[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Rules and Regulations]
[Pages 39877-39881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19420]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 55 and 71

[FRL-5545-1]


State and Local Jurisdictions Where a Federal Operating Permits 
Program Is Effective on July 31, 1996

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of States and local jurisdictions subject to 40 CFR 
parts 55 and 71.

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SUMMARY: On July 1, 1996, pursuant to title V of the Clean Air Act 
(Act) as amended in 1990, EPA published a new regulation at 61 FR 34202 
(codified as 40 CFR part 71) setting forth the procedures and terms 
under which the Administrator will issue operating permits to covered 
stationary sources. This rule, called the ``Part 71 rule,'' becomes 
effective on July 31, 1996. In general, the primary responsibility for 
issuing operating permits to sources rests with State, local, and 
Tribal air agencies. However, EPA will administer a Federal operating 
permits program in areas that lack an EPA-approved or adequately 
administered operating permits program and in other limited situations. 
The Federal operating permits program will serve as a ``safety net'' to 
ensure that sources of air pollution are meeting their permitting 
requirements under the Act. Federally-issued permits will meet the same 
title V requirements as do state-issued permits. The purpose of this 
document is to provide the names of those State and local jurisdictions 
where a Federal operating permits program is effective on July 31, 
1996.

FOR FURTHER INFORMATION CONTACT: Scott Voorhees at (919) 541-5348.

SUPPLEMENTARY INFORMATION:

I. Background, Authority and Purpose

    Title V of the Act as amended in 1990 (42 U.S.C. 7661 et seq.) 
directs States to develop, administer, and enforce operating permits 
programs that comply with the requirements of title V (section 
502(d)(l)). Section 502(b) of the Act requires that EPA promulgate 
regulations setting forth provisions under which States develop 
operating permits programs and submit them to EPA for approval. 
Pursuant to this section, EPA promulgated 40 CFR part 70 on July 21, 
1992 (57 FR 32250), which specifies the minimum elements of approvable 
State operating permits programs.
    Sections 502(d)(3) and 502(i)(4) of the Act require EPA to 
promulgate a Federal operating permits program when a State does not 
obtain approval of its program within the timeframe set by title V or 
when a State fails to adequately administer and enforce an approved 
program. The part 71 rule published on July 1, 1996 establishes a 
national template for a Federal operating permits program that EPA will 
administer and enforce in those situations. Part 71 also establishes 
the procedures for issuing Federal permits to sources for which States 
do not have jurisdiction (e.g., Outer Continental Shelf sources outside 
of State jurisdictions and sources located in Indian Country over which 
EPA or Indian Tribes have jurisdiction). In addition, part 71 
establishes the procedures to be used when EPA must take action on a 
permit that has been proposed or issued by an approved part 70 
permitting authority but that EPA determines is not in compliance with 
the applicable requirements of the Act. Finally, part 71 provides for 
delegation of certain duties that may provide for a smoother program 
transition when part 70 programs are approved.
    This notice makes frequent use of the term ``State.'' This term 
includes a State or a local air pollution control agency that would be 
the permitting authority for a part 70 permit program. The term 
``permitting authority'' can refer to State, local, or Tribal agencies 
and may also apply to EPA, where the Agency is the permitting authority 
of record.

II. Description of Action

    The EPA is, by this notice, providing a list of State and local 
jurisdictions where EPA will assume responsibility to issue permits, 
effective as of July 31, 1996. Included are three U.S. territories 
where EPA is assuming responsibility to issue permits to major sources 
of hazardous air pollutants (HAP) and solid waste incinerators. The EPA 
has received submittals from all 56 State and Territorial Agencies and 
all 60 local programs. The EPA has already approved the majority of 
operating permits programs, including 42 State

