Clean Air Act Proposed Interim Approval of Operating Permits Program; Indiana

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[IN001; FRL-5209-6]

Clean Air Act Proposed Interim Approval of Operating Permits

Program; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed interim approval.

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SUMMARY: The EPA proposes interim approval of the operating permits

program submitted by Indiana for the purpose of complying with Federal

requirements which mandate that States 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

June 21, 1995. Comments should be addressed to the contact indicated

below.

ADDRESSES: 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: EPA Region 5, 77 West Jackson Boulevard, AR-18J, Chicago,

Illinois 60604. Please [[Page 27065]] contact Sam Portanova at (312)

886-3189 to arrange a time if inspection of the submittal is desired.

FOR FURTHER INFORMATION CONTACT: Sam Portanova, AR-18J, 77 West Jackson

Boulevard, Chicago, Illinois 60604, (312) 886-3189.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

As required under Title V of the Clean Air Act (``the Act'') as

amended (1990), EPA has promulgated regulations 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 regulations 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. 40 CFR

70.4(e)(2), however, allows the Administrator to extend the review

period of a State's submittal if the State's submission is materially

altered during the 1-year review period. This additional review period

may not extend beyond 1 year following receipt of the revised

submission.

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.

II. Proposed Action and Implications

A. Analysis of State Submission

The EPA is proposing to grant interim approval to the operating

permits program submitted by Indiana on August 10, 1994. Indiana's

program substantially meets the requirements of part 70; however,

certain issues must be addressed in the State's submittal before EPA

can grant full approval. This notice will outline the corrections

necessary for full approval.

For more detailed information on the analysis of the State's

submission, please refer to the part 70 Operating Permits Program

Review Checklist and technical support document (TSD) included with the

docket of this interim approval.

1. Support Materials

An August 5, 1994, letter from Kathy Prosser, Commissioner of the

Indiana Department of Environmental Management (IDEM), to Valdas V.

Adamkus, Regional Administrator of EPA Region 5, accompanying the

State's submittal, names the IDEM as the state agency responsible for

the administration of Indiana's Title V operating permit program

throughout the entire state.

The Indiana Title V submittal contains all the elements required by

40 CFR 70.4(b). Also included in the State's submittal is a narrative

description of the State's program summarizing how the State will meet

the requirements of part 70 and a legal opinion from Pamela Carter,

Attorney General of the State of Indiana, certifying that the legal

authority exists for the State to administer and enforce the Title V

program.

The State's Title V program regulations are found in the Indiana

Administrative Code (IAC) under 326 IAC 2-7. Although the Indiana Title

V submittal contains regulations other than 326 IAC 2-7, this notice is

only taking action on 326 IAC 2-7. Supporting legislative authority is

found in the Indiana Code (IC) under IC 4-21, IC 5-14, IC 13-1, IC 13-

6, and IC 13-7.

2. Regulations and Program Implementation

a. Applicability

The Indiana program meets the requirements of 40 CFR 70.2 and 70.3

for applicability in 326 IAC 2-7-2. Please refer to the TSD, included

with the docket of this interim approval, for more information

regarding the language in 326 IAC 2-7-2.

b. Permit Applications

The Indiana program, in 326 IAC 2-7-4, substantially meets the

requirements of 40 CFR 70.5 for permit applications. The Indiana

program submittal also includes complete permit application forms.

A deficiency in the State's permit application requirements exists,

however, concerning insignificant activities, which are defined in 326

IAC 2-7-1(20). The following are the insignificant activity threshold

levels for the Indiana program:

5 pounds per hour (lb/hr) or 25 pounds per day (lb/day) of

particulate matter (PM);

10 lb/hr or 50 lb/day of sulfur dioxide (SO2);

5 lb/hr or 25 lb/day of nitrogen oxides (NOX);

3 lb/hr or 15 lb/day of volatile organic compounds (VOC);

25 lb/day of carbon monoxide (CO);

0.6 tons per year (tpy) or 3.29 lb/day of lead or lead compounds

measured as elemental lead.

A source must meet both emission levels (i.e., lb/hr and lb/day) to

qualify for the exemption. These levels equal a maximum potential of

2.74 tpy of VOC, 4.56 tpy of CO, NOX, and PM, and 9.13 tpy of

SO2. In addition, 326 IAC 2-1-1(b)(1)(H) exempts modifications to

major sources of hazardous air pollutants (HAP) which will increase

allowable emissions by less than 4 tpy for one HAP or 10 tpy of any

combination of HAPs from the Title V program.

