[Federal Register Volume 59, Number 198 (Friday, October 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25228]
[[Page Unknown]]
[Federal Register: October 14, 1994]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[FRL-5090-2]
Operating Permits Program Interim Approval Criteria
AGENCY: Environmental Protection Agency (EPA).
ACTION: Extension of comment period for proposal to revise interim
approval criteria for operating permits programs.
-----------------------------------------------------------------------
SUMMARY: On August 29, 1994, EPA proposed in the Federal Register (59
FR 44572) revisions to the interim approval criteria within the
regulations in part 70 of chapter I of title 40 of the Code of Federal
Regulations. The comment period provided in that notice was 30 days and
closed on September 28, 1994. Today's action extends that comment
period an additional 30 days until October 28, 1994.
DATES: Comments on the regulatory changes to the interim approval
criteria proposed on August 29, 1994 must be received by October 28,
1994.
ADDRESSES: Comments must be mailed (in duplicate if possible) to: EPA
Air Docket (LE-131), Attn: Docket No. A-93-50, room M-1500, Waterside
Mall, 401 M Street SW, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Michael Trutna (telephone 919/541-
5345), mail drop 15, United States Environmental Protection Agency,
Office of Air Quality Planning and Standards, Air Quality Management
Division, Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION: Part 70 contains regulations requiring
States to develop, and submit to EPA for approval, programs for issuing
operating permits to major, and certain other, stationary sources of
air pollution. The minimum elements of operating permits programs are
contained in part 70 which was promulgated on July 21, 1992 (57 FR
32250). If a submitted program does not fully meet the requirements of
part 70, full approval of the program cannot be granted by EPA. If a
program, however, ``substantially meets'' the provisions of part 70,
the program can be granted interim approval giving the permitting
authority a period of time to revise its program and correct
deficiencies identified by EPA. Full approval could then be granted
before expiration of the interim approval and possible application of
sanctions. The criteria EPA will use in determining if a program can be
granted interim approval are listed in Sec. 70.4(d) of the part 70
regulations.
The August 29, 1994 proposal would change the interim approval
criteria in Sec. 70.4(d) with respect to the procedures for revising
operating permits to reflect changes that are subject to
preconstruction review under programs adopted by States pursuant to
section 110(a)(2)(C) of the Clean Air Act and approved by EPA into
their State Implementation Plans. Such changes are termed ``minor new
source review (NSR)'' changes. The EPA has solicited comment on whether
operating permit programs which provide for adopting minor NSR changes
into operating permits through the part 70 minor permit modification
process are consistent with the requirements of part 70. The part 70
regulations provide, among other things, that a change that is a
``modification under any provision of title I of the Act'' is not
eligible for the minor permit modification process. The Agency has
solicited comment on whether minor NSR changes are ``modifications
under any provision of title I.'' Under the proposed changes to the
interim approval criteria, EPA would be able to grant interim approval
to operating permits programs that do not treat minor NSR changes as
title I modifications, even if EPA determines that minor NSR changes
are title I modifications. By granting interim approval, EPA would be
providing permitting authorities up to 18 months (i.e., the program
corrections would be due to EPA at least 6 months prior to expiration
of the interim approval which could be granted for up to 2 years) to
correct these program provisions.
Several requests for an extension of the comment period on the
interim approval criteria notice were received soon after publication
of the proposal notice. Because of the significance of the issues
(e.g., the definition of title I modification), these commenters felt
the 30-day comment period provided was not long enough to prepare their
comments. In another Federal Register document also published on August
29 (59 FR 44460), EPA has proposed to add a definition of title I
modification to the part 70 regulations. That document provides a 90-
day comment period. However, EPA must resolve the issue of the proper
definition of title I modification in order to complete the interim
approval criteria rulemaking, since that issue bears on the decision to
change the criteria as proposed. The Agency is required to begin making
final decisions on the approvability of part 70 programs in the next
several months, so EPA must complete the interim approval criteria
rulemaking soon. In view of that timeframe, EPA is extending the
comment period on the interim approval criteria rulemaking by 30 days,
until October 28. Anyone wishing to submit comments on the definition
of title I modification should submit their comments on that issue by
October 28. The Agency will make its determination on the title I
modification definition based on comments received on the interim
approval criteria notice. Both of the August 29 proposals have the same
docket number (A-93-50).
Dated: October 4, 1994.
Robert D. Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 94-25228 Filed 10-13-94; 8:45 am]
BILLING CODE 6560-50-P
