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Operating Permits Program Interim Approval Criteria

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: June 20, 1996 (Volume 61, Number 120)]
[Rules and Regulations]
[Page 31443-31449]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]




ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[FRL-5521-4]
RIN 2060-AF70
 
Operating Permits Program Interim Approval Criteria

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.




SUMMARY: The EPA is promulgating revisions to the interim approval 
criteria within the regulations in part 70, chapter I, title 40, of the 
Code of Federal Regulations (CFR). Part 70 contains regulations 
requiring States to develop, and submit to EPA for approval, programs 
for issuing operating permits to major, and certain other, stationary 
sources of air pollution as required by title V of the Clean Air Act 
(Act). Two changes to the interim approval criteria were proposed on 
August 29, 1994 to address difficulties in program development that 
have occurred since promulgation of part 70. Today's action finalizes 
one of those changes; the other will be finalized in a subsequent 
action.

    As a result of today's revision to part 70, certain State operating 
permit programs will become eligible for interim program approval. 
Without today's changes, these programs would not have been eligible 
for interim program approval under the part 70 regulations. 
Specifically, interim approval may now be granted for programs which do 
not provide for the incorporation of terms contained in permits issued 
under EPA-approved minor source preconstruction permit programs into 
corresponding part 70 permits.

    To be eligible for this interim approval, such programs would have 
to show compelling reasons for the interim approval and meet certain 
other requirements regarding the content of part 70 permits that 
exclude these applicable preconstruction permit terms during the 2-year 
interim period. After 2 years, interim approval expires and the State 
must have revised its program to address the exclusion of these terms, 
and any other deficiencies, in order to receive full approval.

EFFECTIVE DATE: July 22, 1996.

FOR FURTHER INFORMATION CONTACT: Michael Ling (telephone number 919-
541-4729), U. S. Environmental Protection Agency, Office of Air Quality 
Planning and Standards, Information Transfer and Program Integration 
Division, Mail Drop 12, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    Entities potentially regulated by this action are those State, 
local, or tribal governments who seek approval of their part 70 
operating permit programs, but whose programs do not include minor 
preconstruction permit terms in their part 70 permits. Regulated 
categories include:



                                                Examples of regulated
                 Category                             entities
                                             developed operating permit
                                             programs that exclude minor
                                             NSR terms from title V     
                                             permits and who seek EPA   
                                             approval of such programs  
                                             under the part 70          
                                             regulations.

 
 

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