[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Rules and Regulations]
[Pages 39877-39881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19420]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 55 and 71
[FRL-5545-1]
State and Local Jurisdictions Where a Federal Operating Permits
Program Is Effective on July 31, 1996
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of States and local jurisdictions subject to 40 CFR
parts 55 and 71.
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SUMMARY: On July 1, 1996, pursuant to title V of the Clean Air Act
(Act) as amended in 1990, EPA published a new regulation at 61 FR 34202
(codified as 40 CFR part 71) setting forth the procedures and terms
under which the Administrator will issue operating permits to covered
stationary sources. This rule, called the ``Part 71 rule,'' becomes
effective on July 31, 1996. In general, the primary responsibility for
issuing operating permits to sources rests with State, local, and
Tribal air agencies. However, EPA will administer a Federal operating
permits program in areas that lack an EPA-approved or adequately
administered operating permits program and in other limited situations.
The Federal operating permits program will serve as a ``safety net'' to
ensure that sources of air pollution are meeting their permitting
requirements under the Act. Federally-issued permits will meet the same
title V requirements as do state-issued permits. The purpose of this
document is to provide the names of those State and local jurisdictions
where a Federal operating permits program is effective on July 31,
1996.
FOR FURTHER INFORMATION CONTACT: Scott Voorhees at (919) 541-5348.
SUPPLEMENTARY INFORMATION:
I. Background, Authority and Purpose
Title V of the Act as amended in 1990 (42 U.S.C. 7661 et seq.)
directs States to develop, administer, and enforce operating permits
programs that comply with the requirements of title V (section
502(d)(l)). Section 502(b) of the Act requires that EPA promulgate
regulations setting forth provisions under which States develop
operating permits programs and submit them to EPA for approval.
Pursuant to this section, EPA promulgated 40 CFR part 70 on July 21,
1992 (57 FR 32250), which specifies the minimum elements of approvable
State operating permits programs.
Sections 502(d)(3) and 502(i)(4) of the Act require EPA to
promulgate a Federal operating permits program when a State does not
obtain approval of its program within the timeframe set by title V or
when a State fails to adequately administer and enforce an approved
program. The part 71 rule published on July 1, 1996 establishes a
national template for a Federal operating permits program that EPA will
administer and enforce in those situations. Part 71 also establishes
the procedures for issuing Federal permits to sources for which States
do not have jurisdiction (e.g., Outer Continental Shelf sources outside
of State jurisdictions and sources located in Indian Country over which
EPA or Indian Tribes have jurisdiction). In addition, part 71
establishes the procedures to be used when EPA must take action on a
permit that has been proposed or issued by an approved part 70
permitting authority but that EPA determines is not in compliance with
the applicable requirements of the Act. Finally, part 71 provides for
delegation of certain duties that may provide for a smoother program
transition when part 70 programs are approved.
This notice makes frequent use of the term ``State.'' This term
includes a State or a local air pollution control agency that would be
the permitting authority for a part 70 permit program. The term
``permitting authority'' can refer to State, local, or Tribal agencies
and may also apply to EPA, where the Agency is the permitting authority
of record.
II. Description of Action
The EPA is, by this notice, providing a list of State and local
jurisdictions where EPA will assume responsibility to issue permits,
effective as of July 31, 1996. Included are three U.S. territories
where EPA is assuming responsibility to issue permits to major sources
of hazardous air pollutants (HAP) and solid waste incinerators. The EPA
has received submittals from all 56 State and Territorial Agencies and
all 60 local programs. The EPA has already approved the majority of
operating permits programs, including 42 State
[[Page 39878]]
and 56 local programs. As a result, EPA expects that the impact of the
Federal operating permits rule will be minimal, affecting only a few
States that do not yet have approved programs in place. Moreover, EPA
expects that several of the States identified in this notice will have
their programs approved before significant resources would need to be
expended in implementing Federal programs in those States.
The EPA has worked closely with stakeholders, including
representatives from industry and environmental groups, and State and
local agencies, over the past 2 years to streamline and improve the
title V operating permits program. The EPA has proposed a series of
initiatives, including revisions to its part 70 operating permits rule
and two important guidance documents (``White Papers''), that EPA
expects will significantly streamline and simplify the process for
revising operating permits and other provisions of the program, and
reduce recordkeeping and reporting requirements.
