[Federal Register Volume 61, Number 212 (Thursday, October 31, 1996)]
[Rules and Regulations]
[Pages 56368-56371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26446]
[[Page 56367]]
_______________________________________________________________________
Part V
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 70
_______________________________________________________________________
Operating Permits Program Interim Approval Extensions; Final Rule
Federal Register / Vol. 61, No. 212 / Thursday, October 31, 1996 /
Rules and Regulations
[[Page 56368]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[FRL-5612-3]
RIN 2060-AF70
Operating Permits Program Interim Approval Extensions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is today promulgating a revision to the operating
permits regulations. This regulatory revision allows the Administrator
to set interim approval expiration dates for State operating permits
programs beyond the maximum 2 years. Today's action also extends all
operating permits program interim approvals by 10 months if those
interim approvals were granted prior to June 13, 1996.
EFFECTIVE DATE: The amendments take effect on December 2, 1996.
For those programs whose interim approval dates are amended by this
action, interim approval will expire on the new dates which are 10
months after the original interim approval expiration dates. For any
program granted interim approval, program revisions correcting interim
approval deficiencies are due to be submitted to EPA 6 months prior to
expiration of the interim approval.
ADDRESSES: Supporting material used in developing the proposal and
final regulatory revisions is contained in Docket Number A-93-50. This
docket is available for public inspection and copying between 8:30 a.m.
and 3:30 p.m., Monday through Friday, at the address listed below. A
reasonable fee may be charged for copying. The address of the EPA air
docket is: EPA Air Docket (LE-131), Attention: Docket Number A-93-50,
Room M-1500, Waterside Mall, 401 M Street SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Roger Powell (telephone 919-541-5331),
Mail Drop 12, United States Environmental Protection Agency, Office of
Air Quality Planning and Standards, Information Transfer and Program
Integration Division, Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION:
I. Background
On August 31, 1995, EPA proposed revisions to the part 70 operating
permits regulations (60 FR 45530). Primarily, the notice proposed
changes to the system for revising permits. A number of other less
detailed proposed changes were included in the notice. In addition, the
Agency proposed a number of revisions on August 29, 1994 (59 FR 44460).
Altogether, State and local permitting authorities will have a
complicated package of program revisions to prepare in response to
these changes once promulgated. The part 70 revisions are anticipated
to take place early calendar 1997.
Contemporaneous with the task of revising the program to meet the
revised part 70, many programs have been granted interim approval which
will require permitting authorities to prepare program revisions to
correct those deficiencies identified in the interim approval. The
preamble to the August 31, 1995 proposal noted the concern of many
permitting authorities over having to revise their programs twice--once
to correct interim approval deficiencies, and again to address the
revisions to part 70. In the August 1995 preamble, the Agency proposed
that States with interim approval ``* * * should be allowed to delay
the submittal of any program revisions to address program deficiencies
previously listed in their notice of interim approval until the
deadline to submit other changes required by the proposed revisions to
part 70'' (60 FR 45552). Comment was solicited on this action and on a
legal rationale. The Agency also proposed ``* * * to exercise its
discretion under proposed section 70.4(i)(1)(iv) to provide States 2
years to submit program revisions in response to the proposed part 70
revisions * * *'' (60 FR 45551).
In combination, these actions could extend all interim approvals
such that permitting authorities would not have to submit program
revisions addressing interim approval deficiencies until up to 2 years
after part 70 is revised. Six comments were received on this subject
during the public comment period on the August 1995 proposal. Five of
these commenters supported either the extension or efforts to minimize
the burden on permitting authorities, but none provided a reasonable
legal rationale. One of the commenters indicated the action is not
consistent with title V.
II. Discussion
The regulatory revisions being made today amend Sec. 70.4(d)(2) to
allow the Administrator to grant the proposed additional extension to
interim approvals. The Agency does not believe, however, that the
August 31, 1995 blanket proposal to extend all interim approval program
revision submittal dates until up to 2 years after part 70 is revised
is appropriate. Program deficiencies that caused granting of interim
approval of permitting programs vary from a few problems that can be
easily corrected to complex problems that will require regulatory
changes and, in some cases, legislative action. Where an undue burden
will be encountered by developing two program revisions, combining
program revisions and thus granting a longer time period for submission
of the program revision to correct interim approval deficiencies is
warranted. Where no such burden will occur, the Agency encourages
permitting authorities to proceed with correcting their interim
approval program deficiencies and not wait for the revised part 70.