[[Page 39878]]

and 56 local programs. As a result, EPA expects that the impact of the 
Federal operating permits rule will be minimal, affecting only a few 
States that do not yet have approved programs in place. Moreover, EPA 
expects that several of the States identified in this notice will have 
their programs approved before significant resources would need to be 
expended in implementing Federal programs in those States.
    The EPA has worked closely with stakeholders, including 
representatives from industry and environmental groups, and State and 
local agencies, over the past 2 years to streamline and improve the 
title V operating permits program. The EPA has proposed a series of 
initiatives, including revisions to its part 70 operating permits rule 
and two important guidance documents (``White Papers''), that EPA 
expects will significantly streamline and simplify the process for 
revising operating permits and other provisions of the program, and 
reduce recordkeeping and reporting requirements.
    The Federal operating permits rule also provides a mechanism for 
improving air quality management in areas in Indian Country under the 
jurisdiction of EPA or Indian Tribes, where tribal resources may be 
unavailable to implement operating permits programs.
    Section 71.5(b)(1) of part 71 provides that a timely application is 
one that is submitted within 12 months or an earlier date after the 
source becomes subject to the part 71 program. Because part 71 is 
effective on July 31, 1996, sources are required to submit part 71 
permit applications no later than July 31, 1997. Sources required to 
submit applications earlier than 12 months will be notified in advance 
by the permitting authority (whether it is EPA or a State in the case 
of a delegated part 71 program) and given a reasonable time to submit 
their applications. In no case will this notice be given less than 180 
days in advance of the deadline for submittal of the application.

III. List of States and Local Jurisdictions

    Connecticut--Connecticut submitted a complete program implementing 
part 70 on September 28, 1995. The EPA's Region I is currently 
reviewing the State's program and expects to propose approval of the 
State's program in the near future. The reason for the delay in 
proposing approval of Connecticut's title V program is due to the 
State's innovative approach toward addressing some of the core areas of 
a part 70 program. Until Connecticut's program receives EPA approval, 
part 71 is effective in the State. Sources should continue to work with 
the State in developing their title V applications. Although part 71 
applications are due to be submitted to the permitting authority by 
July 31, 1997 (and some may be due earlier if sources are informed of 
such by EPA, or by Connecticut if EPA delegates administration of part 
71 to the State), the part 71 application deadline will be superceded 
by the State's part 70 application deadline if EPA finalizes approval 
of Connecticut's part 70 program prior to the part 71 application 
deadline. For further information on application due dates and details 
about how to obtain and submit part 71 applications, contact Mr. Donald 
Dahl, U.S. Environmental Protection Agency, Air Permits Unit, Mail 
Code: CAP, J.F.K. Federal Building, Boston, MA 02203. Telephone: (617) 
565-4298.
    Maine--Maine submitted a complete program implementing part 70 on 
October 23, 1995. The EPA's Region I is currently reviewing the State's 
program and expects to propose approval in the near future. The reason 
for the delay in proposing approval of Maine's title V program is due 
to the State's implementing regulations which merge the part 70 
program, new source review program, and an existing state licensing 
program, together into one regulation. Until Maine's program receives 
EPA approval, part 71 is effective in the State. If EPA is unable to 
approve Maine's program within a reasonable time, EPA expects that the 
part 71 Federal operating permits program will be delegated to Maine 
for implementation. Once a delegation agreement is signed, a notice 
announcing the delegation of a part 71 program to Maine will be 
published in the Federal Register and widely-circulated newspapers in 
the State of Maine. Under a delegation, the State will be able to use 
its own application forms provided EPA finds that the State's 
application form substantially meets the application information 
requirements of part 71. Sources should continue to develop and submit 
their completed applications to the Maine Department of Environmental 
Protection.
    Similarly, sources should continue to expect to pay permit fees to 
Maine according to the State statute. Although part 71 applications are 
due to be submitted to the permitting authority by July 31, 1997 (and 
some may be due earlier if sources are informed of such by EPA, or by 
Maine if EPA delegates administration of part 71 to the State), the 
part 71 application deadline will be superceded by the State's part 70 
application deadline if EPA finalizes approval of Maine's part 70 
program prior to the part 71 application deadline. For further details 
about how to obtain and submit Maine permit applications, contact Mr. 
Marc Cone, Bureau of Air Quality Control, Maine Department of 
Environmental Protection, 17 State House Station, Augusta, Maine, 
04333-0017. Telephone: (207) 287-2437. For general information 
regarding approval of Maine's part 70 program and the applicability and 
implementation of part 71 in the State, contact Mr. Donald Dahl, U.S. 
Environmental Protection Agency, Air Permits Unit, Mail Code: CAP, 
J.F.K. Federal Building, Boston, MA 02203. Telephone: (617) 565-4298.
    New Hampshire--New Hampshire submitted a complete program 
implementing part 70 on October 26, 1995. The EPA's Region I is 
currently reviewing the State's program and expects to propose approval 
in the near future. The reason for the delay in proposing approval of 
New Hampshire's part 70 program is due to determining the impact on the 
State's part 70 program from the recently adopted State legislation 
regarding audits. Until New Hampshire's program receives EPA approval, 
part 71 is effective in the State. If EPA's Region I is unable to 
approve New Hampshire's program within a reasonable time, EPA expects 
that the part 71 Federal operating permits program will be delegated to 
New Hampshire for implementation. Once a delegation agreement is 
signed, a notice announcing the delegation of a part 71 program to New 
Hampshire will be published in the Federal Register and widely-
circulated newspapers in the State of New Hampshire. Under a 
delegation, the State will be able to use its own application forms 
provided EPA finds that the State's application form substantially 
meets the application information requirements of part 71. Sources 
should continue to submit their applications to New Hampshire and 
should continue to expect to pay permit fees according to the State 
requirements. Although part 71 applications are due to be submitted to 
the permitting authority by July 31, 1997 (and some may be due earlier 
if sources are informed of such by EPA, or by New Hampshire if EPA 
delegates administration of part 71 to the State), the part 71 
application deadline will be superceded by the State's part 70 
application deadline if EPA finalizes approval of New Hampshire's part 
70 program prior to the part 71 application deadline. For further 
information on New Hampshire permit applications, contact Mr.

