Clean Air Act Proposed Full Approval, or in the Alternative, Proposed Interim Approval of Operating Permits Program: Knox County Department of Air Pollution Control, Knox County, Tennessee

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[TN-KNOX-95-01; FRL-5327-9]

Clean Air Act Proposed Full Approval, or in the Alternative,

Proposed Interim Approval of Operating Permits Program: Knox County

Department of Air Pollution Control, Knox County, Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed full approval, or proposed interim approval in the

alternative.

-----------------------------------------------------------------------

SUMMARY: The EPA proposes full approval of the operating permits

program submitted by the Department of Air Pollution Control located in

the geographic area of Knox County, Tennessee. Alternatively, EPA

proposes to grant interim approval if specified changes are not adopted

prior to final promulgation of this rulemaking. Knox County's program

was submitted for the purpose of complying with Federal requirements

which mandate that states and local agencies 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

December 8, 1995.

ADDRESSES: Written comments on this action should be addressed to Carla

E. Pierce, Chief, Air Toxics Unit/Title V Program Development Team, Air

Programs Branch, at the EPA Region 4 office listed below. Copies of the

Knox County submittal and other supporting information used in

developing the proposed interim approval are available for inspection

during normal business hours at the following location: Environmental

Protection Agency, Region 4 Air Programs Branch, 345 Courtland Street,

NE, Atlanta, Georgia 30365.

FOR FURTHER INFORMATION CONTACT: Gracy R. Danois, Title V Development

Team, Air Programs Branch, Air, Pesticides & Toxics Management

Division, Region 4 Environmental Protection Agency, 345 Courtland

Street, NE, Atlanta, Georgia 30365. The telephone number is 404/347-

3555, extension 4150.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

As required under title V of the 1990 Clean Air Act (``the Act'')

as amended by the 1990 Clean Air Act Amendments, EPA has promulgated

rules on July 21, 1992 (57 FR 32250) which define the minimum elements

of an approvable State/Local operating permits program and the

corresponding standards and procedures by which the EPA will approve,

oversee, and withdraw approval of state or local agency operating

permits programs. These rules are codified at 40 Code of Federal

Regulations (CFR) part 70. Title V and part 70 require that states or

authorized local agencies develop, and submit to EPA, programs for

issuing operating permits to all major stationary sources and to

certain other sources.

The Act requires that States or authorized local agencies develop

and submit these programs to EPA by November 15, 1993, and EPA to

approve or disapprove each program within 1 year after receiving the

submittal. If the State or local agency submission is materially

changed during the one-year review period, 40 CFR 70.4(e)(2) allows EPA

to extend the review period for no more than one year following receipt

of the additional materials. Knox County provided EPA with additional

materials in supplemental submittals dated August 24, 1994, January 6,

1995, January 19, 1995, February 6, 1995, May 23, 1995, and September

18 and 25, 1995. Because these supplements materially changed the

County's submittal, EPA has extended the one-year review period.

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 November 15, 1995, or by the end of an interim program, it

must establish and implement a Federal operating permits program for

that State or local agency.

II. Proposed Action and Implications

A. Analysis of Knox County's Submission

The Department of Air Pollution Control has requested full approval

of its title V operating permits program, which covers the geographic

area of Knox County within the State of Tennessee. EPA has concluded

that the operating permits program submitted by the Tennessee

Department of Environment and Conservation (TDEC) on behalf of the Knox

County Department of Air Pollution Control (``Knox County'' or ``the

County'') meets the requirements of title V and part 70, and proposes

to grant full/interim approval to the program. For detailed information

on the analysis of the Knox County submission, please refer to the

Technical Support Document (TSD) contained in the docket at the address

noted above.

1. Program Support Materials

Pursuant to section 502(d) of the Act, each state or local agency

must develop and submit to the Administrator an operating permits

program under State or local law or under an interstate compact meeting

the requirements of title V of the Act. On November 12, 1993, the TDEC

requested, under the signature of the Tennessee Governor's designee,

approval of the Knox County operating permit program with full

authority to administer the program in all areas of the County. The

County has

[[Page 56282]]

delegated authority to implement part 70 under Tennessee law (Tennessee

Code Annotated (TCA), section 68-25-115). The TDEC supplemented the

program submittal on August 24, 1994, January 6 and 19, 1995, February

6, 1995, and May 23, 1995.

The Knox County submittal addresses, in section II entitled

``Complete Program Description,'' the requirements of 40 CFR 70.4(b)(1)

by describing how the County intends to carry out its responsibilities

under the part 70 regulations. EPA has deemed the program description

to be sufficient for meeting the requirements of 40 CFR 70.4(b)(1).

