96-13151. Clean Air Act Interim Approval of Operating Permits Program; Delegation of Section 112 Standards; State of Vermont  

  • [Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
    [Proposed Rules]
    [Pages 26145-26149]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-13151]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 70
    
    [AD-FL-5510-2]
    
    
    Clean Air Act Interim Approval of Operating Permits Program; 
    Delegation of Section 112 Standards; State of Vermont
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Proposed rule.
    
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    SUMMARY: The EPA proposes interim approval of the Operating Permits 
    Program submitted by Vermont for the purpose of complying with Federal 
    requirements for an approvable State program to issue operating permits 
    to all major stationary sources, and to certain other sources. EPA is 
    also approving Vermont's authority to implement hazardous air pollutant 
    requirements.
    
    DATES: Comments on this proposed action must be received in writing by 
    June 24, 1996.
    
    ADDRESSES: Comments should be addressed to Donald Dahl, Air Permits, 
    CAP, U.S. Environmental Protection Agency, Region I, JFK Federal 
    Building, Boston, MA 02203-2211. Copies of the State's submittal and 
    other supporting information used in developing the proposed interim 
    approval are available for inspection during normal business hours at 
    the following location: U.S. Environmental Protection Agency, Region 1, 
    One Congress Street, 11th floor, Boston, MA 02203-2211.
    
    FOR FURTHER INFORMATION CONTACT: Donald Dahl, CAP, U.S. Environmental 
    Protection Agency, Region 1, JFK Federal Building, Boston, MA 02203-
    2211, (617) 565-4298.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background and Purpose
    
    A. Introduction
    
        As required under title V of the 1990 Clean Air Act Amendments 
    (sections 501-507 of the Clean Air Act (``the Act'')), EPA has 
    promulgated rules which define the minimum elements of an approvable 
    State operating permits program and the corresponding standards and 
    procedures by which the EPA will approve, oversee, and withdraw 
    approval of State operating permits programs (see 57 FR 32250 (July 21, 
    1992)). These rules are codified at 40 Code of Federal Regulations 
    (CFR) Part 70. Title V requires States to develop, and submit to EPA, 
    programs for issuing these operating permits to all major stationary 
    sources and to certain other sources.
        The Act requires that States develop and submit these programs to 
    EPA by November 15, 1993, and that EPA act to approve or disapprove 
    each program within 1 year after receiving the submittal. 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 2 
    years after the November 15, 1993 date, or by the end of an interim 
    program, it must establish and implement a Federal program.
    
    B. Federal Oversight and Sanctions
    
        If EPA were to finalize this proposed interim approval, it would 
    extend for two years following the effective date of final interim 
    approval, and could not be renewed. During the interim approval period, 
    the State of Vermont would be protected from sanctions, and EPA would 
    not be obligated to promulgate, administer and enforce a Federal 
    permits program for the State of Vermont. Permits issued 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 1.
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        \1\ Note that states may require applications to be submitted 
    earlier than required under section 503(c). See Subchapter X, 
    Section 5-1005 of Vermont's rules.
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        Following final interim approval, if the State of Vermont failed to 
    submit a complete corrective program for full approval by the date 6 
    months before expiration of the interim approval, EPA would start an 
    18-month clock for mandatory sanctions. If the State of Vermont then 
    failed to submit a corrective program that EPA found complete before 
    the expiration of that 18-month period, EPA would apply sanctions as 
    required by section 502(d)(2) of the Act, which would remain in effect 
    until EPA determined that the State of Vermont had corrected the 
    deficiency by submitting a complete corrective program. If, six months 
    after application of the first sanction, the State of Vermont still has 
    not submitted a corrective program that EPA finds complete, a second 
    sanction will be required.
        If, following final interim approval, EPA were to disapprove the 
    State of Vermont's complete corrective program, EPA would be required 
    under section 502(d)(2) to apply sanctions on the date 18 months after 
    the effective date of the disapproval, unless prior to that date the 
    State of Vermont had submitted a revised program and EPA had determined 
    that it corrected the deficiencies that prompted the disapproval. If, 
    six months after EPA applies the first sanction, the State of Vermont 
    has not submitted a revised program that EPA has determined corrected 
    the deficiencies that prompted disapproval, a second sanction will be 
    required.
        Moreover, if EPA has not granted full approval to the State of 
    Vermont's program by the expiration of an interim approval and that 
    expiration occurs after November 15, 1995, EPA must promulgate, 
    administer and enforce a Federal permits program for the State of 
    Vermont upon interim approval expiration.
    
