[Federal Register Volume 60, Number 216 (Wednesday, November 8, 1995)]
[Proposed Rules]
[Pages 56281-56285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27697]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[TN-KNOX-95-01; FRL-5327-9]
Clean Air Act Proposed Full Approval, or in the Alternative,
Proposed Interim Approval of Operating Permits Program: Knox County
Department of Air Pollution Control, Knox County, Tennessee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed full approval, or proposed interim approval in the
alternative.
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SUMMARY: The EPA proposes full approval of the operating permits
program submitted by the Department of Air Pollution Control located in
the geographic area of Knox County, Tennessee. Alternatively, EPA
proposes to grant interim approval if specified changes are not adopted
prior to final promulgation of this rulemaking. Knox County's program
was submitted for the purpose of complying with Federal requirements
which mandate that states and local agencies develop, and submit to
EPA, programs for issuing operating permits to all major stationary
sources, and to certain other sources.
DATES: Comments on this proposed action must be received in writing by
December 8, 1995.
ADDRESSES: Written comments on this action should be addressed to Carla
E. Pierce, Chief, Air Toxics Unit/Title V Program Development Team, Air
Programs Branch, at the EPA Region 4 office listed below. Copies of the
Knox County submittal and other supporting information used in
developing the proposed interim approval are available for inspection
during normal business hours at the following location: Environmental
Protection Agency, Region 4 Air Programs Branch, 345 Courtland Street,
NE, Atlanta, Georgia 30365.
FOR FURTHER INFORMATION CONTACT: Gracy R. Danois, Title V Development
Team, Air Programs Branch, Air, Pesticides & Toxics Management
Division, Region 4 Environmental Protection Agency, 345 Courtland
Street, NE, Atlanta, Georgia 30365. The telephone number is 404/347-
3555, extension 4150.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Introduction
As required under title V of the 1990 Clean Air Act (``the Act'')
as amended by the 1990 Clean Air Act Amendments, EPA has promulgated
rules on July 21, 1992 (57 FR 32250) which define the minimum elements
of an approvable State/Local operating permits program and the
corresponding standards and procedures by which the EPA will approve,
oversee, and withdraw approval of state or local agency operating
permits programs. These rules are codified at 40 Code of Federal
Regulations (CFR) part 70. Title V and part 70 require that states or
authorized local agencies develop, and submit to EPA, programs for
issuing operating permits to all major stationary sources and to
certain other sources.
The Act requires that States or authorized local agencies develop
and submit these programs to EPA by November 15, 1993, and EPA to
approve or disapprove each program within 1 year after receiving the
submittal. If the State or local agency submission is materially
changed during the one-year review period, 40 CFR 70.4(e)(2) allows EPA
to extend the review period for no more than one year following receipt
of the additional materials. Knox County provided EPA with additional
materials in supplemental submittals dated August 24, 1994, January 6,
1995, January 19, 1995, February 6, 1995, May 23, 1995, and September
18 and 25, 1995. Because these supplements materially changed the
County's submittal, EPA has extended the one-year review period.
The EPA's program review occurs pursuant to section 502 of the Act
and the part 70 regulations, which together outline criteria for
approval or disapproval. Where a program substantially, but not fully,
meets the requirements of part 70, EPA may grant the program interim
approval for a period of up to 2 years. If EPA has not fully approved a
program by November 15, 1995, or by the end of an interim program, it
must establish and implement a Federal operating permits program for
that State or local agency.
II. Proposed Action and Implications
A. Analysis of Knox County's Submission
The Department of Air Pollution Control has requested full approval
of its title V operating permits program, which covers the geographic
area of Knox County within the State of Tennessee. EPA has concluded
that the operating permits program submitted by the Tennessee
Department of Environment and Conservation (TDEC) on behalf of the Knox
County Department of Air Pollution Control (``Knox County'' or ``the
County'') meets the requirements of title V and part 70, and proposes
to grant full/interim approval to the program. For detailed information
on the analysis of the Knox County submission, please refer to the
Technical Support Document (TSD) contained in the docket at the address
noted above.
