13826 Federal Register / Vol. 62, No. 56 / Monday, March 24, 1997 / Rules and Regulations

a significant economic impact on a

substantial number of small entities,

within the meaning of the Act. Because

this rule pertains to the correctional

management of offenders committed to

the custody of the Attorney General or

the Director of the Bureau of Prisons, its

economic impact is limited to the

Bureau’s appropriated funds.

List of Subjects in 28 CFR Part 527

Prisoners.

Kathleen M. Hawk,

Director, Bureau of Prisons.

Accordingly, pursuant to the

rulemaking authority vested in the

Attorney General in 5 U.S.C. 552(a) and

delegated to the Director, Bureau of

Prisons in 28 CFR 0.96(p), part 527 in

subchapter B of 28 CFR, chapter V is

amended as set forth below.

SUBCHAPTER B—INMATE

ADMISSION, CLASSIFICATION, AND

TRANSFER

PART 527—TRANSFERS

1. The authority citation for 28 CFR

part 527 continues to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3565,

3569, 3621, 3622, 3624, 4001, 4042, 4081,

4082 (Repealed in part as to offenses

committed on or after November 1, 1987),

4100–4115, 4161–4166 (Repealed as to

offenses committed on or after November 1,

1987), 4201–4218, 5003, 5006–5024

(Repealed October 12, 1984 as to offenses

committed after that date), 5039; 28 U.S.C.

509, 510; 28 CFR 0.95–0.99.

2. In § 527.31, paragraph (a) is

amended by removing the second

sentence, paragraph (c) is amended by

revising the second sentence, paragraph

(d) is amended by revising the second

sentence, and paragraph (h) is revised to

read as follows:

§ 527.31 Procedures.

* * * * *

(c) * * * The request shall be made

by letter. * * *

(d) * * * Institution staff shall verify

the authenticity of the writ.

* * * * *

(h) Release of inmates classified as

Central Inmate Monitoring Cases

requires review with and/or

coordination by appropriate authorities

in accordance with the provisions of 28

CFR part 524, subpart F.

[FR Doc. 97–7292 Filed 3–21–97; 8:45 am]

BILLING CODE 4410–05–P

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 223

Small Business Timber Sale Set-Aside

Program; Appeal Procedures on

Recomputation of Shares

AGENCY: Forest Service, USDA.

ACTION: Interim rule; request for

comment.

SUMMARY: This interim rule provides an

opportunity for timber purchasers to

appeal the recomputation of the small

business share of National Forest

System Timber sales. The rule is

necessary to implement a legislative

requirement to provide timber

purchasers the opportunity to comment

on and appeal recomputation of shares

and related decisions made under the

Small Business Timber Sale Set-Aside

Program.

DATES: Effective Dates: This rule is

effective March 24, 1997, except for

§ 223.18 paragraph (f) which contains

information collection requirements that

have not been approved by the Office of

Management and Budget. The Forest

Service will publish a subsequent notice

in the Federal Register announcing the

effective date of the information

collection requirements.

Comment Date: Comments on this

interim rule must be received by May

23, 1997.

ADDRESSES: Send written comments to

Director, Timber Management, MAIL

STOP 1105, Forest Service, USDA, P.O.

Box 96090, Washington, DC 20090–

6090. Comments received, including

name and address where provided, shall

be placed in the record of the

rulemaking and made available for

copying and public inspection.

FOR FURTHER INFORMATION CONTACT:

Rod Sallee, Timber Management Staff,

(202) 205–1766.

SUPPLEMENTARY INFORMATION:

Background

Developed in cooperation with the

Small Business Administration, the

Forest Service Small Business Timber

Sale Set-Aside Program is designed to

ensure that qualifying small business

timber purchasers have the opportunity

to purchase a fair proportion of National

Forest System timber offered for sale.

The current set-aside program was

adopted July 26, 1990 (55 FR 30485).

Under the program, the Forest Service

must recompute the shares of timber

sales to be set-aside for qualifying small

businesses every five years based on the

actual volume of sawtimber that has

been purchased and/or harvested by

small businesses. Also, shares must be

recomputed if there is a change in

manufacturing capability, if the

purchaser size class changes, or if

certain purchasers discontinue

operations. Direction to guide

employees in administering the Small

Business Timber Sale Set-Aside

Program is issued in the Forest Service

Manual, Chapter 2430, and Chapter 90

of the Forest Service Timber Sale

Preparation Handbook (FSH) 2409.18.