    II. Proposed Action and Implications
    
    A. Analysis of State Submission
    
        The analysis contained in this document focuses on specific 
    elements of Vermont's title V operating permits program that must be 
    corrected to meet the minimum requirements of 40 CFR part 70. The full 
    program submittal, technical support document (TSD), dated April 19, 
    1996 entitled ``Technical Support Document--Vermont Operating Permits 
    Program'', which contains a detailed analysis of the submittal, and 
    other relevant materials are available for inspection as part of the 
    public docket. The docket may be viewed during regular business hours 
    at the address listed above.
    1. Title V Program Support Materials
        Vermont's title V program was submitted by the State on April 28, 
    1995 (PROGRAM). The submittal was found to be administratively complete 
    on June 12, 1995. The PROGRAM consisted of a Governor's letter, program 
    description, Attorney General's legal opinion, permitting regulations 
    and enabling legislation, and permitting program documentation. 
    Included with the PROGRAM submittal was a draft implementation 
    agreement which will be finalized by EPA and Vermont. The
    
    [[Page 26146]]
    
    agreement outlines procedures for EPA oversight, the state's 
    administration of the PROGRAM, and state commitments for implementing 
    future air toxic regulations. On March 6, 1996, Vermont submitted a 
    supplement to their PROGRAM, which included a revised Attorney General 
    Opinion, a revised permit form, and a letter of intention for 
    delegation of standards under sections 111 and 112 of the Clean Air 
    Act.
    2. Title V Operating Permit Regulations and Implementation
        Vermont's regulations implementing Part 70 include Environmental 
    Protection Regulations, Air Pollution Control Chapter V, Definitions 
    (Sec. 5-101) and Subchapter X (Secs. 5-1001-1016, Operating Permits). 
    The Vermont PROGRAM, including the operating permit regulations, 
    substantially meets the requirements of 40 CFR part 70, including 
    Secs. 70.2 and 70.3 with respect to applicability, Secs. 70.4, 70.5 and 
    70.6 with the respect to permit content and operational flexibility, 
    Secs. 70.7 and 70.8 with respect to public participation and review by 
    affected states and EPA, and Sec. 70.11 with respect to requirements 
    for enforcement authority. Although the regulations substantially meet 
    Part 70 requirements, there are program deficiencies that are outlined 
    in section II.B. below as Interim Approval issues. Those Interim 
    Approval issues are more fully discussed in the TSD. The ``Issues'' 
    section of the TSD also contains a detailed discussion of elements of 
    Part 70 that are not explicitly contained in Vermont's regulation, but 
    which are satisfied by other elements of Vermont's program submittal 
    and/or other Vermont State law. Also discussed in the TSD are certain 
    elements of Vermont's title V regulation that are in need of a legal 
    interpretation and which EPA is interpreting to be consistent with Part 
    70 with the understanding that Vermont shares such interpretation. 
    Those elements include: (1) the absence of the language ``[a]ny 
    national ambient air quality standard or increment or visibility 
    requirement under Part C of title I of the Act, but only as it would 
    apply to temporary sources permitted pursuant to section 504(e) of the 
    Act'' in Vermont's definition of ``applicable requirement''; (2) 
    Section 5-1014 of Vermont's rule relating to ``off-permit'' changes; 
    (3) Vermont's treatment of ``insignificant activities'' under Sections 
    5-1002 and 5-1006; (4) Vermont's authority to make applicability 
    determinations in Section 5-1003; (5) Vermont's treatment of the 
    stringency of compliance schedules contained in permits as required by 
    40 CFR 70.5(8)(iii)(C); (6) Vermont's treatment of certain permit 
    content elements required by 40 CFR 70.6; (7) Vermont's method for 
    providing adequate, streamlined, and reasonable procedures for 
    expeditiously processing permit modifications; and (8) Vermont's 
