37046 Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations

Dated: June 7, 2000.

A. Lee Fritschler,

Assistant Secretary, Office of Postsecondary

Education.

[FR Doc. 00–14823 Filed 6–12–00; 8:45 am]

BILLING CODE 4000–01–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[WV—6013a; FRL–6714–2]

Approval and Promulgation of State

Air Quality Plans for Designated

Facilities and Pollutants; West

Virginia; Control of Emissions From

Existing Hospital/Medical/Infectious

Waste Incinerators

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving the West

Virginia hospital/medical/infectious

waste incinerator (HMIWI) 111(d)/129

plan ( the ‘‘plan’’) submitted on August

18, 1999 by the West Virginia Division

of Environmental Protection (WV DEP),

and the subsequent plan amendment of

April 19, 2000. The plan establishes

emission limitations and other

requirements for existing HMIWIs, and

provides for the implementation and

enforcement of those limitations and

requirements.

DATES: This final rule is effective July

28, 2000 unless by July 13, 2000 adverse

or critical comments are received. If

adverse comment is received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Comments may be mailed to

Makeba A. Morris, Chief, Technical

Assessment Branch, Mailcode 3AP22,

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the following locations: Air

Protection Division, Environmental

Protection Agency, Region III, 1650

Arch Street, Philadelphia, Pennsylvania

19103–2029; and the West Virginia

Division of Environmental Protection,

Office of Air Quality, 7012 MacCorkle

Avenue, South East, Charleston, West

Virginia 25304.

FOR FURTHER INFORMATION CONTACT:

James B. Topsale at (215) 814–2190, or

by e-mail at topsale.jim@epa.gov.

SUPPLEMENTARY INFORMATION: This

document is divided into Sections I

through V and answers the questions

posed below.

I. General Provisions

What is EPA approving?

What is a State/local 111(d)/129 plan?

What pollutant(s) will this action control?

What are the expected environmental and

public health benefits from controlling

HMIWI emissions?

II. Federal Requirements the WV HMIWI

111(d)/129 Plan Must Meet for Approval

What general EPA requirements must the

WV DEP meet in order to receive

approval of its HMIWI 111(d)/129 plan?

What does the WV plan contain?

Does the WV plan meet all EPA

requirements for approval?

III. Requirements for Affected HMIWI

Owners/Operators

How do I determine if my HMIWI is

subject to the WV 111(d)/129 plan?

What general requirements must I meet

under the approved EPA 111(d)/129

plan?

What emissions limits must I meet, and in

what time frame?

Are there any operational requirements for

my HMIWI and air pollution control

system?

What are the testing, monitoring,

recordkeeping, and reporting

requirements for my HMIWI?

Is there a requirement for obtaining a Title

V permit?

IV. Final EPA Action

V. Administrative Requirements

I. General Provisions

Q. What is EPA approving?

A. EPA is approving the WV 111(d)/

129 plan (the ‘‘plan’’) for the control of

air pollution emissions from hospital/

medical/infectious waste incinerators

(HMIWIs). The plan was developed by

the WV DEP. On August 18, 1999 the

WV DEP submitted its plan to EPA; and

on April 19, 2000 submitted a plan

amendment. EPA is publishing this

approval action without prior proposal

because we view this as a

noncontroversial action and anticipate

no adverse comments.

Q. What is a State/local 111(d)/129

plan?

A. Section 111(d) of the Clean Air Act

(CAA) requires that ‘‘designated’’

pollutants, controlled under standards

of performance for new stationary

sources by Section 111(b) of the CAA,

must also be controlled at existing

sources in the same source category to

a level stipulated in an emission

guidelines (EG) document. Section 129

of the CAA specifically addresses solid

waste combustion and emissions

controls based on what is commonly

referred to as maximum achievable

control technology (MACT). Section 129

requires EPA to promulgate a MACTbased EG document, and then requires

states to develop 111(d)/129 plans that

implement and enforce the EG

requirements. The HMIWI EG at 40 CFR

part 60, subpart Ce, establish the MACT

requirements under the authority of

both Sections 111(d) and 129 of the

CAA. These requirements must be

incorporated into a State/local 111(d)/

129 plan that is ‘‘at least as protective’’

as the EG, and is Federally enforceable

upon approval by EPA.

