Clean Air Act Interim Approval of Operating Permits Program; Delegation of Section 112 Standards; State of New Hampshire

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[AD-FRL-5619-4]

Clean Air Act Interim Approval of Operating Permits Program;

Delegation of Section 112 Standards; State of New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final interim approval.

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SUMMARY: The EPA is promulgating interim approval of the Operating

Permits Program submitted by the State of New Hampshire for the purpose

of complying with Federal requirements for an approvable State program

to issue operating permits to all major stationary sources, and to

certain other sources.

EFFECTIVE DATE: November 1, 1996.

ADDRESSES: Copies of the State's submittal and other supporting

information used in developing the final interim approval are available

for inspection during normal business hours at the following location:

U.S. Environmental Protection Agency, Region 1, One Congress Street,

11th floor, Boston, MA 02203.

FOR FURTHER INFORMATION CONTACT: Ida E. Gagnon, Air Permits Program,

CAP, U.S. Environmental Protection Agency, Region 1, JFK Federal

Building, Boston, MA 02203-2211, (617) 565-3500.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

Title V of the 1990 Clean Air Act Amendments (sections 501-507 of

the Clean Air Act (``the Act'')), and implementing regulations at 40

Code of Federal Regulations (CFR) Part 70 require that States develop

and submit operating permits programs to EPA by November 15, 1993, and

that EPA act to approve or disapprove each program within 1 year after

receiving the submittal. 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.

On August 14, 1996, EPA proposed interim approval of the operating

permits program for the State of New Hampshire. See 61 FR 42222. The

[[Page 51371]]

August 14, 1996 document also proposed approval of New Hampshire's

mechanism for implementing section 112(g) and for delegation of section

112 standards as promulgated. EPA did not receive any comments on the

proposal. In this document EPA is taking final action to promulgate

interim approval of the operating permits program, and approving the

section 112(g) and section 112(l) mechanisms noted above for the State

of New Hampshire.

II. Final Action and Implications

A. Final Action

The EPA is promulgating interim approval of the operating permits

program submitted to EPA for the State of New Hampshire on October 26,

1995. Among other things, New Hampshire has demonstrated that the

program will be adequate to meet the minimum elements of a State

operating permits program as specified in 40 CFR Part 70. The State

must make the changes specified in the proposed rulemaking, under

II.B., Proposed Action, in order to be granted full approval.

This interim approval 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 under the Act 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.

The scope of the New Hampshire Part 70 program applies to all Part

70 sources (as defined in the approved program) within the State of New

Hampshire, except any sources of air pollution over which an Indian

Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-18 (Nov. 9,

1994). The term ``Indian Tribe'' is defined under the Act as ``any

Indian tribe, band, nation, or other organized group or community,

including any Alaska Native village, which is Federally recognized as

eligible for the special programs and services provided by the United

States to Indians because of their status as Indians.'' See section

302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25, 1994); 58 FR

54364 (Oct. 21, 1993).

EPA is approving New Hampshire's authority to implement and enforce

section 112 standards at Part 70 sources. Requirements for operating

permit program approval, specified in 40 CFR 70.4(b), encompass section

112(l)(5) requirements for approval of a program for delegation of

section 112 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 has also granted approval under section

112(l)(5) and 40 CFR 63.91 of the State's program for receiving

delegation of section 112 standards that are unchanged from Federal

standards as promulgated. This program for delegations only applies to

sources covered by the Part 70 program.

III. Administrative Requirements

A. Docket

Copies of the State's submittal and other information relied upon

for the final 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 final interim approval. The docket is available

for public inspection at the location listed under the ADDRESSES

section of this document.

B. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by December 2, 1996. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2))

D. Executive Order 12866

The Office of Management and Budget has exempted this action from

Executive Order 12866 review.

E. 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.

F. Unfunded Mandates

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 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

preexisting 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.

Dated: September 23, 1996.

John P. DeVillars,

Regional Administrator, Region I.

Part 70, title 40 of the Code of Federal Regulations is amended as

follows:

PART 70--[AMENDED]

1. The authority citation for Part 70 continues to read as follows:

[[Page 51372]]

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

2. Appendix A to Part 70 is amended by adding the entry for New

Hampshire in alphabetical order to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating

Permits Programs

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New Hampshire

(a) Department of Environmental Services: submitted on October 26,

1995; interim approval effective on November 1, 1996.

(b) (Reserved)

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[FR Doc. 96-25231 Filed 10-1-96; 8:45 am]

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