    requirements for the time frames and detailed contents of compliance 
    certifications. EPA understands that Vermont will implement its program 
    consistent with these interpretations, and will base this interim 
    approval on these interpretations unless Vermont comments to the 
    contrary.
        Variances. Vermont's Air Quality Variance Board has the authority 
    to issue a variance from requirements imposed by State law. See 10 
    V.S.A. Sec. 561. The EPA regards Vermont's variance provisions as 
    wholly external to the program submitted for approval under Part 70 and 
    consequently is proposing to take no action on these provisions of 
    State law. The EPA has no authority to approve provisions of State law 
    that are inconsistent with the Act. The EPA does not 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 procedures allowed by Part 70. A Part 70 
    permit may be issued or revised (consistent with Part 70 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 revision 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.''
    3. Permit Fee Demonstration
        Section 502(B)(3) of the Act requires that each permitting 
    authority collect fees sufficient to cover all reasonable direct and 
    indirect costs required to develop and administer its title V operating 
    permit program. Each title V program submittal must contain either a 
    detailed demonstration of fee adequacy or a demonstration that the fees 
    collected exceed $25 per ton of actual emissions per year, adjusted 
    from the August, 1989 consumer price index (``CPI''). The $25 per ton 
    was presumed by Congress to cover all reasonable direct and indirect 
    costs to an operating permit program. This minimum amount is referred 
    to as the ``presumptive minimum.''
        Vermont has opted to make a presumptive fee demonstration. Vermont 
    has demonstrated that actual emissions emitted from their title V 
    sources was 5079 tons, excluding carbon monoxide. Vermont's permit fee 
    legislation requires that each title V source pay an annual fee based 
    on $800 per facility and $30 per ton. Therefore Vermont will collect 
    $219,375. Using Vermont's application and emission fees, the State will 
    collect $43.19 per ton annually which is above the presumptive minimum 
    adjusted by the CPI.
        Therefore, Vermont has demonstrated that the State will collect 
    sufficient permit fees to meet EPA's presumptive minimum criteria. For 
    more information, see section VII of Vermont's title V program 
    documentation.
    4. Provisions Implementing the Requirements of Other Titles of the Act
    a. Authority and/or Commitments for Section 112 Implementation
        Vermont has demonstrated in its title V program submittal adequate 
    legal authority to implement and enforce all section 112 requirements 
    through the title V permit. This legal authority is contained in 
    Vermont's enabling legislation, regulatory provisions defining 
    ``applicable requirements,'' and the requirement that a title V permit 
    must incorporate all applicable requirements. EPA has determined that 
    this legal authority is sufficient to allow Vermont to issue permits 
    that assure compliance with all section 112 requirements and to carry 
    out all section 112 activities. In addition, given Vermont's 
    commitments regarding implementation of the State's title V program, 
    EPA has determined that the State will issue permits that assure 
    compliance with all section 112 requirements, and will carry out all 
    section 112 activities. For further discussion of this subject, please 
    refer to the Technical Support Document, referenced above, and the 
    April 13, 1993 guidance memorandum titled ``Title V Program Approval 
    Criteria for Section 112 Activities,'' signed by John Seitz, Director 
    of the Office of Air Quality Planning and Standards.
    b. Implementation of 112(g) Upon Program Approval
        On February 14, 1995, EPA published an interpretive notice (see 60 
    FR 8333) that postpones the effective date of section 112(g) until 
    after EPA has promulgated a rule addressing the
    
