[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Pages 13046-13047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5982]



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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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