The Federal operating permits rule also provides a mechanism for
improving air quality management in areas in Indian Country under the
jurisdiction of EPA or Indian Tribes, where tribal resources may be
unavailable to implement operating permits programs.
Section 71.5(b)(1) of part 71 provides that a timely application is
one that is submitted within 12 months or an earlier date after the
source becomes subject to the part 71 program. Because part 71 is
effective on July 31, 1996, sources are required to submit part 71
permit applications no later than July 31, 1997. Sources required to
submit applications earlier than 12 months will be notified in advance
by the permitting authority (whether it is EPA or a State in the case
of a delegated part 71 program) and given a reasonable time to submit
their applications. In no case will this notice be given less than 180
days in advance of the deadline for submittal of the application.
III. List of States and Local Jurisdictions
Connecticut--Connecticut submitted a complete program implementing
part 70 on September 28, 1995. The EPA's Region I is currently
reviewing the State's program and expects to propose approval of the
State's program in the near future. The reason for the delay in
proposing approval of Connecticut's title V program is due to the
State's innovative approach toward addressing some of the core areas of
a part 70 program. Until Connecticut's program receives EPA approval,
part 71 is effective in the State. Sources should continue to work with
the State in developing their title V applications. Although part 71
applications are due to be submitted to the permitting authority by
July 31, 1997 (and some may be due earlier if sources are informed of
such by EPA, or by Connecticut if EPA delegates administration of part
71 to the State), the part 71 application deadline will be superceded
by the State's part 70 application deadline if EPA finalizes approval
of Connecticut's part 70 program prior to the part 71 application
deadline. For further information on application due dates and details
about how to obtain and submit part 71 applications, contact Mr. Donald
Dahl, U.S. Environmental Protection Agency, Air Permits Unit, Mail
Code: CAP, J.F.K. Federal Building, Boston, MA 02203. Telephone: (617)
565-4298.
Maine--Maine submitted a complete program implementing part 70 on
October 23, 1995. The EPA's Region I is currently reviewing the State's
program and expects to propose approval in the near future. The reason
for the delay in proposing approval of Maine's title V program is due
to the State's implementing regulations which merge the part 70
program, new source review program, and an existing state licensing
program, together into one regulation. Until Maine's program receives
EPA approval, part 71 is effective in the State. If EPA is unable to
approve Maine's program within a reasonable time, EPA expects that the
part 71 Federal operating permits program will be delegated to Maine
for implementation. Once a delegation agreement is signed, a notice
announcing the delegation of a part 71 program to Maine will be
published in the Federal Register and widely-circulated newspapers in
the State of Maine. Under a delegation, the State will be able to use
its own application forms provided EPA finds that the State's
application form substantially meets the application information
requirements of part 71. Sources should continue to develop and submit
their completed applications to the Maine Department of Environmental
Protection.
Similarly, sources should continue to expect to pay permit fees to
Maine according to the State statute. Although part 71 applications are
due to be submitted to the permitting authority by July 31, 1997 (and
some may be due earlier if sources are informed of such by EPA, or by
Maine if EPA delegates administration of part 71 to the State), the
part 71 application deadline will be superceded by the State's part 70
application deadline if EPA finalizes approval of Maine's part 70
program prior to the part 71 application deadline. For further details
about how to obtain and submit Maine permit applications, contact Mr.
Marc Cone, Bureau of Air Quality Control, Maine Department of
Environmental Protection, 17 State House Station, Augusta, Maine,
04333-0017. Telephone: (207) 287-2437. For general information
regarding approval of Maine's part 70 program and the applicability and
implementation of part 71 in the State, contact Mr. Donald Dahl, U.S.
Environmental Protection Agency, Air Permits Unit, Mail Code: CAP,
J.F.K. Federal Building, Boston, MA 02203. Telephone: (617) 565-4298.