To encourage permitting authorities to proceed with program
revisions within their interim approval timeframes, rather than wait
for the revised part 70, all interim approvals granted prior to the
date of issuance of a memorandum announcing EPA's position on this
issue (memorandum from Lydia N. Wegman to Regional Division Directors,
``Extension of Interim Approvals of Operating Permits Programs,'' June
13, 1996) are being extended in today's action by 10 months. The June
1996 memorandum is in the docket for today's action.
The reason for this automatic extension is that permitting
authorities, upon reading the August 1995 proposed action, may have
delayed their efforts to develop program revisions to address interim
approval deficiencies because they believed the proposed policy to
extend interim approvals until revised part 70 program revisions are
due would be adopted for all programs. The EPA has been informed that
this was the case in many States. Approximately 10 months passed since
the August 1995 proposal until issuance of the memorandum previously
noted. The additional 10-month extension to all interim approvals being
granted in today's action will offset any time lost in permitting
authority efforts to develop program revisions addressing interim
approval deficiencies. The Agency does not, however, feel this 10-month
extension should be applied to application submittal dates for the
second group of sources covered by a source-category limited interim
approval.1
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\1\ Several States have been granted source-category limited
interim approvals. Under that type approval, a subset of the part 70
source population is to submit permit applications during the first
year of the program. The application submittal period for the
remaining sources begins upon full approval of the program. The
Agency concludes this second group of sources should still submit
permit applications during a period beginning on the original
expiration date of a State's interim approval as opposed to that
date extended by 10 months. The other interim approval program
deficiencies, however, will be eligible for the 10-month extension.
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[[Page 56369]]
As noted in the June 1996 memorandum, EPA may, where the permitting
authority applies for it after part 70 is revised, grant a longer
extension to an interim approval so that the program revision to
correct interim approval program deficiencies can be combined with the
program revision to meet the revised part 70. Such extensions will only
be granted once per State and will not be of a duration which exceeds 2
years after promulgation of revisions to part 70. Such a request must
be made within 30 days of promulgation of the part 70 revisions. This
will make it possible for EPA to take a single rulemaking action (if
such action is warranted) to adopt new interim approval deadlines. All
programs with interim approval are eligible for this longer extension,
even if interim approval was granted after the June 1996 memorandum.
As required by Sec. 70.4(f)(2), program revisions addressing
interim approval deficiencies must be submitted to EPA no later than 6
months prior to the expiration of the interim approval. The dates for
permitting authorities to submit their combined program revisions to
address the revised part 70 and the interim approval deficiencies will
be 6 months prior to the interim approval expiration dates which will
be set through a future rulemaking.
Any longer extension allowing combining of program revisions to
meet both the revised part 70 and interim approval deficiencies will
occur only once for a permitting authority and will be based on the
promulgation date of the revisions to part 70. If only regulatory
changes to a program are needed to meet the revised part 70, the
extension may be for up to 18 months after the part 70 revisions. If
legislative changes are needed to a program to meet the revised part
70, the extension may be for up to 2 years. As previously noted, the
program revision submittal date will be 6 months prior to expiration of
the extended interim approval.
III. Administrative Requirements
A. Docket
The docket for this regulatory action is A-93-50. The docket is an
organized and complete file of all the information submitted to, or
otherwise considered by, EPA in the development of this proposed
rulemaking. The principal purposes of the docket are: (1) to allow
interested parties a means to identify and locate documents so that
they can effectively participate in the rulemaking process, and (2) to
serve as the record in case of judicial review (except for interagency
review materials). The docket is available for public inspection at
EPA's Air Docket, which is listed under the ADDRESSES section of this
document.
B. Executive Order (E.O.) 12866
Under E.O. 12866 (58 FR 51735, October 4, 1993), the Agency must
determine whether each regulatory action is ``significant,'' and
therefore subject to the Office of Management and Budget (OMB) review
and the requirements of the Order. The Order defines ``significant''
regulatory action as one that is likely to lead to a rule that may:
1. Have an annual effect on the economy of $100 million or more,
adversely and materially affecting 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 program or the rights and obligation of recipients
thereof.
4. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
E.O. 12866.
