[Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]
[Proposed Rules]
[Pages 48944-48948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23435]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70

[AD-FRL-5300-5]


Title V Clean Air Act Proposed Interim Approval of Operating 
Permits Program; State of Delaware

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Interim Approval.

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SUMMARY: EPA is proposing interim approval of the operating permits 
program submitted by the State of Delaware. This program was submitted 
by the State for the purpose of complying with federal requirements 
which mandate that states develop, and submit to EPA, programs for 
issuing operating permits to all major stationary sources, and to 
certain other sources.

DATES: Comments on this proposed action must be received in writing by 
October 23, 1995.

ADDRESSES: Comments should be addressed to Robin M. Moran, (3AT23), 
Air, Radiation and Toxics Division, U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, PA 19107.
    Copies of the State of Delaware's submittal and other supporting 
information used in developing the proposed interim approval are 
available for inspection during normal business hours at the following 
location: Air, Radiation, and Toxics Division, U.S. Environmental 
Protection Agency, Region III, 841 Chestnut Building, Philadelphia, PA 
19107.

FOR FURTHER INFORMATION CONTACT: Robin M. Moran, (3AT23), Air, 
Radiation and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, PA 19107, (215) 597-
3023.

SUPPLEMENTARY INFORMATION:

I. Background

A. Introduction

    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 and the corresponding 
standards and procedures by which EPA will approve, oversee, and 
withdraw approval of state operating permits programs (see 57 FR 32250, 
July 21, 1992). These rules are codified at 40 Code of Federal 
Regulations (CFR) Part 70. Title V requires states to develop, and 
submit to EPA, programs for issuing these operating permits to all 
major stationary sources and to certain other sources. Due to pending 
litigation over several aspects of the Part 70 rule which was 
promulgated on July 21, 1992, Part 70 is in the process of being 
revised. When the final revisions to Part 70 are promulgated, the 
requirements of the revised Part 70 will define EPA's criteria for the 
minimum elements of an approvable state operating permits program and 
the corresponding standards and procedures by which EPA will approve, 
oversee, and withdraw approval of state operating permits program 
submittals. Until the date which the revisions to Part 70 are 
promulgated, the currently effective July 21, 1992 version of Part 70 
shall be used as the basis for EPA review.

B. Federal Oversight and Sanctions

    The CAA requires that states develop and submit these programs to 
EPA by November 15, 1993, and that EPA act to approve or disapprove 
each program within 1 year after receiving the submittal. EPA's program 
review occurs pursuant to section 502 of the CAA and Part 70, 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, EPA must establish 
and implement a federal operating permits program.
    Following final interim approval, if the State fails to submit a 
complete corrective program for full approval by 6 months before the 
interim approval period expires, EPA would start an 18-month clock for 
mandatory sanctions. If the State then failed to submit a complete 
corrective program before the expiration of that 18-month period, EPA 
would be required to apply one of the sanctions in section 179(b) of 
the CAA. Such a sanction would remain in effect until EPA determined 
that the State had corrected the deficiency by submitting a complete 
corrective program. Moreover, if the Administrator found a lack of good 
faith on the part of the State, both sanctions under section 179(b) 
would apply after the expiration of the 18-month period until the 
Administrator determined that the State had come into compliance. In 
any case, if, six months after application of the first sanction, the 
State still had not submitted a corrective program that EPA found 
complete, a second sanction would be required.
    If, following final interim approval, EPA were to disapprove the 
State's complete corrective program, EPA would be required to apply one 
of the section 179(b) sanctions on the date 18 months after the 
effective date of the disapproval, unless prior to that date the State 
had submitted a revised program and EPA had determined that this 
program corrected the deficiencies that prompted the disapproval. 
Moreover, if the Administrator found a lack of good faith on the part 
of the State, both sanctions under section 179(b) would apply after the 
expiration of the 18-month period until the Administrator determined 
that the State had come into compliance. In all cases, if, six months 
after EPA applied the first sanction, the State had not submitted a 
revised program that EPA had determined corrected the deficiencies that 
prompted 

[[Page 48945]]
disapproval, a second sanction would be required.
    In addition, discretionary sanctions may be applied where warranted 
any time after the end of an interim approval period if the State has 
not timely submitted a complete corrective program or EPA has 
disapproved a submitted corrective program. Moreover, if EPA has not 
granted full approval to a State program by the expiration of an 
interim approval period, EPA must promulgate, administer and enforce a 
federal operating permits program for the State upon the date the 
interim approval period expires.

