[Federal Register: February 13, 2002 (Volume 67, Number 30)]
[Notices]
[Page 6709-6710]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe02-69]
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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: herring.jeff@epa.gov.
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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