In 1992, the agency adopted new

administrative appeal procedures at 36

CFR part 215 in response to new

statutory direction. These rules apply to

all National Forest System project-level

decisions for which an environmental

assessment (EA) or impact statement

(EIS) has been prepared. Because the

recomputation of shares under the

Small Business Set-Aside Program is not

subject to documentation in an EA or

EIS, the decisions on the 1996–2000

Forest Service recomputation of small

business shares were not subject to the

appeal procedures. However, since the

agency had accepted appeals of

recomputation decisions under 36 CFR

part 217 prior to adoption of part 215,

the agency decided to establish

procedures for providing notice to

affected purchasers with opportunity to

comment on the recomputation of

shares. Notice of these procedures was

published in the Federal Register on

February 28, 1996 (61 FR 7468).

The Conference Report accompanying

the 1997 Omnibus Appropriation Act

(Public Law 104–208) found the Forest

Service decision to eliminate an

administrative appeals opportunity for

the Small Business Timber Sale SetAside Program ‘‘unacceptable’’ and

directed the Forest Service to reinstate

an appeals process before December 31,

1996. The Conference Report requires

that the agency establish a process by

which purchasers may appeal decisions

concerning recomputations of SBA

shares, structural recomputations of

SBA shares, or changes in policies

impacting the timber sale set-aside

program. It also provides that, as in the

past, decisions related to the

designation of the sales to be set aside

will not be open for appeal.

Good Cause Exemption

The Conference Report accompanying

the FY 1997 Omnibus Appropriation

Act directed reinstatement of the

appeals process by December 31, 1996.

The Department has determined that

such reinstatement can occur only

through informal rulemaking (5 U.S.C.

552). Regrettably, the Department was

not able to meet the December deadline
Federal Register / Vol. 62, No. 56 / Monday, March 24, 1997 / Rules and Regulations 13827

because of the press of other business,

but it is trying to implement the

direction as expeditiously as possible.

Given that the congressional intent can

be met only through rulemaking, that in

the conference report Congress set a

specific date, and that it would be

impracticable to give notice and obtain

comment, good cause exists to adopt an

interim rule without prior public

comment. However, while the rule is

immediately effective to comply with

congressional intent, the Department is

requesting comment on the provisions

set out in this interim rule for

consideration in adoption of a final rule.

Provisions of the Rule

The appeal process at issue is limited

to the Timber Sale Set-Aside Program;

therefore, the interim rule is issued to

36 CFR part 223—Sale and Disposal of

National Forest System Timber, under

Subpart B rules dealing with contract

administration. The Set-Aside Program

appeal procedures are set out at a new

§ 223.118. To the extent possible, the

Department has modeled this very

specific appeal procedure on the other

appeal processes administered by the

Forest Service in order to foster

common interpretation, consistent

processing, and public and employee

understanding.

Paragraph (a) of § 223.118 specifies

that the decisions subject to appeal are

the various recomputations of small

business shares of timber sales, namely

structural, special, and market change as

well as the scheduled five-year

recomputations.

Paragraph (b) addresses the manner of

giving notice of proposed and actual

recomputation decisions. Paragraph

(b)(1) of the interim rule requires the

agency to give predecisional notice and

opportunity to comment on ‘‘draft’’

recomputation decisions. Timber sale

purchasers in the affected area will have

30 days to review the draft decision and

supporting data and to provide

comments. The Responsible Official has

15 days to review and consider the

comments and to make and give notice

of the recomputation decision. This

approach is consistent with the

predecisional notice and comment

procedures of the agency’s principal

appeal rules at 36 CFR part 215.

Paragraph (b)(2) of the interim rule

requires the Responsible Official to give

written notice of the final decision to all

purchasers on the timer sale bidders list

for the affected area and to advise them

of appeal rights and filing procedures.

This decision notice must identify the

name of the Appeal Deciding Officer to

whom a appeal of the decision may be

filed, the address, and the deadline for

filing.