C. State of Delaware's Submittal

    On November 15, 1993, the State of Delaware submitted an operating 
permits program for review by EPA. The submittal was supplemented by 
additional materials on November 22, 1993, and was found to be 
administratively incomplete pursuant to 40 CFR 70.4(e)(1) on January 
18, 1994. Additional materials were submitted on February 9, 1994, and 
May 15, 1995. Based on additional information received in the May 15, 
1995, submittal, EPA found the submittal to be administratively 
complete on May 19, 1995. The State submitted supplemental information 
on September 5, 1995. The submittal includes a letter from the 
Secretary of the Department of Natural Resources and Environmental 
Control requesting approval of the State's Title V program, a 
description of the State's Title V program, permitting regulations, an 
Attorney General's legal opinion, permitting program documentation, a 
permit fee demonstration, a description of compliance tracking and 
enforcement program, and provisions implementing the requirements of 
other Titles of the CAA.

II. Summary and Analysis of the State of Delaware's Submittal

    The analysis contained in this notice focuses on the major portions 
of the State's operating permits program submittal, including 
regulations and program implementation, variances, insignificant 
activities, permit fee demonstration, and provisions implementing the 
requirements of Titles III and IV of the CAA. Specifically, this notice 
addresses the deficiencies in the State's submittal which will need to 
be corrected prior to full approval by EPA. These deficiencies as well 
as other issues related to the State's operating permit program are 
discussed in detail in the Technical Support Document (TSD). The full 
program submittal and the TSD are available for review as part of the 
public docket. The docket may be viewed during regular business hours 
at the EPA Region III office listed in the ADDRESSES section of this 
notice.

