[Federal Register Volume 60, Number 232 (Monday, December 4, 1995)]
[Rules and Regulations]
[Pages 62032-62034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29555]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[AD-FRL-5339-1]
Title V Clean Air Act Final Interim Approval of Operating Permits
Program; State of Delaware
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Final interim approval.
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SUMMARY: EPA is promulgating interim approval of the operating permits
program submitted by the State of Delaware. This program was submitted
by the State for the purpose of complying with federal requirements for
an approvable program to issue operating permits to all major
stationary sources, and to certain other sources.
EFFECTIVE DATE: January 3, 1996.
ADDRESSES: Copies of the State of Delaware's submittal and other
supporting information used in developing the final interim approval
are available for inspection during normal business hours at the
following location: Air, Radiation, and Toxics Division, U.S.
Environmental Protection Agency, Region III, 841 Chestnut Building,
Philadelphia, PA 19107.
FOR FURTHER INFORMATION CONTACT: Robin M. Moran, (3AT23), Air,
Radiation and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, PA 19107, (215) 597-
3023.
SUPPLEMENTARY INFORMATION:
I. Background
A. Introduction
Title V of the 1990 Clean Air Act Amendments (section 501-507 of
the Clean Air Act (CAA)), and implementing regulations at 40 Code of
Federal Regulations (CFR) part 70 require that states seeking to
administer a Title V operating permits program develop and submit a
program to EPA by November 15, 1993, and that EPA act to approve or
disapprove each program
[[Page 62033]]
within 1 year after receiving the submittal. EPA's program review is
conducted pursuant to section 502 of the Act and the part 70
regulations, which together outline criteria for approval or
disapproval of an operating permits program submittal. 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, in
the case of interim approval, by the expiration of the interim approval
period, it must establish and implement a federal program.
On September 21, 1995, EPA proposed interim approval of the
operating permits program for the State of Delaware. (See 60 FR 48944).
EPA compiled a Technical Support Document (TSD) which describes the
operating permits program in greater detail. In this notice, EPA is
taking final action to promulgate interim approval of the operating
permits program for the State of Delaware.
II. Analysis of State Submittal
On November 15, 1993, the State of Delaware submitted an operating
permits program to satisfy the requirements of the CAA and 40 CFR part
70. The submittal was supplemented by additional materials on November
22, 1993, and was found to be administratively incomplete pursuant to
40 CFR 70.4(e)(1) on January 18, 1994. Additional materials were
submitted on February 9, 1994, and May 15, 1995. Based on the
additional information, EPA found the submittal to be administratively
complete on May 19, 1995. The State submitted supplemental information
on September 5, 1995. EPA reviewed Delaware's program against the
criteria for approval in section 502 of the CAA and the part 70
regulations. EPA determined, as fully described in the notice of
proposed interim approval of Delaware's operating permits program (see
60 FR 48944; September 21, 1995) and the TSD for this action, that
Delaware's operating permits program substantially meets the
requirements of the CAA and part 70.
III. Public Comments
EPA received no public comments on the notice of proposed interim
approval.
IV. Insignificant Activities
In the notice of proposed interim approval, EPA generally described
Delaware's list of insignificant activities contained in Appendix A of
Regulation No. 30. Today, EPA is clarifying its rationale for approving
Delaware's insignificant activities provision. Although Delaware's
Regulation No. 30 states that any information required by the permit
application need not be submitted for insignificant activities listed
or described in Appendix A, sources must provide a list of any
activities excluded because of size, emissions rate, or production
rate. The application form reflects this requirement and provides
detail on the specific information that must be included. Delaware's
regulation also requires applications to include information needed to
determine the applicability of, or to impose, any applicable
requirement, and that the emissions from insignificant activities shall
be included when determining the applicability of any applicable
requirement.
Paragraph (i) of Appendix A allows sources flexibility to consider
as insignificant those activities for which no applicable requirement
applies and which are not otherwise listed in the rule if they have the
potential to emit at less than the following aggregate rates: 25 tons
per year (tpy) of VOC in New Castle or Kent Counties or 50 tpy of VOC
in Sussex County; 40 tpy of particulate [matter]; 15 tpy of PM-10; 40
tpy of sulfur dioxide (SO2); and 25 tpy of nitrogen oxides (NOx) in New
Castle or Kent Counties or 100 tpy of NOx in Sussex County. While these
emission levels for insignificant activities are higher than those
approved by EPA for other states, EPA believes that Delaware's program
is acceptable because Delaware, in fact, requires the application to
contain more detailed information about these activities than many
other State programs. Delaware's permit application form (#AQM-1001DD,
submitted on February 9, 1994 and May 15, 1995) requires sources to
identify the following information for insignificant activities based
on emissions levels: the pollutant, emission rate (e.g., tons per year,
pounds per day), number of units and type of source. This level of
detail should ensure that Delaware has enough information to adequately
establish permitting requirements and the applicable requirements of
the Act. Because Delaware requires an acceptable level of information
in the permit application form, EPA believes that the emission
thresholds established in paragraph (i) of Appendix A need not be an
interim approval issue for Delaware's program. Since this decision
depends on the safeguard provided by the requirements in the
application form, EPA will process changes to the application form that
may reduce the quality or level of information relative to
insignificant activities as a formal program revision; that is,
application form revisions relative to insignificant activities will
not be approved by way of an exchange of letters between EPA and the
State of Delaware. Further, EPA's approval of Delaware's insignificant
activities is based on Section 5(d) of Regulation No. 30 (Standard
Application Form and Required Information) which states that the
activities listed in Appendix A are to be included for purposes of
determining whether a source is subject to the regulation. This
provision ensures that the emissions levels established in paragraph
(i) of Appendix A will not interfere with the determination of whether
a source is major under the Clean Air Act.
