[Federal Register Volume 67, Number 161 (Tuesday, August 20, 2002)]
[Notices]
[Pages 53923-53925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21199]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7262-9]


Operating Permits Program; Notice of Location of Response Letters 
to Citizens Concerning Program Deficiencies in Georgia, Louisiana, 
Missouri, and Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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[[Page 53924]]

SUMMARY: The EPA is adding letters to its web site which responds to 
citizens' comments on alleged deficiencies in the Georgia, Louisiana, 
Missouri, and Ohio 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:

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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.
State of Missouri...........  67 FR 13626, March 25, 2002.
State of Ohio...............  67 FR 19175, April 18, 2002.
34 California Districts.....  67 FR 35990, May 22, 2002.
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The States identified in these notices of deficiency must adopt 
appropriate corrections to their title V programs and submit them to 
EPA for approval within the timeframes set out in the notices of 
deficiency or face highway and/or offsets sanctions under section 
179(b) of the Act \1\ and implementation of a whole or partial Federal 
operating permits program under part 71 if they fail to do so.
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    \1\ The EPA is in the process of promulgating a rule which will 
address the order of sanctions.
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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 EPA letters responding to 
citizen allegations concerning Georgia, Louisiana, Missouri, and Ohio 
are available at the following web address: (http://www.epa.gov/air/oaqps/permits/response/). In previously published notices (67 FR 6709, 
January 13, 2002 and 67 FR 16374, April 5, 2002), EPA alerted the 
public to this same web site as the location for all previously signed 
EPA response letters. The EPA also notes that when it signs additional 
EPA response letters in the future, it will publish additional notices 
of availability to identify the location of its web site containing 
those letters.
    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

[[Page 53925]]

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, 40 CFR 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.

Administrative Requirements

    Under section 307(b)(1) of the Act, petitions for judicial review 
of EPA's letters responding to the citizen letters on the Georgia, 
Louisiana, Missouri, and Ohio operating permits programs may be filed 
in the United States Court of Appeals for the appropriate circuit 
within 60 days of August 20, 2002.

    Dated: August 8, 2002.
William T. Harnett,
Director, Information Transfer and Program Integration Division.
[FR Doc. 02-21199 Filed 8-19-02; 8:45 am]
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