1. Program Support Materials
Pursuant to section 502(d) of the Act, each state or local agency
must develop and submit to the Administrator an operating permits
program under State or local law or under an interstate compact meeting
the requirements of title V of the Act. On November 12, 1993, the TDEC
requested, under the signature of the Tennessee Governor's designee,
approval of the Knox County operating permit program with full
authority to administer the program in all areas of the County. The
County has
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delegated authority to implement part 70 under Tennessee law (Tennessee
Code Annotated (TCA), section 68-25-115). The TDEC supplemented the
program submittal on August 24, 1994, January 6 and 19, 1995, February
6, 1995, and May 23, 1995.
The Knox County submittal addresses, in section II entitled
``Complete Program Description,'' the requirements of 40 CFR 70.4(b)(1)
by describing how the County intends to carry out its responsibilities
under the part 70 regulations. EPA has deemed the program description
to be sufficient for meeting the requirements of 40 CFR 70.4(b)(1).
Pursuant to 40 CFR 70.4(b)(3), each state or local authority is
required to submit a legal opinion from the Attorney General (or the
attorney for the state or local air pollution control agency that has
independent legal counsel) demonstrating adequate authority to carry
out all aspects of the title V operating permits program. The Knox
County Law Director submitted a Legal Opinion demonstrating adequate
legal authority as required by Federal law and regulation.
Section 70.4(b)(4) requires the submission of relevant permitting
program documentation not contained in the regulations, such as permit
application forms, permit forms, and relevant guidance to assist in the
County's implementation of its permit program. Section V of the Knox
County submittal includes the permit application forms, permit forms,
and relevant guidance that the County intends to use for the
implementation of its permit program. EPA has determined that the
application forms meet the requirements of 40 CFR 70.5(c).
2. Regulations and Program Implementation
Knox County developed section 25.70 of the Knox County Air
Pollution Control (K.C.A.P.C.) Regulations for the implementation of
the substantive requirements of 40 CFR part 70. The County also
incorporated K.C.A.P.C. sections 25.8, 30.0, 35.3, and 49.0 to
implement other part 70 requirements. These rules, and several other
rules and statutes providing for the County's permitting and
administrative actions, were submitted by Knox County with sufficient
evidence of procedurally correct adoption as required by 40 CFR
70.4(b)(2).
The Knox County program, in K.C.A.P.C. section 25.70.3, meets the
requirements of 40 CFR 70.2 and 70.3 with regard to applicability.
K.C.A.P.C. sections 25.70.4, 25.70.5, and 25.70.6, substantially meet
the requirements of 40 CFR 70.4, 70.5, and 70.6 for permit content
(including operational flexibility) and complete permit application
forms. In addition, the County's program provides for off-permit
changes as described in 40 CFR 70.4(b)(14) in K.C.A.P.C. section
20.70.15. However, K.C.A.P.C. sections 25.70.5(c)(7) and 25.70.7(e)(2)
do not reference emissions trading as required by 40 CFR
70.4(b)(12)(iii), 70.5(c)(7), and 70.6(a)(10). As a condition of full
approval, Knox County has committed to rectify this lack of flexibility
on emissions trading procedures. In a letter dated September 25, 1995,
the County has proposed to incorporate the following language in
K.C.A.P.C. section 25.70.7(e)(2)(i)(B): ``Notwithstanding paragraphs
(e)(2)(i)(A) and (e)(3)(i) of this section, minor permit modification
procedures may be used for permit modifications involving the use of
economic incentives, marketable permits, emissions trading, and other
similar approaches, to the extent that such minor permit modification
procedures are explicitly provided for in an applicable implementation
plan or in applicable requirements promulgated by EPA. The Department
may establish additional requirements for such permit conditions.''
Section 70.4(b)(2) requires States and local agencies to include in
their part 70 programs any criteria used to determine insignificant
activities or emission levels for the purpose of determining complete
applications. Section 70.5(c) states that an application for a part 70
permit may not omit information needed to determine the applicability
of, or to impose, any applicable requirement, or to evaluate
appropriate fee amounts. Section 70.5(c) also states that EPA may
approve, as part of a state program, a list of insignificant activities
and emissions levels which need not be included in permit applications.