    [[Page 26147]]
    
    requirements of that provision. The section 112(g) interpretive notice 
    explains that EPA is still 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 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 the effective date of section 
    112(g), Vermont must be able to implement section 112(g) during the 
    period between promulgation of the Federal section 112(g) rule and 
    adoption of implementing State regulations for section 112(g) 
    requirements. EPA believes that Vermont can utilize its preconstruction 
    permitting program to serve as a procedural vehicle for implementing 
    the section 112(g) rule and making these requirements Federally 
    enforceable between promulgation of the Federal section 112(g) rule and 
    adoption of implementing State regulations for section 112(g). For this 
    reason, EPA is proposing to approve Vermont's preconstruction 
    permitting program found in 10 V.S.A. Sec. 5-501 under the authority of 
    title V and Part 70 solely for the purpose of implementing section 
    112(g) during the transition period between title V approval and 
    adoption of a State rule implementing EPA's section 112(g) regulations.
        Since the approval would be for the single purpose of providing a 
    mechanism to implement section 112(g) during the transition period, the 
    approval would 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. Also, since the approval 
    would be for the limited purpose of allowing the State sufficient time 
    to adopt regulations, EPA proposes to limit the duration of the 
    approval to 18 months following promulgation by EPA of its section 
    112(g) rule.
    c. Program for Straight Delegation of Sections 111 and 112 Standards
        The part 70 requirements for approval of a State operating permit 
    program, specified in 40 CFR 70.4(b), encompass section 112(l)(5) 
    requirements for approval of a program for delegation of the hazardous 
    air pollutant program General Provisions, Subpart A, of 40 CFR parts 61 
    and 63, promulgated under section 112 of the Act, and MACT standards as 
    promulgated by EPA as they apply to part 70 sources. Section 112(l)(5) 
    requires that a State's program contain adequate legal authorities, 
    adequate resources for implementation, and an expeditious compliance 
    schedule, which are also requirements under Part 70. The Vermont 
    Department of Environmental Conservation provided a supplemental 
    request on March 6, 1996, for non-part 70 sources which contained 
    information regarding adequate legal authorities, adequate resources 
    for implementation, and an expeditious compliance schedule. Therefore, 
    EPA is also proposing to grant approval under section 112(l)(5) and 40 
    CFR 63.91 of Vermont's mechanism for receiving delegation of section 
    112 standards for both major and area sources, that are unchanged from 
    the Federal standards as promulgated (straight delegation) and section 
    112 infrastructure programs such as those programs authorized under 
    sections 112(i)(5), 112(g), 112(j), and 112(r). In addition, EPA is 
    reconfirming the delegation of 40 CFR part 60 standards currently 
    delegated to Vermont as indicated in Table I. Please note EPA has 
    withdrawn delegation of Subpart XX, ``Bulk Gas Terminals'' per 
    Vermont's request. Vermont requested the withdrawal because there 
    currently are no Subpart XX sources in the State.
        EPA is proposing to delegate all applicable future 40 CFR parts 60, 
    61, and 63 standards pursuant to the following mechanism unless 
    otherwise requested by Vermont.2 Vermont will accept future 
    delegation of standards by checking the appropriate boxes on a 
    standardized checklist. The EPA Regional Office will forward a 
    checklist listing the applicable regulations to Vermont, and Vermont 
    will accept the Federal standard as promulgated by checking the 
    appropriate box and returning it to EPA. The details of this delegation 
    mechanism are set forth in the March 6, 1996 letter containing a 
    Memorandum of Agreement between EPA and Vermont. This program will 
    apply to both existing and future standards. The original delegation 
    agreement between EPA and Vermont was set forth in a letter to Brendan 
    J. Whittaker dated September 30, 1982. In addition, Vermont has 
    indicated that for some section 112 standards it may choose to submit a 
    more stringent State rule or program through section 112(l). EPA will 
    need to take public notice and comment for any section 112 delegation 
    other than straight delegation.
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        \2\  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 source'' 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. The 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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        Vermont is implementing this delegation by issuing permits to both 
    major and area/minor sources. Permits issued to area/minor sources are 
    not title V permits and therefore may not be federally enforceable.
    d. Implementation of Title IV of the Act
        Vermont has stated in Section 5-1008(g) of Subchapter X that the 
    ``Secretary shall implement the requirements and provisions of Title IV 
    of the federal Clean Air Act.''
    