Paragraph (c) of § 223.118 specifies

that only timber sale purchasers on the

bidders list for the affected area who

have submitted predecisional comments

pursuant to paragraph (b) may appeal.

This approach is consistent with that at

36 CFR 215.11, which provides that

prior participation in the

decisionmaking process is a condition

of appeal. However, unlike the rules at

36 CFR 215.11, this interim rule does

not permit interested parties (parties

other than affected purchasers of their

representative) to submit views for

consideration in the appeal process.

Since only purchasers are directly

affected by the recomputation of the

small business share of the local timber

sale program, there is no apparent need

to provide for participation of interested

parties.

Paragraph (d) of the interim rule

provides for one level of appeal and

notes that generally appeals are

conducted by the Regional Forester.

Consistent with the approach under 36

CFR part 215, only one level of appeal

is provided.

Paragraph (e) provides 20 days to file

a notice of appeal with the Appeal

Deciding Officer.

Paragraph (f) sets out the minimums

information that must be included in a

notice of appeal. The requirements in

paragraph (f)(2) constitute an

information collection as defined by the

Paperwork Reduction Act and are

described in detail later in the preamble

under the heading ‘‘Controlling

Paperwork Burden on the Public.’’ This

provision of the rule is not effective

until the Office of Management and

Budget approves the information

requirement. Emergency approval of the

information required in a notice of

appeal has been requested from the

Office of Management and Budget. The

agency will give notice of the number

assigned to the information required by

paragraph (f) along with the effective

date which will be published in the

Federal Register. In the meantime, the

public is invited to submit comments on

this collection.

Paragraph (g) addresses the filing

periods, how time periods are

calculated, and how timeliness is

determined. These procedures are

basically the same as those already in

use with other Forest Service appeal

procedures under 36 CFR parts 215,

217, and 251, subpart C.

Paragraph (h) sets out the three

circumstances under which an appeal

will be dismissed without a decision.

These are consistent with dismissal of

appeals under part 215.

Paragraph (i) defines the record on

which the Appeal Deciding Officer must

base the appeal decision. In the interest

of an efficient and timely appeal

process, the record is limited to the

written decision, supporting

documentation, the notice of appeal,

and the responsive statement, if any.

Also, the Responsible Official is given

only seven days to gather and assemble

the record and to transmit it to the

Appeal Deciding Officer.

Paragraph (j) requires the Appeal

Deciding Officer to issue the appeal

decision in writing within 30 days of

the cost of the appeal period.

Paragraph (k) addresses

implementation of recomputation

decisions during pendency of appeals. It

provides that if an appeal is not

resolved by April 1 following the end of

the 5-year recomputation period, the

Responsible Official will proceed to

implement the decision. If the appeal

decision changes the shares, the

necessary adjustments will be made in

the remaining portion of the 5-year

period.

Paragraph (l) requires that timber

purchasers be given an opportunity to

review and comment on significant

changes in the Small Business Timber

Sale Set-Aside program or policy prior

to adoption and implementation. This

opportunity will be given through

Federal Register notice and is

consistent with the agency’s treatment

of all other major policy decisions.

The sequence and content of the rules

of § 223.118 are modeled on those of 36

CFR part 215. The interim rule adopts

the same rules of procedure with regard

to the content of the notice of appeal,

timely filing, appeal record, dismissal,

and timeframe for decisions. These rules

are well understood by those who have

participated in Forest Service

administrative appeals, including many

timber sale purchasers or their

representatives, and, therefore, should

facilitate appellant understanding and

use of these appeal procedures.

Environmental Impact

This interim rule would establish

uniform procedures for providing

qualifying timber purchasers the

opportunity to review, comment, and

appeal decisions on recomputed shares

of the small business timber sale setaside program. Section 31.1b of Forest

Service Handbook 1909.15 (57 FR

43180; September 18, 1992) excludes

from documentation in an

environmental assessment or impact

statement ‘‘rules, regulations, or policies

to establish Service-wide administrative

procedures, program processes, or

instructions.’’ The agency’s assessment
13828 Federal Register / Vol. 62, No. 56 / Monday, March 24, 1997 / Rules and Regulations

is that this interim rule falls within this

category of actions and has no direct or

indirect environmental impact, and that

no extraordinary circumstances exist

which would require preparation of an

environmental assessment or

environmental impact statement.

