[Federal Register Volume 67, Number 30 (Wednesday, February 13, 2002)]
[Notices]
[Pages 6709-6710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3548]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7143-5]


Operating Permits Program; Notice of Location of Response Letters 
to Citizens Concerning Program Deficiencies

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: The EPA is identifying a web-site which contains letters from 
EPA to citizens which respond to the citizens' comments on alleged 
deficiencies in State and local air operating permits programs. The 
citizen comments were submitted to EPA as a result of a 90-day comment 
period EPA provided for members of the public to identify deficiencies 
they perceive exist in State and local agency operating permits 
programs required by title V of the Clean Air Act (Act). The 90-day 
comment period was from December 11, 2000, until March 12, 2001.

FOR FURTHER INFORMATION CONTACT: Jeff Herring, C304-04, Information 
Transfer and Program Integration Division, Environmental Protection 
Agency, Research Triangle Park, North Carolina, 27711. Telephone: 919-
541-3195. Internet address: [email protected]. 

SUPPLEMENTARY INFORMATION: On December 11, 2000 (65 FR 77376), EPA 
announced a 90-day comment period during which the public could submit 
comments identifying deficiencies they perceived to exist in State and 
local agency operating permits programs required by title V of the Act. 
The 90-day comment period ended on March 12, 2001.
    The December 11, 2000 notice solicited comment from the public 
regarding either deficiencies in the elements of the approved program, 
such as deficiencies in the States' approved regulations, or 
deficiencies in how a permitting authority was implementing its 
program. The Agency indicated that it would consider information 
received from the public and determine whether it agreed or disagreed 
with the purported deficiencies and would then publish notices of those 
findings. Where the Agency agreed that a claimed shortcoming 
constituted a deficiency, it indicated it would issue a notice of 
deficiency. Where the Agency disagreed as to the existence of a 
deficiency, it indicated it would respond to the citizen comments by 
December 1, 2001, for comments on programs granted interim approval as 
of December 11, 2000. For programs granted full approval as of December 
11, 2000, EPA indicated it would respond to citizen comments by April 
1, 2002.
    In accordance with the procedures set forth in the December 11, 
2000, notice and outlined above, EPA has issued notices of deficiency 
for several State permitting authorities in connection with the citizen 
comment letters submitted pursuant to the December 11, 2000, notice. 
Notices of deficiency have been published in the Federal Register for 
the following permitting authorities:

[[Page 6710]]



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             Permitting authority                                           Citation
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State of Michigan............................  66 FR 64038, December 11, 2001.
State of Indiana.............................  66 FR 64039, December 11, 2001.
District of Columbia.........................  66 FR 65947, December 21, 2001.
State of Washington..........................  67 FR 72, January 2, 2002.
State of Texas...............................  67 FR 732, January 7, 2002.
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    Also in accordance with the December 11, 2000, notice, EPA has 
issued Agency response letters to citizen comments which explain EPA's 
reasoning in those instances where the Agency disagrees that particular 
alleged problems constitute deficiencies within the meaning of part 70. 
The EPA hereby notifies the public that these letters are available via 
the internet at the following web address: (http://www.epa.gov/air/oaqps/permits/response/). The EPA notes further that the terms 
``deficiency'' and ``notice of deficiency'' are terms of art under the 
operating permits regulations in part 70. Thus, as explained in our 
letters responding to citizen comments, in some instances where EPA 
declined to issue a notice of deficiency, it was because the Agency 
disagreed that there was a problem with the State program or its 
implementation that requires correction. In other instances, however, 
EPA agreed in whole or in part with commenters that a program was not 
being properly implemented but nevertheless did not issue a notice of 
deficiency. Rather, EPA determined that the alleged deficiency had been 
corrected because the State had made a firm commitment to correct 
program implementation shortcomings where that could be accomplished on 
a timely basis by the State administratively without additional 
rulemaking or legislation.

Background

    Pursuant to section 502(b) of the Act, EPA has promulgated 
regulations establishing the minimum requirements for State and local 
air agency operating permits programs. We promulgated these regulations 
on July 21, 1992 (57 FR 32250), in part 70 of title 40, chapter I, of 
the Code of Federal Regulations. Section 502(d) of the Act requires 
each State to develop and submit to EPA an operating permits program 
meeting the requirements of the part 70 regulations and requires us to 
approve or disapprove the submitted program. In some cases, States have 
delegated authority to local city, county, or district air pollution 
control agencies to administer operating permits programs in their 
jurisdictions. These operating permits programs must meet the same 
requirements as the State programs. In accordance with section 502(g) 
of the Act and 40 CFR 70.4(d), for 99 State and local operating permits 
programs, we granted ``interim'' rather than full approval because the 
programs substantially met, but did not fully meet, the provisions of 
part 70. For interim approved programs, we identified in the notice of 
interim approval those program deficiencies that would have to be 
corrected before we could grant the program full approval. As of 
December 11, 2000, some of those 99 programs had since been granted 
full approval and the remainder still had interim approval status.
    After a State or local permitting program is granted full or 
interim approval, EPA has oversight of the program to insure that the 
program is implemented correctly and is not changed in an unacceptable 
manner. Section 70.4(i) of the part 70 regulations requires permitting 
authorities to keep us apprised of any proposed program modifications 
and also to submit any program modifications to us for approval. 
Section 70.10(b) requires any approved operating permits program to be 
implemented `` * * * in accordance with the requirements of this part 
and of any agreement between the State and the Administrator concerning 
operation of the program.''
    Furthermore, Secs. 70.4(i) and 70.10(b) provide authority for us to 
require permitting authorities to correct program or implementation 
deficiencies. As explained previously, EPA has exercised these 
authorities by in some instances issuing notices of deficiency and in 
other instances issuing letters explaining why we do not agree that 
deficiencies exist.

    Dated: February 5, 2002.
Anna B. Duncan,
Acting Director, Information Transfer and Program Integration Division.
[FR Doc. 02-3548 Filed 2-12-02; 8:45 am]
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