[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Rules and Regulations]
[Pages 39881-39883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19440]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70

[VI001; FRL-5544-8]


Clean Air Act Final Interim Approval Of Operating Permits 
Program: The U.S. Virgin Islands

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final interim approval.

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SUMMARY: The EPA is promulgating interim approval of the operating 
permits program submitted by the U.S. Virgin Islands 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.

EFFECTIVE DATE: This program will be effective August 30, 1996.

ADDRESSES: Copies of the State's submittal and other supporting 
information used in developing the final interim approval as well as 
the Technical Support Document are available for inspection during 
normal business hours at the following locations:
    EPA Region II, 290 Broadway, 25th Floor, New York, New York 10007-
1866, Attention: Steven C. Riva.
    EPA Region II, Caribbean Field Office, Centro Europa Building, 
Suite 417, 1492 Ponce de Leon Avenue, Stop 22, San Juan, Puerto Rico 
00907-4127, Attention: Jose Ivan Guzman.
    The U.S. Virgin Islands Department of Planning and Natural 
Resources (VIDPNR), Division of Environmental Protection, Building 111, 
Apartment 14A, Water Gut Homes, Christainsted, St. Croix, U.S. Virgin 
Islands 00820, Attention: Leonard Reed.

FOR FURTHER INFORMATION CONTACT: Umesh Dholakia, Permitting and Toxics 
Support Section, at the above EPA office in New York or at telephone 
number (212) 637-4023. Jose Ivan Guzman of the Caribbean Field Office 
can be reached at (809) 729-6951, extension 223.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    Title V of the Clean Air Act (``the Act''), and implementing 
regulations at 40 Code of Federal Regulations (CFR) part 70 require 
that States develop and submit operating permits programs to the EPA by 
November 15, 1993, and that the EPA act to approve or disapprove each 
program within one year after receiving the submittal. The EPA's 
program review occurs pursuant to section 502 of the Act and the part 
70 regulations, which together outline criteria for approval or 
disapproval. If a state does not have an approved program by two years 
after the November 15, 1993 date, EPA must establish and implement a 
Federal program.
    On January 25, 1996, the EPA proposed approval of the Operating 
Permits Program submitted for the Virgin Islands. (See 61 FR 2216). No 
comment was received on the Proposed Approval Notice. In this notice, 
the EPA is taking final action to promulgate interim approval of the 
Operating Permits Program for the Virgin Islands.

II. Final Action and Implications

A. Analysis of State Submission

    On January 25, 1996, the EPA proposed full approval of VIDPNR's 
Title V Operating Permits Program. The proposed approval required that 
the VIDPNR correct the wording errors in its legislation prior to 
receiving final full approval. The Virgin Islands has not corrected 
those errors. However, EPA believes that these wording errors were 
accidental and do not reflect the intent of the legislation. The Virgin 
Islands' Rules and Regulations, Air Pollution Control, Title 12, 
Chapter 9, Subchapters 204 and 206, are based on the intent reflected 
in the legislation and in accordance with part 70. In addition, the 
program elements discussed in the proposal notice are unchanged from 
the analysis in the Final Interim Approval Notice and continue to fully 
meet the requirements of 40 CFR part 70.

B. Options for Approval/Disapproval

1. Title V Operating Permit Program
    The EPA is promulgating interim approval of the Operating Permits 
Program submitted to the EPA by the VIDPNR on November 18, 1993 with 
supplemental packages through June 9, 1995. Among other things, the 
VIDPNR has demonstrated that the program substantially meets the 
minimum requirements for a state operating permit program as specified 
in 40 CFR part 70. This interim approval extends until August 31, 1998. 
Under the approved interim operating permit program, VIDPNR is allowed 
to issue federally enforceable operating permits to all major 
stationary sources and to certain other sources for the duration of 
this approval. During this interim approval period, the Virgin Islands 
is protected from sanctions, and EPA is not obligated to promulgate, 
administer and enforce a federal operating permit program in Virgin 
Islands. 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 the 
effective date of this interim approval, as does the 3-year time period 
for processing the initial permit applications. In order to ensure that 
a fully approved program will be in place by the expiration date of the 
interim approval, Virgin Islands must submit a modified program to EPA 
by February 27, 1998 that addresses the following wording errors in the 
Virgin Islands' legislation (Act No. 6011 signed into law September 2, 
1994):
    (1) Section 212(a) states that ``No rule or regulation and no 
amendment * * * shall take effect AFTER public comment and/or hearing 
on due notice as provided herein''. The word ``after'' should be 
replaced by the word ``without''.
    (2) Section 205 (a), (b)(1) and (2)--replace ``chapter'' with 
``with respect to Part 70 permit program''.
    (3) Section 215 (a)--delete ``compliance order'' and replace with 
``notice of violation'' after ``Commissioner is authorized to issue..''
    (4) Section 215 (b)(3)--There should be an additional sentence 
following ``$250,000''. ``The assessment of any administrative fine in 
excess of $250,000 may be enforced by the commencement of a civil 
action by the Attorney General pursuant to the Virgin Islands Law''.
    If Virgin Islands (VI) fails to submit a complete corrective 
program for full approval by February 27, 1998, EPA will start an 18-
month clock for mandatory sanctions. If VI then fails to submit a 
complete corrective program before the expiration of that 18-month 
period, EPA will apply sanctions as required by Section 502(d)(2) of 
the Act, which will remain in effect until EPA determines that VI has 
corrected the deficiencies by submitting a complete corrective program.
    If EPA disapproves VI's complete corrected program, EPA will apply 
sanctions as required by Section 502(d)(2) on the date 18 months after 
the effective date of the disapproval, unless prior to that date, VI 
has submitted a revised program and EPA has determined that it 
corrected the deficiencies that prompted the disapproval.
    In addition, discretionary sanctions may be applied where warranted 
any time after the expiration of an interim approval period if VI has 
not timely submitted a complete corrective program or EPA has 
disapproved its submitted corrective program. Moreover, if EPA has not 
granted full approval to the VI program by the