New Hampshire--New Hampshire submitted a complete program
implementing part 70 on October 26, 1995. The EPA's Region I is
currently reviewing the State's program and expects to propose approval
in the near future. The reason for the delay in proposing approval of
New Hampshire's part 70 program is due to determining the impact on the
State's part 70 program from the recently adopted State legislation
regarding audits. Until New Hampshire's program receives EPA approval,
part 71 is effective in the State. If EPA's Region I is unable to
approve New Hampshire's program within a reasonable time, EPA expects
that the part 71 Federal operating permits program will be delegated to
New Hampshire for implementation. Once a delegation agreement is
signed, a notice announcing the delegation of a part 71 program to New
Hampshire will be published in the Federal Register and widely-
circulated newspapers in the State of New Hampshire. Under a
delegation, the State will be able to use its own application forms
provided EPA finds that the State's application form substantially
meets the application information requirements of part 71. Sources
should continue to submit their applications to New Hampshire and
should continue to expect to pay permit fees according to the State
requirements. Although part 71 applications are due to be submitted to
the permitting authority by July 31, 1997 (and some may be due earlier
if sources are informed of such by EPA, or by New Hampshire if EPA
delegates administration of part 71 to the State), the part 71
application deadline will be superceded by the State's part 70
application deadline if EPA finalizes approval of New Hampshire's part
70 program prior to the part 71 application deadline. For further
information on New Hampshire permit applications, contact Mr.
[[Page 39879]]
Andrew Bodnarik, New Hampshire Air Resources Division, Department of
Environmental Services, 64 North Maine Street, Concord, New Hampshire
03302-2033. Telephone: (603) 271-1370. For general information
regarding approval of New Hampshire's part 70 program and the
applicability and implementation of part 71 in the State, contact Ms.
Ida Gagnon, U.S. Environmental Protection Agency, One Congress Street,
John F. Kennedy Federal Building, Boston, MA 02203-0001. Telephone:
(617) 565-3500.
Vermont--Vermont submitted a complete program implementing part 70
on April 28, 1995. The EPA's Region I proposed to grant interim
approval of Vermont's title V program on May 24, 1996 (See 61 FR 26145)
and expects to grant final interim approval of Vermont's program within
a reasonable time. However, until Vermont's program receives EPA
approval, part 71 is effective in the State. The part 71 Federal
operating permits program is expected to be delegated to Vermont for
implementation. Once a delegation agreement is signed, a notice
announcing the delegation of a part 71 program to Vermont will be
published in the Federal Register and widely-circulated newspapers in
the State of Vermont. Under a delegation, the State will be able to use
its own application forms provided EPA finds that the State's
application form substantially meets the application information
requirements of part 71. Sources should continue to submit their title
V applications to the State and continue to pay permit fees to Vermont
according to the State statute. Although part 71 applications are due
to be submitted to the permitting authority by July 31, 1997 (and some
may be due earlier if sources are informed of such by EPA, or by
Vermont if EPA delegates administration of part 71 to the State), the
part 71 application deadline will be superceded by the State's
application deadline if EPA finalizes approval of Vermont's part 70
program prior to the part 71 application deadline. For further
information on Vermont permit applications contact Mr. Brian
Fitzgerald, Air Pollution Control Division, Agency of Natural
Resources, Building 3 South, 103 South Main Street, Waterbury, VT
05676-1596. Telephone: (802) 241-3840. For general information
regarding approval of Vermont's part 70 program and the applicability
and implementation of part 71 in the State, contact Mr. Donald Dahl,
U.S. Environmental Protection Agency, Air Permits Unit, Mail Code: CAP,
J.F.K. Federal Building, Boston, MA 02203. Telephone: (617) 565-4298.
