[Federal Register Volume 66, Number 192 (Wednesday, October 3, 2001)]
[Rules and Regulations]
[Pages 50325-50329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24709]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[WV-T5-2001-01a; FRL-7073-7]


Clean Air Act Full Approval of Operating Permit Program; West 
Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to fully approve the 
operating permit program of the State of West Virginia. West Virginia's 
operating permit program was submitted in response to the Clean Air Act 
(CAA) Amendments of 1990 that required States to develop, and submit to 
EPA, programs for issuing operating permits to all major stationary 
sources and to certain other sources within the States' jurisdiction. 
The EPA granted final interim approval of West Virginia's operating 
permit program on November 15, 1995. West Virginia amended its 
operating permit program to address deficiencies identified in the 
interim approval action and this action approves those amendments. Any 
parties interested in commenting on this action granting full approval 
of West Virginia's title V operating permit program should do so at 
this time. A more detailed description of West Virginia's submittal and 
EPA's evaluation are included in a Technical Support Document (TSD) in 
support of this rulemaking action. A copy of the TSD is available, upon 
request, from the EPA Regional Office listed in the ADDRESSES section 
of this document.

DATES: This rule is effective on November 19, 2001 without further 
notice, unless EPA receives adverse written comment by November 2, 
2001. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Written comments may be mailed to Makeba Morris, Chief, 
Permits and Technical Assessment Branch, Mailcode 3AP11, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103 
and West Virginia Department of Environmental Protection, Office of Air 
Quality, 1558 Washington Street, East, Charleston, West Virginia, 
25311.

FOR FURTHER INFORMATION CONTACT: David Campbell, Permits and Technical 
Assessment Branch at (215) 814-2196 or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On June 1, 2001, the State of West Virginia 
submitted amendments to its State operating permit program. These 
amendments are the subject of this document and this section provides 
additional information on the amendments by addressing the following 
questions:

    What is the State operating permit program?
    What are the State operating permit program requirements?
    What is being addressed in this document?
    What is not being addressed in this document?
    What changes to West Virginia's operating permit program is EPA 
approving?
    What action is being taken by EPA?

What Is the State Operating Permit Program?

    The Clean Air Act Amendments of 1990 required all States to develop 
operating permit programs that meet certain federal criteria. When 
implementing the operating permit programs, the States require certain 
sources of air pollution to obtain permits that contain all of their 
applicable requirements under the Clean Air Act (CAA). The focus of the 
operating permit program is to improve enforcement by issuing each 
source a permit that consolidates all of its applicable CAA 
requirements into a federally-enforceable document. By consolidating 
all of the applicable requirements for a given air pollution source 
into an operating permit, the source, the public, and the State 
environmental agency can more easily understand what CAA requirements 
apply and how compliance with those requirements is determined.
    Sources required to obtain an operating permit under this program 
include ``major'' sources of air pollution and certain other sources 
specified in the CAA or in EPA's implementing regulations. For example, 
all sources regulated under the acid rain program, regardless of size, 
must obtain operating permits. Examples of ``major'' sources include 
those that have the potential to emit 100 tons per year or more of 
volatile organic compounds, carbon monoxide, lead, sulfur dioxide, 
nitrogen oxides, or particulate matter (PM10); those that emit 10 tons 
per year of any single hazardous air pollutant (HAP) specifically 
listed under the CAA; or those that emit 25 tons per year or more of a 
combination of HAPs. In areas that are not meeting the national ambient 
air quality standards (NAAQS) for ozone, carbon monoxide, or 
particulate matter, major sources are defined by the gravity of the 
nonattainment classification.

What Are the State Operating Permit Program Requirements?

    The minimum program elements for an approvable operating permit 
program are those mandated by title V of the Clean Air Act Amendments 
of 1990 and established by EPA's implementing regulations at title 40, 
part 70--``State Operating Permit Programs'' in the Code of Federal 
Regulations (40 CFR part 70). Title V required state and local air 
pollution control agencies to develop operating permit programs and 
submit them to EPA for approval by November 15, 1993. Under title V, 
State and local air pollution control agencies that implement operating 
permit programs are called ``permitting authorities''.
    Where an operating permit program substantially, but not fully, met 
the program approval criteria outlined at 40 CFR part 70, EPA granted 
interim approval contingent on the permit authority revising its 
program to correct