A. Regulations and Program Implementation

    The State of Delaware's operating permit program is primarily 
defined by Regulation No. 30, ``Title V State Operating Permit 
Program,'' which is part of the State of Delaware ``Regulations 
Governing the Control of Air Pollutants.'' Provisions for enforcement 
authority are located at 7 Del. C., Chapter 60. The following analysis 
of the State's operating permit regulations corresponds directly with 
the format and structure of Part 70.
    Secs. 70.4 and 70.6 Permit Content. The State's regulations 
substantially meet the requirements of 40 CFR 70.4 and 40 CFR 70.6 for 
permit content. The following changes must be made to Regulation No. 30 
in order to fully meet the requirements of 40 CFR 70.4 and 40 CFR 70.6:
    1. Delaware must revise Regulation 30, Section 6(f) to address the 
scope of the permit shield provision, consistent with Part 70, as 
described below. The permit shield provision of 40 CFR 70.6(f)(1) 
provides that the permitting authority may expressly include in a 
permit a provision stating that compliance with the conditions of the 
permit shall be deemed compliance with any applicable requirements as 
of the date of permit issuance. Delaware's Regulation 30, Section 6(f) 
provides that a source may request that the Department include in the 
Part 70 permit a provision stating that compliance with the terms and 
conditions of the permit shall constitute compliance with ``7 Del. C., 
Chapter 60, for the discharge of any air contaminant specifically 
identified in the permit application as of the day of permit 
issuance.'' The extent of the permit shield is inconsistent with Part 
70 for the following reasons.
    First, as written in Regulation 30, the permit shield would apply 
to any air contaminant specifically identified in the permit 
application as of the day of permit issuance, rather than any 
applicable requirement of the final permit. Thus, the extent of the 
permit shield is too broad, because a source may include provisions in 
its permit application that are removed or made more stringent by the 
permitting authority upon issuance of the final permit. Delaware must 
revise Regulation 30 to make it clear that the permit shield applies to 
any applicable requirement as of the date of permit issuance. Part 
70.6(f)(1)(i) and (ii) also require, as a condition of granting a 
permit shield, that the applicable requirements must be included and 
specifically identified in the permit, or that the permitting authority 
determines in writing that other requirements specifically identified 
are not applicable to the source, and the permit includes a 
determination or a concise summary thereof. Regulation 30 also must be 
revised to include these provisions.
    Second, the reference to ``7 Del. C., Chapter 60, for the discharge 
of any air contaminant'' appears to extend the permit shield to any 
requirement of the Delaware Water and Air Resources Act, which is 
broader than ``any applicable requirement'' as defined by Part 70. The 
definition of ``air contaminant'' in 7 Del. C., Chapter 60, 
Sec. 6002(2), means ``particulate matter, dust, fumes, gas, mist, smoke 
or vapor or any combination thereof, exclusive of uncombined water.'' 
For consistency with Part 70, Delaware must revise the reference to ``7 
Del. C., Chapter 60, for the discharge of any air contaminant'' to 
``any applicable requirement'' consistent with Sec. 70.6(f)(1).
    Sec. 70.7 Permit Issuance, Renewal, Reopenings, and Revisions. The 
State's regulations substantially meet the requirements of 40 CFR 70.7. 
The following changes must be made to Regulation No. 30 in order to 
fully meet the requirements of 40 CFR 70.7:
    1. Delaware must revise Regulation 30, Section 7(d)(1)(v) to ensure 
that any preconstruction review permit requirements that are 
incorporated into a Title V permit through the administrative permit 
amendment procedure have undergone the procedural requirements 
specified in 40 CFR 70.7(d)(1)(v). This section provides that the State 
may include as a change under an administrative permit amendment, the 
incorporation of requirements from preconstruction review permits under 
an EPA-approved program, provided that the program meets procedural 
requirements for permit issuance, including public, EPA, and affected 
State review, substantially equivalent to the Part 70 program 
requirements that would apply to permit modifications, and contains 
compliance requirements substantially equivalent to those contained in 
Sec. 70.6. Delaware's Regulation 30, Section 7(d)(1)(v), allows that 
the requirements from preconstruction review permits issued by the 
Department under Parts C and D of the Act or permits issued under 
Regulation No. 2 may be incorporated into the permit as an 
administrative permit amendment, when such permits were issued 
``meeting the public participation 

[[Page 48946]]
provisions of Section 7(j)''. However, Delaware's regulations do not 
require that a preconstruction permit must meet other procedural 
requirements of permit issuance, including affected state and EPA 
review, or that the permit contain compliance requirements 
substantially equivalent to those contained in 40 CFR 70.6. The 
anticipated future revisions to Part 70 may provide additional 
flexibility for the process of incorporating preconstruction review 
permits into a Title V operating permit.
    2. Delaware must revise Regulation 30, Section 7(f)(4) to require 
that permits for major sources with a remaining permit term of three 
years or more shall be reopened for cause within 18 months after a new 
applicable requirement is promulgated, consistent with 40 CFR 70.7(f). 
Delaware's Regulation 30, Section 7(f)(4) requires permit reopening 
within 18 months after promulgation of an applicable requirement, but 
applies this provision to paragraph (1)(iii) only, which pertains to 
new applicable requirements for affected sources under the acid rain 
program. Section 7(f)(4) should refer to paragraph (1)(ii), which 
pertains to major sources with a permit term of more than 3 years.
    3. Delaware must revise Regulation 30, Section 7(j)(4) to require 
that the Department shall give notice of any public hearing at least 30 
days in advance of the hearing, consistent with 40 CFR 70.7(h)(4). As 
currently written, Section 7(j)(4) provides that any public hearing 
shall be held no earlier than the 31st day following publication of the 
public notice. However, the public notice is not required to provide 
notice that a hearing is scheduled; according to Section 7(j)(2), the 
public notice must include the time and place of the hearing or a 
statement of procedures to request a hearing. Section 7(j)(3) provides 
that the Department shall hold a hearing if the Secretary receives a 
meritorious request for a hearing within a reasonable time as stated in 
the advertisement. Regulation 30 does not provide that the Department 
shall give the public 30 days notice that a hearing will be held.
    Sec. 70.11 Requirements for Enforcement Authority. The State's 
statute substantially meets the requirements of 40 CFR 70.11 for 
enforcement authority. The following changes must be made in order to 
fully meet the requirements of 40 CFR 70.11:
    1. Delaware must revise 7 Del. C., Chapter 60, Sec. 6013(b) to 
provide that each day of violation shall be considered as a separate 
violation. 40 CFR 70.11(a)(3)(iii) requires a penalty in a maximum 
amount of not less than $10,000 per day per violation for any person 
who knowingly makes a false material statement, representation or 
certification in any form, in any notice or report required by a 
permit, or who knowingly renders inaccurate any required monitoring 
device or method. 7 Del. C., Chapter 60, Sec. 6013(b) provides, for 
these types of violations, a criminal penalty of not less than $500 nor 
more than $10,000, or by imprisonment for not more than 6 months, or 
both. Section 6013(b) of the statute does not, however, provide that 
each day of violation shall be considered as a separate violation.