Final Action
EPA is promulgating interim approval of the operating permits
program submitted by the State of Delaware on November 15, 1993, with
supplemental submittals on November 22, 1993, February 9, 1994, May 15,
1995, and September 5, 1995. The State of Delaware must make the
changes identified in the notice of proposed rulemaking in order to
fully meet the requirements of the July 21, 1992 version of part 70.
(See 60 FR 48944, September 21, 1995). Delaware must adopt acid rain
regulations by July 1, 1996, consistent with the commitment made in a
September 5, 1995 letter to EPA.
The scope of the State's part 70 program applies to all part 70
sources (``covered sources'' as defined in the State's program) within
the State, except for sources of air pollution over which an Indian
Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-18 (Nov. 9,
1994). The term ``Indian Tribe'' is defined under the CAA as ``any
Indian tribe, band, nation, or other organized group or community,
including any Alaska Native village, which is federally recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.'' See section
302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25, 1994); 58 FR
54364 (Oct. 21, 1993).
This interim approval, which may not be renewed, extends until
January 5, 1998. During the interim approval period, Delaware is
protected from sanctions for failure to have a fully approved Title V,
part 70 program, and EPA is not obligated to promulgate, administer and
enforce a federal permits program in the State. Permits issued
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under a program with interim approval have full standing with respect
to part 70, and the 1-year time period for submittal of permit
applications by subject sources begins upon the effective date of
interim approval, as does the 3-year time period for processing the
initial permit applications.
If the State fails to submit a complete corrective program for full
approval by July 7, 1997, EPA will start an 18-month clock for
mandatory sanctions. If the State then fails to submit a corrective
program that EPA finds complete before the expiration of that 18-month
period, EPA will be required to apply one of the sanctions in section
179(b) of the CAA, which will remain in effect until EPA determines
that the State has corrected the deficiency by submitting a complete
corrective program. Moreover, if the Administrator finds a lack of good
faith on the part of the State, both sanctions under section 179(b)
will apply after the expiration of the 18-month period until the
Administrator determines that the State has come into compliance. In
any case, if, six months after application of the first sanction, the
State still has not submitted a corrective program that EPA finds
complete, a second sanction would be required.
If EPA disapproves the State's complete corrective program, EPA
would be required to apply one of the section 179(b) sanctions on the
date 18 months after the effective date of the disapproval, unless
prior to the date on which the sanction would be applied the State has
submitted a revised program and EPA has determined that this program
corrected the deficiencies that prompted the disapproval. Moreover, if
the Administrator finds a lack of good faith on the part of the State,
both sanctions under section 179(b) would apply after the expiration of
the 18-month period until the Administrator determines that the State
has come into compliance. In all cases, if, six months after EPA
applies the first sanction, the State has not submitted a revised
program that EPA has determined corrects the deficiencies that prompted
disapproval, a second sanction is required.
In addition, discretionary sanctions may be applied where warranted
any time after the expiration of an interim approval period if the
State has not timely submitted a complete corrective program or EPA has
disapproved a submitted corrective program. Moreover, if EPA has not
granted full approval to the State's program by the expiration of the
interim approval period, EPA must promulgate, administer and enforce a
federal operating permits program for the State upon the date the
interim approval period expires.
Requirements for approval, specified in 40 CFR 70.4(b), encompass
the CAA's section 112(l)(5) requirements for approval of a program for
delegation of section 112 standards as promulgated by EPA as they apply
to part 70 sources. Section 112(l)(5) requires that the State's program
contain adequate authorities, adequate resources for implementation,
and an expeditious compliance schedule, which are also requirements
under part 70. Therefore, EPA is also promulgating approval under
section 112(l)(5) and 40 CFR 63.91 of the State's program for receiving
delegation of section 112 standards that are unchanged from federal
standards as promulgated. This program for delegations only applies to
sources covered by the part 70 program.
Additionally, EPA is promulgating approval of Delaware's operating
permit program under the authority of Title V and part 70 for the
purpose of implementing section 112(g) to the extent necessary during
the transition period between promulgation of the federal section
112(g) rule and adoption of any necessary State rules to implement
EPA's section 112(g) regulations. However, since this approval is for
the purpose of providing a mechanism to implement section 112(g) during
the transition period, the approval of the operating permits program
for this purpose 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 state regulations are adopted. Although section 112(l)
generally provides the authority for approval of state air toxics
programs, Title V and section 112(g) provide authority for this
approval because of the direct linkage between implementation of
section 112(g) and Title V. The duration of this approval is limited to
18 months following promulgation by EPA of section 112(g) regulations,
to provide the State with adequate time to adopt regulations consistent
with federal requirements.
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
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 to
propose interim approval of the State of Delaware's operating permits
program pursuant to Title V of the CAA and 40 CFR part 70 does not
impose any new requirements, it does not have a significant impact on a
substantial number of small entities.
EPA has determined that this action, promulgating interim approval
of the State of Delaware's operating permits program, does not include
a federal mandate that may result in estimated costs of $100 million or
more to either 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,
and Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: November 22, 1995.
W. Michael McCabe,
Regional Administrator.
Part 70, title 40 of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Appendix A to part 70 is amended by adding the entry for
Delaware in alphabetical order to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Delaware
(a) Department of Natural Resources and Environmental Control:
submitted on November 15, 1993 and amended on November 22, 1993,
February 9, 1994, May 15, 1995 and September 5, 1995; interim
approval effective on January 3, 1996; interim approval expires
January 5, 1998.
(b) [Reserved]
* * * * * *
[FR Doc. 95-29555 Filed 11-30-95; 1:07 pm]
BILLING CODE 6560-50-P