[[Page 50326]]

those programmatic deficiencies that prevented full approval. West 
Virginia's original operating permit program substantially, but not 
fully, met the requirements of 40 CFR part 70. Therefore, EPA granted 
final interim approval of the program in a rulemaking published on 
November 15, 1995. (See 60 FR 57352.) The interim approval notice 
identified 11 outstanding deficiencies that had to be corrected in 
order for West Virginia's program to receive full approval. On June 1, 
2001, the State of West Virginia submitted amendments to its operating 
permit program to EPA to address its outstanding program deficiencies.
    West Virginia's June 1, 2001 submittal satisfies the State's 
requirement to submit program amendments to EPA by June 1, 2001. This 
deadline was established by EPA in order to allow for time for EPA 
review and action on program amendments such that operating permit 
programs with interim approval status could be considered for full 
approval by December 1, 2001. After December 1, 2001, those 
jurisdictions lacking fully-approved operating permit programs will, by 
operation of law, be subject to a federal operating permit program 
implemented by EPA under 40 CFR part 71. (See 65 FR 32035.)

What Is Being Addressed in This Document?

    On June 1, 2001, West Virginia submitted amendments to its 
currently EPA-approved title V operating permit program. In general, 
West Virginia amended its operating permit program regulations to 
address deficiencies identified by EPA when it granted final interim 
approval of West Virginia's program in 1995. In the June 1, 2001 
submittal, West Virginia also provided revisions to its existing 
program that make minor regulatory corrections. These additional 
revisions are the subject of a separate rulemaking action as more fully 
discussed below.

What Is Not Being Addressed in This Document?

    As part of its June 1, 2001 submittal, West Virginia also submitted 
additional revisions to its currently EPA-approved title V operating 
permit program which are unrelated to the interim approval 
deficiencies. These program revisions are comprised of technical and 
administrative corrections which do not bear on the program's ability 
to fully meet the substantive requirements of 40 CFR part 70. These 
revisions were submitted pursuant to 40 CFR 70.4(i) which authorizes 
States with approved programs to initiate program revisions. Since 
these revisions do not directly affect the approval status of West 
Virginia's program according to 40 CFR 70.4(d) and 40 CFR 70.4(e), they 
will be considered in a separate rulemaking action.
    On December 11, 2000, EPA announced a 90-day comment period for 
members of the public to identify deficiencies they perceive exist in 
State and local agency operating permits programs. (See 65 FR 77376.) 
The public was able to comment on all currently-approved operating 
permit programs, regardless of whether they have been granted full or 
interim approval. The EPA Region III did not receive comments germane 
to West Virginia's currently-approved operating permit program.

What Changes to West Virginia's Program Is EPA Approving?

    The EPA has reviewed West Virginia's June 1, 2001 program 
amendments in conjunction with the portion of West Virginia's program 
that was earlier approved on an interim basis. Based on this review, 
EPA is granting full approval of West Virginia's amended operating 
permit program. The EPA has determined that the amendments to West 
Virginia's operating permit program adequately address the 11 
deficiencies identified by EPA in its November 15, 1995 rulemaking 
granting interim approval. West Virginia's operating permit program, 
including the amendments submitted on June 1, 2001, fully meets the 
minimum requirements of 40 CFR part 70.
    The following describes the changes made to West Virginia's 
operating permit program. Please note, West Virginia revised the 
numbering scheme of 45CSR30 subsequent to EPA's November 15, 1995 
rulemaking action. For purposes of the following discussion, rule 
references are made using the original numbering scheme followed by 
brackets containing the corresponding current references, where 
different.

Changes to Correct Interim Approval Deficiencies

1. Clarify That the Section 2.18 Definition of ``Emissions Unit'' 
Includes Activities or Parts of Activities Which Emit or Potentially 
Emit Pollutants Listed Under Section 112(b) of the CAA

    West Virginia's original 45CSR30, section 2.18 definition of 
``Emissions unit'' did not specifically include activities or parts of 
activities which emit or potentially emit pollutants listed under 
section 112(b) of the Clean Air Act. West Virginia revised the 
definition of ``Emissions unit'' in section 2.8 to specifically include 
activities or parts of activities which emit or potentially emit 
pollutants listed under section 112(b) of the Clean Air Act. With this 
revised definition, West Virginia's 45CSR30 fully meets the 
requirements of 40 CFR 70.2 for definitions.

