Document zo7Z1OpyzpjLQv9jGNMwyoLjB

19G8G PROPOSED RULE MAKING ' . . DSW 329384 i" ENVIRONMENTAL PROTECTION | AGENCY ' C18 CFR Part 602 ] CERTIFICATION OF FACILITIES Notice of Proposed Rule Making On June 10, 1970, notice of proposed rule making was published in the Fed eral Register (35 F.R. 8942) which set forth the text of regulations proposed to revise Part 602, relating to certification by the Secretary of the Interior of water pollution control facilities, to implement section 704 of the Tax Reform Act of 1969, Public Law 91-172. On December 2, 1970, the functions of the Secretary of the Interior with re gard to certification of water pollution control facilities, and the functions of the Secretary of Health, Education, and Wel fare with regard to certification of air pollution control facilities, were trans ferred pursuant to Reorganization Plan No. 3 of 1970 to the Administrator, En vironmental Protection Agency. To insure consistency and uniformity, regulations pertaining to certification of air and water pollution control facilities have been combined. Interested persons arc invited to submit, in quadruplicate, written data or arguments in regard to the proposed regulations to the Adminis trator, Environmental Protection Agency, Washington, D.C. 20460. All relevant ma terial received no later than 45 days after publication of this notice will be considered. Part 602 would be revised to read as follows: * PART 602--CERTIFICATION OF FACILITIES See. ' 002.1 Applicability. 002.2 Definitions. 002.3 General provisions. 002 4 Nollce of Intent to certify. C02.5 Applications. 002.0 State certification. 002.7 General policy. 002.0 Requirements for certification. 002.0 Cost recovery. , ' Autiioiuty: The provisions of this Part 602 Issued pursuant to sec. 301, 80 Stat. 378, 5 U.S.C. 301, and sec. 704 of the Tax Reform Act of I960,83 Stat. 667. 602.1 Applicability. . The regulations of this part apply to certifications by the Administrator of water or air pollution control facilities l0T tnx deduction purposes pursuant to section 169 of the Internal Revenue Code of 1954, as amended, 26 U.S.C. 169. FEDERAL REGISTER, VOL 35, NO. 251--TUESDAY. DECEMBER 29, 1970 Si $ STLCOPCB4076092 PROPOSED RULE MAKING 19687 ~ 602.2 Definitions. As vised in this part, the following terms shall have the meaning indicated below: (a) "Act" means the Federal Water Pollution Control Act, as amended (33 U.S.C. 1151 et seq.) for water pollution control facilities, or the Clean Air Act, as amended (42 U.S.C 1857), for air pol lution control facilities. (b) "State certifying authority" means: (1) For water pollution control facili ties, the State health authority, except that, in the case of any State in which there is a single State agency, other than the State health authority, charged with responsibility for enforcing State laws relating to the abatement of water pol lution, it means such other State agency; or (2) For air pollution control facilities, the State healtii authority, except that, in the case of any State in which there is a single State agency, other than the State health authority, charged with re sponsibility for enforcing State laws re lating to the abatement of air pollution, it means such other State agency. (c) "Applicant" means any person who files an application with the Ad ministrator for certification that a facil ity is in compliance with the applicable regulations of Federal agencies and in furtherance of the general policie's of the United States for cooperation with the States in the prevention and abatement of water or air pollution under the Act. (d) "Administrator" means the Ad ministrator, Environmental Protection Agency. (e) "Facility" means property com prising any new identifiable treatment facility which removes, alters, disposes of or stores pollutants, contaminants, wastes, or heat. (f) "State" means the States, the Dis trict of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. 602.3 General provisions. (a) An applicant shall file an appli cation in accordance with.this part for each separate facility for which certifi cation is sought. (b) Applications shall be submitted by the taxpayer to the Administrator through the State certifying authority. (c) A copy of each application sub mitted to a State certifying authority shall be forwarded by the applicant to the Administrator, Environmental Pro tection Agency, Washington, D.C. 20460, at the time sucii application is sub mitted to the State certifying authority. (d) Applications may be filed prior or subsequent to the commencement of con struction, acquisition, installation, or op eration of the facility. (e) An amendment to an application shall be submitted in the same manner as the original application and shall be considered a part of the original application. (f) The application or amended ap (f) Date when such construction, re plication for certification of any facility construction, or erection will be com must be accompanied by a certification pleted or when such facility was (or will from the State certifying authority. be) acquired; (g) If the facility is certified by the (g) Date when such.facility is placed Administrator, notice of certification will (or is intended to be placed) in be issued to the Secretary of the Treas operation; ury and a copy of the notice shall be for (h) Identification of the applicable warded to the applicant and to the State State and local water or air pollution certifying authority. If the facility is control requirements and standards, if denied certification, the Administrator any; will advise the applicant and State certi (i) Expected useful life of facility; fying authority in writing of the reasons (J) Cost of construction, acquisition, therefor. installation, operation, and maintenance (h) No certification will be made by of the facility; the Administrator for any facility prior (k) Estimated profits reasonably ex to the time it is placed in operation and pected to be derived through the recovery the application, or amended application, of wastes or otherwise in the operation in connection with such facility so states. of the facility over its actual useful life; 602.4 Notice of intent to certify. and (l) Such other information as the (a) On the basis of applications sub Administrator .deems necessary for mitted prior to the construction, recon certification. struction, erection, acquisition, operation of a facility, the Administrator' may 602.6 Slate rectification. notify applicants that such facility will The certification of the State certifying be certified if: authority in accordance with 26 U.S.C. (1) The Administrator determines 169(d) (1) (A) that the facility described that such facility, if constructed, ac in such application has been consructed, quired, installed, and operated in accord reconstructed, erected, or acquired in ance with such application will be in conformity with the State program or compliance with requirements identified requirements for abatement or control of in section 602.8 of this part, and in' water or air pollution shall be executed furtherance of the general policies iden by an agent or officer authorized to act on tified in section 602.7 of this part; and if behalf of the State certifying authority (2) The application is accompanied and accompanied by evidence of such by a statement from the State certifying authority. authority that such facility, if con structed, acquired, installed and oper ated in accordance with such application, will be in conformity with the State pro gram or requirements for abatement or control of water or air pollution. (b) Notice of actions taken under this section will be given to the appropriate State certifying authority. 