EPA is granting full approval to the VOC, CO, NOX, and PM

insignificant activity levels. EPA is granting interim approval to the

SO2 and HAP insignificant activity levels. If EPA's concerns for

the SO2 and HAP levels are addressed in the State's final

regulations before final action on this notice, then EPA can fully

approve Indiana's SO2 and HAP insignificant activities.

Alternatively, if the State does not address EPA's concerns before

final action on this notice, then EPA's final action will include an

interim approval on this issue. The rationale for the interim approval

status is provided in the TSD included with the docket of this interim

approval.

c. Permit Issuance, Renewal, Reopenings and Revisions

The Indiana program meets the requirements of 40 CFR 70.7 and 70.8

for permit issuance, renewal, reopenings, and public participation and

the requirements of 40 CFR 70.4(b)(12) for operational flexibility.

Please refer to the TSD, included with the docket of this interim

approval, for more information regarding the language in 326 IAC 2-7-11

for administrative permit amendments.

An interim approval issue exists, however, with respect to the

State's threshold levels for group processing of permits. The Indiana

program's threshold level for minor permit modification (MPM) group

processing eligibility is not as stringent as the part 70 threshold

level. According to 326 IAC 2-7-12(c)(1)(B), Indiana's thresholds are:

PM = 5 lb/hr or 25 lb/day (4.56 tpy)

SO2 = 10 lb/hr or 50 lb/day (9.13 tpy)

NOX = 5 lb/hr or 25 lb/day (4.56 tpy)

VOC = 3 lb/hr or 15 lb/day (2.74 tpy) [[Page 27066]]

CO = 25 lb/hr or 125 lb/day (22.81 tpy)

Lead = 0.6 tpy

HAP = 4 tpy of one HAP/10 tpy of any combination of HAPs

40 CFR 70.7(e)(3)(i) states that the threshold for allowing group

processing of permit modifications are modifications that collectively

emit: 10 percent of the emissions allowed by the permit for the unit

for which the change is requested; or 20 percent of the applicable

definition of major source; or 5 tons per year; whichever is least. EPA

is proposing interim approval for the Indiana threshold levels. To

obtain full approval, Indiana must establish a group processing

threshold consistent with 40 CFR 70.7(e)(3)(i) or demonstrate that an

alternative threshold would alleviate severe administrative burden and

would result in trivial environmental impact. If EPA's concerns are

addressed by a change in the State's final regulations or by a State

demonstration before final action on this notice, then EPA can fully

approve the State's group processing threshold levels. Alternatively,

if the State does not address EPA's concerns before final action on

this notice, then EPA's final action will include an interim approval

on this issue.

d. Permit Content

Another major component of Indiana's program concerns the contents

of a Title V permit. The program substantially meets the requirements

of 40 CFR 70.6. A Title V permit will incorporate applicable

requirements of existing State Implementation Plans (SIP), as well as

any future applicable requirements promulgated by EPA. Authority exists

in 326 IAC 2-7-13 to develop general permits covering numerous similar

sources, except for sources subject to the Acid Rain Program. These

general permits are targeted for future development.

326 IAC 2-7-5(1)(F) states that emission limitations applicable to

start-up, shutdown and emergency bypasses shall be addressed on a case-

by-case basis in the permit. Sources that request these limitations

must do so in their Title V permit application. In response to EPA's

concern that such a provision could be interpreted to enable the State

to issue a permit which would violate a SIP requirement, Indiana has

provided assurance that it will issue only those permits that comply

with all applicable requirements of the Indiana SIP. See letter of

April 28, 1995, from Kathy Prosser, Commissioner of the Indiana

Department of Environmental Management, to Valdas Adamkus, Regional

Administrator, EPA, Region 5.

Another component of permit content is the length of time in which

a source must notify the permitting authority to report a deviation

from a permit condition. Part 70 of the operating permits regulations

requires prompt reporting of deviations from the permit requirements.

40 CFR 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 the term

in each individual permit. Prompt reporting, however, must be more

frequent than the semiannual reporting requirement, given this is a

distinct reporting obligation under 40 CFR 70.6(a)(3)(iii)(A). Indiana

addresses the issue of prompt reporting in 326 IAC 2-7-5(3)(C)(ii).