However, comments are invited and

will be considered in making a final

determination upon adoption of the

final rule.

Controlling Paperwork Burdens on the

Public

The information that would be

collected from timber sale purchasers

who appeal recomputation of shares

under the Small Business Timber Sale

Set-Aside Program is the minimum

needed for an Appeal Deciding Officer

to reach informed conclusions about

decisions appealed under this rule.

Description of Information Collection

Title: Small Business Timber Sale SetAside Program; Appeal Procedures on

Recomputations of Shares.

OMB Number: New.

Expiraiton Date of Approval: New.

Type of Request: The following

collection requirements are new and

have not received approval by the Office

of Management and Budget.

Abstract: This collection would

consist of information provided by

purchasers who object to a

recomputation decision of timber sales

to be set aside for small timber

purchasers. The information to be

provided shows why the appellant

believes the recomputation decision

should be overturned.

Estimate of Burden: The public

reporting burden to provide comments

or prepare a notice of appeal pursuant

to the interim rule is estimated to

average 4 hours per response.

Respondents: Large and small

businesses purchasing National Forest

System timber sales or their agents.

Estimated Number of Respondents:

40.

Estimated Number of Responses per

Respondent: 2.

Estimated Total Annual Burden on

Respondents: 320 hours.

Comments are Invited on: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information will have

practical utility; (b) the accuracy of this

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the collection of information

on respondents; including the use of

automated collection techniques or

other forms of information technology.

Use of Comments

All comments received on the

information requirements in response to

this rulemaking notice will be

summarized and included in the

subsequent routine request for OMB

approval of the information collection.

All comments, including names and

addresses where provided, will also

become a matter of public record.

Unfunded Mandates Reform

Pursuant to Title II of the Unfunded

Mandates Reform Act of 1995, which

the President signed into law on March

22, 1995, the Department has assessed

the effects of this rule on State, local,

and tribal governments and the private

sector. This interim rule does not

compel the expenditure of $100 million

or more by any State, local, or tribal

governments or anyone in the private

sector. Therefore, a statement under

section 202 of the Act is not required.

Regulatory Impact

This interim final rule has been

reviewed under USDA procedures and

Executive Order 12866 on Regulatory

Planning and Review. It has been

determined that this is not a significant

rule. This rule will not have an annual

effect of $100 million or more on the

economy nor adversely affect

productivity, competition, jobs, the

environment, pubic health or safety, nor

State or local governments. This interim

rule will not interfere with an action

taken or planned by another agency nor

raise new legal or policy issues. Finally,

this action will not alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations or recipients of such

programs. Accordingly, this interim rule

is not subject to OMB review under

Executive Order 12866.

Pursuant to 5 U.S.C. 605(b), it is

hereby certified that this interim rule

has been considered in light of the

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

et seq.) and that this action will not

have a significant economic impact on

a substantial number of small entities as

defined by that Act. The interim rule

imposes no additional requirements on

small business timber sale purchasers or

other small entities. It merely

implements legislative intent to provide

small purchasers a new administrative

appeal opportunity. To facilitate

preparation and conduct of timber sale

set-aside appeals, the agency has kept

the appeal procedures as streamlined

and simple as possible.

No Takings Implications

This interim rule has been analyzed

in accordance with the principles and

criteria contained in Executive Order

12630, and it has been determined that

the rule does not pose the risk of a

taking of Constitutionally-protected

private property. This interim rule gives

opportunity to qualifying timber sale

purchasers to ensure that small

businesses have the opportunity to

purchase a fair proportion of National

Forest System timber offered for sale.

Civil Justice Reform Act

This interim rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. If this interim rule were

adopted, (1) all state and local laws and

regulations that are in conflict with this

interim rule or which would impede its

full implementation would be

preempted; (2) no retroactive effect

would be given to this interim rule; and

(3) it would not require administrative

proceedings before parties may file suit

in court challenging its provisions.

Summary

This interim rule complies with the

congressional intent of the conference

report on the Fiscal Year 1997 Omnibus

Appropriations Act by reinstating an

administrative appeal opportunity for

timber sale purchasers of small business

timber sale share recomputation

decisions in a manner consistent with

previous appeal procedures and

subsequent statutory predecisional

notice and comment provisions. To

enhance both employee and purchaser

understanding, this interim rule models

the provisions of other administrative

appeal rules already in place (36 CFR

part 215, 217, and 251) to the extent

possible. The Department invites

written comment on this interim final

rule. Notice of the final rule, including

discussion of comments received, will

be published in the Federal Register.