New York--New York submitted its complete part 70 permit program on
June 17, 1996 and the Attorney General's Opinion on June 27, 1996. The
EPA's Region II currently expects to propose approval of New York's
part 70 program submittal in July 1996 and grant a final approval in
October 1996. However, until New York's program receives EPA approval,
part 71 is effective in the State. If EPA's Region II is unable to
approve New York's program consistent with this time schedule, EPA
expects that the part 71 Federal operating permits program will be
delegated to New York for implementation. Once a delegation agreement
is signed, a notice announcing the delegation of a part 71 program to
New York will be published in the Federal Register and widely-
circulated newspapers around New York State. Sources will then utilize
New York's application form (using the two-phase application approach
developed by New York) and submit completed applications to the New
York State Department of Environmental Conservation. Similarly, sources
should continue to expect to pay permit fees to New York under the New
York State Clean Air Compliance Act signed into law by the Governor on
August 19, 1993. Although part 71 applications are due to be submitted
to the permitting authority by July 31, 1997 (and some may be due
earlier if sources are informed of such by EPA, or by New York if EPA
delegates administration of part 71 to the State), the part 71
application deadline will be superceded by the State's application
deadline if EPA finalizes approval of New York's part 70 program prior
to the part 71 application deadline. For further details about how to
obtain and submit New York permit applications, contact Mr. John
Higgins, New York State Department of Environmental Conservation, 50
Wolf Road, Albany, New York, 12233. Telephone: (518) 457-7688. For
general information regarding approval of New York's part 70 program
and the applicability and implementation of part 71 in the State,
contact Ms. Christine Fazio, U.S. Environmental Protection Agency, 290
Broadway, 25th Floor, New York, NY 10007-1866. Telephone: (212) 637-
4015.
Virginia--Virginia submitted its initial part 70 program to EPA on
November 12, 1993, which it later supplemented. In a Federal Register
notice published December 5, 1994 (59 Fed. Reg. 62324), EPA disapproved
this program due in part to the issue of standing to challenge final
permits in state court and several other issues. In early 1995 Virginia
submitted amendments to its original part 70 submittal which did not
address the standing issue, but which did address the other disapproval
issues. Virginia argued that its standing provisions were adequate and
that it had adequately addressed all other issues, and it asked EPA to
approve its amended submittal. In a Federal Register notice published
on September 19, 1995 (60 FR 48435), EPA again proposed to disapprove
Virginia's submittal, again because of the issue of standing, and also
because of certain additional new issues. Virginia has informed EPA
that it will revise its standing provisions to meet EPA's requirements
if the Federal Courts rule that Virginia's current standing provisions
are inadequate, and that it will be submitting additional amendments to
its part 70 program in an attempt to correct the program's other
deficiencies.
Until EPA approves a part 70 program for Virginia, part 71 is
effective in the State. Virginia has informed EPA that it will be
requesting that EPA delegate to it the authority to implement the
required part 71 program. Virginia's proposal will be that EPA adopt as
part 71 regulations for Virginia all those portions of Virginia's part
70 regulations that meet applicable requirements, and that EPA then
delegate to Virginia the authority to implement those regulations. The
EPA will consider this proposal and expects to grant it if EPA finds
that it is appropriate to adopt Virginia's regulation as a part 71
program for the State and that Virginia is eligible to receive such a
delegation. If EPA adopts Virginia's regulations as the part 71 program
for Virginia, it will do so through notice and comment rulemaking in
the Federal Register. Similarly, if EPA delegates the authority to
implement the part 71 program to Virginia, EPA will announce the
delegation in a Federal Register notice and in newspapers widely
circulated in Virginia. If EPA delegates to Virginia the authority to
implement a part 71 program, Virginia's sources would be required to
submit their permit applications to the Virginia Department of
Environmental Quality (VADEQ). In addition, sources would be required
to pay title V permit fees to Virginia. Sources would submit their
applications using forms supplied by the VADEQ, provided EPA finds
these forms substantially meet the application information requirements
of part 71. Sources are required to submit their part 71 applications
to the permitting
[[Page 39880]]
authority by July 31, 1997 (though sources may be required to submit
their applications earlier if they are informed of such by EPA, or by
Virginia if EPA delegates administration of part 71 to the State).
Sources should note that the part 71 application deadline will be
superseded by the State's part 70 application deadline if EPA finalizes
approval of Virginia's part 70 program prior to the part 71 application
deadline. Those wishing to obtain copies of the VADEQ's title V
application forms, to obtain information on application submittal
deadlines, and/or to obtain information on permit fees may contact Mr.