2. Clarify in Section 3.2.d That Permit Applications Will Contain 
Sufficient Information Needed to Determine the Applicability of, or to 
Impose, all Applicable Requirements

    West Virginia must also ensure that the insignificant activities 
list approved as part of the State's program will not be modified 
without prior EPA approval. Moreover, West Virginia must clarify that 
potential emissions from all insignificant activities or emissions 
units, whether included in section 3.2.d. or determined by the Chief on 
an application-by-application basis, will be included in determining 
whether a source is a major source.
    West Virginia's original 45CSR30, section 3.2.d list of 
``insignificant activities'' included several units and activities 
which were not ``intrinsically insignificant'' in that they could 
potentially be subject to applicable requirements depending on 
characteristics excluded in permit applications. While 40 CFR 70.5(c) 
allows insignificant activities to be excluded from permit applications 
or identified if based on size or production rates, the permit 
application may not omit information necessary for the permitting 
authority to determine the applicability of, or to impose applicable 
requirements, or to determine fees. West Virginia revised section 3.2.d 
[section 3.2(e)] to clarify that units subject to applicable 
requirements shall not be deemed to be ``insignificant activities'', 
and that permit applications must include sufficient information to 
verify that the unit or activity is insignificant.
    West Virginia's original 45CSR30, section 3.2.d provided the 
Director with unbounded discretion to approve additional sources and 
activities as part of the program's insignificant activity list. West 
Virginia revised section 3.2.d [section 3.2(e)] to clarify that units 
subject to applicable requirements shall not be deemed to be 
``insignificant activities'', and that the program's insignificant 
activity list shall not be expanded without EPA approval.
    West Virginia's original 45CSR30, section 3.2.d did not clearly 
indicate that potential emissions from all insignificant activities, 
including emissions from new activities determined by the Director and 
approved by EPA, must be included in determining whether a source is a 
major

[[Page 50327]]

source. West Virginia's revised section 3.2.d [section 3.2(e)] to 
clarify that potential emissions from all such activities shall not be 
excluded in the determination of major source status under 45CSR30 . 
With these revisions, West Virginia's 45CSR30 fully meets the 
requirements of 40 CFR 70.5 for permit applications.

3. Clarify in Section 3.3.a That Permits Issued to Major Sources Will 
Include All Applicable Requirements That Apply to the Source, Including 
Those Applicable Requirements Which May Be Later Found To Be Applicable 
to One or More ``Insignificant Activities''

    West Virginia's original 45CSR30, section 3.3.a appeared to allow 
title V operating permits issued to major sources to exclude applicable 
requirements for insignificant activities. This exclusion was in 
conflict with 40 CFR 70.3(c)(1) and with other provisions of 45CSR30 
which require permits to include all applicable requirements. West 
Virginia revised section 3.3.a [section 3.3(a)] to no longer include a 
reference to insignificant activities. As a result, it is clear that 
major source permits must include all applicable requirements. With 
this revision, West Virginia's revised 45CSR30 is internally consistent 
and fully meets the corresponding requirements of 40 CFR 70 for permit 
content.

4. Either Remove the Section 5.1.j.D. Provision for Volatile Organic 
Compounds (VOCs) Category Substitution or Clarify How it Will Be 
Implemented Within the Context of Emissions Trading

    West Virginia's original 45CSR30, section 5.1.j.D. mistakenly 
provided for Director-approved emissions trades involving substitutions 
of categories of VOCs in production processes. West Virginia removed 
section 5.1.j.D. [section 5.1.j.4]. With this revision, 40CSR30 fully 
meets the corresponding requirements of 40 CFR 70 for emissions 
trading.

5. Clarify in Section 5.3.e.A. That Permits Will Contain Provisions 
Requiring Compliance Certifications To Be Submitted at Least Annually 
or Such More Frequent Periods as Specified by an Applicable Requirement 
or by the Permitting Authority

    West Virginia's original 45CSR30, section 5.3.e.A required each 
permit to specify the frequency of submitting compliance 
certifications, but did not specifically require the frequency to be at 
least annually or more frequently if required by underlying applicable 
requirements. West Virginia revised section 5.3.e.A [section 5.3.e.1] 
to clarify that permits must include provisions requiring compliance 
certifications to be submitted at least annually or more frequently if 
required by underlying applicable requirements or by the Director. With 
this clarification, West Virginia's 45CSR30 fully meets the 
requirements of 40 CFR 70.6(c)(5) for compliance certifications.