Because Indiana did not actually define ``prompt,'' EPA may veto

permits that do not contain sufficiently prompt reporting requirements

for deviations. EPA and Indiana will address the appropriate definition

of ``prompt'' in the Implementation Agreement that will be developed

for the Indiana program.

e. Public and EPA Comment Periods

326 IAC 2-7-18 provides for the public comment period for a draft

permit and the EPA review of a proposed permit to occur concurrently.

EPA will receive a copy of a draft permit when it is issued for a 30-

day comment period for the public and affected States.

If comments are received, but the State does not change the permit,

the State will notify EPA and send to EPA a signed copy of the draft

permit that will then be the proposed permit. EPA has up to 15 days

after the receipt of the proposed permit to notify the State if it

wishes to have a full 45-day review period for the proposed permit.

Otherwise, EPA's comment period ends 45 days after it first receives

the draft permit. Please refer to the TSD, included with the docket of

this interim approval, for more information regarding Indiana's public

comment procedures.

f. Enforcement

The Indiana program meets the enforcement authority requirements of

40 CFR 70.11. The Indiana statute addresses these requirements in IC

13-7-5, 13-7-11, 13-7-12, and 13-7-13. The Indiana Attorney General's

legal opinion certifies that the Indiana statue adequately meets the

requirements of 40 CFR 70.11.

3. Permit Fee Demonstration

According to 326 IAC 2-7-19, Indiana will charge part 70 sources a

$1500 flat fee plus $33 per ton of actual emissions of each regulated

pollutant. If the source emits over 100 tpy of both VOC and NOX

and is located in Lake or Porter County, it shall not pay more than

$200,000 in Title V fees. All other sources shall not pay more than

$150,000. Sources will have to pay 50 percent of this amount in 1994

and 75 percent of this amount in 1995. The dollar amounts will be

adjusted by the Consumer Price Index beginning in 1996. Indiana has

demonstrated in the Title V program submittal that its fee schedule

will collect adequate fees to satisfy the EPA presumptive minimum

amount beginning in 1996.

Indiana's fee schedule for 1995 will be $24.75 per ton of emissions

plus a $1,125 flat fee per source. This is below the EPA presumptive

minimum fee amount. Indiana's program, however, will be in effect for

only a portion of 1995 and Indiana has demonstrated that it will

provide enough of the 1995 fee schedule for the post-program approval

period to meet the EPA presumptive minimum amount. Please refer to the

TSD, included with the docket of this interim approval, for more

information regarding the State's fee demonstration.

4. Provisions Implementing the Requirements of Other Titles of the Act

a. Authority and/or Commitments for Section 112 Implementation

Indiana has demonstrated in its Title V program submittal adequate

legal authority to implement and enforce all section 112 requirements

through Title V permits. This legal authority is contained in Indiana's

enabling legislation and in regulatory provisions defining ``applicable

requirements'' and stating that the permit must incorporate all

applicable requirements. EPA has determined that this legal authority

is sufficient to allow Indiana to issue permits that assure compliance

with all section 112 requirements.

The EPA is accepting the above legal authority as an adequate

demonstration that Indiana is able to carry out all section 112

activities relative to Title V sources. For further rationale on this

interpretation, please refer to the TSD accompanying this rulemaking

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.

[[Page 27067]]

b. Implementation of section 112(g) Upon Program Approval

As a condition of approval of the Title V program, Indiana is

required to implement section 112(g) of the Act. Indiana has

promulgated a ``MACT Rule'' in 326 IAC 2-1-3.3. The purpose of this

regulation is to provide Indiana the necessary mechanism to implement

section 112(g). 326 IAC 2-1-3.3(e) states that permit conditions

necessary to implement the provisions of 326 IAC 2-1-3.3 shall be

established in 326 IAC 2-1-3. 326 IAC 2-1-3 is the Indiana NSR

construction permit regulation, which has been approved into the

Indiana SIP. 326 IAC 2-1-3.3 applies to new or reconstructed sources

emitting greater than 10 tpy of a HAP or 25 tpy of any combination of

HAPs. The regulation also applies to modifications to HAP sources which

emit 4 tpy of one HAP or 10 tpy of any combination of HAPs.

According to the Federal Register notice published on February 14,

1995, 60 FR 8333, the requirements of section 112(g) will not become

effective until after EPA has promulgated a regulation addressing that

provision. The Federal Register notice sets forth in detail the

rationale for this interpretation. At the time of Indiana's program

submittal and EPA's subsequent review period, EPA has not promulgated a

federal regulation containing the specific requirements of section

112(g).