[[Page 39883]]

expiration of this interim approval, EPA must promulgate, administer 
and enforce a federal operating permit program for the Virgin Islands 
upon interim approval expiration.
2. Program for Delegation of Section 112 Standards as Promulgated
    The 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 as promulgated by the EPA as they 
apply to part 70 sources. Section 112(l)(5) requires that the State's 
program contain adequate authorities, adequate resources for 
implementation, an expeditious compliance schedule, and adequate 
enforcement ability, which are also requirements under part 70. In a 
letter dated May 30, 1995, VIDPNR requested delegation through 112(l) 
of all existing 112 standards and all future 112 standards for both 
part 70 and non-part 70 sources and infrastructure programs. In the 
letter, VIDPNR demonstrated that they have sufficient legal 
authorities, adequate resources, the capability for automatic 
delegation of future standards, and adequate enforcement ability for 
implementation of section 112 of the Act for both part 70 sources and 
non-part 70 sources. Therefore, the EPA is also promulgating approval 
under section 112(l)(5) and 40 CFR 63.91 to Virgin Islands for its 
program mechanism for receiving delegation of all existing and future 
section 112(d) standards for both part 70 and non-part 70 sources, and 
section 112 infrastructure programs that are unchanged from Federal 
rules as promulgated.

III. Administrative Requirements

A. Docket

    Copies of the State's submittal and other information relied upon 
for the final interim approval are contained in the docket maintained 
at the EPA Regional Offices in New York and Puerto Rico and at VIDPNR. 
The docket is an organized and complete file of all the information 
submitted to, or otherwise considered by, EPA in the development of 
this final interim approval. The docket is available for public 
inspection at the location listed under the ADDRESSES section of this 
document.

B. Executive Order 12866

    The Office of Management and Budget has exempted this action from 
Executive Order 12866 review.

C. Regulatory Flexibility Act

    The 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 does not impose any new requirements, it does not have a 
significant impact on a substantial number of small entities.

D. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in annual 
estimated costs to State, local, or tribal governments in the 
aggregate, or to the private sector, of $100 million or more. Under 
Section 205, the EPA must select the most cost-effective and least 
burdensome alternative that achieves the objectives of the rule and is 
consistent with statutory requirements. Section 203 of the Unfunded 
Mandates Act requires the EPA to establish a plan for informing and 
advising any small governments that may be significantly or uniquely 
impacted by the rule.
    The EPA has determined that the approval action promulgated today 
does not include a Federal mandate that may result in annual estimated 
costs of $100 million or more to either State, local, or tribal 
governments in the aggregate, or to the private sector. This Federal 
action approves pre-existing requirements under State or local law, and 
imposes no new Federal requirements. Accordingly, no additional costs 
to State, local, or tribal governments, or to the private sector, 
result from this action.

E. Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of this rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.

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.

    Dated: July 16, 1996.
Jeanne M. Fox,
Regional Administrator.

    40 CFR part 70 is amended as follows:

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

    2. Appendix A to part 70 is amended by adding the entry for Virgin 
Islands in alphabetical order to read as follows:

Appendix A to part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Virgin Islands

    (a) The Virgin Islands Department of Natural Resources submitted an 
operating permits program on November 18, 1993 with supplements through 
June 9, 1995; interim approval effective on August 30, 1996.
    (b) (Reserved)
* * * * * *
[FR Doc. 96-19440 Filed 7-30-96; 8:45 am]
BILLING CODE 6560-50-P