List of Subjects in 36 CFR Part 223

Exports, Government contracts,

National forests, Reporting

requirements, Timber sales.

Therefore, for the reasons set forth in

the preamble, Subpart B of Part 223 of

Title 36 of the Code of Federal

Regulations is hereby amended as

follows:

PART 223—SALE AND DISPOSAL OF

NATIONAL FOREST SYSTEM TIMBER

1. The authority citation for Part 223

continues to read as follows:
Federal Register / Vol. 62, No. 56 / Monday, March 24, 1997 / Rules and Regulations 13829

Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98

Stat. 2213, 16 U.S.C. 618; 104 Stat. 714–726,

16 U.S.C. 620–620h, unless otherwise noted.

2. Add a new § 223.118 to subpart B

to read as follows:

§ 223.118 Appeal process for small

business timber sale set-aside program

share recomputations.

(a) Decisions subject to appeal. The

rules of this section govern appeal of

decisions about structural, special,

market change, or the scheduled fiveyear recomputations of the small

business share of timber sales. Only

those timber sale purchasers who have

submitted written comments to the

Responsible Official on the draft

recomputed share decision, or their

representatives, are eligible to appeal a

decision.

(b) Manner of giving notice—(1)

Predecisional notice and comment.

Qualifying timber sale purchasers that

may be affected by recomputations shall

be given 30 days for predecisional

review and comment on any draft

decision to reallocate shares, including

the data used in making the proposed

recomputation decision.

(2) Notice of Decision. Upon close of

the 30-day review period, the

Responsible Official shall consider any

comments reviewed. Within 15 days

following the end of the comment

period, the Responsible Official shall

make the decision on the small business

shares and shall give prompt written

notice to all parties on the national

forest timber sale bidders list for the

affected area. The notice shall identify

the name of the Appeal Deciding Officer

to whom an appeal of the decision may

be filed, the address, the date by which

an appeal must be filed, and where the

purchaser may obtain the appeal

procedure and requirements.

(c) Who may appeal. Only timber sale

purchasers affected by recomputations

of the small business share of timber

sales, or their representatives, who have

submitted predecisional comments

pursuant to paragraph (b)(1) of this

section may appeal recomputation

decisions under this section. Intervenors

are not allowed in appeals under this

section.

(d) Level of appeal. Only one level of

review is available for appeal of

decisions pertaining to recomputations

under the Small Business Timber SetAside Program. The Appeal Deciding

Officer is the official one level above the

level of the Responsible Official who

made the recomputation of shares

decision. The Responsible Official is

normally the Forest Supervisor; thus,

the Appeal Deciding Officer is normally

the Regional Forester. However, when

the Regional Forester makes

recomputation decisions, the Appeal

Deciding Officer is the Chief or such

officer at the National headquarters

level as the Chief may designate.

(e) Filing procedures. In order to file

an appeal under this section, an

appellant must file a notice of appeal, as

specified in the notice of decision, with

the Appeal Deciding Officer within 20

days of the date on the notice of the

decision. This date shall be specified in

the notice of decision given pursuant to

paragraph (b)(2) of this section.

(f) Content of notice of appeal. (1) It

is the responsibility of the appellant to

provide sufficient narrative evidence

and argument to show why a

recomputation decision by the

Responsible Official should be reversed

or changed.

(2) An appellant must include the

following information in a notice of

appeal:

(i) The appellant’s name, mailing

address, and daytime telephone

number;

(ii) The title or type of recomputation

decision involved, the date of the

decision, and the name of the

Responsible Official;

(iii) A brief description and date of

the decision being appealed;

(iv) A statement of how the appellant

is adversely affected by the decision

being appealed;

(v) A statement of the facts in dispute

in the issue(s) raised by the appeal;

(iv) Specific references to any law,

regulation, or policy that the appellant

believes to have been violated and the

basis for such as allegation;

(vii) A statement as to whether and

how the appellant has tried to resolve

with the Responsible Official the

issue(s) being appealed, including

evidence of submission of written

comments at the predecisional stage as

provided by paragraph (a) of this

section, the date of any discussion, and

the outcome of that meeting or contact;

and

(viii) A statement of the relief the

appellant seeks.

