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EPA/AR

RIN: 2060-AN74

Publication ID: Spring 2007

Title: Interpretive Rulemaking To Clarify the Scope of Certain Monitoring Requirements for Federal and State Operating Permits Programs
Abstract: The purpose of this action is to respond to comments and finalize an interpretation of certain existing regulatory language relative to the need to address the sufficiency of existing monitoring requirements included in State and Federal operating permits programs developed under title V of the Clean Air Act (Act). Specifically, our proposed interpretation was that sections 70.6(c)(1) and 71.6(c)(1) of 40 CFR parts 70 and 71 (previously referred to as the Umbrella Monitoring Rule) do not provide a basis for assessing the adequacy of or adding monitoring requirements to operating permits, independent of such monitoring required under existing Federal air pollution control rules and State implementation plan (SIP) rules (i.e., monitoring required under applicable requirements), including monitoring required under the part 64 (the compliance assurance monitoring or CAM, rule) where it applies, and such monitoring as may be required to fill gaps under the separate periodic monitoring requirements of the operating permits rules. EPA also formally withdrew a September 17, 2002, proposal to revise these paragraphs in parts 70 and 71. The final action will implement the interpretation consistent with our responses to public comments.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 70 40 CFR 71
Legal Authority: Clean Air Act title V

Legal Deadline:

Action	Source	Description	Date
Final	Judicial	Court Promise.	12/11/2006

Timetable:

Action	Date	FR Cite
NPRM	06/02/2006	71 FR 32006
Final Action	12/15/2006	71 FR 75422

Additional Information: SAN No. 5044; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/June/Day-02/a8613.htm;
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State, Tribal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Agency Contact: Peter Westlin Environmental Protection Agency Air and Radiation D243-05, Research Triangle Park, NC 27711 Phone:919 541-1058 Fax:919 541-1039 Email: westlin.peter@epamail.epa.gov Barrett Parker Environmental Protection Agency Air and Radiation EN-341W, 109 T.W. Alexander Drive, Mail Code D243-05, Research Triangle Park, NC 27711 Phone:919 541-5635 Email: parker.barrett@epa.gov