[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Proposed Rules]
[Pages 26145-26149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13151]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[AD-FL-5510-2]


Clean Air Act Interim Approval of Operating Permits Program; 
Delegation of Section 112 Standards; State of Vermont

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes interim approval of the Operating Permits 
Program submitted by Vermont 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. EPA is 
also approving Vermont's authority to implement hazardous air pollutant 
requirements.

DATES: Comments on this proposed action must be received in writing by 
June 24, 1996.

ADDRESSES: Comments should be addressed to Donald Dahl, Air Permits, 
CAP, U.S. Environmental Protection Agency, Region I, JFK Federal 
Building, Boston, MA 02203-2211. Copies of the State's submittal and 
other supporting information used in developing the proposed interim 
approval are available for inspection during normal business hours at 
the following location: U.S. Environmental Protection Agency, Region 1, 
One Congress Street, 11th floor, Boston, MA 02203-2211.

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 and Purpose

A. Introduction

    As required under title V of the 1990 Clean Air Act Amendments 
(sections 501-507 of the Clean Air Act (``the Act'')), EPA has 
promulgated rules which define the minimum elements of an approvable 
State operating permits program and the corresponding standards and 
procedures by which the EPA will approve, oversee, and withdraw 
approval of State operating permits programs (see 57 FR 32250 (July 21, 
1992)). These rules are codified at 40 Code of Federal Regulations 
(CFR) Part 70. Title V requires States to develop, and submit to EPA, 
programs for issuing these operating permits to all major stationary 
sources and to certain other sources.
    The Act requires that States develop and submit these 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 for 
a period of up to 2 years. If EPA has not fully approved a program by 2 
years after the November 15, 1993 date, or by the end of an interim 
program, it must establish and implement a Federal program.

B. Federal Oversight and Sanctions

    If EPA were to finalize this proposed interim approval, it would 
extend for two years following the effective date of final interim 
approval, and could not be renewed. During the interim approval period, 
the State of Vermont would be protected from sanctions, and EPA would 
not be obligated to promulgate, administer and enforce a Federal 
permits program for the State of Vermont. Permits issued under a 
program with interim approval have full standing with respect to part 
70, and the 1-year time period for submittal of permit applications by 
subject sources begins upon the effective date of interim approval, as 
does the 3-year time period for processing the initial permit 
applications <SUP>1.
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    \1\ Note that states may require applications to be submitted 
earlier than required under section 503(c). See Subchapter X, 
Section 5-1005 of Vermont's rules.
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    Following final interim approval, if the State of Vermont failed to 
submit a complete corrective program for full approval by the date 6 
months before expiration of the interim approval, EPA would start an 
18-month clock for mandatory sanctions. If the State of Vermont then 
failed to submit a corrective program that EPA found complete before 
the expiration of that 18-month period, EPA would apply sanctions as 
required by section 502(d)(2) of the Act, which would remain in effect 
until EPA determined that the State of Vermont had corrected the 
deficiency by submitting a complete corrective program. If, six months 
after application of the first sanction, the State of Vermont still has 
not submitted a corrective program that EPA finds complete, a second 
sanction will be required.
    If, following final interim approval, EPA were to disapprove the 
State of Vermont's complete corrective program, EPA would be required 
under section 502(d)(2) to apply sanctions on the date 18 months after 
the effective date of the disapproval, unless prior to that date the 
State of Vermont had submitted a revised program and EPA had determined 
that it corrected the deficiencies that prompted the disapproval. If, 
six months after EPA applies the first sanction, the State of Vermont 
has not submitted a revised program that EPA has determined corrected 
the deficiencies that prompted disapproval, a second sanction will be 
required.
    Moreover, if EPA has not granted full approval to the State of 
Vermont's program by the expiration of an interim approval and that 
expiration occurs after November 15, 1995, EPA must promulgate, 
administer and enforce a Federal permits program for the State of 
Vermont upon interim approval expiration.