Under part 70, a state or local agency must request and EPA may approve
as part of that state's or local agency's program any activities or
emission levels that they wish to consider insignificant. Part 70,
however, does not establish emissions thresholds for insignificant
activities. EPA has accepted emissions thresholds of five tons per year
for criteria pollutants, and the lesser of 1000 pounds per year or
section 112(g) de minimis levels for HAP, as reasonable.
The regulations addressing the insignificant activities list of
Knox County can be found in K.C.A.P.C. section 25.70.12. This section
provides for the exemption of certain emissions units, or pollutant-
emitting activities from the title V permitting process. As required by
40 CFR 70.5(c), the County included language in this section to ensure
that information needed to determine the applicability of, or to impose
any applicable requirement, or to collect any permit fees is not
excluded from the application.
Part 70 requires prompt reporting of deviations from the permit
requirements. Section 70.6(a)(3)(iii)(B) requires the permitting
authority to define ``prompt'' in relation to the degree and type of
deviation likely to occur and the applicable requirements. Although the
permit program regulations should define ``prompt'' for purposes of
administrative efficiency and clarity, an acceptable alternative is to
define ``prompt'' in each individual permit. EPA believes that
``prompt'' should generally be defined as requiring reporting within
two to ten days of the deviation. Two to ten days is sufficient time in
most cases to protect public health and safety as well as to provide a
forewarning of potential problems. For sources with a low level of
excess emissions, a longer time period may be acceptable. However,
prompt reporting must be more frequent than the semiannual reporting
requirement, given this is a distinct reporting obligation under
section 70.6(a)(3)(iii)(A). Where ``prompt'' is defined in the
individual permit but not in the program regulations, EPA may veto
permits that do not contain sufficiently prompt reporting of
deviations. Knox County has not defined ``prompt'' in its program with
respect to the reporting of deviations. The contents of K.C.A.P.C.
section 25.70.6(a)(3)(iii)(B) requires ``prompt reporting of deviations
from permit requirements . . .'', but does not specify what will be
considered as prompt reporting. In a letter dated September 25, 1995,
Knox County committed to include the following sentence in K.C.A.P.C.
section 25.70.6(a)(3)(iii)(B): ``The term ``prompt'', in relation to
the degree and type of permit deviations likely to occur, will be
defined within each permit according to an EPA approved protocol, such
as the EPA/Local Implementation Agreement.''
Knox County has the authority to issue variances from requirements
imposed by State law under K.C.A.P.C. section 28.0. EPA regards this
provision as wholly external to the program submitted for approval
under part 70, and consequently proposes to take no action on this
provision of State law. EPA has no authority to approve provisions of
state law, such as the variance provision referred to, that are
inconsistent with title V. EPA does not
[[Page 56283]]
recognize the ability of a permitting authority to grant relief from
the duty to comply with a Federally enforceable part 70 permit, except
where such relief is granted through the procedures allowed by part 70.
A part 70 permit may be issued or revised (consistent with part 70
permitting procedures) to incorporate those terms of a variance that
are consistent with applicable requirements. A part 70 permit may also
incorporate, via part 70 permit issuance or modification procedures,
the schedule of compliance set forth in a variance. However, EPA
reserves the right to pursue enforcement of applicable requirements
notwithstanding the existence of a compliance schedule in a permit to
operate. This is consistent with 40 CFR 70.5(c)(8)(iii)(C), which
states that a schedule of compliance ``shall be supplemental to, and
shall not sanction noncompliance with, the applicable requirements on
which it is based.''
Knox County's program, in K.C.A.P.C. section 25.70.7, meets the
permit processing requirements (including public participation and
minor permit modifications) of 40 CFR 70.7. The permit review by EPA
and affected States requirements of 40 CFR 70.8 are addressed in
K.C.A.P.C. section 25.70.8.
In K.C.A.P.C. section 30.0, and in T.C.A. sections 68-210-112 and
68-210-116, the County substantially addresses the requirements of 40
CFR 70.11 with respect to enforcement authority. In response to the
comments made by EPA during its substantial review of the County's
program, on September 18, 1995, Knox County proposed revisions to the
enforcement portion of its program submittal. Such changes are outline
below.