B. Variances

    Section 3(f) of Regulation 30 states that ``any determination by 
the Secretary to not require a permit under 7 Del. C., Chapter 60, 
Section 6003(e), or any variance granted by the Secretary under 7 Del. 
C., Chapter 60, Section 6011, shall not apply to this rule until such 
time as the exemption or variance is approved by the Administrator.'' 
EPA has no authority to approve provisions of State law that are 
inconsistent with the CAA. EPA does not recognize the ability of a 
permitting authority to grant relief from the duty to comply with a 
federally enforceable Part 70 permit, except where such relief is 
granted through procedures allowed by Part 70. EPA reserves the right 
to enforce the terms of the Part 70 permit where the permitting 
authority purports to grant relief from the duty to comply with a Part 
70 permit in a manner inconsistent with Part 70 procedures.

C. Insignificant Activities

    Appendix A of Regulation No. 30 contains a list of 33 insignificant 
activities. Appendix A provides that any information required by the 
permit application need not be submitted for these insignificant 
activities; however, the source must provide a list of any activities 
that are excluded from the permit application because of size, emission 
rate, or production rate. Section 5(c) requires that an application may 
not omit information needed to determine the applicability of, or to 
impose, any applicable requirement, including those that become 
applicable after the effective date of this regulation. Section 5(c) 
also requires that emissions from the insignificant activities shall be 
included when determining whether a source is subject to Regulation No. 
30, or when determining the applicability of any applicable 
requirement.

D. Permit Fee Demonstration

    7 Del. C., Chapter 60, section 6097 requires owners or operators of 
sources subject to Title V to pay annual fees to be used solely to 
carry out Title V activities. The statute establishes 13 fee 
categories, each category is defined by progressively increasing 
emission ranges. As stated in a May 15, 1995 letter from the Secretary 
of DNREC, the State's fee calculation, based on 1990 emissions 
inventory data, demonstrates that approximately $2.15 million will be 
raised through the fee program. The State believes that revenues will 
be able to cover the estimated costs of the program. The State 
estimates that total emissions from Title V facilities applicable to 
the fees is 59,656 tons per year. Therefore, the average fee is 
estimated at $36.00 per ton for calendar year 1995, which is above the 
presumptive minimum of $25.00 per ton based on 1989 dollars.

E. Provisions Implementing the Requirements of Title III

    Implementing Title III Standards through Title V Permits. Under 7 
Del. C., Chapter 60, Sec. 6003, and Regulation No. 30, Section 3(a) and 
6(a), the State of Delaware has demonstrated in its Title V program 
submittal broad legal authority to incorporate into permits and enforce 
all applicable requirements. In its November 15, 1993, submittal, 
Delaware agreed to ``expeditiously adopt any new authority needed to 
implement future applicable requirements. This will include 
requirements promulgated under Section 112 of [the Act].'' This 
commitment is stated in the narrative description of Delaware's 
program, Section VIII (Other Provisions of the Act - Toxics and 
Enhanced Monitoring). EPA has determined that this commitment, in 
conjunction with the State of Delaware's broad statutory authority, 
adequately assures compliance with all the CAA's section 112 
requirements. EPA regards this commitment as an acknowledgement by the 
State of Delaware of its obligation to obtain further legal authority 
as needed to issue permits that assure compliance with the CAA's 
section 112 applicable requirements. This commitment does not 
substitute for compliance with Part 70 requirements that must be met at 
the time of program approval.
    EPA interprets the above legal authority and commitment to mean 
that the State of Delaware will be able to carry out all of the CAA's 
section 112 activities. For further rationale on this interpretation, 
please refer to the TSD accompanying this rulemaking which is located 
in the public docket and the April 13, 1993 guidance memorandum titled 
``Title V Program Approval Criteria for Section 112 Activities,'' 