II. Proposed Action and Implications

A. Analysis of State Submission

    The analysis contained in this document focuses on specific 
elements of Vermont's title V operating permits program that must be 
corrected to meet the minimum requirements of 40 CFR part 70. The full 
program submittal, technical support document (TSD), dated April 19, 
1996 entitled ``Technical Support Document--Vermont Operating Permits 
Program'', which contains a detailed analysis of the submittal, and 
other relevant materials are available for inspection as part of the 
public docket. The docket may be viewed during regular business hours 
at the address listed above.
1. Title V Program Support Materials
    Vermont's title V program was submitted by the State on April 28, 
1995 (PROGRAM). The submittal was found to be administratively complete 
on June 12, 1995. The PROGRAM consisted of a Governor's letter, program 
description, Attorney General's legal opinion, permitting regulations 
and enabling legislation, and permitting program documentation. 
Included with the PROGRAM submittal was a draft implementation 
agreement which will be finalized by EPA and Vermont. The

[[Page 26146]]

agreement outlines procedures for EPA oversight, the state's 
administration of the PROGRAM, and state commitments for implementing 
future air toxic regulations. On March 6, 1996, Vermont submitted a 
supplement to their PROGRAM, which included a revised Attorney General 
Opinion, a revised permit form, and a letter of intention for 
delegation of standards under sections 111 and 112 of the Clean Air 
Act.
2. Title V Operating Permit Regulations and Implementation
    Vermont's regulations implementing Part 70 include Environmental 
Protection Regulations, Air Pollution Control Chapter V, Definitions 
(Sec. 5-101) and Subchapter X (Secs. 5-1001-1016, Operating Permits). 
The Vermont PROGRAM, including the operating permit regulations, 
substantially meets the requirements of 40 CFR part 70, including 
Secs. 70.2 and 70.3 with respect to applicability, Secs. 70.4, 70.5 and 
70.6 with the respect to permit content and operational flexibility, 
Secs. 70.7 and 70.8 with respect to public participation and review by 
affected states and EPA, and Sec. 70.11 with respect to requirements 
for enforcement authority. Although the regulations substantially meet 
Part 70 requirements, there are program deficiencies that are outlined 
in section II.B. below as Interim Approval issues. Those Interim 
Approval issues are more fully discussed in the TSD. The ``Issues'' 
section of the TSD also contains a detailed discussion of elements of 
Part 70 that are not explicitly contained in Vermont's regulation, but 
which are satisfied by other elements of Vermont's program submittal 
and/or other Vermont State law. Also discussed in the TSD are certain 
elements of Vermont's title V regulation that are in need of a legal 
interpretation and which EPA is interpreting to be consistent with Part 
70 with the understanding that Vermont shares such interpretation. 
Those elements include: (1) the absence of the language ``[a]ny 
national ambient air quality standard or increment or visibility 
requirement under Part C of title I of the Act, but only as it would 
apply to temporary sources permitted pursuant to section 504(e) of the 
Act'' in Vermont's definition of ``applicable requirement''; (2) 
Section 5-1014 of Vermont's rule relating to ``off-permit'' changes; 
(3) Vermont's treatment of ``insignificant activities'' under Sections 
5-1002 and 5-1006; (4) Vermont's authority to make applicability 
determinations in Section 5-1003; (5) Vermont's treatment of the 
stringency of compliance schedules contained in permits as required by 
40 CFR 70.5(8)(iii)(C); (6) Vermont's treatment of certain permit 
content elements required by 40 CFR 70.6; (7) Vermont's method for 
providing adequate, streamlined, and reasonable procedures for 
expeditiously processing permit modifications; and (8) Vermont's 
requirements for the time frames and detailed contents of compliance 
certifications. EPA understands that Vermont will implement its program 
consistent with these interpretations, and will base this interim 
approval on these interpretations unless Vermont comments to the 
contrary.