In the area of civil penalty assessment, K.C.A.P.C. section 30.1(D)
describes that the Director has the authority to assess civil penalties
against any person. However, this item does not specify that the
maximum fine shall be no less than $10,000 per day per violation, as
required by 40 CFR 70.11(a)(3). Knox County has proposed a revision to
K.C.A.P.C. section 30.1(D) to specify that the maximum fine shall be no
less than $10,000 per day per violation.
Knox County does not have authority to restrain or enjoin
immediately and effectively any person by order or by suit in court
from engaging in any activity in violation of a permit that is
presenting an imminent and substantial endangerment to the public
health or welfare of the environment. The County has proposed to
incorporate in section 30.1(G) the appropriate authority to satisfy the
requirements of 40 C.F.R. 70.11(a)(1). Specifically, the provision will
read as follows: ``The Director has the authority to restrain or enjoin
immediately and effectively any person, by order or by suit in court,
from engaging in any activity in violation of a permit or the Knox
County Air Pollution Control Regulations that is presenting an imminent
and substantial endangerment to the public health or welfare, or the
environment.''
The contents of K.C.A.P.C. section 30.1(F) give the Director in
Knox County authority to ``cause to be instituted a civil action in any
court of competent jurisdiction for injunctive relief to prevent
violation of any regulation promulgated by the Board or any order duly
issued by the Director . . .''. It is not clear whether this can be
done ``without the necessity of a prior revocation of a permit'' as
required by 40 CFR 70.11(a)(2). As a condition of full approval, Knox
County has committed to incorporate in section 30.1(F) the following
statement: ``Such actions may be taken by the Director without the
necessity of a prior revocation of any permit.''
EPA has determined that the proposed provisions submitted by Knox
County on September 18 and 25, 1995, are acceptable. As condition of
full approval, the County plans to expeditiously adopt the proposed
change prior to EPA's final action on the County's program.
The aforementioned TSD contains the detailed analysis of the Knox
County program and describes the manner in which the County's program
meets all of the operating permit program requirements of 40 CFR part
70.
3. Permit Fee Demonstration
Section 502(b)(3) of the Act requires each permitting authority to
collect fees sufficient to cover all reasonable direct and indirect
costs necessary for the development and administration of its title V
operating permit program. Each title V program submittal must contain
either a detailed demonstration of fee adequacy or a demonstration that
aggregate fees collected from title V sources meet or exceed $25 per
ton of emissions per year (adjusted from 1989 by the Consumer Price
Index (CPI)). The $25 per ton is presumed, for program approval, to be
sufficient to cover all reasonable program costs and is thus referred
to as the ``presumptive minimum.''
Knox County will collect permit and emission-based fees that are
projected at $29.26 per ton of pollutant in 1995. Fees will be adjusted
annually by the Consumer Price Index beginning in 1996. The fee
demonstration showed that the fees collected will adequately cover the
anticipated costs of the operating permit program for the years 1995
through 1999.
4. Provisions Implementing the Requirements of Other Titles of the Act
a. Authority for Section 112 Implementation. In its program
submittal, Knox County demonstrates adequate legal authority to
implement and enforce all section 112 requirements through the title V
permit. This legal authority is contained in K.C.A.P.C. section 35.0,
and in section 25.70.2 where the term ``applicable requirements'' is
defined. EPA has determined that this legal authority is sufficient to
allow the local agency to issue permits that assure compliance with all
section 112 requirements.
EPA is interpreting the above legal authority to mean that Knox
County is able to carry out all section 112 activities with respect to
part 70 and non-part 70 sources. For further rationale on this
interpretation, please refer to the TSD.
b. Implementation of Section 112(g) Upon Program Approval. EPA
issued an interpretive notice on February 14, 1995 (60 FR 8333), which
outlines EPA's revised interpretation of section 112(g) applicability.
The notice postpones the effective date of section 112(g) until after
EPA has promulgated a rule addressing that provision. The notice sets
forth in detail the rationale for the revised interpretation.
The section 112(g) interpretative notice explains that EPA is
considering whether the effective date of section 112(g) should be
delayed beyond the date of promulgation of the Federal rule so as to
allow states or local agencies time to adopt rules implementing the
Federal rule, and that EPA will provide for any such additional delay
in the final section 112(g) rulemaking. Unless and until EPA provides
for such an additional postponement of section 112(g), Knox County must
have a Federally enforceable mechanism for implementing section 112(g)
during the period between promulgation of the Federal section 112(g)
rule and adoption of implementing local regulations.