The procedures for adoption and

submittal of State 111(d)/129 plans are

codified in 40 CFR part 60, subpart B.

Additional information on the submittal

of State plans is provided in the EPA

document, ‘‘Hospital/Medical/Infectious

Waste Incinerator Emission Guidelines:

Summary of the Requirements for

Section 111(d)/129 State Plans, EPA–

456/R–97–007, November, 1997.’’

Q. What pollutant(s) will this action

control?

A. The September 15, 1997

promulgated EG, Subpart Ce, are

applicable to all existing HMIWIs (i.e.,

the designated facilities) that emit

organics (dioxins/furans), carbon

monoxide, metals (cadmium, lead,

mercury, particulate matter), opacity,

and acid gases (hydrogen chloride,

sulfur dioxide, and nitrogen oxides).

This action establishes emission

limitations for each of these pollutants.

Q. What are the expected

environmental and public health

benefits from controlling HMIWI

emissions?

A. HMIWI emissions can have adverse

effects on both public health and the

environment. Dioxin, lead, and mercury

can bioaccumulate in the environment.

Exposure to dioxins/furans has been

linked to reproductive and

developmental effects, changes in

hormone levels, and chloracne.

Respiratory and other effects are

associated with exposure to particulate

matter, sulfur dioxide, cadmium,

hydrogen chloride, and mercury. Health

effects associated with exposure to

cadmium, and lead include probable

carcinogenic effects. Acid gases

contribute to the acid rain that lowers

the pH of surface waters and

watersheds, harms forests, and damages

buildings.

II. Federal Requirements the West

Virginia HMIWI 111(d)/129 Plan Must

Meet for Approval

Q. What general requirements must

the WV DEP meet to receive approval of

its WV 111(d)/129 plan?

A. The plan must meet the

requirements of both 40 CFR part 60,

subparts B, and Ce. Subpart B specifies

detailed procedures for the adoption

and submittal of State plans for

Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations 37047

designated pollutants and facilities. The

EG, Subpart Ce, and the related new

source performance (NSPS), Subpart Ec,

contain the requirements for the control

of designated pollutants, as listed above,

in accordance with Sections 111(d) and

129 of the CAA. In general, the

applicable provisions of Subpart Ec

relate to compliance and performance

testing, monitoring, reporting, and

recordkeeping. More specifically, the

WV plan must meet the requirements of

(1) 40 CFR part 60, subpart Ce, Sections

60.30e through 60.39c, and the related

Subpart Ec provisions; and (2) 40 CFR

part 60, subpart B, sections 60.23

through 26.

Q. What does the WV plan contain?

A. Consistent with the requirements

of Subparts B, Ce and Ec, the WV plan

contains the following elements:

1. A demonstration of West Virginia’s

legal authority to implement the plan;

2. Identification of the West Virginia

enforceable mechanism, rule 45CSR24

‘‘To Prevent and Control Emissions from

Hospital/Medical/Infectious Waste

Incinerators’’;

3. Source and emission inventories, as

required;

4. Emission limitation requirements

that are no less stringent than those in

Subpart Ce;

5. A source compliance schedule,

including increments of progress, as

required;

6. Source testing, monitoring,

recordkeeping, and reporting

requirements;

7. HMIWI operator training and

qualification requirements;

8. Requirements for development of a

Waste Management Plan;

9. Records of the public hearing on

the WV plan;

10. Provision for the WV DEP

submittal to EPA of annual reports on

progress in plan enforcement; and

11. A Title V permit application due

date.

On August 3, 1998, the WV DEP filed

45CSR24, ‘‘To Prevent and Control

Emissions from Hospital/Medical/

Infectious Waste Incinerators’’ with the

Legislative Rulemaking Review

Committee (LRMC) for its

recommendation and approval to the

1999 Legislature. Legislative approval

was received and the regulation became

effective on June 1, 1999. Subsequent

regulation amendments, which correct

typographical errors and clarify the final

compliance date, were also approved

and became effective on May 1, 2000.

The regulation applies to existing

HMIWIs and incorporates by reference

(IBR) related and applicable new source

performance standards, Subpart Ec.

Q. Does the WV 111(d)/129 plan meet

all EPA requirements for approval?

