[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Rules and Regulations]
[Pages 51370-51372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25231]


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


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70

[AD-FRL-5619-4]


Clean Air Act Interim Approval of Operating Permits Program; 
Delegation of Section 112 Standards; State of New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final interim approval.

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

SUMMARY: The EPA is promulgating interim approval of the Operating 
Permits Program submitted by the State of New Hampshire for the purpose 
of complying with Federal requirements for an approvable State program 
to issue operating permits to all major stationary sources, and to 
certain other sources.

EFFECTIVE DATE: November 1, 1996.

ADDRESSES: Copies of the State's submittal and other supporting 
information used in developing the final interim approval are available 
for inspection during normal business hours at the following location: 
U.S. Environmental Protection Agency, Region 1, One Congress Street, 
11th floor, Boston, MA 02203.

FOR FURTHER INFORMATION CONTACT: Ida E. Gagnon, Air Permits Program, 
CAP, U.S. Environmental Protection Agency, Region 1, JFK Federal 
Building, Boston, MA 02203-2211, (617) 565-3500.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

    Title V of the 1990 Clean Air Act Amendments (sections 501-507 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 EPA by November 15, 1993, and 
that EPA act to approve or disapprove each program within 1 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. 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, it must establish 
and implement a Federal program.
    On August 14, 1996, EPA proposed interim approval of the operating 
permits program for the State of New Hampshire. See 61 FR 42222. The

[[Page 51371]]

August 14, 1996 document also proposed approval of New Hampshire's 
mechanism for implementing section 112(g) and for delegation of section 
112 standards as promulgated. EPA did not receive any comments on the 
proposal. In this document EPA is taking final action to promulgate 
interim approval of the operating permits program, and approving the 
section 112(g) and section 112(l) mechanisms noted above for the State 
of New Hampshire.

II. Final Action and Implications

A. Final Action

    The EPA is promulgating interim approval of the operating permits 
program submitted to EPA for the State of New Hampshire on October 26, 
1995. Among other things, New Hampshire has demonstrated that the 
program will be adequate to meet the minimum elements of a State 
operating permits program as specified in 40 CFR Part 70. The State 
must make the changes specified in the proposed rulemaking, under 
II.B., Proposed Action, in order to be granted full approval.
    This interim approval extends for a period of up to 2 years. During 
the interim approval period, the State is protected from sanctions for 
failure to have a 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 under the Act 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.
    The scope of the New Hampshire Part 70 program applies to all Part 
70 sources (as defined in the approved program) within the State of New 
Hampshire, except any 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 Act 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).
    EPA is approving New Hampshire's authority to implement and enforce 
section 112 standards at Part 70 sources. Requirements for operating 
permit program 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 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, and an 
expeditious compliance schedule, which are also requirements under Part 
70. Therefore, the EPA has also granted approval under section 
112(l)(5) and 40 CFR 63.91 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.

III. Administrative Requirements

A. Docket

    Copies of the State's submittal and other information relied upon 
for the final interim approval, are contained in a docket maintained at 
the EPA Regional Office. 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. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added 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 the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 2, 1996. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2))

D. Executive Order 12866

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

E. 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.

F. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, 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 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in 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 
preexisting 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.

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: September 23, 1996.
John P. DeVillars,
Regional Administrator, Region I.

    Part 70, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 70--[AMENDED]

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


[[Page 51372]]


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

    2. Appendix A to Part 70 is amended by adding the entry for New 
Hampshire in alphabetical order to read as follows:

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

* * * * *

New Hampshire

    (a) Department of Environmental Services: submitted on October 26, 
1995; interim approval effective on November 1, 1996.
    (b) (Reserved)
* * * * *
[FR Doc. 96-25231 Filed 10-1-96; 8:45 am]
BILLING CODE 6560-50-P