Other states have indicated they prefer the inclusion of the public review during the Part 70 or state or local operating permit approval process, after EPA has approved the alternative requirements. In these cases, we believe that the Step 2 review process should be shortened to 45 days rather than 90 days. Under this section, a state or local agency may seek approval of a state or local program to substitute for certain Section 112 emission standards. The proposed State Program Approval option is a two step process requiring EPA rulemaking at each step. The first step is an upfront approval of a state or local program.
Most states consider the proposed process overly complicated and too restrictive.
We believe that state program approval under Section 63.97 should result in the approval of the process that a state or local agency will use in establishing, implementing, and enforcing alternative requirements for certain Section 112 standards. Once this process is approved, EPA preapproval of alternative requirements is unnecessary. However, EPA should be given the opportunity to review and comment on these alternative requirements and must have the ability to withdraw approval if EPA finds that the alternative requirements are not equivalent. Retaining this section would allow for substitution by permit as well as rule. Such an option is needed, given the constraints of the Section 63.94 equivalency by permit option.