A. Yes. The WV DEP has submitted a

plan that conforms to all EPA Subpart

B and Ce requirements. Each of the

above listed plan elements is

approvable. Details regarding the

approvability of the plan elements are

included in the technical support

document (TSD) associated with this

action. A copy of the TSD is available,

upon request, from the EPA Regional

Office listed in the ADDRESSES section of

this document.

III. Requirements Affected HMIWI

Owners/Operators Must Meet

Q. How do I determine if my HMIWI

is a designated facility subject to the WV

111(d)/129 plan?

A. If construction commenced on

your HMIWI on or before June 20, 1996,

your HMIWI is classified as an existing

or designated facility that may be

subject the plan. The plan contains no

lower applicability threshold based on

incinerator capacity. However, there are

designated facility exemptions. Those

exemptions include incinerators that

burn only pathological, low level

radioactive, and/or chemotherapeutic

waste; co-fired combustors; incinerators

permitted under Section 3005 of the

Solid Waste Disposal Act; municipal

waste combustors (MWC) subject to

EPA’s municipal waste combustor rule;

pyrolysis units; and cement kilns.

Details regarding applicability and

exemptions provisions are stipulated in

WV regulation 45SCR24 § 3.

Q. As an affected HMIWI owner/

operator, what general requirements

must I meet under the approved EPA

111(d)/129 plan?

A. In general, the West Virginia

HMIWI regulation establishes the

following requirements:

• Emission limitations for particulate

matter (PM), opacity, carbon

monoxide (CO), dioxins/furans (CDD/

CDF), hydrogen chloride (HCl), sulfur

dioxide (SO2), nitrogen oxides (NOX),

lead (Pb), cadmium (Cd), and mercury

(Hg)

• Compliance and performance testing

• Operating parameter monitoring

• Operator training and qualification

• Development of a waste management

plan

• Source testing, recordkeeping and

reporting

• A Title V permit

A full and comprehensive statement

of the above requirements is

incorporated in the WV DEP regulation

45CSR24.

Q. What emissions limits must I meet,

and in what time frame?

A. You must install an emissions

controls system capable of meeting the

MACT emission limitations for the

pollutants identified above. The

pollutant emission limitations are

stipulated in Table 1 of 45CSR24

§§ 4.3.a. and g.; and §§ 4.4.a, and i..

Compliance is required within one year

after the effective date of EPA approval

of the WV 111(d)/129 plan. With

adequate justification, you may petition

the WV DEP for a compliance schedule

extension that does not extend beyond

September 15, 2002. Petitions must be

submitted no later than nine months

after the effective date of EPA plan

approval. Petitions must include

documentation of your analysis

undertaken to support the need for an

extension, and your evaluation of the

option to transport the waste offsite to

a commercial medical waste treatment

and disposal facility on a temporary or

permanent basis. Also, your extension

petition must include increments of

progress that are no less stringent than

those specified in the plan and

regulation, 45CSR24 § 7.2.

Q. Are there any operational

requirements for my HMIWI and

emissions control system?

A. Yes, there are operational

requirements. In summary, the

operational requirements relate to: (1)

The HMIWI and air pollution control

devices (APCD) operating within certain

established parameter limits,

determined during the initial

performance test; (2) the use of a trained

and qualified HMIWI operator; and (3)

the completion of an annual update of

operation and maintenance information,

and its review by the HMIWI operators.

Failure to operate the HMIWI or

APCD within certain established

operating parameter limits constitutes

an emissions violation for the controlled

air pollutants. However, as a HMIWI

owner/operator, you are provided an

opportunity to establish revised

operating limits, and demonstrate that

your facility is meeting the required

emission limitations, providing a repeat

performance test is conducted in a

timely manner.

A fully trained and qualified operator

must be available at your facility during

the operation of the HMIWI, or the

operator must be readily available to the

facility within one hour. In order to be

classified as a qualified operator, you

must complete an appropriate HMIWI

operator training course that meets the

Subpart Ec criteria referenced in

45CSR24 §§ 4.3.b and 4.4.b. Compliance

must be achieved within one year of the

effective date of EPA approval of the

plan. Also, as a HMIWI owner/operator,

you are required to develop and update

37048 Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations

annually site-specific information

regarding your facility’s operations.

Each of your HMIWI operators is

required on an annual basis to review

the updated operational and

maintenance information.