[[Page 39879]]

Andrew Bodnarik, New Hampshire Air Resources Division, Department of 
Environmental Services, 64 North Maine Street, Concord, New Hampshire 
03302-2033. Telephone: (603) 271-1370. For general information 
regarding approval of New Hampshire's part 70 program and the 
applicability and implementation of part 71 in the State, contact Ms. 
Ida Gagnon, U.S. Environmental Protection Agency, One Congress Street, 
John F. Kennedy Federal Building, Boston, MA 02203-0001. Telephone: 
(617) 565-3500.
    Vermont--Vermont submitted a complete program implementing part 70 
on April 28, 1995. The EPA's Region I proposed to grant interim 
approval of Vermont's title V program on May 24, 1996 (See 61 FR 26145) 
and expects to grant final interim approval of Vermont's program within 
a reasonable time. However, until Vermont's program receives EPA 
approval, part 71 is effective in the State. The part 71 Federal 
operating permits program is expected to be delegated to Vermont for 
implementation. Once a delegation agreement is signed, a notice 
announcing the delegation of a part 71 program to Vermont will be 
published in the Federal Register and widely-circulated newspapers in 
the State of Vermont. Under a delegation, the State will be able to use 
its own application forms provided EPA finds that the State's 
application form substantially meets the application information 
requirements of part 71. Sources should continue to submit their title 
V applications to the State and continue to pay permit fees to Vermont 
according to the State statute. Although part 71 applications are due 
to be submitted to the permitting authority by July 31, 1997 (and some 
may be due earlier if sources are informed of such by EPA, or by 
Vermont if EPA delegates administration of part 71 to the State), the 
part 71 application deadline will be superceded by the State's 
application deadline if EPA finalizes approval of Vermont's part 70 
program prior to the part 71 application deadline. For further 
information on Vermont permit applications contact Mr. Brian 
Fitzgerald, Air Pollution Control Division, Agency of Natural 
Resources, Building 3 South, 103 South Main Street, Waterbury, VT 
05676-1596. Telephone: (802) 241-3840. For general information 
regarding approval of Vermont's part 70 program and the applicability 
and implementation of part 71 in the State, contact Mr. Donald Dahl, 
U.S. Environmental Protection Agency, Air Permits Unit, Mail Code: CAP, 
J.F.K. Federal Building, Boston, MA 02203. Telephone: (617) 565-4298.
    New York--New York submitted its complete part 70 permit program on 
June 17, 1996 and the Attorney General's Opinion on June 27, 1996. The 
EPA's Region II currently expects to propose approval of New York's 
part 70 program submittal in July 1996 and grant a final approval in 
October 1996. However, until New York's program receives EPA approval, 
part 71 is effective in the State. If EPA's Region II is unable to 
approve New York's program consistent with this time schedule, EPA 
expects that the part 71 Federal operating permits program will be 
delegated to New York for implementation. Once a delegation agreement 
is signed, a notice announcing the delegation of a part 71 program to 
New York will be published in the Federal Register and widely-
circulated newspapers around New York State. Sources will then utilize 
New York's application form (using the two-phase application approach 
developed by New York) and submit completed applications to the New 
York State Department of Environmental Conservation. Similarly, sources 
should continue to expect to pay permit fees to New York under the New 
York State Clean Air Compliance Act signed into law by the Governor on 
August 19, 1993. Although part 71 applications are due to be submitted 
to the permitting authority by July 31, 1997 (and some may be due 
earlier if sources are informed of such by EPA, or by New York if EPA 
delegates administration of part 71 to the State), the part 71 
application deadline will be superceded by the State's application 
deadline if EPA finalizes approval of New York's part 70 program prior 
to the part 71 application deadline. For further details about how to 
obtain and submit New York permit applications, contact Mr. John 
Higgins, New York State Department of Environmental Conservation, 50 
Wolf Road, Albany, New York, 12233. Telephone: (518) 457-7688. For 
general information regarding approval of New York's part 70 program 
and the applicability and implementation of part 71 in the State, 
contact Ms. Christine Fazio, U.S. Environmental Protection Agency, 290 
Broadway, 25th Floor, New York, NY 10007-1866. Telephone: (212) 637-
4015.
    Virginia--Virginia submitted its initial part 70 program to EPA on 
November 12, 1993, which it later supplemented. In a Federal Register 
notice published December 5, 1994 (59 Fed. Reg. 62324), EPA disapproved 
this program due in part to the issue of standing to challenge final 
permits in state court and several other issues. In early 1995 Virginia 
submitted amendments to its original part 70 submittal which did not 
address the standing issue, but which did address the other disapproval 
issues. Virginia argued that its standing provisions were adequate and 
that it had adequately addressed all other issues, and it asked EPA to 
approve its amended submittal. In a Federal Register notice published 
on September 19, 1995 (60 FR 48435), EPA again proposed to disapprove 
Virginia's submittal, again because of the issue of standing, and also 
because of certain additional new issues. Virginia has informed EPA 
that it will revise its standing provisions to meet EPA's requirements 
if the Federal Courts rule that Virginia's current standing provisions 
are inadequate, and that it will be submitting additional amendments to 
its part 70 program in an attempt to correct the program's other 
deficiencies.
    Until EPA approves a part 70 program for Virginia, part 71 is 
effective in the State. Virginia has informed EPA that it will be 
requesting that EPA delegate to it the authority to implement the 
required part 71 program. Virginia's proposal will be that EPA adopt as 
part 71 regulations for Virginia all those portions of Virginia's part 
70 regulations that meet applicable requirements, and that EPA then 
delegate to Virginia the authority to implement those regulations. The 
EPA will consider this proposal and expects to grant it if EPA finds 
that it is appropriate to adopt Virginia's regulation as a part 71 
program for the State and that Virginia is eligible to receive such a 
delegation. If EPA adopts Virginia's regulations as the part 71 program 
for Virginia, it will do so through notice and comment rulemaking in 
the Federal Register. Similarly, if EPA delegates the authority to 
implement the part 71 program to Virginia, EPA will announce the 
delegation in a Federal Register notice and in newspapers widely 
circulated in Virginia. If EPA delegates to Virginia the authority to 
implement a part 71 program, Virginia's sources would be required to 
submit their permit applications to the Virginia Department of 
Environmental Quality (VADEQ). In addition, sources would be required 
to pay title V permit fees to Virginia. Sources would submit their 
applications using forms supplied by the VADEQ, provided EPA finds 
these forms substantially meet the application information requirements 
of part 71. Sources are required to submit their part 71 applications 
to the permitting