Pursuant to 40 CFR 70.4(b)(3), each state or local authority is

required to submit a legal opinion from the Attorney General (or the

attorney for the state or local air pollution control agency that has

independent legal counsel) demonstrating adequate authority to carry

out all aspects of the title V operating permits program. The Knox

County Law Director submitted a Legal Opinion demonstrating adequate

legal authority as required by Federal law and regulation.

Section 70.4(b)(4) requires the submission of relevant permitting

program documentation not contained in the regulations, such as permit

application forms, permit forms, and relevant guidance to assist in the

County's implementation of its permit program. Section V of the Knox

County submittal includes the permit application forms, permit forms,

and relevant guidance that the County intends to use for the

implementation of its permit program. EPA has determined that the

application forms meet the requirements of 40 CFR 70.5(c).

2. Regulations and Program Implementation

Knox County developed section 25.70 of the Knox County Air

Pollution Control (K.C.A.P.C.) Regulations for the implementation of

the substantive requirements of 40 CFR part 70. The County also

incorporated K.C.A.P.C. sections 25.8, 30.0, 35.3, and 49.0 to

implement other part 70 requirements. These rules, and several other

rules and statutes providing for the County's permitting and

administrative actions, were submitted by Knox County with sufficient

evidence of procedurally correct adoption as required by 40 CFR

70.4(b)(2).

The Knox County program, in K.C.A.P.C. section 25.70.3, meets the

requirements of 40 CFR 70.2 and 70.3 with regard to applicability.

K.C.A.P.C. sections 25.70.4, 25.70.5, and 25.70.6, substantially meet

the requirements of 40 CFR 70.4, 70.5, and 70.6 for permit content

(including operational flexibility) and complete permit application

forms. In addition, the County's program provides for off-permit

changes as described in 40 CFR 70.4(b)(14) in K.C.A.P.C. section

20.70.15. However, K.C.A.P.C. sections 25.70.5(c)(7) and 25.70.7(e)(2)

do not reference emissions trading as required by 40 CFR

70.4(b)(12)(iii), 70.5(c)(7), and 70.6(a)(10). As a condition of full

approval, Knox County has committed to rectify this lack of flexibility

on emissions trading procedures. In a letter dated September 25, 1995,

the County has proposed to incorporate the following language in

K.C.A.P.C. section 25.70.7(e)(2)(i)(B): ``Notwithstanding paragraphs

(e)(2)(i)(A) and (e)(3)(i) of this section, minor permit modification

procedures may be used for permit modifications involving the use of

economic incentives, marketable permits, emissions trading, and other

similar approaches, to the extent that such minor permit modification

procedures are explicitly provided for in an applicable implementation

plan or in applicable requirements promulgated by EPA. The Department

may establish additional requirements for such permit conditions.''

Section 70.4(b)(2) requires States and local agencies to include in

their part 70 programs any criteria used to determine insignificant

activities or emission levels for the purpose of determining complete

applications. Section 70.5(c) states that an application for a part 70

permit may not omit information needed to determine the applicability

of, or to impose, any applicable requirement, or to evaluate

appropriate fee amounts. Section 70.5(c) also states that EPA may

approve, as part of a state program, a list of insignificant activities

and emissions levels which need not be included in permit applications.

Under part 70, a state or local agency must request and EPA may approve

as part of that state's or local agency's program any activities or

emission levels that they wish to consider insignificant. Part 70,

however, does not establish emissions thresholds for insignificant

activities. EPA has accepted emissions thresholds of five tons per year

for criteria pollutants, and the lesser of 1000 pounds per year or

section 112(g) de minimis levels for HAP, as reasonable.

The regulations addressing the insignificant activities list of

Knox County can be found in K.C.A.P.C. section 25.70.12. This section

provides for the exemption of certain emissions units, or pollutant-

emitting activities from the title V permitting process. As required by

40 CFR 70.5(c), the County included language in this section to ensure

that information needed to determine the applicability of, or to impose

any applicable requirement, or to collect any permit fees is not

excluded from the application.

