[Federal Register Volume 67, Number 25 (Wednesday, February 6, 2002)]
[Rules and Regulations]
[Pages 5490-5491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2834]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 55 and 71

[FRL-7138-1]


State and Local Jurisdictions Where a Federal Operating Permits 
Program Became Effective on December 1, 2001--Connecticut; Maryland

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of States and local jurisdictions subject to 40 CFR 
parts 55 and 71.

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SUMMARY: On July 1, 1996, pursuant to title V of the Clean Air Act 
(Act) as amended in 1990, EPA published a new regulation at 61 FR 34202 
(codified as 40 CFR part 71) setting forth the procedures and terms 
under which the Administrator will issue operating permits to covered 
stationary sources of air pollution. This rule, called the ``part 71 
rule,'' became effective on July 31, 1996. In general, the primary 
responsibility for issuing operating permits to sources rests with 
State, local, and Tribal air agencies. However, EPA will administer a 
Federal operating permits program in areas that lack an EPA-approved or 
adequately administered operating permits program and in other limited 
situations. The Federal operating permits program will serve as a 
``safety net'' to ensure that sources of air pollution are meeting 
their permitting requirements under the Act. Federally issued permits 
will meet the same title V requirements as do State issued permits. The 
purpose of this document is to provide the names of those State and 
local jurisdictions where a Federal operating permits program is 
effective on December 1, 2001.

FOR FURTHER INFORMATION CONTACT: A. Scott Voorhees at (919) 541-5348 
(e-mail: [email protected]).

SUPPLEMENTARY INFORMATION:

I. Background, Authority and Purpose

What Is the Intent of ``Title V'' of the Clean Air Act?

    Title V of the Act as amended in 1990 (42 U.S.C. 7661 et seq.) 
directs States to develop, administer, and enforce operating permits 
programs that comply with the requirements of title V (section 
502(d)(l)). Section 502(b) of the Act requires that EPA promulgate 
regulations setting forth provisions under which States develop 
operating permits programs and submit them to EPA for approval. 
Pursuant to this section, EPA promulgated 40 CFR part 70 on July 21, 
1992 (57 FR 32250) which specifies the minimum elements of approvable 
State operating permits programs.

What Is a ``Federal Operating Permits Program''?

    Sections 502(d)(3) and 502(i)(4) of the Act require EPA to 
promulgate a Federal operating permits program when a State does not 
obtain approval of its program within the timeframe set by title V or 
when a State fails to adequately administer and enforce its approved 
program. The part 71 rule published on July 1, 1996 establishes a 
national template for a Federal operating permits program that EPA will 
administer and enforce in those situations. Part 71 also establishes 
the procedures for issuing Federal permits to sources for which States 
do not have jurisdiction (e.g., Outer Continental Shelf sources outside 
of State jurisdictions and sources located in Indian Country over which 
EPA and Indian Tribes have jurisdiction). Finally, part 71 provides for 
delegation of certain duties that may provide for a smoother program 
transition when part 70 programs are approved.
    This notice makes frequent use of the term ``State.'' This term 
includes a State or a local air pollution control agency that would be 
the permitting authority for a part 70 permit program. The term 
``permitting authority'' can refer to State, local, or Tribal agencies 
and may

[[Page 5491]]

also apply to EPA where the Agency is the permitting authority of 
record.

II. Description of Action

What Is the Purpose of This Notice?

    The EPA is, by this notice, providing a list of State and local 
jurisdictions where EPA assumed responsibility to issue permits, 
effective as of December 1, 2001. The EPA received submittals of part 
70 operating permits programs from all 52 State and territorial 
agencies and all 60 local programs. The EPA has granted full approvals 
to all of the operating permits programs except Connecticut and 
Maryland. As a result, EPA expects that the impact of the Federal 
operating permits program rule will be minimal. The EPA is working with 
the affected States in an effort to fully approve a State program 
before significant resources must be expended.

Will Some Pollution Sources Be Required To Prepare New Permit 
Applications?

    Yes. Section 71.5(a)(1) of part 71 provides that a timely 
application is one that is submitted within 12 months or an earlier 
date after a source that does not have an operating permit issued by a 
State under the State's part 70 program becomes subject to the part 71 
program. Because part 71 for these two State jurisdictions was 
effective on December 1, 2001, such sources are required to submit part 
71 permit applications no later than December 1, 2002. Sources required 
to submit applications earlier than 12 months will be notified in 
advance by the permitting authority (whether it is EPA or a State in 
the case of a delegated part 71 program) and given a reasonable time to 
submit their applications. In general, this notice shall not be given 
less than 180 days in advance of the deadline for submittal of the 
application.

III. List of States and Local Jurisdictions

Which State and Local Jurisdictions Became Subject to a Federal 
Operating Permits Program on December 1, 2001?

    Connecticut: The EPA's Region I proposed full approval of the 
State's program on August 13, 2001. See 66 FR 42496. However, EPA is 
unable to take final action on this proposal because Connecticut's 
interim approval expired on December 1, 2001, and the necessary 
corrections to the State's program will not become effective until 
early 2002. Until Connecticut's program receives final full approval, 
part 71 is effective in the State.
    Maryland: Maryland acknowledged that it would not have in place by 
December 1, 2001 law to unambiguously provide standing for judicial 
review of the permits consistent with the Act and 40 CFR part 70. 
Therefore, on December 1, 2001, Maryland lost its interim approval 
status of its part 70 permitting program. See 66 FR 63236 (December 5, 
2001) for further details.
    The Office of Management and Budget has exempted this action 
informing the public of a Federal air quality permitting program, as 
outlined above, from Executive Order 12688 review. This notice is 
issued under the authority of sections 101, 110, 112 and 301 of the Act 
as amended (42 U.S.C. 7401, 7410, 7412, 7601).

    Dated: January 30, 2002.
John S. Seitz,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 02-2834 Filed 2-5-02; 8:45 am]
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