602.7 General policies. (a) Tire general policies of the United States for cooperation with the States in the prevention and abatement of wa ter pollution under the Act are: To en hance the quality and value of our water resources; to eliminate or reduce the pollution of interstate waters and tribu taries thereof; to improve the sanitary 602.5 Applications. condition of surface and underground Applications for certification under this part shall be submitted in such man ner as the Administrator may prescribe, shall be signed by the applicant or agent thereof, and shall include the following information: waters; to conserve such waters for puulic water supplies, propagation of fish and aquatic life and wildlife, recrea tional purposes, and agricultural, indus trial, and other legitimate uses; and to recognize, preserve, and protect the pri (a) Name, address, and Internal Revenue identifying number of the applicant: (b) Type and narrative description of the new identifiable facility for which certification is (or will be) sought, in cluding a copy of schematic or engineer ing drawings, and a description of the function and operation of such facility; (c) Address (or proposed address) of facility location; (d) A general description of the oper ation in connection with which such facility is (or will be) used and a descrip tion of the specific process or processes mary responsibilities and rights of the States in preventing and controlling water pollution. (b) The general policy of the United States for cooperation with the States in the prevention and abatement of air pollution is to cooperate with and to assist the States and local governments in protecting and enhancing the quality of the Nation's air resources by the pre vention and abatement of conditions which cause or contribute to air pollu tion which endangers the health or wel fare of any persons. 602.8 Requirements for certification. resulting in discharges or emissions (a) Except as provided in 602.9, the which are (or will be) controlled by the Administrator will certify a facility if facility; he determines that: (e) Description of the effect of such (1) The facility was constructed, re facility in terms of type and quantity of constructed, erected or acquired to con pollutants, contaminants, wastes or heat, trol the release of pollutants which, but removed, altered, stored, or disposed of for the facility, would be released into by such facility; the environment. FEDERAL REGISTER, VOL. 35, NO. 251--TUESDAY, DECEMBER 29, 1970 . 0S,N 329385 STLCOPCB4076093 19688 PROPOSED RULE MAKING (2) The facility Is not necessary to the manufacturing process from which discharges or emissions arc being con trolled and is identifiable apart from the equipment used in such process, (3) The facility is in compliance with the applicable regulations of Federal agencies. (4) Such facility furthers the general policies of the United States for coopera tion with the States in the prevention pounds from fuels which would be re leased as pollutants whrn such fuels are burned only if such facility is operated in . connection with the process in which such fuels are burned, and otherwise meets the requirements of this part. 602.9 Colt recovery. Notwithstanding any other provisions of this part, the Administrator will not certify any facility to the extent it np- . and abatement of pollution under the pears that, by reason of estimated profits Act: and to be derived through the recovery of (5) The applicant has complied with wastes or otherwise in the operation of i all the other requirements of this part. sucli facility, its costs will be recovered j (b) In determining whether a facility over Its actual useful life. j complies with applicable regulations of Federal agencies and the general policies of the United States for cooperation with the States in the prevention and abate ment of water pollution, the Adnhnistra- William D. Ruckelsiiaus, Administrator, Environmental Protection Agency. December 21, 1970. tor shall consider whether such facility [F.R. Doo. 70-17440; Filed, Deo. 28, 1970; is consistent with and meets the require 6:48 ft.m.] ments of the following factors, insofar as they are applicable to the waters which will be affected by the facility: (1) Water quality standards, includ ing water quality criteria and plans of implementation and enforcement estab lished pursuant to section 10(c) of the Act. (2) Recommendations Issued pursuant to section 10 (e) and (f) of the Act: (3) State water pollution control pro grams established pursuant to section 7 of the Act and regulations issued there under ; (4) Comprehensive water pollution control programs established pursuant ' to section 3 of the Act: (5) State, interstate and local stand ards and requirements for the preven tion, control and abatement of water pollution. (c) In determining whether a facility complies with applicable regulations of Federal agencies and the general policies of the United States for cooperation with the States in the prevention and abate ment of air pollution, the Administrator shall consider whether such facility is consistent with and meets the require ments of the following factors, insofar as they are applicable to the air which will be affected by the facility: (1) Plans for the implementation, maintenance, and enforcement of ambient air quality standards adopted . . pursuant to section 108(c) of the Act. : (2) Recommendations Issued pursuant to sections 103(e) and 108 of the Act which are applicable to facilities of the ; same type and located in the area to , which the recommendations are directed. ; (3) Local government requirements ' for control of air pollution, including emission standards. (d) The Administrator will not certify ; any facility which does not meet the re quirements of paragraph (a) of this : section, even though it may be demon strated by "incremental cost" or other accounting methods that certain ex penses associated with such facility are required to meet water or air quality . standards. i (e) The Administrator may certify a facility which removes elements or com FEDERAL REGISTER, VOL 35, NO. 251--TUESDAY, DECEMBER 29, 1970 DSW 329386 ; i f i it r i ii i f i i t fi f; i\ii i f iir i r i r t STLCOPCB4076094