[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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