[[Page 39880]]

authority by July 31, 1997 (though sources may be required to submit 
their applications earlier if they are informed of such by EPA, or by 
Virginia if EPA delegates administration of part 71 to the State). 
Sources should note that the part 71 application deadline will be 
superseded by the State's part 70 application deadline if EPA finalizes 
approval of Virginia's part 70 program prior to the part 71 application 
deadline. Those wishing to obtain copies of the VADEQ's title V 
application forms, to obtain information on application submittal 
deadlines, and/or to obtain information on permit fees may contact Mr. 
Robert Beasley, Virginia Department of Environmental Quality, P.O. Box 
10009, Richmond, Virginia 23240-0009, telephone number (804) 698-4115. 
For general information regarding approval of Virginia's part 70 
program and the applicability and implementation of part 71 in the 
State, contact Mr. Ray Chalmers, U.S. Environmental Protection Agency, 
841 Chestnut Building, Philadelphia, PA 19107, telephone number (215) 
566-2061.
    Michigan--Michigan submitted a complete operating permits program 
to EPA on July 20, 1995. The EPA proposed interim approval of 
Michigan's part 70 program on June 24, 1996, and expects to finalize 
the approval as soon as possible. Several programmatic and regulatory 
issues have delayed EPA's rulemaking action on Michigan's program, 
including issues related to the State's startup, shutdown, and 
malfunction regulations, environmental audit privilege and immunity 
law, and potential to emit exemptions. See 61 FR 32391-32398. However, 
until Michigan's program receives EPA approval, part 71 is effective in 
the State.
    If EPA encounters significant delays in finalizing approval of 
Michigan's part 70 program, EPA intends to work with the State to 
delegate the part 71 program to Michigan. Such a delegation would 
mitigate any transition issues, such as duplicate permit application 
submittals and payment of fees, arising between the State permit 
program and the Federal part 71 program. Although part 71 applications 
are due to be submitted to the permitting authority by July 31, 1997 
(and some may be due earlier if sources are informed of such by EPA, or 
by Michigan if EPA delegates administration of part 71 to the State), 
the part 71 application deadline will be superceded by the State's part 
70 application deadline if EPA finalizes approval of Michigan's part 70 
program prior to the part 71 application deadline. Any such delegation 
to the State will be noticed in the Federal Register, along with 
additional details regarding permit application and permit fee 
requirements. For information regarding the status of Michigan's part 
70 program approval, and the part 71 program in Michigan, contact Ms. 
Beth Valenziano, EPA Region 5, 77 West Jackson Boulevard (AR-18J), 
Chicago, IL 60604. Telephone: (312) 886-2703. E-mail: 
[email protected].
    Territory of American Samoa--In response to a petition from the 
governor of American Samoa, the EPA's Region IX expects to 
conditionally exempt the requirement for a title V operating permits 
program under section 325(a) of the Act for American Samoa. In 
addition, EPA expects to grant a conditional exemption from the 
requirement to apply for a Federal title V operating permit under part 
71, except for major sources of HAP under 112 and solid waste 
incinerators under section 129(e), by August, 1996. The EPA proposed 
the conditional exemption on September 13, 1995 (60 FR 47515) in 
response to a claim of economic hardship and pristine air quality on 
the island. It contains the condition that American Samoa adopt and 
implement an EPA approved alternate program to permit major stationary 