6. Clarify in Section 5.5 That for Temporary Sources That Do Not Obtain 
a New Preconstruction Permit Prior to Each Change in Location, the 
Operating Permits Shall Include a Requirement That the Owner Operator 
Notify the Chief at Least Ten (10) Days in Advance of Each Change in 
Location

    West Virginia's original 45CSR30, section 5.5 did not specifically 
require permits issued to temporary sources to include a requirement 
that owners or operators notify the Chief at least 10 days in advance 
of each change of location. Although the 10-day notification 
requirement was not specifically required, section 5.5 requires 
temporary sources to comply with preconstruction review requirements of 
45CSR13, 45CSR14, and 45CSR19. For the most part, these preconstruction 
review requirements inherently satisfy the part 70 10-day advance 
notification requirement. West Virginia revised section 5.5 to further 
clarify that owners or operators with temporary operating permits must 
notify the Director at least 10 days in advance of each such change. 
With this clarification, West Virginia's 45CSR30 fully meets the 
corresponding requirements of 40 CFR 70.6(e) for temporary permits.

7. Clarify in Section 4.1 That Sources Which Become Subject to the 
Permitting Program After the Effective Date Are Required To Submit 
Permit Applications Within 12 Months

    West Virginia's original 45CSR30, section 4.1 did not specifically 
require sources which become subject to the permitting program after 
the effective date of the permit program to submit permit applications 
within 12 months. West Virginia revised section 4.1.a.B [section 
4.1a.2] to clarify that sources which become subject to the permitting 
program after the effective date shall file a complete application 
within 12 months after becoming subject to the program. As revised, 
West Virginia's 45CSR30 meets the requirements of 40 CFR 70.5(a) for 
submittal of timely applications.

8. Remove Section 6.5.a.A(c)

    West Virginia's original 45CSR30, section 6.5.a.A(c) provided ``de 
minimis'' levels for source changes below which no permit revision 
would be required. West Virginia revised 45CSR30 by removing section 
6.5.a.A(c) [6.5.a.1.C]. With this revision, 45CSR30 is consistent with 
40 CFR part 70.

9. Clarify in Section 6.8.a.A.(a).(B) That Public Notice Will Be Given 
for All Scheduled Public Hearings, Not Just Those Public Hearings Which 
Have Been Scheduled at the Request of an Interested Person

    West Virginia's original 45CSR30, section 6.8.a.A(a)(B) indicated 
that public notice would be provided for hearings requested by 
interested persons. The regulation did not specifically require that 
public notice be provided for public hearings to be held for reasons 
other than at the request of interested parties. West Virginia revised 
section 6.8.a.A(a)(B) [6.8.a.1.A.2] to clarify that public notice be 
provided for any hearing held pursuant to 45CSR30. With this 
clarification, West Virginia's 45CSR30 fully meets the corresponding 
requirements of 40 CFR 70.7 for public participation.

10. Clarify in Section 6.8.a.C That for all Permit Modification 
Proceedings, Except Those Modifications Qualifying for Minor Permit 
Modifications or Fast-track Modifications Under the Acid Rain Program, 
Public Notice Will Be Given by Publication in a Newspaper of General 
Circulation in the Area Where the Source Is Located (or in a State 
Publication Designed To Give General Public Notice), and to Persons on 
a Mailing List Developed by the Permitting authority Including Those 
Who Request in Writing To Be on the List

    West Virginia's original 45CSR30, section 6.8.a.C. indicated that 
permit issuance would not be delayed or denied if proper notice was not 
provided to any person. West Virginia revised section 6.8.a.C [6.8.a.3] 
to remove the exception that permit modifications could proceed without 
proper notice. Consistent with 40 CFR part 70, proper public notice is 
required for all permit modification proceedings other than minor 
permit modifications or fast-track modifications under the Acid Rain 
Program. With this correction, West Virginia's 45CSR30 fully meets the 
corresponding requirements of 40 CFR 70 for public participation for 
permit modifications.