Pursuant to the terms of E.O. 12866, it has been determined that
this rule is not a ``significant'' regulatory action because it does
not substantially change the existing part 70 requirements for States
or sources, requirements which have already undergone OMB review.
Rather than impose any new requirements, this rule only extends an
existing mechanism. As such, this action is exempted from OMB review.
C. Regulatory Flexibility Act Compliance
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the Administrator certifies that this rule will not have
a significant economic impact on a substantial number of small
entities. In developing the original part 70 rule, the Agency
determined that it would not have a significant economic impact on a
substantial number of small entities. Similarly, the same conclusion
was reached in an initial regulatory flexibility analysis performed in
support of the proposed part 70 revisions (a subset of which
constitutes today's action). This action does not substantially alter
the part 70 regulations as they pertain to small entities and
accordingly, will not have a significant economic impact on a
substantial number of small entities.
D. Paperwork Reduction Act
The OMB has approved the information collection requirements
contained in this rule under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-
0243. The Information Collection Request (ICR) prepared for the part 70
rule is not affected by today's action because the part 70 ICR
determined burden on a nationwide basis, assuming all part 70 sources
were included without regard to the approval status of individual
programs. Today's rule, which simply provides for an extension of the
interim approval of certain programs, does not alter the assumptions of
the approved part 70 ICR used in determining the burden estimate.
Furthermore, today's action does not impose any additional requirements
which would add to the information collection requirements for sources
or permitting authorities.
Send comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden, including through the use of
automated collection techniques, to:
Director, Regulatory Information Division, Office of Policy, Planning,
and Evaluation (2136), U.S. Environmental Protection Agency, 401 M
Street, SW, Washington, DC 20460.
and:
Office of Information and Regulatory Affairs, Office of Management and
Budget, Attention: Desk Officer for EPA, 725 17th Street, NW,
Washington, DC 20503.
Include the ICR number in any correspondence.
E. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with Federal mandates that may
result in expenditures to State, local, and tribal governments, in the
aggregate, or
[[Page 56370]]
to the private sector, of $100 million or more in any 1 year.
The EPA has determined that today's rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector, in any 1 year. Although the part 70 regulations governing State
operating permit programs impose significant Federal mandates, today's
action does not amend the part 70 regulations in a way that
significantly alters the expenditures resulting from these mandates.
Therefore, the Agency concludes that it is not required by section 202
of the UMRA of 1995 to provide a written statement to accompany this
regulatory action.
F. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(l)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 70
Environmental protection, Air pollution control, Prevention of
significant deterioration, New source review, fugitive emissions,
Particulate matter, Volatile organic compounds, nitrogen dioxide,
carbon monoxide, Hydrocarbons, Lead, Operating permits.
Dated: September 13, 1996.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, of
the Code of Federal Regulations is amended as set forth below.
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority 42 U.S.C. 7401, et seq.
2. Paragraph (d)(2) of Sec. 70.4 is revised to read as follows:
Sec. 70.4 State program submittals and transition.
* * * * *
(d) Interim approval. * * *
(2) Interim approval shall expire on a date set by the
Administrator (but not later than 2 years after such approval unless a
longer period of time up to 10 months is provided on an individual
basis by the Administrator through rulemaking), and may not be renewed.
Notwithstanding the previous sentence, the Administrator may, through
rulemaking, provide for a longer period of time on an individual basis,
but only once per State, as necessary to allow for a State to submit
one set of program changes addressing both interim approval
deficiencies and program changes necessary to comport with the next
revision to Sec. 70.7 that is made after [date of publication]. Any
longer period of time provided by the Administrator shall not exceed 2
years after publication in the Federal Register of that revision.
Sources shall become subject to the program according to the schedule
approved in the State program. Permits granted under an interim
approval shall be fully effective and expire at the end of their fixed
term, unless renewed under a part 70 program.
Appendix A--Part 70 [Amended]
3. Appendix A of part 70 is amended by the following:
a. Adding a sentence to the end of paragraphs (n), (x), and (y)
under California and paragraph (a) under Missouri;
b. Revising paragraph (a) under Oklahoma; and
c. Revising the end date of each paragraph as follows: Paragraphs
(a) through (c) of Alabama; Paragraph (a) of Arkansas, Colorado,
Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois,
Indiana, Iowa, Kentucky, Massachusetts, Minnesota, Montana, New Jersey,
North Carolina, North Dakota, Rhode Island, West Virginia, Wisconsin,
and Wyoming; Paragraphs (a) through (m), (o) through (w), (z) through
(cc), and (ee) through (hh) of California; paragraphs (a) through (c)
of Nevada; paragraphs (a) and (b) of New Mexico; and paragraphs (a)
through (i) of Washington.