    Variances. Vermont's Air Quality Variance Board has the authority 
to issue a variance from requirements imposed by State law. See 10 
V.S.A. Sec. 561. The EPA regards Vermont's variance provisions as 
wholly external to the program submitted for approval under Part 70 and 
consequently is proposing to take no action on these provisions of 
State law. The EPA has no authority to approve provisions of State law 
that are inconsistent with the Act. The EPA does not recognize the 
ability of a permitting authority to grant relief from the duty to 
comply with a federally enforceable Part 70 permit, except where such 
relief is granted through procedures allowed by Part 70. A Part 70 
permit may be issued or revised (consistent with Part 70 procedures), 
to incorporate those terms of a variance that are consistent with 
applicable requirements. A Part 70 permit may also incorporate, via 
Part 70 permit issuance or revision procedures, the schedule of 
compliance set forth in a variance. However, EPA reserves the right to 
pursue enforcement of applicable requirements notwithstanding the 
existence of a compliance schedule in a permit to operate. This is 
consistent with 40 CFR 70.5(c)(8)(iii)(C), which states that a schedule 
of compliance ``shall be supplemental to, and shall not sanction 
noncompliance with, the applicable requirements on which it is based.''
3. Permit Fee Demonstration
    Section 502(B)(3) of the Act requires that each permitting 
authority collect fees sufficient to cover all reasonable direct and 
indirect costs required to develop and administer its title V operating 
permit program. Each title V program submittal must contain either a 
detailed demonstration of fee adequacy or a demonstration that the fees 
collected exceed $25 per ton of actual emissions per year, adjusted 
from the August, 1989 consumer price index (``CPI''). The $25 per ton 
was presumed by Congress to cover all reasonable direct and indirect 
costs to an operating permit program. This minimum amount is referred 
to as the ``presumptive minimum.''
    Vermont has opted to make a presumptive fee demonstration. Vermont 
has demonstrated that actual emissions emitted from their title V 
sources was 5079 tons, excluding carbon monoxide. Vermont's permit fee 
legislation requires that each title V source pay an annual fee based 
on $800 per facility and $30 per ton. Therefore Vermont will collect 
$219,375. Using Vermont's application and emission fees, the State will 
collect $43.19 per ton annually which is above the presumptive minimum 
adjusted by the CPI.
    Therefore, Vermont has demonstrated that the State will collect 
sufficient permit fees to meet EPA's presumptive minimum criteria. For 
more information, see section VII of Vermont's title V program 
documentation.
4. Provisions Implementing the Requirements of Other Titles of the Act
a. Authority and/or Commitments for Section 112 Implementation
    Vermont has demonstrated in its title V program submittal adequate 
legal authority to implement and enforce all section 112 requirements 
through the title V permit. This legal authority is contained in 
Vermont's enabling legislation, regulatory provisions defining 
``applicable requirements,'' and the requirement that a title V permit 
must incorporate all applicable requirements. EPA has determined that 
this legal authority is sufficient to allow Vermont to issue permits 
that assure compliance with all section 112 requirements and to carry 
out all section 112 activities. In addition, given Vermont's 
commitments regarding implementation of the State's title V program, 
EPA has determined that the State will issue permits that assure 
compliance with all section 112 requirements, and will carry out all 
section 112 activities. For further discussion of this subject, please 
refer to the Technical Support Document, referenced above, and the 
April 13, 1993 guidance memorandum titled ``Title V Program Approval 
Criteria for Section 112 Activities,'' signed by John Seitz, Director 
of the Office of Air Quality Planning and Standards.
b. Implementation of 112(g) Upon Program Approval
    On February 14, 1995, EPA published an interpretive notice (see 60 
FR 8333) that postpones the effective date of section 112(g) until 
after EPA has promulgated a rule addressing the