Robert Beasley, Virginia Department of Environmental Quality, P.O. Box
10009, Richmond, Virginia 23240-0009, telephone number (804) 698-4115.
For general information regarding approval of Virginia's part 70
program and the applicability and implementation of part 71 in the
State, contact Mr. Ray Chalmers, U.S. Environmental Protection Agency,
841 Chestnut Building, Philadelphia, PA 19107, telephone number (215)
566-2061.
Michigan--Michigan submitted a complete operating permits program
to EPA on July 20, 1995. The EPA proposed interim approval of
Michigan's part 70 program on June 24, 1996, and expects to finalize
the approval as soon as possible. Several programmatic and regulatory
issues have delayed EPA's rulemaking action on Michigan's program,
including issues related to the State's startup, shutdown, and
malfunction regulations, environmental audit privilege and immunity
law, and potential to emit exemptions. See 61 FR 32391-32398. However,
until Michigan's program receives EPA approval, part 71 is effective in
the State.
If EPA encounters significant delays in finalizing approval of
Michigan's part 70 program, EPA intends to work with the State to
delegate the part 71 program to Michigan. Such a delegation would
mitigate any transition issues, such as duplicate permit application
submittals and payment of fees, arising between the State permit
program and the Federal part 71 program. Although part 71 applications
are due to be submitted to the permitting authority by July 31, 1997
(and some may be due earlier if sources are informed of such by EPA, or
by Michigan if EPA delegates administration of part 71 to the State),
the part 71 application deadline will be superceded by the State's part
70 application deadline if EPA finalizes approval of Michigan's part 70
program prior to the part 71 application deadline. Any such delegation
to the State will be noticed in the Federal Register, along with
additional details regarding permit application and permit fee
requirements. For information regarding the status of Michigan's part
70 program approval, and the part 71 program in Michigan, contact Ms.
Beth Valenziano, EPA Region 5, 77 West Jackson Boulevard (AR-18J),
Chicago, IL 60604. Telephone: (312) 886-2703. E-mail:
valenziano.beth@epamail.epa.gov.
Territory of American Samoa--In response to a petition from the
governor of American Samoa, the EPA's Region IX expects to
conditionally exempt the requirement for a title V operating permits
program under section 325(a) of the Act for American Samoa. In
addition, EPA expects to grant a conditional exemption from the
requirement to apply for a Federal title V operating permit under part
71, except for major sources of HAP under 112 and solid waste
incinerators under section 129(e), by August, 1996. The EPA proposed
the conditional exemption on September 13, 1995 (60 FR 47515) in
response to a claim of economic hardship and pristine air quality on
the island. It contains the condition that American Samoa adopt and
implement an EPA approved alternate program to permit major stationary
sources and protect the National Ambient Air Quality Standards (NAAQS).
Applications for major sources of HAP and solid waste incinerators
under part 71 are due to be submitted to the permitting authority by
July 31, 1997. The EPA intends to use part 71 application forms for
major sources of HAP and solid waste incinerators. Permit fees will be
paid to the U.S. Treasury. For further information, contact Ms. Sara
Bartholomew at (415) 744-1250, Operating Permits Section (A-5-2), Air
and Toxics Division, U.S. EPA-Region IX, 75 Hawthorne Street, San
Francisco, California 94105.
Arizona (all Agencies)--The State of Arizona (all agencies)
submitted complete operating permits programs to EPA in November 1993.