Part 70 requires prompt reporting of deviations from the permit

requirements. Section 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 ``prompt'' in each individual permit. EPA believes that

``prompt'' should generally be defined as requiring reporting within

two to ten days of the deviation. Two to ten days is sufficient time in

most cases to protect public health and safety as well as to provide a

forewarning of potential problems. For sources with a low level of

excess emissions, a longer time period may be acceptable. However,

prompt reporting must be more frequent than the semiannual reporting

requirement, given this is a distinct reporting obligation under

section 70.6(a)(3)(iii)(A). Where ``prompt'' is defined in the

individual permit but not in the program regulations, EPA may veto

permits that do not contain sufficiently prompt reporting of

deviations. Knox County has not defined ``prompt'' in its program with

respect to the reporting of deviations. The contents of K.C.A.P.C.

section 25.70.6(a)(3)(iii)(B) requires ``prompt reporting of deviations

from permit requirements . . .'', but does not specify what will be

considered as prompt reporting. In a letter dated September 25, 1995,

Knox County committed to include the following sentence in K.C.A.P.C.

section 25.70.6(a)(3)(iii)(B): ``The term ``prompt'', in relation to

the degree and type of permit deviations likely to occur, will be

defined within each permit according to an EPA approved protocol, such

as the EPA/Local Implementation Agreement.''

Knox County has the authority to issue variances from requirements

imposed by State law under K.C.A.P.C. section 28.0. EPA regards this

provision as wholly external to the program submitted for approval

under part 70, and consequently proposes to take no action on this

provision of State law. EPA has no authority to approve provisions of

state law, such as the variance provision referred to, that are

inconsistent with title V. EPA does not

[[Page 56283]]

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 the procedures allowed by part 70.

A part 70 permit may be issued or revised (consistent with part 70

permitting 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 modification 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.''

Knox County's program, in K.C.A.P.C. section 25.70.7, meets the

permit processing requirements (including public participation and

minor permit modifications) of 40 CFR 70.7. The permit review by EPA

and affected States requirements of 40 CFR 70.8 are addressed in

K.C.A.P.C. section 25.70.8.

In K.C.A.P.C. section 30.0, and in T.C.A. sections 68-210-112 and

68-210-116, the County substantially addresses the requirements of 40

CFR 70.11 with respect to enforcement authority. In response to the

comments made by EPA during its substantial review of the County's

program, on September 18, 1995, Knox County proposed revisions to the

enforcement portion of its program submittal. Such changes are outline

below.

In the area of civil penalty assessment, K.C.A.P.C. section 30.1(D)

describes that the Director has the authority to assess civil penalties

against any person. However, this item does not specify that the

maximum fine shall be no less than $10,000 per day per violation, as

required by 40 CFR 70.11(a)(3). Knox County has proposed a revision to

K.C.A.P.C. section 30.1(D) to specify that the maximum fine shall be no

less than $10,000 per day per violation.

Knox County does not have authority to restrain or enjoin

immediately and effectively any person by order or by suit in court

from engaging in any activity in violation of a permit that is

presenting an imminent and substantial endangerment to the public

health or welfare of the environment. The County has proposed to

incorporate in section 30.1(G) the appropriate authority to satisfy the

requirements of 40 C.F.R. 70.11(a)(1). Specifically, the provision will

read as follows: ``The Director has the authority to restrain or enjoin

immediately and effectively any person, by order or by suit in court,

from engaging in any activity in violation of a permit or the Knox

County Air Pollution Control Regulations that is presenting an imminent

and substantial endangerment to the public health or welfare, or the

environment.''

The contents of K.C.A.P.C. section 30.1(F) give the Director in

Knox County authority to ``cause to be instituted a civil action in any

court of competent jurisdiction for injunctive relief to prevent

violation of any regulation promulgated by the Board or any order duly

issued by the Director . . .''. It is not clear whether this can be

done ``without the necessity of a prior revocation of a permit'' as

required by 40 CFR 70.11(a)(2). As a condition of full approval, Knox

County has committed to incorporate in section 30.1(F) the following

statement: ``Such actions may be taken by the Director without the

necessity of a prior revocation of any permit.''

EPA has determined that the proposed provisions submitted by Knox

County on September 18 and 25, 1995, are acceptable. As condition of

full approval, the County plans to expeditiously adopt the proposed

change prior to EPA's final action on the County's program.

The aforementioned TSD contains the detailed analysis of the Knox

County program and describes the manner in which the County's program

meets all of the operating permit program requirements of 40 CFR part

70.

3. Permit Fee Demonstration

Section 502(b)(3) of the Act requires each permitting authority to

collect fees sufficient to cover all reasonable direct and indirect

costs necessary for the development and administration of its title V

operating permit program. Each title V program submittal must contain

either a detailed demonstration of fee adequacy or a demonstration that

aggregate fees collected from title V sources meet or exceed $25 per

ton of emissions per year (adjusted from 1989 by the Consumer Price

Index (CPI)). The $25 per ton is presumed, for program approval, to be

sufficient to cover all reasonable program costs and is thus referred

to as the ``presumptive minimum.''