sources and protect the National Ambient Air Quality Standards (NAAQS). 
Applications for major sources of HAP and solid waste incinerators 
under part 71 are due to be submitted to the permitting authority by 
July 31, 1997. The EPA intends to use part 71 application forms for 
major sources of HAP and solid waste incinerators. Permit fees will be 
paid to the U.S. Treasury. For further information, contact Ms. Sara 
Bartholomew at (415) 744-1250, Operating Permits Section (A-5-2), Air 
and Toxics Division, U.S. EPA-Region IX, 75 Hawthorne Street, San 
Francisco, California 94105.
    Arizona (all Agencies)--The State of Arizona (all agencies) 
submitted complete operating permits programs to EPA in November 1993. 
The EPA's Region IX proposed interim approval of the part 70 program 
submitted by the State of Arizona which comprises programs from the 
Arizona Department of Environmental Quality, the Maricopa County 
Environmental Services Department, the Pima County Department of 
Environmental Quality, and the Pinal County Air Quality Control 
District on July 13, 1995. See 60 FR 36083. The EPA has not yet taken 
final action to approve the Arizona program because of outstanding 
issues related to provisions for excess emissions during startups, 
shutdowns, malfunctions, and scheduled maintenance. In addition, the 
Arizona Attorney General's Office is to submit additional information 
to resolve other issues identified in the proposal before EPA finalizes 
approval of the program. The excess emissions issue has been resolved 
sufficiently to move forward with final action and EPA expects to 
receive an addendum to the Attorney General's statement shortly. The 
EPA's Region IX therefore expects to finalize interim approval of the 
Arizona part 70 program submittal by September, 1996. Until EPA acts to 
approve Arizona's program, part 71 is effective in the State. Sources 
should continue to work with the State and its local agencies in 
developing their title V applications and pay permit fees to Arizona 
according to State requirements. Although part 71 applications are due 
to be submitted to the permitting authority by July 31, 1997 (and some 
may be due earlier if sources are informed of such by EPA, or by 
Arizona if EPA delegates administration of part 71 to the State), the 
part 71 application deadline will be superceded by the State's part 70 
application deadline if EPA finalizes approval of Arizona's part 70 
program prior to the part 71 application deadline. For further 
information regarding approval of Arizona's part 70 program and the 
implementation of part 71 in the State, contact Ms. Regina Spindler at 
(415) 744-1251, Operating Permits Section (A-5-2), Air and Toxics 
Division, U.S. EPA-Region IX, 75 Hawthorne Street, San Francisco, 
California 94105.
    Commonwealth of the Northern Mariana Islands (CNMI)--In response to 
a petition from the governor of CNMI, the EPA's Region IX expects to 
conditionally exempt the requirement for a title V operating permits 
program under section 325(a) of the Act for CNMI. In addition, EPA 
expects to grant a conditional exemption from the requirement to apply 
for a Federal title V operating permit under part 71, except for major 
sources of HAP under 112 and solid waste incinerators under 129(e), by 
August, 1996. The EPA proposed the conditional exemption on September 
13, 1995 (60 FR 47515) in response to a claim of economic hardship and 
pristine air quality on the islands. It contains the condition that 
CNMI adopt and implement an EPA approved alternate program to permit 
major stationary sources and protect the National Ambient Air Quality 
Standards (NAAQS). Applications for major sources of HAP and solid 
waste incinerators under part 71 are due to be submitted to the 
permitting authority by

