Operating Permits Program Interim Approval Criteria

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[FRL-5090-2]

Operating Permits Program Interim Approval Criteria

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of comment period for proposal to revise interim

approval criteria for operating permits programs.

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SUMMARY: On August 29, 1994, EPA proposed in the Federal Register (59

FR 44572) revisions to the interim approval criteria within the

regulations in part 70 of chapter I of title 40 of the Code of Federal

Regulations. The comment period provided in that notice was 30 days and

closed on September 28, 1994. Today's action extends that comment

period an additional 30 days until October 28, 1994.

DATES: Comments on the regulatory changes to the interim approval

criteria proposed on August 29, 1994 must be received by October 28,

1994.

ADDRESSES: Comments must be mailed (in duplicate if possible) to: EPA

Air Docket (LE-131), Attn: Docket No. A-93-50, room M-1500, Waterside

Mall, 401 M Street SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Michael Trutna (telephone 919/541-

5345), mail drop 15, United States Environmental Protection Agency,

Office of Air Quality Planning and Standards, Air Quality Management

Division, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: Part 70 contains regulations requiring

States to develop, and submit to EPA for approval, programs for issuing

operating permits to major, and certain other, stationary sources of

air pollution. The minimum elements of operating permits programs are

contained in part 70 which was promulgated on July 21, 1992 (57 FR

32250). If a submitted program does not fully meet the requirements of

part 70, full approval of the program cannot be granted by EPA. If a

program, however, ``substantially meets'' the provisions of part 70,

the program can be granted interim approval giving the permitting

authority a period of time to revise its program and correct

deficiencies identified by EPA. Full approval could then be granted

before expiration of the interim approval and possible application of

sanctions. The criteria EPA will use in determining if a program can be

granted interim approval are listed in Sec. 70.4(d) of the part 70

regulations.

The August 29, 1994 proposal would change the interim approval

criteria in Sec. 70.4(d) with respect to the procedures for revising

operating permits to reflect changes that are subject to

preconstruction review under programs adopted by States pursuant to

section 110(a)(2)(C) of the Clean Air Act and approved by EPA into

their State Implementation Plans. Such changes are termed ``minor new

source review (NSR)'' changes. The EPA has solicited comment on whether

operating permit programs which provide for adopting minor NSR changes

into operating permits through the part 70 minor permit modification

process are consistent with the requirements of part 70. The part 70

regulations provide, among other things, that a change that is a

``modification under any provision of title I of the Act'' is not

eligible for the minor permit modification process. The Agency has

solicited comment on whether minor NSR changes are ``modifications

under any provision of title I.'' Under the proposed changes to the

interim approval criteria, EPA would be able to grant interim approval

to operating permits programs that do not treat minor NSR changes as

title I modifications, even if EPA determines that minor NSR changes

are title I modifications. By granting interim approval, EPA would be

providing permitting authorities up to 18 months (i.e., the program

corrections would be due to EPA at least 6 months prior to expiration

of the interim approval which could be granted for up to 2 years) to

correct these program provisions.

Several requests for an extension of the comment period on the

interim approval criteria notice were received soon after publication

of the proposal notice. Because of the significance of the issues

(e.g., the definition of title I modification), these commenters felt

the 30-day comment period provided was not long enough to prepare their

comments. In another Federal Register document also published on August

29 (59 FR 44460), EPA has proposed to add a definition of title I

modification to the part 70 regulations. That document provides a 90-

day comment period. However, EPA must resolve the issue of the proper

definition of title I modification in order to complete the interim

approval criteria rulemaking, since that issue bears on the decision to

change the criteria as proposed. The Agency is required to begin making

final decisions on the approvability of part 70 programs in the next

several months, so EPA must complete the interim approval criteria

rulemaking soon. In view of that timeframe, EPA is extending the

comment period on the interim approval criteria rulemaking by 30 days,

until October 28. Anyone wishing to submit comments on the definition

of title I modification should submit their comments on that issue by

October 28. The Agency will make its determination on the title I

modification definition based on comments received on the interim

approval criteria notice. Both of the August 29 proposals have the same

docket number (A-93-50).

Dated: October 4, 1994.

Robert D. Brenner,

Acting Assistant Administrator for Air and Radiation.

[FR Doc. 94-25228 Filed 10-13-94; 8:45 am]

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