Clean Air Act Interim Approval of Operating Permits Program; City of Albuquerque Environmental Health Department, Air Pollution Control Division

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[NM002; FRL-5169-6]

Clean Air Act Interim Approval of Operating Permits Program; City

of Albuquerque Environmental Health Department, Air Pollution Control

Division

AGENCY: Environmental Protection Agency (EPA).

ACTION: Informational notice.

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SUMMARY: The EPA published without prior proposal a Federal Register

(FR) notice promulgating interim approval of the operating permits

program submitted by the New Mexico Governor's designee, Mr. Lawrence

Rael, for the City of Albuquerque as Chief Administrative Officer, and

for Bernalillo County as the administrative head of the Albuquerque/

Bernalillo County Operating Permits Program, for the purpose of

complying with the Federal requirements of an approved program to issue

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

sources with the exception of Indian Lands. This submittal for the

operating permits program was made by the City of Albuquerque on April

4, 1994. EPA's direct final approval was published on January 10, 1995

(60 FR 2527).

The EPA subsequently received comments from the American Forest and

Paper Association (AF&PA) on the action. Two comments were received

from this commenter: one with respect to the definition of ``Title I

modification'' and the other regarding the implementation of section

112(g). A letter from National Environmental Development Association/

Clean Air Regulatory Project was received by the EPA approximately two

weeks after the close of the public comment period. That letter set out

the same comments expressed by the AF&PA, and will be added to the

EPA's docket for the approval of the Albuquerque Operating Permits

Program although not discussed further in this notice.

With respect to the definition of Title I modification, the AF&PA

noted that the Albuquerque definition of ``Title I modification'' does

not include changes reviewed under a minor source preconstruction

review program (``minor NSR changes''). AF&PA stated its belief that

this was consistent with the relatively narrow definition of Title I

modification which AF&PA believed is contained in the current Part 70

rules. The AF&PA also noted that EPA has recently proposed changing its

current definition of ``Title I modification'' to expressly include

virtually any change that constitutes a modification under any

provision of Title I of the Act. 59 FR 44572 (August 29, 1994). The

AF&PA noted that EPA in prior months had conditioned either interim or

full approval of several States' operating permit programs on the

adoption of such a definition, which is broader than that contained in

the Albuquerque Operating Permits Program. However, the AF&PA noted

that EPA was now taking no position on the Albuquerque Operating

Permits Program definition of ``Title I modification'' as grounds for

either interim approval or disapproval of the program. The AF&PA in its

comments stated that it supports this new approach by EPA of not taking

a position on Albuquerque's narrower definition.

Because this comment is not adverse to the position taken by EPA in

its Direct Final Rule approving the Albuquerque Operating Permits

Program, it does not require the withdrawal of the Direct Final Rule

[[Page 13047]] promulgating interim approval of the City's Program.

In its comment involving the implementation of Federal Clean Air

Act section 112(g), the AF&PA objected to EPA's proposed approval of

Albuquerque's stated intention to use its preconstruction permit

process to implement the section 112(g) requirements of its operating

permits program prior to the promulgation of a final Federal 112(g)

rule. The AF&PA acknowledged that, based on comments submitted by AF&PA

and others, the EPA might revise its position that section 112(g)

requirements take effect upon approval of a State's Title V program,

and instead allow States to defer implementing the modification

provisions of section 112(g) until sometime after the final Federal

rule is promulgated, an action which AF&PA stated it believes would be

appropriate1.

\1\Section 112(g) of the Clean Air Act requires the case-by-case

establishment of Maximum Achievable Control Technology standards for

any ``modified'' major sources of hazardous air pollutant emissions.

The source is ``modified'' whenever a ``physical change or change in

the method of operation'' results in a greater than de minimis

increase in actual emissions of hazardous air pollutants, unless

that increase will be offset by an equal or greater decrease in the

quantity of emissions of another hazardous air pollutant (or

pollutants) from such source which is deemed more hazardous. 42

U.S.C. Sec. 7412(g)(1)(A).

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On February 8, 1995, the Administrator of EPA signed an

interpretive notice which was published at 60 FR 83333 (February 14,

1995), delaying the implementation of section 112(g) for both new and

existing sources. This delay of implementation of section 112(g)

renders AF&PA's comment moot.

Accordingly, the direct final interim approval of the Albuquerque

Operating Permits Program will not be withdrawn and will remain final

as published January 10, 1995 (60 FR 2527).

EFFECTIVE DATE: Will be effective on March 13, 1995 as published in 60

FR 2527.

FOR FURTHER INFORMATION CONTACT: Ms. Adele D. Cardenas, New Source

Review Section (6T-AN), Environmental Protection Agency, Region 6, 1445

Ross Avenue, suite 700, Dallas, Texas 75202-2733, telephone (214) 665-

7210.

List of Subjects in 40 CFR Part 70

Environmental protection, Administrative practice and procedures,

Intergovernmental relations, Operating permits.

Authority: 42 U.S.C. 7401, et seq.

Therefore, the final rule appearing at 60 FR 2527, January 10,

1995, remains as published and will be effective March 13, 1995.

Dated: March 3, 1995.

Jane N. Saginaw,

Regional Administrator (6A).

[FR Doc. 95-5982 Filed 3-9-95; 8:45 am]

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