The WV regulation IBR the applicable

operational requirements of the EG and

the related NSPS. See 40 CFR subpart

Ec, §§ 60.56c, 60.53c, and 60.58c for

details regarding these operational

requirements.

Q. What are the testing, monitoring,

recordkeeping, and reporting

requirements for my HMIWI?

A. Testing, monitoring,

recordkeeping, and reporting

requirements are summarized below:

You are required to conduct an initial

stack test to determine compliance with

the emission limitations for PM,

opacity, CO, CDD/CDF, HCl, Pb, Cd, and

Hg. As noted above, operating parameter

limits are monitored and established

during the initial performance test.

Monitored HMIWI operating parameters

include, for example, waste charge rate,

secondary chamber and bypass stack

temperatures. APCD operating

parameters include, for example, CDD/

CDF and Hg sorbent (e.g., carbon) flow

rate, hydrogen chloride sorbent (e.g.,

lime) flow rate, PM control device inlet

temperature, pressure drop across the

control system, and liquid flow rate,

including pH. After the initial stack test,

compliance testing is then required

annually to determine compliance with

the emission limitations for PM, CO,

and HCl.

Recordkeeping and reporting are

required in order to document (1) the

results of the initial and annual

performance tests, (2) the monitoring of

site-specific operating parameters, (3)

compliance with the operator training

and qualification requirements, and (4)

the development of the waste

management plan. Records must be

maintained for at least five years.

The WV regulation IBR the applicable

testing, monitoring, recordkeeping, and

reporting requirements of the EG and

related NSPS. See 40 CFR subpart Ec,

§§ 60.56c, 60.57c, and 60.58c,

respectively for details regarding these

requirements.

Q. Is there a requirement for obtaining

a Title V permit?

A. Yes, affected facilities are required

to submit a complete Title V application

to the WV DEP no later than September

15, 2000.

IV. Final EPA Action

The WV 111(d)/129 plan for

controlling HMIWI emissions is

approvable. This approval does not

include provisions, such as siting and

fugitive emission requirements, that

relate solely to facilities subject to the

NSPS, and are not referenced in the EG.

Based upon the rationale discussed

above and in further detail in the TSD

associated with this action, EPA is

approving the WV 111(d)/129 plan for

the control of HMIWI emissions from

designated facilities. As provided by 40

CFR § 60.28(c), any revisions to the WV

plan or associated regulations will not

be considered part of the applicable

plan until submitted by the WV DEP in

accordance with 40 CFR § 60.28(a) or

(b), as applicable, and until approved by

EPA in accordance with 40 CFR part 60,

subpart B.

EPA is publishing this action without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the 111(d) plan

should relevant adverse or critical

comments be filed. This rule will be

effective July 28, 2000 without further

notice unless the Agency receives

relevant adverse comments by July 13,

2000. If EPA receives such comments,

then EPA will publish a document

withdrawing the final rule and

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

this rule. Only parties interested in

commenting on this rule should do so

at this time. If no such comments are

received, the public is advised that this

rule will be effective on July 28, 2000

and no further action will be taken on

the proposed rule.

V. Administrative Requirements

A. General Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4).

For the same reason, this rule also does

not significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This rule will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

approves a state rule implementing a

federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

In reviewing 111(d)/129 plan

submissions, EPA’s role is to approve

state choices, provided that they meet

the criteria of the Clean Air Act. In this

context, in the absence of a prior

existing requirement for the State to use

voluntary consensus standards (VCS),

EPA has no authority to disapprove a

111(d)/129 plan submission for failure

to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a 111(d)/129 plan

submission, to use VCS in place of a

111(d)/129 plan submission that

otherwise satisfies the provisions of the

Clean Air Act. Thus, the requirements of

section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (15 U.S.C. 272 note) do not

apply. As required by section 3 of

Executive Order 12988 (61 FR 4729,

February 7, 1996), in issuing this rule,

EPA has taken the necessary steps to

eliminate drafting errors and ambiguity,

minimize potential litigation, and

provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’ issued under the

executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations 37049

B. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by August 14, 2000.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action

approving the West Virginia 111(d)/129

plan for HMIWI may not be challenged

later in proceedings to enforce its

requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Reporting and recordkeeping

requirements.

Dated: June 1, 2000.

Bradley M. Campbell,

Regional Administrator, EPA Region III.

