c)(1) .

 CoMQen^i9:   The duty to supplement or correct an application
  [§71.24(d)]  should provide for a reasonable amount of time in
 whxch to act,  particularly in situations  where revised regulatory
 requirements  cause the  need to revise  the application   The
 commenter suggests a  maximum 120 day response  time (IV-D-04)
 Response:  Although no  such deadline appears in the  rule,  the
 permitting authority  has the  discretion to  set  such  deadlines as
 the need  arises.

 Cornment^O:  The regulation at proposed §71.24 (e) should clearly
 state that information need not be submitted in a computerized
 format unless the EPA has finalized the Aerometric Information
Retrieval System  (AIRS)   formatting requirements for submission of
txtle V permit information at  least 120 days before a permit
application is due.  Changing  the format after initiating the
                              2-16

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preparation of the permit application will significantly add to
the resources required and is therefore inappropriate  (IV-D-04)
Response:  Since final AIRS format requirements have not been
available to Early Reductions Program participants to date and
because the specialty permits program is a short-lived, interim
program, the language requiring AIRS compatible permit
application data has been dropped.
                             2-17

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     1. REPORT NO.
       EPA-453/R-94-061b
                                         TECHNICAL REPORT DATA
                                   (Please read Instructions on reverse before completing)
2.
     4. TITLE AND SUBTITLE
     Federal Operating Permit Programs: Permits for Early
     Reductions Sources - Background Information for
     Promulgated Rule

     7. AUTHOR(S)
                                     3. RECIPIENT'S ACCESSION NO.
                                     5. REPORT DATE
                                       November 1994
                                     6. PERFORMING ORGANIZATION CODE
    9. PERFORMING ORGANIZATION NAME AND ADDRESS

      U.S. Environmental Protection Agency
      Office of Air Quality Planning and Standards
      Research Triangle Park, NC  27711
   	•	•	_
    12. SPONSORING AGENCY NAME AND ADDRESS

      Director
      Office of Air Quality Planning and Standards
      Office of Air and Radiation
      U.S. Environmental Protection Agency
      Research Triangle Park, NC  27711
   15. SUPPLEMENTARY NOTES
                                                                        8. PERFORMING ORGANIZATION REPORT NO.
                                    10. PROGRAM ELEMENT NO.
                                    11. CONTRACT/GRANT NO.
                                    13. TYPE OF REPORT AND PERIOD COVERED
                                    14. SPONSORING AGENCY CODE
                                    EPA/200/04
   16. ABSTRACT                                                                          		





  PR 68804, December 29  993)^PA reZ™L t/th     COmments received on the proposed rule (58
  the rule since proposal                 responses to the comments, and a summary of changes made to
  17.
                     DESCRIPTORS
  Air Pollution, Hazardous Air Pollutants  Early
  Reductions, Permits, Federal Operating Permits
     KEY WORDS AND DOCUMENT ANALYSIS

                 b. IDENTIFIERS/OPEN ENDED TERMS
                 ~"~	r		

                 Air Pollution control
  18. DISTRIBUTION STATEMENT

    Release Unlimited

   ——————__	

EPA Form 2220-1 (Rev. 4-77)   PREVIOUS EDITION IS OBSOLETE
                19. SECURITY CLASS (Report)
                   Unclassified
                20. SECURITY CLASS (Page)
                   Unclassified
 c. COSATI Field/Group

 13B
21. NO. OF PAGES
       27
22. PRICE

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