EPA is aware that Knox County lacks a program designed specifically
to implement section 112(g). However, the County does have a
preconstruction review program that can serve as an adequate
implementation vehicle during the transition period because it would
allow the County to select control measures that would meet the maximum
achievable control technology (MACT), as defined in section 112, and
incorporate these
[[Page 56284]]
measures into a Federally enforceable preconstruction permit. For this
reason, EPA proposes to approve the use of Knox County's
preconstruction review program found in K.C.A.P.C. section 25.1, under
the authority of title V and part 70, solely for the purpose of
implementing section 112(g) to the extent necessary during the
transition period between section 112(g) promulgation and adoption of a
local rule implementing EPA's section 112(g) regulations. Although
section 112(l) generally provides authority for approval of local air
programs to implement section 112(g), title V and section 112(g)
provide for this limited approval because of the direct linkage between
the implementation of section 112(g) and title V. The scope of this
approval is narrowly limited to section 112(g) and does not confer or
imply approval for purpose of any other provision under the Act (e.g.,
section 110). This approval will be without effect if EPA decides in
the final section 112(g) rule that sources are not subject to the
requirements of the rule until local regulations are adopted. The
duration of this approval is limited to 18 months following
promulgation by EPA of the section 112(g) rule to provide adequate time
for the County to adopt regulations consistent with the Federal
requirements.
c. Program for Delegation of Section 112 Standards as Promulgated.
The requirements for part 70 program approval, specified in 40 CFR
70.4(b), encompass section 112(l)(5) requirements for approval of a
state or local program for delegation of section 112 standards
promulgated by EPA as they apply to title V sources. Section 112(l)(5)
requires that the County's program contain adequate authorities,
adequate resources for implementation, and an expeditious compliance
schedule, which are also requirements under part 70. Therefore, EPA
also proposes to grant approval, under section 112(l)(5) and 40 CFR
63.91, of Knox County's program for receiving delegation of future
section 112 standards and programs that are unchanged from the Federal
rules as promulgated. In addition, EPA proposes delegation of all
existing standards and programs under 40 CFR parts 61 and 63 for part
70 sources and non-part 70 sources.1
\1\ The radionuclide National Emission Standards for Hazardous
Air Pollutant (NESHAP) is a section 112 regulation and therefore,
also an applicable requirement under the State operating permits
program for part 70 sources. There is not yet a Federal definition
of ``major'' for radionuclide sources. Therefore, until a major
source definition for radionuclide is promulgated, no source would
be a major section 112 source solely due to its radionuclide
emissions. However, a radionuclide source may, in the interim, be a
major source under part 70 for another reason, thus requiring a part
70 permit. EPA will work with the State in the development of its
radionuclide program to ensure that permits are issued in a timely
manner.
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Knox County has informed EPA that it intends to accept the
delegation of future section 112 standards using the mechanism of
adoption-by-reference. The details of the County's use of its
delegation mechanism are set forth in a letter dated January 19, 1995,
submitted by Knox County as a title V program addendum.
d. Commitment to Implement Title IV of the Act. Knox County adopted
and incorporated by reference the provisions of 40 CFR part 72. On
March 29, 1995, EPA published a Federal Register notice (60 FR 16127)
notifying affected sources that the County's acid rain regulation was
acceptable for purposes of administering an acid rain program and that
the Knox County acid rain portion of the County's title V program has
been established. Knox County has committed to incorporate by reference
any new or revised provisions following promulgation by EPA.
B. Proposed Actions
1. Full Approval
The EPA is proposing full approval of the operating permits program
submitted by Knox County on November 12, 1993, as supplemented on
August 24, 1994, January 6 and 19, 1995, February 6, 1995, May 23,
1995, and September 18 and 25, 1995, if appropriate revisions to the
County's program are adopted prior to final promulgation of this
rulemaking. Knox County must make the following changes to receive full
approval:
1. Knox County must revise the contents of K.C.A.P.C. section
25.70.7(e)(2)(i)(B) to provide for operational flexibility in
accordance with 40 CFR 70.4(b)(12)(iii), 70.5(c)(7), and 70.6(a)(10).