Knox County will collect permit and emission-based fees that are

projected at $29.26 per ton of pollutant in 1995. Fees will be adjusted

annually by the Consumer Price Index beginning in 1996. The fee

demonstration showed that the fees collected will adequately cover the

anticipated costs of the operating permit program for the years 1995

through 1999.

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

a. Authority for Section 112 Implementation. In its program

submittal, Knox County demonstrates adequate legal authority to

implement and enforce all section 112 requirements through the title V

permit. This legal authority is contained in K.C.A.P.C. section 35.0,

and in section 25.70.2 where the term ``applicable requirements'' is

defined. EPA has determined that this legal authority is sufficient to

allow the local agency to issue permits that assure compliance with all

section 112 requirements.

EPA is interpreting the above legal authority to mean that Knox

County is able to carry out all section 112 activities with respect to

part 70 and non-part 70 sources. For further rationale on this

interpretation, please refer to the TSD.

b. Implementation of Section 112(g) Upon Program Approval. EPA

issued an interpretive notice on February 14, 1995 (60 FR 8333), which

outlines EPA's revised interpretation of section 112(g) applicability.

The notice postpones the effective date of section 112(g) until after

EPA has promulgated a rule addressing that provision. The notice sets

forth in detail the rationale for the revised interpretation.

The section 112(g) interpretative notice explains that EPA is

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 or local agencies 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 section 112(g), Knox County must

have a Federally enforceable mechanism for implementing section 112(g)

during the period between promulgation of the Federal section 112(g)

rule and adoption of implementing local regulations.

EPA is aware that Knox County lacks a program designed specifically

to implement section 112(g). However, the County does have a

preconstruction review program that can serve as an adequate

implementation vehicle during the transition period because it would

allow the County to select control measures that would meet the maximum

achievable control technology (MACT), as defined in section 112, and

incorporate these

[[Page 56284]]

measures into a Federally enforceable preconstruction permit. For this

reason, EPA proposes to approve the use of Knox County's

preconstruction review program found in K.C.A.P.C. section 25.1, under

the authority of title V and part 70, solely for the purpose of

implementing section 112(g) to the extent necessary during the

transition period between section 112(g) promulgation and adoption of a

local rule implementing EPA's section 112(g) regulations. Although

section 112(l) generally provides authority for approval of local air

programs to implement section 112(g), title V and section 112(g)

provide for this limited approval because of the direct linkage between

the 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 purpose of any other provision under the Act (e.g.,

section 110). This approval will be without effect if EPA decides in

the final section 112(g) rule that sources are not subject to the

requirements of the rule until local regulations are adopted. The

duration of this approval is limited to 18 months following

promulgation by EPA of the section 112(g) rule to provide adequate time

for the County to adopt regulations consistent with the Federal

requirements.

c. Program for Delegation of Section 112 Standards as Promulgated.

The requirements for part 70 program approval, specified in 40 CFR

70.4(b), encompass section 112(l)(5) requirements for approval of a

state or local program for delegation of section 112 standards

promulgated by EPA as they apply to title V sources. Section 112(l)(5)

requires that the County's program contain adequate authorities,

adequate resources for implementation, and an expeditious compliance

schedule, which are also requirements under part 70. Therefore, EPA

also proposes to grant approval, under section 112(l)(5) and 40 CFR

63.91, of Knox County's program for receiving delegation of future

section 112 standards and programs that are unchanged from the Federal

rules as promulgated. In addition, EPA proposes delegation of all

existing standards and programs under 40 CFR parts 61 and 63 for part

70 sources and non-part 70 sources.1

\1\ 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'' 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. EPA will work with the State in the development of its

radionuclide program to ensure that permits are issued in a timely

manner.

---------------------------------------------------------------------------

Knox County has informed EPA that it intends to accept the

delegation of future section 112 standards using the mechanism of

adoption-by-reference. The details of the County's use of its

delegation mechanism are set forth in a letter dated January 19, 1995,

submitted by Knox County as a title V program addendum.

d. Commitment to Implement Title IV of the Act. Knox County adopted

and incorporated by reference the provisions of 40 CFR part 72. On

March 29, 1995, EPA published a Federal Register notice (60 FR 16127)

notifying affected sources that the County's acid rain regulation was

acceptable for purposes of administering an acid rain program and that

the Knox County acid rain portion of the County's title V program has

been established. Knox County has committed to incorporate by reference

any new or revised provisions following promulgation by EPA.