[[Page 26147]]

requirements of that provision. The section 112(g) interpretive notice 
explains that EPA is still considering whether the effective date of 
section 112(g) should be delayed beyond the date of promulgation of the 
Federal rule so as to allow States time to adopt rules implementing the 
Federal rule, and that EPA will provide for any such additional delay 
in the final section 112(g) rulemaking. Unless and until EPA provides 
for such an additional postponement of the effective date of section 
112(g), Vermont must be able to implement section 112(g) during the 
period between promulgation of the Federal section 112(g) rule and 
adoption of implementing State regulations for section 112(g) 
requirements. EPA believes that Vermont can utilize its preconstruction 
permitting program to serve as a procedural vehicle for implementing 
the section 112(g) rule and making these requirements Federally 
enforceable between promulgation of the Federal section 112(g) rule and 
adoption of implementing State regulations for section 112(g). For this 
reason, EPA is proposing to approve Vermont's preconstruction 
permitting program found in 10 V.S.A. Sec. 5-501 under the authority of 
title V and Part 70 solely for the purpose of implementing section 
112(g) during the transition period between title V approval and 
adoption of a State rule implementing EPA's section 112(g) regulations.
    Since the approval would be for the single purpose of providing a 
mechanism to implement section 112(g) during the transition period, the 
approval would be without effect if EPA decides in the final section 
112(g) rule that sources are not subject to the requirements of the 
rule until State regulations are adopted. Also, since the approval 
would be for the limited purpose of allowing the State sufficient time 
to adopt regulations, EPA proposes to limit the duration of the 
approval to 18 months following promulgation by EPA of its section 
112(g) rule.
c. Program for Straight Delegation of Sections 111 and 112 Standards
    The part 70 requirements for approval of a State operating permit 
program, specified in 40 CFR 70.4(b), encompass section 112(l)(5) 
requirements for approval of a program for delegation of the hazardous 
air pollutant program General Provisions, Subpart A, of 40 CFR parts 61 
and 63, promulgated under section 112 of the Act, and MACT standards as 
promulgated by EPA as they apply to part 70 sources. Section 112(l)(5) 
requires that a State's program contain adequate legal authorities, 
adequate resources for implementation, and an expeditious compliance 
schedule, which are also requirements under Part 70. The Vermont 
Department of Environmental Conservation provided a supplemental 
request on March 6, 1996, for non-part 70 sources which contained 
information regarding adequate legal authorities, adequate resources 
for implementation, and an expeditious compliance schedule. Therefore, 
EPA is also proposing to grant approval under section 112(l)(5) and 40 
CFR 63.91 of Vermont's mechanism for receiving delegation of section 
112 standards for both major and area sources, that are unchanged from 
the Federal standards as promulgated (straight delegation) and section 
112 infrastructure programs such as those programs authorized under 
sections 112(i)(5), 112(g), 112(j), and 112(r). In addition, EPA is 
reconfirming the delegation of 40 CFR part 60 standards currently 
delegated to Vermont as indicated in Table I. Please note EPA has 
withdrawn delegation of Subpart XX, ``Bulk Gas Terminals'' per 
Vermont's request. Vermont requested the withdrawal because there 
currently are no Subpart XX sources in the State.
    EPA is proposing to delegate all applicable future 40 CFR parts 60, 
61, and 63 standards pursuant to the following mechanism unless 
otherwise requested by Vermont.<SUP>2 Vermont will accept future 
delegation of standards by checking the appropriate boxes on a 
standardized checklist. The EPA Regional Office will forward a 
checklist listing the applicable regulations to Vermont, and Vermont 
will accept the Federal standard as promulgated by checking the 
appropriate box and returning it to EPA. The details of this delegation 
mechanism are set forth in the March 6, 1996 letter containing a 
Memorandum of Agreement between EPA and Vermont. This program will 
apply to both existing and future standards. The original delegation 
agreement between EPA and Vermont was set forth in a letter to Brendan 
J. Whittaker dated September 30, 1982. In addition, Vermont has 
indicated that for some section 112 standards it may choose to submit a 
more stringent State rule or program through section 112(l). EPA will 
need to take public notice and comment for any section 112 delegation 
other than straight delegation.
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    \2\  The radionuclide National Emission Standards for Hazardous 
Air Pollutant (NESHAP) is a section 112 regulation and therefore, 
also an applicable requirement under the State operating permits 
program for part 70 sources. There is not yet a Federal definition 
of ``major source'' for radionuclide sources. Therefore, until a 
major source definition for radionuclide is promulgated, no source 
would be a major section 112 source solely due to its radionuclide 
emissions. However, a radionuclide source may, in the interim, be a 
major source under Part 70 for another reason, thus requiring a Part 
70 permit. The EPA will work with the State in the development of 
its radionuclide program to ensure that permits are issued in a 
timely manner.
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    Vermont is implementing this delegation by issuing permits to both 
major and area/minor sources. Permits issued to area/minor sources are 
not title V permits and therefore may not be federally enforceable.
d. Implementation of Title IV of the Act
    Vermont has stated in Section 5-1008(g) of Subchapter X that the 
``Secretary shall implement the requirements and provisions of Title IV 
of the federal Clean Air Act.''