[[Page 48947]]
signed by John Seitz, Director, Office of Air Quality Planning and 
Standards, Office of Air and Radiation, USEPA.
    Implementation of 112(g) Upon Program Approval. EPA is proposing to 
approve the State of Delaware's operating permits program for the 
purpose of implementing section 112(g) during the transition period 
between federal promulgation of a section 112(g) rule and State 
adoption of 112(g) implementing regulations. EPA had until recently 
interpreted the CAA to require sources to comply with section 112(g) 
beginning on the date of approval of the Title V program regardless of 
whether EPA had completed its section 112(g) rulemaking. EPA has since 
revised this interpretation of the CAA as described in a February 14, 
1995 Federal Register notice (see 60 FR 83333). The revised 
interpretation postpones the effective date of section 112(g) until 
after EPA has promulgated a rule addressing that provision. The 
rationale for the revised interpretation is set forth in detail in the 
February 14, 1995 interpretive notice.
    The section 112(g) interpretive notice explains that EPA is still 
considering whether the effective date of section 112(g) should be 
delayed beyond the date of promulgation of the federal rule to allow 
states time to adopt rules implementing the federal rule, and that EPA 
will provide for any such additional delay in the final section 112(g) 
rulemaking. Unless and until EPA provides for such an additional 
postponement of section 112(g), the State must be able to implement 
section 112(g) during the transition period between promulgation of the 
federal section 112(g) rule and adoption of implementing State 
regulations.
    EPA believes that, although the State currently lacks a program 
designed specifically to implement section 112(g), the State's 
Regulation No. 30 permit program will serve as an adequate 
implementation vehicle during a transition period because it will allow 
the State to select control measures that would meet Maximum Achievable 
Control Technology (MACT) on a case-by-case basis, as defined in 
section 112, and incorporate these measures into federally enforceable 
source-specific permits. Section 112(g) requirements for case-by-case 
MACT determinations are governed by the provisions of Section 
5(a)(1)(iv) and the Section 2 definition of ``Applicable requirement'' 
(item 4). However, in accordance with the provisions of section 112(g), 
the Section 5(a)(1)(iv) requirement to obtain an operating permit or 
permit revision within twelve (12) months after commencing operation 
must instead be satisfied prior to construction during the transition 
period.
    This proposed approval clarifies that the operating permits program 
is available as a mechanism to implement section 112(g) during the 
transition period between promulgation of the section 112(g) rule and 
adoption by the State of Delaware of rules established to implement 
section 112(g). EPA is proposing to limit the duration of this approval 
to an outer limit of 18 months following promulgation by EPA of the 
section 112(g) rule. Comment is solicited on whether 18 months is an 
appropriate period taking into consideration the State's procedures for 
adoption of regulations.
    However, since this proposed approval is for the single purpose of 
providing a mechanism to implement section 112(g) during the transition 
period, the approval itself will be without effect if EPA decides in 
the final section 112(g) rule that sources are not subject to the 
requirements of the rule until State regulations are adopted.
    Although section 112(l) generally provides the authority for 
approval of state air toxics programs, Title V and section 112(g) 
provide authority for this limited approval because of the direct 
linkage between implementation of section 112(g) and Title V.
    If the State of Delaware does not wish to implement section 112(g) 
through its Regulation No. 30 permit program and can demonstrate that 
an alternative means of implementing section 112(g) exists during the 
transition period, EPA may, in the final action approving the State of 
Delaware's Part 70 program, approve the alternative instead.
    Program for Straight Delegation of Section 112 Standards. 
Requirements for 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 promulgated by EPA as they apply to Part 70 
sources. Section 112(l)(5) requires that the state programs contain 
adequate authorities, adequate resources for implementation, and an 
expeditious compliance schedule, which are also requirements under Part 
70. Therefore, EPA is also proposing to grant approval under section 
112(l)(5) and 40 CFR 63.91 of the State of Delaware's program for 
receiving delegation of section 112 standards that are unchanged from 
the federal standards as promulgated. For EPA-promulgated rules which 
are applicable to sources in the State, the State intends to request 
delegation after adopting the rules. The details of this delegation 
mechanism will be established prior to delegating any section 112 
standards under the State's approved section 112(l) program for 
straight delegation. This program applies to both existing and future 
standards but is limited to sources covered by the Part 70 program.