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 regulation so as

to allow States time to adopt regulations implementing the Federal

regulation, 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), Indiana must be able

to implement section 112(g) during the period between promulgation of

the Federal section 112(g) regulation and adoption of implementing

State regulations. Imposition of case-by-case determinations of maximum

achievable control technology (MACT) or offsets under section 112(g)

will require the use of a mechanism for establishing federally

enforceable restrictions on a source-specific basis.

For this reason, EPA is proposing approval of Indiana's MACT

regulation (326 IAC 2-1-3.3) under the authority of Title V and part 70

solely for the purpose of implementing section 112(g) during the

transition period between promulgation of the section 112(g) regulation

and adoption by Indiana of regulations implementing the provisions of

section 112(g). However, since the approval is for the single purpose

of providing a mechanism to implement section 112(g) during the

transition period, the approval itself will be without effect if EPA

decides in the final section 112(g) regulation that sources are not

subject to the requirements of the regulation until State regulations

are adopted. The EPA is limiting the duration of this proposal to 18

months following promulgation by EPA of the section 112(g) regulation.

Once promulgated by EPA, the 112(g) regulation will serve as the

mechanism for establishing federally enforceable case-by-case MACT

emission limits for HAPs. EPA is interpreting Indiana's legal authority

and commitment (Enclosure H, page 33 of the Indiana program submittal)

to mean that, upon promulgation of the section 112(g) regulation, the

State will expeditiously adopt regulations consistent with the

provisions of 112(g).

Although section 112(l) generally provides authority for approval

of State air toxics programs, Title V and section 112(g) provide

authority for this limited approval because of the direct linkage

between 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 purposes of section 110 or any other provision under

the Act.

c. Program for Delegation of Section 112 Standards as Promulgated

The requirements for a Title V program approval, specified in 40

CFR 70.4(b), also encompass section 112(l)(5) requirements for approval

of a State program for delegation of section 112(d), (f), or (h)

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, the EPA is proposing to grant approval, under section

112(l)(5) and 40 CFR 63.91, of Indiana's program for receiving

delegation of section 112(d), (f), or (h) standards that are unchanged

from the Federal standards as promulgated. This program approval

applies to both existing and future standards, but is limited to

sources covered by the part 70 program.

Indiana has informed EPA that it intends to accept delegation of

section 112(d), (f), or (h) standards through rule adoption. The

details of this delegation mechanism will be set forth in a Memorandum

of Agreement between Indiana and EPA expected to be completed prior to

approval of Indiana's section 112(l) program for delegations.

d. Limiting HAP Emissions Through a FESOP Program

At the time of the publication of this Federal Register notice,

USEPA has not approved a FESOP regulation which would establish

federally enforceable limits on sources' potential to emit. If USEPA

approves the Indiana FESOP regulation, Indiana will have the ability to

place federally enforceable limits on HAPs in addition to criteria

pollutants. The federal enforceability of HAP limits will be addressed

in any future SIP approving the FESOP program.

e. Title IV

Indiana's program contains adequate authority to issue permits

which reflect the requirements of Title IV and its implementing

regulations. 326 IAC 21-1-1 incorporates by reference 40 CFR parts 72,

75, 76, 77, and 78. Indiana's program submittal contains a commitment

to revise its regulations as necessary to accommodate federal revisions

and additions to Title IV and the Acid Rain regulations once they are

promulgated.

B. Options for Approval/Disapproval and Implications

The EPA is proposing to grant interim approval to the operating

permits program submitted by Indiana on August 10, 1994. If this

interim approval is promulgated, the State must make the following

changes to receive full approval: (1) The State must amend its

insignificant activities levels for SO2 and HAPs to levels which

assure that large sources are included in Title V review and (2) the

State must revise its emissions threshold level for MPM group

processing eligibility to be consistent with the 40 CFR

70.7(e)(3)(i)(B) threshold level or the State may demonstrate that an

alternative to the 40 CFR 70.7(e)(3)(i)(B) level is acceptable.