B. Proposed Action

    The scope of Vermont's Part 70 program covers all Part 70 sources 
within the state of Vermont, except any sources of air pollution over 
which an Indian Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-
18 (Nov. 9, 1994). The term ``Indian Tribe'' is defined under the Act 
as ``any Indian tribe, band, nation, or other organized group or 
community, including any Alaska Native village, which is Federally 
recognized as eligible for the special programs and services provided 
by the United States to Indians because of their status as Indians.'' 
See section 302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25, 
1994); 58 FR 54364 (Oct. 21, 1993).
    Requirements for approval, specified in 40 CFR 70.4(b), encompass 
section 112(l)(5) requirements for approval of a program for delegation 
of section 112 standards as promulgated by EPA as they apply to part 70 
sources and non-part 70 sources. As discussed above, Vermont's 
submittal meets the requirements for EPA approval of delegation of 
section 112 standards. Therefore, the EPA is also proposing to grant 
approval under section 112(l)(5) and 40 CFR 63.91 of the State's 
mechanism for receiving delegation of section 112 standards that are 
unchanged from Federal standards as promulgated. Vermont will be 
issuing permits containing section 112 standards to both major and 
area/minor sources; therefore, EPA is delegating authority to implement 
these standards for all sources subject to the standards, not just for 
part 70 sources.
    The EPA is proposing to grant interim approval to the operating 
permits program submitted by Vermont on April 28, 1995. If promulgated, 
the State must make the following changes to receive full approval:

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    1. Vermont does not allow for ``section 502(b)(10)'' changes at a 
title V source. In an August 29, 1994 (59 FR 44572) rulemaking 
proposal, EPA proposed to eliminate section 502(b)(10) changes as a 
mechanism for implementing operational flexibility. However, the Agency 
solicited comment on the rationale for this proposed elimination. If 
EPA should conclude, during a final rulemaking, that section 502(b)(10) 
changes are no longer required as a mechanism for operational 
flexibility, then Vermont will not be required to address 502(b)(10) 
changes in its rule.
    2. In Sections 5-1014 and 5-1015(a)(11), the program regulation 
implementing operational flexibility requirements allows the State the 
discretion to incorporate emission trades into a permit, and does not 
require that the emissions involved in such trades be quantifiable. 
EPA's rule states that when a permitting authority agrees to establish 
an emissions cap in a title V permit independent of otherwise 
applicable requirements, the permitting authority must include emission 
trading provisions for complying with that cap requested by the permit 
applicant, as long as those provisions are quantifiable and include the 
compliance requirements of 40 CFR 70.6 (a) and (c). EPA's rule also 
requires that the emissions involved in such trades be quantifiable 
before a title V permit can provide for the trades. See 
Sec. 70.4(b)(12)(iii). However, if a source requests an emission trade 
that could violate an underlying state requirement, the State has the 
discretion to limit any emission trading consistent with the state 
requirement when issuing the operating permit.
    Vermont must therefore adopt regulatory language requiring the 
State to include, upon request by a source, emission trading provisions 
in a title V permit for the purpose of complying with an emissions cap 
established in the permit, provided that the emissions involved in such 
trades are quantifiable. Vermont retains the option to include language 
in its regulation that would require all such trades to be consistent 
with state requirements as well as applicable requirements.
    3. In Section 5-1008(e)(1), the program regulation states that 
Vermont has the discretion to reopen and reissue a title V permit for 
cause. In Section 5-1008(e)(4) (i)-(vi), the program regulation 
enumerates the conditions which would potentially cause Vermont to 
reopen a permit. EPA's rule requires a permitting authority to reopen 
and reissue a permit when certain conditions exist (or ``for cause'' as 
defined by the regulation). See 40 CFR 70.7(f). Thus, Vermont must 
change the word ``may'' to ``shall'' in Section 5-1008(e)(1). Vermont 
must also include a provision in its rule requiring the State to reopen 
and reissue a permit (with a remaining term of 3 or more years) within 
18 months of a source's becoming subject to an additional applicable 
requirement. See Sec. 70.7(f)(1)(i).
    4. Vermont must adopt provisions in Subchapter X which would 
require that every permit contain certain terms and conditions as 
specified in section 70.6. Vermont's current permit content section, 
found at Section 5-1015 of Subchapter X, does not contain all of the 
terms and conditions in Sec. 70.6. Section 5-1015 of the program rule 
requires permit terms which generally address applicable requirements, 
emission monitoring and reporting, and compliance plans. Vermont will 
need to add the following missing requirements of section 70.6: (a) a 
source's obligation to report promptly any permit deviations (section 
70.6(a)(3)(iii)(B)); (b) a source's obligation to maintain a record 
when switching between operating scenarios (section 70.6(a)(9)(i)); (c) 
the State's obligation to separate in a title V permit those permit 
terms which are enforceable by the State only (and to specifically 
designate them as such) from those which are enforceable by both the 
State and EPA (sections 70.6(b) (1) and (2)); and (d) the State's 
obligation to indicate in a title V permit the origin and authority of 
all permit terms and conditions, and identify any difference in form as 
compared to the applicable requirement upon which a permit term or 
condition is based (section 70.6(a)(1)(i)).
    There are several ways Vermont could revise its rule to address the 
separation of federal and state requirements. One option suggested by 
EPA's recent ``White Paper Number 2,'' dated March 5, 1996, is to 
clarify which state requirements are not federally-enforceable in the 
Findings of Fact section of the draft permit. This separation would 
identify for all concerned parties the federal applicable requirements 
and the requirements based solely on State law. If Vermont proposed to 
consolidate the State and federal requirements in the permit terms and 
conditions, Vermont would then have to use the most stringent limit as 
the permit condition in the draft permit. If an applicant objected 
during the public comment period to the consolidation of federal and 
State requirements, Vermont would have to separate the permit 
conditions within the enforceable terms and conditions section of the 
final permit. Vermont's regulation must clearly provide the permit 
applicant the authority to require the State to separate out State-only 
permit terms and conditions.