B. Proposed Actions

1. Full Approval

The EPA is proposing full approval of the operating permits program

submitted by Knox County on November 12, 1993, as supplemented on

August 24, 1994, January 6 and 19, 1995, February 6, 1995, May 23,

1995, and September 18 and 25, 1995, if appropriate revisions to the

County's program are adopted prior to final promulgation of this

rulemaking. Knox County must make the following changes to receive full

approval:

1. Knox County must revise the contents of K.C.A.P.C. section

25.70.7(e)(2)(i)(B) to provide for operational flexibility in

accordance with 40 CFR 70.4(b)(12)(iii), 70.5(c)(7), and 70.6(a)(10).

These requirements allow the permitting authority, if requested by

permit applicants, to issue permits that contain terms and conditions

allowing for the trading of emissions increases and decreases in

permitted facilities.

2. Knox County must revise K.C.A.P.C. section 30.1(D) to specify

that the maximum fine shall be no less than $10,000 per day per

violation.

3. The County must revise K.C.A.P.C. section 30.1(G) to incorporate

the requirements of 40 CFR 70.11(a)(1), with respect to the County's

authority to restrain or enjoin immediately and effectively any person

by order or by suit in court from engaging in any activity in violation

of a permit that is presenting an imminent and substantial endangerment

to the public health or welfare of the environment.

4. Knox County must revise K.C.A.P.C. section 30.1(F) to include

the requirements of 40 CFR 70.11(a)(2) with respect to the authority

``to seek injunctive relief in court to enjoin any violation of any

program requirement, including permit conditions, without the necessity

of a prior revocation of a permit.''

EPA has determined that the Knox County program is otherwise

adequate to meet the minimum elements of an approvable operating

permits program as specified in 40 CFR part 70.

2. Interim Approval

Alternatively, EPA is proposing to grant interim approval under 40

CFR 70.4(d) to the Knox County operating permits program if the changes

required for full approval, as described above, are not made prior to

final promulgation of this rulemaking. EPA can grant interim approval

because Knox County's program substantially meets the requirements of

part 70 as discussed in section II(A) of this notice. The interim

approval issues noted above will not prevent the County from issuing

permits that are consistent with the part 70 program.

If EPA grants interim approval to the Knox County program, the

interim approval would extend for two years following the effective

date of final interim approval, and could not be renewed. During the

interim approval period, Knox County would be protected from sanctions,

and EPA would not be obligated to promulgate, administer and enforce a

Federal permits program for Knox County. Permits issued under a program

with interim approval are fully effective with respect to part 70. The

12-month time period for submittal of permit applications by sources

subject to part 70 requirements and the three-year time period for

processing the initial permit applications begin upon the effective

date of final interim approval.

Following the granting of final interim approval, if Knox County

fails to submit a complete corrective program for full approval by the

date six months before expiration of the interim approval, EPA would

start an 18-month clock for mandatory sanctions. If Knox County then

fails to submit a corrective program that EPA finds complete before the

expiration of that 18-month period, EPA is required to apply one of the

sanctions in section 179(b) of the Act, which will remain in effect

until EPA determines that Knox County has corrected the

[[Page 56285]]

deficiency by submitting a complete corrective program.

3. Other Actions

As discussed previously in section II.A.4.b., EPA proposes to

approve Knox County's preconstruction review program found in

K.C.A.P.C. section 25.1, under the authority of title V and part 70

solely for the purpose of implementing section 112(g) to the extent

necessary during the transition period between 112(g) promulgation and

adoption of a local rule implementing EPA's section 112(g) regulations.

In addition, as discussed in section II.A.4.c., EPA proposes to

grant approval under section 112(l)(5) and 40 CFR 63.91 to the County's

program for receiving delegation of future section 112 standards and

programs that are unchanged from Federal rules as promulgated. EPA also

proposes to delegate all existing standards under 40 CFR parts 61 and

63 for both part 70 and non-part 70 sources.

III. Administrative Requirements

A. Request for Public Comments

The EPA is requesting comments on all aspects of this proposed

interim approval. Copies of the Knox County submittal and other

information relied upon for the proposed full/interim approval are

contained in docket number TN-KNOX-95-01 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 record in case of judicial review. The EPA will

consider any comments received December 8, 1995.

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 Reform Act of 1995

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 proposed approval action promulgated

today does not include a Federal mandate that may result in estimated

costs of $100 million or more to State, local, or tribal governments in

the aggregate, or to the private sector. This Federal action approves

pre-existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

List of Subjects in 40 CFR Part 70

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Operating permits,

Reporting and recordkeeping requirements.

Authority: 42 U.S.C. 7401-7671q.

Dated: October 31, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

[FR Doc. 95-27697 Filed 11-7-95; 8:45 am]

BILLING CODE 6560-50-P