[[Page 39881]]

July 31, 1997. The EPA intends to use part 71 application forms for 
major sources of HAP and solid waste incinerators. Permit fees will be 
paid to the U.S. Treasury. For further information, contact Ms. Sara 
Bartholomew at (415) 744-1250, Operating Permits Section (A-5-2), Air 
and Toxics Division, U.S. EPA-Region IX, 75 Hawthorne Street, San 
Francisco, California 94105.
    Territory of Guam--In response to a petition from the governor of 
Guam, the EPA's Region IX expects to conditionally exempt the 
requirement for a title V operating permits program under section 
325(a) of the Act for Guam. In addition, EPA expects to grant a 
conditional exemption from the requirement to apply for a Federal title 
V operating permit under part 71, except for major sources of HAP under 
112 and solid waste incinerators under 129(e), by August, 1996. The EPA 
proposed the conditional exemption on September 13, 1995 (60 FR 47515) 
in response to a claim of economic hardship and pristine air quality on 
the island. It contains the condition that Guam adopt and implement an 
EPA approved alternate program to permit major stationary sources and 
protect the National Ambient Air Quality Standards (NAAQS). 
Applications for major sources of HAP and solid waste incinerators 
under part 71 are due to be submitted to the permitting authority by 
July 31, 1997, except for major perchloroethylene dry cleaning 
facilities, which are due by April 1, 1997. The EPA intends to use part 
71 application forms for major sources of HAP and solid waste 
incinerators. Permit fees will be paid to the U.S. Treasury. For 
further information, contact Ms. Sara Bartholomew at (415) 744-1250, 
Operating Permits Section (A-5-2), Air and Toxics Division, U.S. EPA-
Region IX, 75 Hawthorne Street, San Francisco, California 94105.
    South Coast Air Quality Management District--The South Coast Air 
Quality Management District's (SCAQMD or District) part 70 regulation 
was adopted by the District's Governing Board on August 11, 1995. The 
EPA has not yet taken action on the South Coast program in part because 
the District has not submitted acceptable permit application forms. The 
EPA and the District have been working together to resolve issues 
concerning the application forms and it appears approvable forms will 
be submitted in the very near future. The EPA therefore expects to 
propose interim approval of the District's part 70 program submittal in 
August, 1996 and grant final interim approval as early as October, but 
no later than December, 1996. However, until EPA approves the 
District's program, part 71 is effective in the District. If EPA is 
unable to approve the SCAQMD's program consistent with this time 
schedule, EPA expects that part 71 will be delegated to the District. 
Once a delegation agreement is signed, a notice announcing the 
delegation of a part 71 program will be published in the Federal 
Register and widely circulated newspapers around the District. Provided 
acceptable forms are developed, sources will then utilize the SCAQMD's 
application forms, otherwise, EPA intends to use the part 71 
application form. Sources will then submit completed applications to 
the SCAQMD. Similarly, sources should continue to pay permit fees to 
the SCAQMD under the District's Regulation III--Permit Fees. Although 
part 71 applications are due to be submitted to the permitting 
authority by July 31, 1997 (and some may be due earlier if sources are 
informed of such by EPA, or by SCAQMD if EPA delegates administration 
of part 71 to the State), the part 71 application deadline will be 
superceded by the State's part 70 application deadline if EPA finalizes 