[[Page 50328]]

11. Clarify W. Va. Code Section 22-5-6(b)(1) as Necessary To Provide 
for a Maximum Criminal Penalty in an Amount of not less than Ten 
Thousand Dollars per Day per Violation Against any Person who Knowingly 
Makes any False Material Statement, Representation or Certification in 
any Forms, in any Notice or Report Required by a Permit, or who 
Knowingly Renders Inaccurate any Required Monitoring Device or Method

    West Virginia's original W. Va. Code section 22-5-6(b)(1) indicated 
that the maximum criminal fine for violations shall not be more than 
twenty-five thousand dollars. West Virginia amended the statute to 
clearly state that if the violation occurs on separate days or is 
continuing in nature, the fine shall not exceed twenty-five thousand 
dollars for each day of such violation. The revision to West Virginia's 
statute clearly meets the requirements of 40 CFR 70.11.

What Action Is Being Taken By EPA?

    The State of West Virginia has satisfactorily addressed the program 
deficiencies identified when EPA granted final interim approval of its 
operating permit program on November 15, 1995. The operating permit 
program amendments that are the subject of this document considered 
together with that portion of West Virginia's operating permit program 
that was earlier approved on an interim basis fully satisfy the minimum 
requirements of 40 CFR part 70 and the Clean Air Act. Therefore, EPA is 
taking direct final action to fully approve the West Virginia title V 
operating permit program in accordance with 40 CFR 70.4(e).
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the operating permits program approval if 
adverse comments are filed relevant to the issues discussed in this 
action. This rule will be effective on November 19, 2001 without 
further notice unless EPA receives adverse comment by November 2, 2001. 
If EPA receives adverse comment, EPA will publish a timely withdrawal 
in the Federal Register informing the public that the rule will not 
take effect. The EPA will address all public comments in a subsequent 
final rule based on the proposed rule. The EPA will not institute a 
second comment period on this action. Any parties interested in 
commenting must do so at this time. Please note that if EPA receives 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, EPA 
may adopt as final those provisions of the rule that are not the 
subject of an adverse comment.

Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 F.R. 28355 (May 22, 2001)). This 
action merely approves State law as meeting Federal requirements and 
imposes no additional requirements beyond those imposed by State law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under State law and does 
not impose any additional enforceable duty beyond that required by 
State law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a State rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing State operating permit program submissions, EPA's role 
is to approve State choices, provided that they meet the criteria of 
the Clean Air Act. In this context, in the absence of a prior existing 
requirement for the State to use voluntary consensus standards (VCS), 
EPA has no authority to disapprove an operating permit program 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews an operating permit program 
submission, to use VCS in place of an operating permit program 
submission that otherwise satisfies the provisions of the Clean Air 
Act. Thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
As required by section 3 of Executive Order 12988 (61 FR 4729, February 
7, 1996), in issuing this rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. The EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of the rule in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings' issued under the executive 
order. This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the 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 3, 2001. Filing a 
petition for

[[Page 50329]]

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 fully approving West Virginia's title V operating permit 
program may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 70

    Administrative practice and procedure, Air pollution control, 
Environmental protection, Intergovernmental relations, Operating 
permits, Reporting and recordkeeping requirements.

    Dated: September 25, 2001.
Donald S. Welsh,
Regional Administrator, Region III.

    Appendix A of part 70 of title 40, chapter I, 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:

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

    2. Appendix A to part 70 is amended by adding paragraphs (b) and 
(c) in the entry for West Virginia to read as follows:

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

* * * * *

West Virginia

* * * * *
    (b) The West Virginia Department of Environmental Protection 
submitted nonsubstantial program revisions to its program on 
February 11, 1997. The revisions involved additions to West 
Virginia's ``insignificant activity'' list. The revisions were 
approved on October 6, 1997 by letter from W. Michael McCabe, 
Regional Administrator, EPA Region III.
    (c) The West Virginia Department of Environmental Protection 
submitted program amendments on June 1, 2001. The rule revisions 
contained in the June 1, 2001 submittal adequately addressed the 
conditions of the interim approval effective on December 15, 1995. 
The State is hereby granted final full approval effective on 
November 19, 2001.
* * * * *
[FR Doc. 01-24709 Filed 10-2-01; 8:45 am]
BILLING CODE 6560-50-P