Indiana's program is not fully approvable because of the deficiencies

mentioned above. The program, however, substantially meets the

requirements of part 70 because Indiana's regulations and legislation

comply with all other part 70 requirements. If EPA's concerns on the

issues mentioned above are addressed before final action on this

notice, then EPA can fully approve Indiana's program. Alternatively, if

the State does not address EPA's concerns on these issues before final

action on this notice, then EPA's final action will remain an interim

approval of the Indiana program. [[Page 27068]]

This interim approval, which may not be renewed, extends for a

period of up to 2 years. During the interim approval period, the State

is protected from sanctions for failure to have a program, and EPA is

not obligated to promulgate a Federal permits program in the State.

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 interim approval, as

does the 3-year time period for processing the initial permit

applications. Because the interim approval automatically expires 2

years after promulgation of a final interim approval, the State may

submit its interim corrections at any time. However, the State may not

submit its corrections any later than 18 months after promulgation of

final interim approval. The EPA will then have 6 months to promulgate a

final action.

C. Federal Oversight and Sanctions

Where EPA grants interim approval, it would extend for 2 years

following the effective date of final interim approval, and could not

be renewed. During the interim approval period, the State would not be

subject to sanctions and EPA would not be obligated to promulgate,

administer, and enforce a Federal permits program for the State.

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.

State failure to timely correct the deficiencies which are the

basis for an interim approval or EPA disapproval of a submitted

corrective program will start an 18-month clock for the mandatory

imposition of section 179(b) sanctions. Each of these occasions starts

a separate sanctions clock and time is not accumulated from one clock

to another. Section 179(b) of the Act mandates the impositions of the

following sanctions: (1) 2 to 1 emission offsets for new construction

in nonattainment areas and (2) restriction on federal funding of

highway projects. The offset sanction would be imposed 18 months after

a sanctions clock is started and the highway sanction would be imposed

6 months after the offset sanction.

Following final interim approval, if the State failed to submit a

complete corrective program for full approval by 6 months before

expiration of the interim approval, EPA would start the sanctions

clock. If the State then failed to submit a corrective program that EPA

found complete before the expiration of that 18-month period, EPA would

be required to apply the first section 179(b) sanction, which would

remain in effect until EPA determined that the State had submitted a

complete corrective program. Moreover, if the Administrator found 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 determined that the State had come into

compliance. In any case, if, 6 months after the application of the

first sanction, the State still had not submitted a corrective program

that EPA found complete, the second sanction would be required.

If, following final interim approval, EPA were to disapprove the

State's complete corrective program, EPA would be required to apply the

first section 179(b) sanction on the date 18 months after the effective

date of the disapproval, unless, prior to that date, the State had

submitted a revised program and EPA had determined that it corrected

the deficiencies that prompted the disapproval. Moreover, if the

Administrator found 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 determined that the State had

come into compliance, In all cases, if, 6 months after EPA applied the

first sanction, the State had not submitted a revised program that EPA

had determined corrected the deficiencies that prompted disapproval,

the second sanction would be required.

In addition, discretionary sanctions may be applied where warranted

any time after the end of an interim approval period if a State has not

timely submitted a complete corrective program or EPA had disapproved a

submitted corrective program. Moreover, if EPA has not granted full

approval to a State 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 that

State upon interim approval expiration.

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 rulemaking. 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 rulemaking

process, and

(2) To serve as the record in case of judicial review. The EPA will

consider any comments received by June 21, 1995.

B. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this action

from Executive Order 12866 review.

C. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final regulation on small entities. 5 U.S.C. sections

603 and 604. Alternatively, EPA may certify that the regulation will

not have a significant impact on a substantial number of small

entities. Small entities include small businesses, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

Operating permits program approvals under section 502 of the Act do

not create any new requirements, but simply approve requirements that

the State is already imposing. Therefore, because the federal operating

permits program approval does not impose any new requirements, I

certify that it does not have a significant impact on any small

entities affected. Moreover, due to the nature of the federal-state

relationship under the Act, preparation of a regulatory flexibility

analysis would constitute federal inquiry into the economic

reasonableness of State action.

The Act forbids EPA to base its actions concerning operating

permits programs on such grounds. Union Electric Co. v. U.S. E.P.A.,

427 U.S. 246, 256-66 (S. Ct 1976); 42 U.S.C. 7410(a)(2).

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- [[Page 27069]] 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.

The 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 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 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. sections 7401-7671q.

Dated: May 9, 1995.

David A. Ullrich,

Acting Regional Administrator.

[FR Doc. 95-12474 Filed 5-19-95; 8:45 am]

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