[Federal Register Volume 59, Number 198 (Friday, October 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25228]


[[Page Unknown]]

[Federal Register: October 14, 1994]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[FRL-5090-2]

 

Operating Permits Program Interim Approval Criteria

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of comment period for proposal to revise interim 
approval criteria for operating permits programs.

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

SUMMARY: On August 29, 1994, EPA proposed in the Federal Register (59 
FR 44572) revisions to the interim approval criteria within the 
regulations in part 70 of chapter I of title 40 of the Code of Federal 
Regulations. The comment period provided in that notice was 30 days and 
closed on September 28, 1994. Today's action extends that comment 
period an additional 30 days until October 28, 1994.

DATES: Comments on the regulatory changes to the interim approval 
criteria proposed on August 29, 1994 must be received by October 28, 
1994.

ADDRESSES: Comments must be mailed (in duplicate if possible) to: EPA 
Air Docket (LE-131), Attn: Docket No. A-93-50, room M-1500, Waterside 
Mall, 401 M Street SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Michael Trutna (telephone 919/541-
5345), mail drop 15, United States Environmental Protection Agency, 
Office of Air Quality Planning and Standards, Air Quality Management 
Division, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: Part 70 contains regulations requiring 
States to develop, and submit to EPA for approval, programs for issuing 
operating permits to major, and certain other, stationary sources of 
air pollution. The minimum elements of operating permits programs are 
contained in part 70 which was promulgated on July 21, 1992 (57 FR 
32250). If a submitted program does not fully meet the requirements of 
part 70, full approval of the program cannot be granted by EPA. If a 
program, however, ``substantially meets'' the provisions of part 70, 
the program can be granted interim approval giving the permitting 
authority a period of time to revise its program and correct 
deficiencies identified by EPA. Full approval could then be granted 
before expiration of the interim approval and possible application of 
sanctions. The criteria EPA will use in determining if a program can be 
granted interim approval are listed in Sec. 70.4(d) of the part 70 
regulations.
    The August 29, 1994 proposal would change the interim approval 
criteria in Sec. 70.4(d) with respect to the procedures for revising 
operating permits to reflect changes that are subject to 
preconstruction review under programs adopted by States pursuant to 
section 110(a)(2)(C) of the Clean Air Act and approved by EPA into 
their State Implementation Plans. Such changes are termed ``minor new 
source review (NSR)'' changes. The EPA has solicited comment on whether 
operating permit programs which provide for adopting minor NSR changes 
into operating permits through the part 70 minor permit modification 
process are consistent with the requirements of part 70. The part 70 
regulations provide, among other things, that a change that is a 
``modification under any provision of title I of the Act'' is not 
eligible for the minor permit modification process. The Agency has 
solicited comment on whether minor NSR changes are ``modifications 
under any provision of title I.'' Under the proposed changes to the 
interim approval criteria, EPA would be able to grant interim approval 
to operating permits programs that do not treat minor NSR changes as 
title I modifications, even if EPA determines that minor NSR changes 
are title I modifications. By granting interim approval, EPA would be 
providing permitting authorities up to 18 months (i.e., the program 
corrections would be due to EPA at least 6 months prior to expiration 
of the interim approval which could be granted for up to 2 years) to 
correct these program provisions.
    Several requests for an extension of the comment period on the 
interim approval criteria notice were received soon after publication 
of the proposal notice. Because of the significance of the issues 
(e.g., the definition of title I modification), these commenters felt 
the 30-day comment period provided was not long enough to prepare their 
comments. In another Federal Register document also published on August 
29 (59 FR 44460), EPA has proposed to add a definition of title I 
modification to the part 70 regulations. That document provides a 90-
day comment period. However, EPA must resolve the issue of the proper 
definition of title I modification in order to complete the interim 
approval criteria rulemaking, since that issue bears on the decision to 
change the criteria as proposed. The Agency is required to begin making 
final decisions on the approvability of part 70 programs in the next 
several months, so EPA must complete the interim approval criteria 
rulemaking soon. In view of that timeframe, EPA is extending the 
comment period on the interim approval criteria rulemaking by 30 days, 
until October 28. Anyone wishing to submit comments on the definition 
of title I modification should submit their comments on that issue by 
October 28. The Agency will make its determination on the title I 
modification definition based on comments received on the interim 
approval criteria notice. Both of the August 29 proposals have the same 
docket number (A-93-50).

    Dated: October 4, 1994.
Robert D. Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 94-25228 Filed 10-13-94; 8:45 am]
BILLING CODE 6560-50-P