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Announcement of a Federal Operating Permits Program Consistent With 40 CFR Part 71; Maryland; Delegation of the Title V Permitting Program

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[Federal Register: December 5, 2001 (Volume 66, Number 234)]
[Notices]
[Page 63236-63237]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de01-61]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7112-7]
 
Announcement of a Federal Operating Permits Program Consistent 
With 40 CFR Part 71; Maryland; Delegation of the Title V Permitting 
Program

AGENCY: Environmental Protection Agency (EPA).
ACTION: Informational notice.

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SUMMARY: The purpose of this notice is to announce that on December 1, 
2001, a Federal operating permits program consistent with the 
requirements of the Clean Air Act (the Act) and the applicable Federal 
regulations will be effective in the State of Maryland. Furthermore, 
effective December 1, 2001, EPA is granting the Maryland Department of 
the Environment's (MDE's) request for full delegation of authority to 
implement and enforce the Act's Federal operating permits program. 
Under this delegation, EPA retains its authority to object to the 
issuance of any permit, act upon petitions submitted by the public, and 
collect fees from all owners or operators of sources subject to the 
permitting program if it is demonstrated that MDE is not adequately 
implementing the program in accordance with the Delegation of Authority 
Agreement, the applicable Federal regulations, and/or the Act. The 
procedures for full delegation are specified in a Delegation of 
Authority Agreement between EPA Region III and MDE signed and dated on 
November 27, 2001.

[[Page 63237]]

EFFECTIVE DATES: The Federal operating permits program, 40 CFR part 71, 
will be effective in the State of Maryland on December 1, 2001. The 
effective date for the Delegation of Authority Agreement between EPA 
and MDE is December 1, 2001.

ADDRESSES: Copies of the letter that requests delegation of the federal 
operating permits program and the Delegation of Authority Agreement 
between EPA and MDE are available for public inspection at EPA's Region 
III Office, 1650 Arch Street, Philadelphia, PA 19103 and MDE, 2500 
Broening Highway, Baltimore, MD 21224. Effective December 1, 2001, all 
notifications, requests, applications, reports and other correspondence 
required under 40 CFR part 71 for all Part 71 sources, shall be 
submitted to MDE's Air Quality Permits Program at the following 
address:
    MDE Office--Air Quality Permits Program, Air and Radiation 
Management, Maryland Department of the Environment, 2500 Broening 
Highway, Baltimore, MD 21224. Attn: Permits Program Chief.
    All reports, notifications, requests, petitions pursuant to the 
Federal permitting program, 40 CFR part 71, and the Delegation of 
Authority Agreement from all part 71 sources or the public should be 
submitted to EPA at the following address:
    EPA Office: Permit and Technical Assessment Branch (3AP11), Air 
Protection Division, EPA Region III, 1650 Arch Street, Philadelphia, PA 
19103. Attn: Chief, Permit and Technical Assessment Branch.

FOR FURTHER INFORMATION CONTACT: Helene Drago, Permit and Technical 
Assessment Section (3AP11), Air Protection Division, EPA Region III, 
1650 Arch Street, Philadelphia, PA 19103, Telephone: 215-814-5796, 
email: drago.helene@epa.gov.

SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce 
that on December 1, 2001, the Federal operating permits program 
consistent with the requirements of Title V of the Clean Air Act (the 
Act) as set forth under 40 CFR part 71 (part 71 program) will be 
effective in the State of Maryland. Furthermore, effective December 1, 
2001, EPA is granting the Maryland Department of the Environment's 
(MDE's) request for full delegation of authority to implement and 
enforce the part 71 Federal operating permits program. Under this 
delegation, EPA retains its authority to (1) object to the issuance of 
any part 71 permit, (2) act upon petitions submitted by the public, and 
(3) collect fees from all owners or operators of sources subject to 40 
CFR part 71 if it is demonstrated that MDE is not adequately 
implementing the part 71 program in accordance with the Delegation of 
Authority Agreement, 40 CFR part 71, and/or the Act. The procedures for 
full delegation are specified in a Delegation of Authority Agreement 
between EPA Region III and MDE signed and dated on November 27, 2001.
    On October 30, 1995 (60 FR 55231), the EPA published a proposed 
rule to grant interim approval of Maryland's operating permits program, 
submitted to EPA pursuant to Title V of the Act and 40 CFR part 70 
(part 70 program). On July 3, 1996 (61 FR 34733), EPA published a final 
rule granting interim approval of Maryland's part 70 operating permits 
program. Please see these proposed and final rules for a full 
explanation of the reasons why Maryland did not receive full approval 
of its part 70 program. Under the Act, Maryland had two years after 
receiving interim approval in which to correct the identified 
deficiencies of its part 70 program. In recognition of States' efforts 
to implement the Title V permitting program and EPA's own efforts to 
revise its implementing regulations, EPA granted several extensions to 
the interim approval period. A lawsuit was filed against EPA on June 
21, 2000 by the EarthJustice Legal Defense Fund on behalf of the Sierra 
Club and the New York Public Interest Research Group, regarding these 
extensions. In settlement of that litigation, EPA entered into a 
settlement agreement which provides that no further extensions of the 
interim approval period will be granted for any part 70 operating 
permit programs, including the State of Maryland's, beyond December 1, 
2001. MDE will not be able to address all interim approval deficiencies 
by December 1, 2001. In particular, Maryland will not have enacted 
legislation to provide, unambiguously, standing for judicial review of 
its permits consistent with section 502(b)(6) of the Act and 40 CFR 
70.4(b)(3)(x) and which meets the minimum threshold requirements of 
Article III of the U.S. Constitution for organizations and individuals. 
Therefore, on December 1, 2001, Maryland will lose its interim approval 
status of its part 70 permitting program. Pursuant to the Act, Maryland 
will be required to implement a part 71 Federal operating permit 
program effective December 1, 2001.
    The Act and its implementing regulations under the part 71 
authorize EPA to delegate authority to any state agency that submits 
adequate regulatory procedures for implementation and enforcement of 
the part 71 operating permits program. On September 24, 2001, MDE 
requested full delegation of authority to implement and enforce the 
federal operating permits program consistent with the requirements of 
Title V of the Act and part 71. MDE provided all necessary 
documentation that the State of Maryland has adequate authority and 
adequate resources to implement and enforce the part 71 Federal 
permitting program.
    Pursuant to 40 CFR 71.10(b), EPA hereby notifies the public that 
effective December 1, 2001, it has granted MDE's request and is fully 
delegating the authority to implement and enforce the Federal operating 
permits program as set forth under 40 CFR part 71. Under this 
delegation, MDE has authority to implement and enforce the Federal 
operating permits program consistent with the requirements of Title V 
as set forth under the part 71 program. As previously stated, EPA 
retains its authority to (1) object to the issuance of any part 71 
permit, (2) act upon petitions submitted by the public and (3) collect 
fees from all owners or operators of part 71 sources if it is 
demonstrated that MDE is not adequately implementing the part 71 
program in accordance with the Delegation of Authority Agreement, part 
71, and/or the Act. The full delegation is set forth in a Delegation of 
Authority Agreement between EPA Region III and MDE signed and dated on 
November 27, 2001. If, at any time, EPA determines that MDE is not or 
cannot adequately implement or enforce the requirements of part 71, 
this delegation may be revoked, in whole or in part, pursuant to 40 CFR 
71.10(c).

    Dated: November 27, 2001.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 01-30101 Filed 12-4-01; 8:45 am]
BILLING CODE 6560-50-P

 
 

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