The EPA's Region IX proposed interim approval of the part 70 program
submitted by the State of Arizona which comprises programs from the
Arizona Department of Environmental Quality, the Maricopa County
Environmental Services Department, the Pima County Department of
Environmental Quality, and the Pinal County Air Quality Control
District on July 13, 1995. See 60 FR 36083. The EPA has not yet taken
final action to approve the Arizona program because of outstanding
issues related to provisions for excess emissions during startups,
shutdowns, malfunctions, and scheduled maintenance. In addition, the
Arizona Attorney General's Office is to submit additional information
to resolve other issues identified in the proposal before EPA finalizes
approval of the program. The excess emissions issue has been resolved
sufficiently to move forward with final action and EPA expects to
receive an addendum to the Attorney General's statement shortly. The
EPA's Region IX therefore expects to finalize interim approval of the
Arizona part 70 program submittal by September, 1996. Until EPA acts to
approve Arizona's program, part 71 is effective in the State. Sources
should continue to work with the State and its local agencies in
developing their title V applications and pay permit fees to Arizona
according to State requirements. Although part 71 applications are due
to be submitted to the permitting authority by July 31, 1997 (and some
may be due earlier if sources are informed of such by EPA, or by
Arizona if EPA delegates administration of part 71 to the State), the
part 71 application deadline will be superceded by the State's part 70
application deadline if EPA finalizes approval of Arizona's part 70
program prior to the part 71 application deadline. For further
information regarding approval of Arizona's part 70 program and the
implementation of part 71 in the State, contact Ms. Regina Spindler at
(415) 744-1251, Operating Permits Section (A-5-2), Air and Toxics
Division, U.S. EPA-Region IX, 75 Hawthorne Street, San Francisco,
California 94105.
Commonwealth of the Northern Mariana Islands (CNMI)--In response to
a petition from the governor of CNMI, the EPA's Region IX expects to
conditionally exempt the requirement for a title V operating permits
program under section 325(a) of the Act for CNMI. In addition, EPA
expects to grant a conditional exemption from the requirement to apply
for a Federal title V operating permit under part 71, except for major
sources of HAP under 112 and solid waste incinerators under 129(e), by
August, 1996. The EPA proposed the conditional exemption on September
13, 1995 (60 FR 47515) in response to a claim of economic hardship and
pristine air quality on the islands. It contains the condition that
CNMI adopt and implement an EPA approved alternate program to permit
major stationary sources and protect the National Ambient Air Quality
Standards (NAAQS). Applications for major sources of HAP and solid
waste incinerators under part 71 are due to be submitted to the
permitting authority by
[[Page 39881]]
July 31, 1997. The EPA intends to use part 71 application forms for
major sources of HAP and solid waste incinerators. Permit fees will be
paid to the U.S. Treasury. For further information, contact Ms. Sara
Bartholomew at (415) 744-1250, Operating Permits Section (A-5-2), Air
and Toxics Division, U.S. EPA-Region IX, 75 Hawthorne Street, San
Francisco, California 94105.
Territory of Guam--In response to a petition from the governor of
Guam, the EPA's Region IX expects to conditionally exempt the
requirement for a title V operating permits program under section
325(a) of the Act for Guam. In addition, EPA expects to grant a
conditional exemption from the requirement to apply for a Federal title
V operating permit under part 71, except for major sources of HAP under
112 and solid waste incinerators under 129(e), by August, 1996. The EPA
proposed the conditional exemption on September 13, 1995 (60 FR 47515)
in response to a claim of economic hardship and pristine air quality on
the island. It contains the condition that Guam adopt and implement an
EPA approved alternate program to permit major stationary sources and
protect the National Ambient Air Quality Standards (NAAQS).
Applications for major sources of HAP and solid waste incinerators
under part 71 are due to be submitted to the permitting authority by
July 31, 1997, except for major perchloroethylene dry cleaning
facilities, which are due by April 1, 1997. The EPA intends to use part
71 application forms for major sources of HAP and solid waste
incinerators. Permit fees will be paid to the U.S. Treasury. For
further information, contact Ms. Sara Bartholomew at (415) 744-1250,
Operating Permits Section (A-5-2), Air and Toxics Division, U.S. EPA-
Region IX, 75 Hawthorne Street, San Francisco, California 94105.
South Coast Air Quality Management District--The South Coast Air
Quality Management District's (SCAQMD or District) part 70 regulation
was adopted by the District's Governing Board on August 11, 1995. The
EPA has not yet taken action on the South Coast program in part because
the District has not submitted acceptable permit application forms. The
EPA and the District have been working together to resolve issues
concerning the application forms and it appears approvable forms will
be submitted in the very near future. The EPA therefore expects to
propose interim approval of the District's part 70 program submittal in
August, 1996 and grant final interim approval as early as October, but
no later than December, 1996. However, until EPA approves the
District's program, part 71 is effective in the District. If EPA is
unable to approve the SCAQMD's program consistent with this time
schedule, EPA expects that part 71 will be delegated to the District.