III. Administrative Requirements

A. Request for Public Comments

    The EPA is requesting comments on all aspects of this proposed 
interim approval. Copies of the State's submittal and other information 
relied upon for the proposed interim approval are contained in a docket 
maintained at the EPA Regional Office. The docket is an organized and 
complete file of all the information submitted to, or otherwise 
considered by, EPA in the development of this proposed interim 
approval. The principal purposes of the docket are:
    (1) to allow interested parties a means to identify and locate 
documents so that they can effectively participate in the approval 
process, and
    (2) to serve as the administrative record in the event of judicial 
review. The EPA will consider any comments received by June 24, 1996.

B. Executive Order 12866

    The Office of Management and Budget has exempted this action from 
Executive Order 12866 review.

C. Regulatory Flexibility Act

    The EPA's actions under section 502 of the Act do not create any 
new requirements, but simply address operating permits programs 
submitted to satisfy the requirements of 40 CFR Part 70. Because this 
action does not impose any new requirements, it does not have a 
significant impact on a substantial number of small entities.

D. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in

[[Page 26149]]

estimated costs of $100 million or more to either State, local, or 
tribal governments in the aggregate, or to the private sector. This 
Federal action approves preexisting requirements under State or local 
law, and imposes no new Federal requirements. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action.

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: May 6, 1996.
John P. DeVillars,
Regional Administrator, Region I.

Table I to the Preamble

Reconfirmation of Part 60 and 61 Delegations

Part 60  Subpart Categories

Da  ELECTRIC UTILITY STEAM GENERATORS
Dc  SMALL INDUSTRIAL-COMMERCIAL-INSTITUTIONAL STEAM GENERATING UNITS
E  INCINERATORS
I  ASPHALT CONCRETE PLANTS
RR  TAPE AND LABEL SURFACE COATINGS
OOO  NONMETALLIC MINERAL PROCESSING PLANTS
UUU  CALCINERS AND DRYERS IN MINERALS INDUSTRY

Part 61  Subpart Categories

M  ASBESTOS

[FR Doc. 96-13151 Filed 5-23-96; 8:45 am]
BILLING CODE 6560-50-P