approval of SCAQMD's part 70 program prior to the part 71 application 
deadline. For further information on application due dates and details 
about how to pick up and submit applications, contact Ms. Pang Mueller, 
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, California 91765-4182. Telephone: (909) 396-2433. For 
general information regarding approval of South Coast's part 70 program 
and the applicability and implementation of part 71 in the District, 
contact Ms. Ginger Vagenas, U.S. Environmental Protection Agency, 75 
Hawthorne Street, A-5-2, San Francisco, CA 94105. Telephone: (415) 744-
1252.
    Alaska--The EPA received a complete permit program from Alaska on 
June 5, 1995. The program has not yet been granted final approval 
because the State requested that EPA delay action until permit program 
revisions could be submitted to EPA. These revisions were formally 
submitted to EPA on July 5, 1996 and EPA is currently reviewing them. 
The Agency expects to propose interim program approval in August 1996, 
with a final interim approval in September 1996. However, until 
Alaska's program receives EPA approval, part 71 is effective in the 
State. Although part 71 applications are due to the permitting 
authority by July 31, 1997 (and some may be due earlier if sources are 
informed of such by EPA, or by Alaska if EPA delegates administration 
of part 71 to the State), the part 71 application deadline will be 
superceded by the State's part 70 application deadline if EPA finalizes 
approval of Alaska's part 70 program prior to the part 71 application 
deadline. For further information on application due dates and details 
on obtaining and submitting applications, contact Ms. Joan Cabreza, 
U.S. Environmental Protection Agency, Office of Air Quality, OAQ-108, 
1200 Sixth Avenue, Seattle, WA 98101. Telephone: (206) 553-8505.
    Idaho--The EPA received a complete permit program from Idaho on 
January 20, 1995. On October 27, 1995, the Agency proposed disapproval 
of Idaho's program and, in the alternative, interim approval if Idaho 
were to correct the proposed disapproval issues before EPA takes final 
action on Idaho's submittal. See 60 FR 54990. The State has resubmitted 
portions of its program in response to the proposed disapproval issues. 
On June 17, 1996, the Agency published a supplemental notice 
identifying additional audit and immunity provisions as interim 
approval issues and also proposed approval of the State's air toxics 
program under section 112(l) of the Act and delegation of the existing 
National Emission Standards for Hazardous Air Pollutants. See 61 FR 
30570. The Agency expects to take final action on the Idaho program as 
soon as possible after the end of the 30 day public comment period on 
the supplemental proposal. However, until Idaho's program receives 
approval, part 71 is effective in the State. Sources should continue to 
work directly with the State in submitting applications and paying fees 
according to State requirements. Although part 71 applications are due 
to the permitting authority by July 31, 1997 (and some may be due 
earlier if sources are informed of such by EPA, or by Idaho if EPA 
delegates administration of part 71 to the State), the part 71 
application deadline will be superceded by the State's part 70 
application deadline if EPA finalizes approval of Idaho's part 70 
program prior to the part 71 application deadline. For further 
information, contact Ms. Joan Cabreza, U.S. Environmental Protection 
Agency, Office of Air Quality, OAQ-108, 1200 Sixth Avenue, Seattle, WA 
98101. Telephone: (206) 553-8505.

    Dated: July 29, 1996.
Richard Wilson,
Acting Assistant Administrator.
[FR Doc. 96-19420 Filed 7-30-96; 8:45 am]
BILLING CODE 6560-50-P