Once a delegation agreement is signed, a notice announcing the
delegation of a part 71 program will be published in the Federal
Register and widely circulated newspapers around the District. Provided
acceptable forms are developed, sources will then utilize the SCAQMD's
application forms, otherwise, EPA intends to use the part 71
application form. Sources will then submit completed applications to
the SCAQMD. Similarly, sources should continue to pay permit fees to
the SCAQMD under the District's Regulation III--Permit Fees. Although
part 71 applications are due to be submitted to the permitting
authority by July 31, 1997 (and some may be due earlier if sources are
informed of such by EPA, or by SCAQMD if EPA delegates administration
of part 71 to the State), the part 71 application deadline will be
superceded by the State's part 70 application deadline if EPA finalizes
approval of SCAQMD's part 70 program prior to the part 71 application
deadline. For further information on application due dates and details
about how to pick up and submit applications, contact Ms. Pang Mueller,
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, California 91765-4182. Telephone: (909) 396-2433. For
general information regarding approval of South Coast's part 70 program
and the applicability and implementation of part 71 in the District,
contact Ms. Ginger Vagenas, U.S. Environmental Protection Agency, 75
Hawthorne Street, A-5-2, San Francisco, CA 94105. Telephone: (415) 744-
1252.
Alaska--The EPA received a complete permit program from Alaska on
June 5, 1995. The program has not yet been granted final approval
because the State requested that EPA delay action until permit program
revisions could be submitted to EPA. These revisions were formally
submitted to EPA on July 5, 1996 and EPA is currently reviewing them.
The Agency expects to propose interim program approval in August 1996,
with a final interim approval in September 1996. However, until
Alaska's program receives EPA approval, part 71 is effective in the
State. Although part 71 applications are due to the permitting
authority by July 31, 1997 (and some may be due earlier if sources are
informed of such by EPA, or by Alaska if EPA delegates administration
of part 71 to the State), the part 71 application deadline will be
superceded by the State's part 70 application deadline if EPA finalizes
approval of Alaska's part 70 program prior to the part 71 application
deadline. For further information on application due dates and details
on obtaining and submitting applications, contact Ms. Joan Cabreza,
U.S. Environmental Protection Agency, Office of Air Quality, OAQ-108,
1200 Sixth Avenue, Seattle, WA 98101. Telephone: (206) 553-8505.
Idaho--The EPA received a complete permit program from Idaho on
January 20, 1995. On October 27, 1995, the Agency proposed disapproval
of Idaho's program and, in the alternative, interim approval if Idaho
were to correct the proposed disapproval issues before EPA takes final
action on Idaho's submittal. See 60 FR 54990. The State has resubmitted
portions of its program in response to the proposed disapproval issues.
On June 17, 1996, the Agency published a supplemental notice
identifying additional audit and immunity provisions as interim
approval issues and also proposed approval of the State's air toxics
program under section 112(l) of the Act and delegation of the existing
National Emission Standards for Hazardous Air Pollutants. See 61 FR
30570. The Agency expects to take final action on the Idaho program as
soon as possible after the end of the 30 day public comment period on
the supplemental proposal. However, until Idaho's program receives
approval, part 71 is effective in the State. Sources should continue to
work directly with the State in submitting applications and paying fees
according to State requirements. Although part 71 applications are due
to the permitting authority by July 31, 1997 (and some may be due
earlier if sources are informed of such by EPA, or by Idaho if EPA
delegates administration of part 71 to the State), the part 71
application deadline will be superceded by the State's part 70
application deadline if EPA finalizes approval of Idaho's part 70
program prior to the part 71 application deadline. For further
information, contact Ms. Joan Cabreza, U.S. Environmental Protection
Agency, Office of Air Quality, OAQ-108, 1200 Sixth Avenue, Seattle, WA
98101. Telephone: (206) 553-8505.
Dated: July 29, 1996.
Richard Wilson,
Acting Assistant Administrator.
[FR Doc. 96-19420 Filed 7-30-96; 8:45 am]
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