Title V Clean Air Act Non-Substantial Program Revision to Operating Permits Program; West Virginia

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5851-2]

Title V Clean Air Act Non-Substantial Program Revision to

Operating Permits Program; West Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intended Title V program revision.

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

SUMMARY: EPA is intending to approve a revision to West Virginia's

Title V operating permits program. The revision consists of changes to

the list of activities West Virginia would like to consider as

``insignificant activities'' for purposes of preparing Title V permit

applications.

DATES: Comments must be received in writing by August 7, 1997.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

Air, Radiation, and Toxics Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania

19107.

Comments should be mailed to Kathleen Henry, Chief, Permit Programs

Section, Mailcode 3AT23, U.S. Environmental Protection Agency, Region

III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107.

FOR FURTHER INFORMATION CONTACT: Jennifer M. Abramson at (215) 566-

2066, or by e-mail at Abramson.J[email protected].

SUPPLEMENTARY INFORMATION: As required under Title V of the Clean Air

Act (CAA) as amended (1990), EPA has promulgated rules which define the

minimum elements of an approvable state operating permits program.

These rules are codified at 40 CFR part 70 and include the

corresponding standards and procedures by which EPA shall approve both

initial state programs submittals, and subsequent program revisions.

EPA intends to approve West Virginia's program revision pursuant to the

procedures described in 40 CFR part 70, section 70.4(i), applicable to

non-substantial program revisions.

West Virginia's Title V operating permits program was granted final

interim approval on November 15, 1995 (see 60 FR 57352). Under this

program, the State is authorized to add new activities to its

insignificant activity list without having to undergo rulemaking. On

February 11, 1997, in accordance with the conditions set forth in EPA's

final rulemaking action granting interim approval, West Virginia

submitted for EPA approval a program revision consisting of changes to

the list of activities the State would like to consider as

``insignificant activities.'' 1 The changes include: (1) The

addition of several new insignificant activities which have been

designated as ``trivial'' in EPA's July 10, 1995, guidance memorandum

entitled ``White Paper for Streamlined Development of Part 70 Permit

Applications'; (2) a new provision allowing emissions units which are

not subject to any applicable requirements, and which emit less than

1(one) pound per hour of criteria pollutants and less than 10,000

pounds per year aggregate per criteria pollutant to be considered

``insignificant'; and (3) a new provision allowing emissions units

which are not subject to any applicable requirements, which do not emit

either dioxin/furans or ``toxic air pollutants'' pursuant to West

Virginia's state air toxics rule, and which emit less than 0.1 (one-

tenth) pounds per hour of hazardous air pollutants (HAPs) and less than

1,000 pounds per year aggregate for all HAPs to be considered

``insignificant.''

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

\1\ This program revision was not submitted to serve as a

``corrective program'' to satisfy the interim approval issues set

forth in EPA's final rulemaking notice published on November 15,

1995, or to meet the anticipated changes to the part 70 rule.

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

West Virginia's February 11, 1997 submittal consisted of a

comprehensive list of the activities the State would like to consider

as ``insignificant activities.'' EPA intends to approve only the

activities described above, which represent changes to West Virginia's

insignificant activity list. EPA previously reviewed all remaining

activities as part of West Virginia's initial Title V operating permits

program submittal. Approval of the changes to West Virginia's

insignificant activity list shall not impact the approval status of the

activities which were submitted as part of West Virginia's initial

Title V operating permits program (see 60 FR 57352).

Dated: June 18, 1997.

Stanley Laskowski,

Acting Regional Administrator

[FR Doc. 97-17188 Filed 7-7-97; 8:45 am]

BILLING CODE 6560-50-P