(g) Time periods and timeliness. (1)

All time periods applicable to this

section will begin on the first day

following a decision or action related to

the appeal.

(2) Time periods applicable to this

section are computed using calendar

days. Saturdays, Sundays, or Federal

holidays are included in computing the

time allowed for filing an appeal;

however, when the filing period would

expire on a Saturday, Sunday, or

Federal holiday, the filing time is

automatically extended to the end of the

next Federal working day.

(3) It is the responsibility of those

filing an appeal to file the notice of

appeal by the end of the filing period.

In the event of questions, legible

postmarks on a mailed appeal or the

time and date imprint on a facsimile

appeal will be considered evidence of

timely filing. Where postmarks or

facsimile imprints are illegible, the

Appeal Deciding Officer shall rule on

the timeliness of the notice of appeal.

(4) Time for filing a notice of appeal

is not extendable.

(h) Dismissal without decision. The

Appeal Deciding Officer shall dismiss

an appeal and close the record without

a decision in any of the following

circumstances:

(1) The appellant is not on the timber

sale bidders list for the area affected by

the recomputation decision;

(2) Appellant’s notice of appeal is not

filed within the required time period; or

(3) The appellant did not submit

written comments on the proposed

decision of the new recomputed shares

as required by paragraph (c) of this

section.

(i) Appeal record. The appeal record

consists of the written decision being

appealed, any predecisional comments

received, any other supporting data

used to make the decision, the notice of

appeal, and if prepared, a responsive

statement by the Responsible Official

which addresses the issues raised in the

notice of appeal. The Responsible

Official must forward the record within

7 days of the date the notice of appeal

is received. A copy of the appeal record

will be simultaneously submitted to the

appellant.

(j) Appeal decision. The Appeal

Deciding Officer shall review the

decision and appeal record and issue a

written appeal decision to the parties

within 30 days of the close of the appeal

period. The Appeal Officer may affirm

or reverse the Responsible Official’s

decision, in whole or in part. There is

no extension of the time period for the

appeal decision. If the decision is not

rendered within the required 30 days,

the existing decision is automatically

affirmed. The Appeal Deciding Officer’s

decision or the failure of the Appeal

Deciding Officer to decide within the

required 30 days constitutes the final

administrative decision of the

Department of Agriculture.

(k) Implementation of decisions

during pendency of appeal.

Recomputation of shares arising from a

scheduled five-year recomputation are

effective on April 1 following the end of

the five-year period being considered. If

an appeal that may affect the shares for

the next five-year period is not resolved

by the April 1 date, the share decision
13830 Federal Register / Vol. 62, No. 56 / Monday, March 24, 1997 / Rules and Regulations

announced by the Responsible Official

shall be implemented. If an appeal

decision results in a change in the

shares, the revised total share of the

Small Business Timber Sale Set-Aside

Program shall be accomplished during

the remaining portion of the five-year

period.

(l) Timber sale set-aside policy

changes. Timber purchasers shall

receive an opportunity, in accordance

with all applicable laws and regulations,

to review and comment on significant

changes in the Small Business Timber

Sale Set-Aside program or policy prior

to adoption and implementation.

Dated: March 17, 1997.

Brian Eliot Burke,

Deputy Under Secretary, Natural Resources

and Environment.

[FR Doc. 97–7274 Filed 3–21–97; 8:45 am]

BILLING CODE 3410–11–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[AD–FRL–5702–5]

Clean Air Act Final Interim Approval of

Operating Permits Program; State of

Connecticut

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final interim approval.

SUMMARY: The EPA is promulgating

interim approval of the Operating

Permits Program submitted by the State

of Connecticut for the purpose of

complying with Federal requirements

for an approvable State program to issue

operating permits to all major stationary

sources, and to certain other sources.

EFFECTIVE DATE: April 23, 1997.

ADDRESSES: Copies of the State’s

submittal and other supporting

information used in developing the final

interim approval are available for

inspection during normal business

hours at the following location: Office of

Ecosystem Protection, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA.