40 CFR part 62, subpart XX, is

amended as follows:

PART 62—[AMENDED]

1. The authority citation for Part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart XX—West Virginia

2. A new center heading and

§§ 62.12150, 62.12151, and 62.12152 are

added to Subpart XX to read as follows:

Emissions From Existing Hospital/

Medical/Infectious Waste Incinerators

(HMIWIs)—SECTION 111(d)/129 Plan

§ 62.12150 Identification of plan.

Section 111(d)/129 plan for HMIWIs

and the associated West Virginia (WV)

Department of Environmental Protection

regulations, as submitted on August 18,

1999, and as amended on April 19,

2000.

§ 62.12151 Identification of sources.

The plan applies to all existing WV

HMIWI for which construction was

commenced on or before June 20, 1996.

§ 62.12152 Effective date.

The effective date of the plan is July

28, 2000.

[FR Doc. 00–14766 Filed 6–12–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[MT–001a; FRL–6714–4]

Clean Air Act Full Approval of

Operating Permit Program; State of

Montana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is promulgating full

approval of the operating permit

program submitted by the State of

Montana. Montana’s operating permit

program was submitted for the purpose

of meeting the federal Clean Air Act

(Act) directive that states develop, and

submit to EPA, programs for issuing

operating permits to all major stationary

sources and to certain other sources

within the states’ jurisdiction.

DATES: This direct final rule is effective

on August 14, 2000 without further

notice, unless EPA receives adverse

comment by July 13, 2000. If adverse

comment is received, EPA will publish

a timely withdrawal of the direct final

rule in the Federal Register and inform

the public that the rule will not take

effect.

ADDRESSES: Written comments may be

mailed to Richard R. Long, Director, Air

and Radiation Program, Mail Code 8P–

AR, Environmental Protection Agency

(EPA), Region VIII, 999 18th Street,

Suite 500, Denver, Colorado 80202–

2466. Copies of the documents relevant

to this action are available for public

inspection during normal business

hours at the U.S. Environmental

Protection Agency, Air and Radiation

Program, Region VIII, 999 18th Street,

Suite 500, Denver, Colorado, 80202–

2466 and are also available during

normal business hours at the Montana

Department of Environmental Quality,

1520 East 6th Avenue, P.O. Box 200901,

Helena, Montana 59620–0901.

FOR FURTHER INFORMATION CONTACT:

Patricia Reisbeck, 8P–AR, U.S.

Environmental Protection Agency,

Region 8, 999 18th Street, Denver,

Colorado 80202–2466, (303) 312–6435.

SUPPLEMENTARY INFORMATION:

I. Background

As required under Title V of the Clean

Air Act (‘‘the Act’’) as amended (42

U.S.C. 7401 et seq.), EPA has

promulgated rules that define the

minimum elements of an approvable

state operating permit program and the

corresponding standards and

procedures by which EPA will approve,

oversee, and withdraw approval of state

operating permit programs (see 57 FR

32250 (July 21, 1992)). These rules are

codified at 40 Code of Federal

Regulations (CFR) part 70 (part 70). Title

V directs states to develop, and submit

to EPA, programs for issuing operating

permits to all major stationary sources

and to certain other sources.

The Act directs states to develop and

submit operating permit programs to

EPA by November 15, 1993, and

requires that EPA act to approve or

disapprove each program within 1 year

after receiving the submittal. The EPA’s

program review occurs pursuant to

section 502 of the Act (42 U.S.C.

§ 7661a) and the part 70 regulations,

which together outline criteria for

approval or disapproval. Where a

program substantially, but not fully,

meets the requirements of part 70, EPA

may grant the program interim approval.

If EPA has not fully approved a program

by two years after the November 15,

1993 date, or before the expiration of an

interim program approval, it must

establish and implement a federal

program. The State of Montana was

granted final interim approval of its

program on May 11, 1995 (see 60 FR

25143) and the program became

effective on June 12, 1995. Interim

approval of the Montana program

expires on December 1, 2001.

II. Analysis of State Submission

The Governor of Montana submitted

an administratively complete Title V

operating permit program for the State

of Montana on March 29, 1994. This

program, including the operating permit

regulations (Title 16, Chapter 8, SubChapter 20, Sections 16.8.2001 through

16.8.2025, inclusive, of the