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
Alabama
(a) * * * October 15, 1998.
(b) * * * October 15, 1998.
(c) * * * October 15, 1998.
Arkansas
(a) * * * August 8, 1998.
California * * *
(a) * * * April 3, 1998.
(b) * * * May 23, 1998.
(c) * * * April 3, 1998.
(d) * * * April 3, 1998.
(e) * * * April 3, 1998.
(f) * * * April 3, 1998.
(g) * * * April 3, 1998.
(h) * * * June 13, 1998.
(i) * * * April 3, 1998.
(j) * * * April 3, 1998.
(k) * * * April 3, 1998.
(l) * * * June 13, 1998.
(m) * * * April 3, 1998.
(n) * * * Interim approval expires on December 9, 1998.
(o) * * * April 3, 1998.
(p) * * * April 3, 1998.
(q) * * * January 5, 1999.
(r) * * * September 6, 1998.
(s) * * * April 3, 1998.
(t) * * * April 3, 1998.
(u) * * * April 3, 1998.
(v) * * * April 3, 1998.
(w) * * * July 4, 1998.
(x) * * * Interim approval expires on December 9, 1998.
(y) * * * Interim approval expires on March 25, 1999.
(z) * * * October 1, 1998.
(aa) * * * October 1, 1998.
(bb) * * * June 13, 1998.
(cc) * * * April 3, 1998.
* * * * *
(ee) * * * June 13, 1998.
(ff) * * * April 3, 1998.
(gg) * * * October 1, 1998.
(hh) * * * April 3, 1998.
Colorado
(a) * * * December 24, 1997.
* * * * *
Delaware
(a) * * * November 5, 1998.
* * * * *
District of Columbia
(a) * * * July 8, 1998.
* * * * *
Florida
(a) * * * August 25, 1998.
* * * * *
Georgia
(a) * * * October 22, 1998.
* * * * *
Hawaii
(a) * * * October 1, 1997.
* * * * *
Illinois
(a) * * * January 7, 1998.
* * * * *
Indiana
(a) * * * October 14, 1998.
* * * * *
Iowa
(a) * * * August 1, 1998.
* * * * *
Kentucky
(a) * * * October 14, 1998.
* * * * *
[[Page 56371]]
Massachusetts
(a) * * * March 15, 1999.
* * * * *
Minnesota
(a) * * * May 16, 1998.
* * * * *
Missouri
(a) * * * Interim approval expires on September 13, 1998.
* * * * *
Montana
(a) * * * April 11, 1998.
* * * * *
Nevada
(a) * * * November 12, 1998.
(b) * * * December 5, 1997.
(c) * * * June 13, 1998.
* * * * *
New Jersey
(a) * * * April 16, 1999.
New Mexico
(a) * * * October 19, 1997.
(b) * * * June 10, 1997.
* * * * *
North Carolina
(a) * * * October 15, 1998.
* * * * *
North Dakota
(a) * * * June 7, 1998.
* * * * *
Oklahoma
(a) The Oklahoma Department of Environmental Quality submitted
its operating permits program on January 12, 1994, for approval.
Source category-limited interim approval is effective on March 6,
1996. Interim approval will expire January 5, 1999.
* * * * *
Rhode Island
(a) * * * May 6, 1999.
* * * * *
Washington
(a) * * * October 9, 1997.
(b) * * * October 9, 1997.
(c) * * * October 9, 1997.
(d) * * * October 9, 1997.
(e) * * * October 9, 1997.
(f) * * * October 9, 1997.
(g) * * * October 9, 1997.
(h) * * * October 9, 1997.
(i) * * * October 9, 1997.
* * * * *
West Virginia
(a) * * * October 15, 1998.
* * * * *
Wisconsin
(a) * * * February 7, 1998.
* * * * *
Wyoming
(a) * * * December 19, 1997.
[FR Doc. 96-26446 Filed 10-30-96; 8:45 am]
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