    B. Proposed Action
    
        The scope of Vermont's Part 70 program covers all Part 70 sources 
    within the state of Vermont, except any 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 Act 
    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).
        Requirements for approval, specified in 40 CFR 70.4(b), encompass 
    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 and non-part 70 sources. As discussed above, Vermont's 
    submittal meets the requirements for EPA approval of delegation of 
    section 112 standards. Therefore, the EPA is also proposing to grant 
    approval under section 112(l)(5) and 40 CFR 63.91 of the State's 
    mechanism for receiving delegation of section 112 standards that are 
    unchanged from Federal standards as promulgated. Vermont will be 
    issuing permits containing section 112 standards to both major and 
    area/minor sources; therefore, EPA is delegating authority to implement 
    these standards for all sources subject to the standards, not just for 
    part 70 sources.
        The EPA is proposing to grant interim approval to the operating 
    permits program submitted by Vermont on April 28, 1995. If promulgated, 
    the State must make the following changes to receive full approval:
    
    [[Page 26148]]
    
        1. Vermont does not allow for ``section 502(b)(10)'' changes at a 
    title V source. In an August 29, 1994 (59 FR 44572) rulemaking 
    proposal, EPA proposed to eliminate section 502(b)(10) changes as a 
    mechanism for implementing operational flexibility. However, the Agency 
    solicited comment on the rationale for this proposed elimination. If 
    EPA should conclude, during a final rulemaking, that section 502(b)(10) 
    changes are no longer required as a mechanism for operational 
    flexibility, then Vermont will not be required to address 502(b)(10) 
    changes in its rule.
        2. In Sections 5-1014 and 5-1015(a)(11), the program regulation 
    implementing operational flexibility requirements allows the State the 
    discretion to incorporate emission trades into a permit, and does not 
    require that the emissions involved in such trades be quantifiable. 
    EPA's rule states that when a permitting authority agrees to establish 
    an emissions cap in a title V permit independent of otherwise 
    applicable requirements, the permitting authority must include emission 
    trading provisions for complying with that cap requested by the permit 
    applicant, as long as those provisions are quantifiable and include the 
    compliance requirements of 40 CFR 70.6 (a) and (c). EPA's rule also 
    requires that the emissions involved in such trades be quantifiable 
    before a title V permit can provide for the trades. See 
    Sec. 70.4(b)(12)(iii). However, if a source requests an emission trade 
    that could violate an underlying state requirement, the State has the 
    discretion to limit any emission trading consistent with the state 
    requirement when issuing the operating permit.
        Vermont must therefore adopt regulatory language requiring the 
    State to include, upon request by a source, emission trading provisions 
    in a title V permit for the purpose of complying with an emissions cap 
    established in the permit, provided that the emissions involved in such 
    trades are quantifiable. Vermont retains the option to include language 
    in its regulation that would require all such trades to be consistent 
    with state requirements as well as applicable requirements.
        3. In Section 5-1008(e)(1), the program regulation states that 
    Vermont has the discretion to reopen and reissue a title V permit for 
    cause. In Section 5-1008(e)(4) (i)-(vi), the program regulation 
    enumerates the conditions which would potentially cause Vermont to 
    reopen a permit. EPA's rule requires a permitting authority to reopen 
    and reissue a permit when certain conditions exist (or ``for cause'' as 
    defined by the regulation). See 40 CFR 70.7(f). Thus, Vermont must 
    change the word ``may'' to ``shall'' in Section 5-1008(e)(1). Vermont 
    must also include a provision in its rule requiring the State to reopen 
    and reissue a permit (with a remaining term of 3 or more years) within 
    18 months of a source's becoming subject to an additional applicable 
    requirement. See Sec. 70.7(f)(1)(i).
        4. Vermont must adopt provisions in Subchapter X which would 
    require that every permit contain certain terms and conditions as 
    specified in section 70.6. Vermont's current permit content section, 
    found at Section 5-1015 of Subchapter X, does not contain all of the 
    terms and conditions in Sec. 70.6. Section 5-1015 of the program rule 
    requires permit terms which generally address applicable requirements, 
    emission monitoring and reporting, and compliance plans. Vermont will 
    need to add the following missing requirements of section 70.6: (a) a 
    source's obligation to report promptly any permit deviations (section 
    70.6(a)(3)(iii)(B)); (b) a source's obligation to maintain a record 
    when switching between operating scenarios (section 70.6(a)(9)(i)); (c) 
    the State's obligation to separate in a title V permit those permit 
    terms which are enforceable by the State only (and to specifically 
    designate them as such) from those which are enforceable by both the 
    State and EPA (sections 70.6(b) (1) and (2)); and (d) the State's 
    obligation to indicate in a title V permit the origin and authority of 
    all permit terms and conditions, and identify any difference in form as 
    compared to the applicable requirement upon which a permit term or 
    condition is based (section 70.6(a)(1)(i)).
        There are several ways Vermont could revise its rule to address the 
    separation of federal and state requirements. One option suggested by 
    EPA's recent ``White Paper Number 2,'' dated March 5, 1996, is to 
    clarify which state requirements are not federally-enforceable in the 
    Findings of Fact section of the draft permit. This separation would 
    identify for all concerned parties the federal applicable requirements 
    and the requirements based solely on State law. If Vermont proposed to 
    consolidate the State and federal requirements in the permit terms and 
    conditions, Vermont would then have to use the most stringent limit as 
    the permit condition in the draft permit. If an applicant objected 
    during the public comment period to the consolidation of federal and 
    State requirements, Vermont would have to separate the permit 
    conditions within the enforceable terms and conditions section of the 
    final permit. Vermont's regulation must clearly provide the permit 
    applicant the authority to require the State to separate out State-only 
    permit terms and conditions.
    