F. Title IV Provisions/Commitments

    As part of the program submittal, the State of Delaware committed 
to submit all missing portions of the Title IV acid rain program by 
January 1, 1995. Delaware did not meet the January 1, 1995 date for 
submitting its Title IV program. EPA requested the State to submit a 
revised commitment for submitting the Title IV acid rain program. On 
September 5, 1995, the State submitted a letter committing to adopt and 
submit to EPA their acid rain program by July 1, 1996.

III. Request for Public Comments

    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking final action. Interested parties may participate in this 
federal rulemaking action by submitting written comments to the EPA 
Regional office listed in the ADDRESSES section of this document.

Proposed Action

    EPA is proposing to grant interim approval to the operating permits 
program submitted by the State of Delaware on November 15, 1993, with 
supplemental submittals on November 22, 1993, February 9, 1994, May 15, 
1995, and September 5, 1995. The scope of the State's Part 70 program 
applies to all Part 70 sources (``covered sources'' as defined in the 
State's program) within the State, except for 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 
CAA 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). Prior to full approval by EPA, the 
State must make the following changes:
    1. Revise Regulation 30, Section 6(f), to be consistent with the 
scope of the permit shield provision of 40 CFR 70.6(f)(1).
    2. Revise Regulation 30, Section 7(d)(1)(v), to ensure that any 
preconstruction review permit requirements that are incorporated into a 
Title V permit through the 

[[Page 48948]]
administrative permit amendment procedure meet the provisions of 40 CFR 
70.7(d)(1)(v).
    3. Revise Regulation 30, Section 7(f)(4) to require that permits 
for major sources with a permit term of three years or more shall be 
reopened for cause within 18 months after a new applicable requirement 
is promulgated, consistent with 40 CFR 70.7(f).
    4. Revise Regulation 30, Section 7(j)(4) to require that the 
Department shall give notice of any public hearing at least 30 days in 
advance of the hearing, consistent with 40 CFR 70.7(h)(4).
    5. Revise the Delaware Water and Air Resources Act, 7 Del. C., 
Chapter 60, section 6013(b) to provide that each day of violation shall 
be considered as a separate violation, consistent with 40 CFR 70.11.
    This interim approval, which may not be renewed, extends for a 
period of up to 2 years. During the interim approval period, Delaware 
is protected from sanctions for failure to have a fully approved Title 
V, Part 70 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 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.
    Requirements for approval, specified in 40 CFR 70.4(b), encompass 
the CAA's section 112(l)(5) requirements for approval of a program for 
delegation of section 112 standards applicable to Part 70 sources as 
promulgated by EPA. 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, EPA is also proposing under section 112(l)(5) and 40 CFR 
63.91 to grant approval 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.
    The Office of Management and Budget has exempted this action from 
Executive Order 12866 review.
    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 to 
propose interim approval of the State of Delaware's operating permits 
program pursuant to Title V of the CAA and 40 CFR part 70 does not 
impose any new requirements, it does not have a significant impact on a 
substantial number of small entities.

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.

    Authority: 42 U.S.C. 7401-7671q.
    Dated: September 13, 1995.
Stanely L. Laskowski,
Acting Regional Administrator.
[FR Doc. 95-23435 Filed 9-20-95; 8:45 am]
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