FOR FURTHER INFORMATION CONTACT:

Donald Dahl, CAP, U.S. Environmental

Protection Agency, Region 1, JFK

Federal Building, Boston, MA 02203–

2211, (617) 565–4298.

SUPPLEMENTARY INFORMATION:

I. Background

Title V of the 1990 Clean Air Act

Amendments (sections 501–507 of the

Clean Air Act (‘‘the Act’’)), and

implementing regulations at 40 Code of

Federal Regulations (CFR) part 70

require that States develop and submit

operating permits programs to EPA by

November 15, 1993, and 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 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 the

end of an interim program, it must

establish and implement a Federal

program.

On December 6, 1996, EPA proposed

interim approval of the operating

permits program for the State of

Connecticut. See 61 FR 64651. The EPA

received comments from the Society of

the Plastics Industry, Inc. on the

proposal. In this document, EPA is

taking final action to promulgate interim

approval of the operating permits

program for the State of Connecticut.

II. Response to Comments

The comments received on EPA’s

December 6, 1996 proposal to grant

interim approval to the Connecticut

Program and EPA’s response to those

comments are as follows:

Comment No. 1: Permit fees for the

Connecticut program should be no

higher than the amount specified by the

Clean Air Act.

Response: The amount in the Act of

$25 per ton of emissions on an annual

basis, adjusted by the consumer price

index, was never intended to be the

ceiling on the money a State could

collect to operate a title V program.

Instead, the Act is clear that a State is

required to charge sufficient fees to

cover the costs of implementing a title

V program. Connecticut has analyzed its

needs to fully implement a title V

program and has concluded that it

would need 3.6 million dollars per year.

EPA has determined that this amount

meets the requirements of 40 CFR 70.9

regarding the permit fees and disagrees

that the State may be collecting excess

fees. More importantly, EPA has no

authority to require Connecticut to limit

its fees to the $25 per ton of emissions.

Comment No. 2: Commenter

disagreed with EPA’s position to require

Connecticut to amend its rule in order

to allow EPA to object to a permit at any

time after receiving a citizen’s petition

that requests EPA to veto a permit.

Response: In interim approval

condition No. 4, EPA is requiring

Connecticut to remove the 45 day limit

the State regulations attempt to impose

on EPA’s ability to object to a permit

following receipt of a citizen petition.

Section 505(b)(2) of the Act imposes a

60 day deadline on EPA to act on a

citizen petition, but it does not disable

EPA from objecting to a permit or

moving to reopen the permit if EPA

should miss the 60 day deadline when

responding to a meritorious citizen

petition. Section 505(e) of the Act and

40 CFR 70.7(g) make it clear that EPA

can initiate the process to modify or

revoke and reissue a permit at any time

if the permit is inconsistent with the

applicable requirements of the Act.

Therefore, Connecticut has no authority

to impose a 45 day limit on EPA’s

opportunity to respond to a citizen

petition.

Comment No. 3: Connecticut should

be allowed to extend the permit shield

to Administrative Amendments,

especially because administrative

amendments have no environmental

impact.

Response: Part 70 limits a permit

shield to only those permit

modifications that receive full EPA,

affected states, and public review.

Connecticut’s administrative

amendments do not receive any EPA,

affected state, or public review.

Therefore, EPA disagrees with the

commenter and still requires

Connecticut to remove the permit shield

from administrative amendments.

While it is true that properly executed

administrative amendments should

have no environmental impact, this is

not a justification for extending the

permit shield to such changes. Indeed,

the shield is probably irrelevant to the

vast majority of administrative

amendments because, by definition,

they will not effect how the facility

demonstrates compliance with the Act

(except perhaps to enhance the

compliance demonstration through

more frequent reporting). Moreover, if a

permit change that does effect

compliance terms in the permit is

mistakenly made using an

administrative amendment,

Connecticut’s rule should not create the

risk that this change will shield a

facility from direct enforcement of the

Act.

Comment No. 4: Title V should only

apply to major sources and Connecticut

should remove its requirement that nonmajor sources obtain a title V permit

within five years of the implementation

date.

Response: At this time, EPA has

deferred its decision on whether nonmajor sources will have to obtain title V

permits. 40 CFR 70.3(b) allows