These requirements allow the permitting authority, if requested by
permit applicants, to issue permits that contain terms and conditions
allowing for the trading of emissions increases and decreases in
permitted facilities.
2. Knox County must revise K.C.A.P.C. section 30.1(D) to specify
that the maximum fine shall be no less than $10,000 per day per
violation.
3. The County must revise K.C.A.P.C. section 30.1(G) to incorporate
the requirements of 40 CFR 70.11(a)(1), with respect to the County's
authority to restrain or enjoin immediately and effectively any person
by order or by suit in court from engaging in any activity in violation
of a permit that is presenting an imminent and substantial endangerment
to the public health or welfare of the environment.
4. Knox County must revise K.C.A.P.C. section 30.1(F) to include
the requirements of 40 CFR 70.11(a)(2) with respect to the authority
``to seek injunctive relief in court to enjoin any violation of any
program requirement, including permit conditions, without the necessity
of a prior revocation of a permit.''
EPA has determined that the Knox County program is otherwise
adequate to meet the minimum elements of an approvable operating
permits program as specified in 40 CFR part 70.
2. Interim Approval
Alternatively, EPA is proposing to grant interim approval under 40
CFR 70.4(d) to the Knox County operating permits program if the changes
required for full approval, as described above, are not made prior to
final promulgation of this rulemaking. EPA can grant interim approval
because Knox County's program substantially meets the requirements of
part 70 as discussed in section II(A) of this notice. The interim
approval issues noted above will not prevent the County from issuing
permits that are consistent with the part 70 program.
If EPA grants interim approval to the Knox County program, the
interim approval would extend for two years following the effective
date of final interim approval, and could not be renewed. During the
interim approval period, Knox County would be protected from sanctions,
and EPA would not be obligated to promulgate, administer and enforce a
Federal permits program for Knox County. Permits issued under a program
with interim approval are fully effective with respect to part 70. The
12-month time period for submittal of permit applications by sources
subject to part 70 requirements and the three-year time period for
processing the initial permit applications begin upon the effective
date of final interim approval.
Following the granting of final interim approval, if Knox County
fails to submit a complete corrective program for full approval by the
date six months before expiration of the interim approval, EPA would
start an 18-month clock for mandatory sanctions. If Knox County then
fails to submit a corrective program that EPA finds complete before the
expiration of that 18-month period, EPA is required to apply one of the
sanctions in section 179(b) of the Act, which will remain in effect
until EPA determines that Knox County has corrected the
[[Page 56285]]
deficiency by submitting a complete corrective program.
3. Other Actions
As discussed previously in section II.A.4.b., EPA proposes to
approve Knox County's preconstruction review program found in
K.C.A.P.C. section 25.1, under the authority of title V and part 70
solely for the purpose of implementing section 112(g) to the extent
necessary during the transition period between 112(g) promulgation and
adoption of a local rule implementing EPA's section 112(g) regulations.
In addition, as discussed in section II.A.4.c., EPA proposes to
grant approval under section 112(l)(5) and 40 CFR 63.91 to the County's
program for receiving delegation of future section 112 standards and
programs that are unchanged from Federal rules as promulgated. EPA also
proposes to delegate all existing standards under 40 CFR parts 61 and
63 for both part 70 and non-part 70 sources.
III. Administrative Requirements
A. Request for Public Comments
The EPA is requesting comments on all aspects of this proposed
interim approval. Copies of the Knox County submittal and other
information relied upon for the proposed full/interim approval are
contained in docket number TN-KNOX-95-01 maintained at the EPA Regional
Office. 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 interim approval. 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 approval
process, and
(2) to serve as the record in case of judicial review. The EPA will
consider any comments received December 8, 1995.
B. Executive Order 12866
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
C. Regulatory Flexibility Act
The EPA's actions under section 502 of the Act do not create any
new requirements, but simply address operating permits programs
submitted to satisfy the requirements of 40 CFR part 70. Because this
action does not impose any new requirements, it does not have a
significant impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act of 1995
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate, or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the proposed approval action promulgated
today does not include a Federal mandate that may result in estimated
costs of $100 million or more to State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: October 31, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 95-27697 Filed 11-7-95; 8:45 am]
BILLING CODE 6560-50-P