    III. Administrative Requirements
    
    A. Request for Public Comments
    
        The EPA is requesting comments on all aspects of this proposed 
    interim approval. Copies of the State's submittal and other information 
    relied upon for the proposed interim approval are contained in a docket 
    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 administrative record in the event of judicial 
    review. The EPA will consider any comments received by June 24, 1996.
    
    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
    
        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 action promulgated today does not 
    include a Federal mandate that may result in
    
    [[Page 26149]]
    
    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 preexisting 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: May 6, 1996.
    John P. DeVillars,
    Regional Administrator, Region I.
    
    Table I to the Preamble
    
    Reconfirmation of Part 60 and 61 Delegations
    
    Part 60  Subpart Categories
    
    Da  ELECTRIC UTILITY STEAM GENERATORS
    Dc  SMALL INDUSTRIAL-COMMERCIAL-INSTITUTIONAL STEAM GENERATING UNITS
    E  INCINERATORS
    I  ASPHALT CONCRETE PLANTS
    RR  TAPE AND LABEL SURFACE COATINGS
    OOO  NONMETALLIC MINERAL PROCESSING PLANTS
    UUU  CALCINERS AND DRYERS IN MINERALS INDUSTRY
    
    Part 61  Subpart Categories
    
    M  ASBESTOS
    
    [FR Doc. 96-13151 Filed 5-23-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Published:
05/24/1996
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
96-13151
Dates:
Comments on this proposed action must be received in writing by June 24, 1996.
Pages:
26145-26149 (5 pages)
Docket Numbers:
AD-FL-5510-2
PDF File:
96-13151.pdf
CFR: (1)
40 CFR 70.4(b)(12)(iii)