UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                                Region III
                           841 Chestnut Building
Philadelphia, Pennslvania 19107




Wallace N. Davis, Executive Director
Department of Air Pollution Control
9th Street Office Building
P.O. 10089
Richmond, Virginia 23240

Dear Mr. Davis:

         This letter provides a response to the specific inquiry
made as to whether standing to petition in State court for
judicial review of a final Title V operating permit could be
limited to persons who participated in the public comment process
by actually appearing and testifying at the relevant public
hearing held on the proposed version of the permit.  Limiting
standing to such persons would not satisfy Title V, section 502
(b) (6) of the Clean Air Act (CAA), the accompanying federal
regulations promulgated at 40 CFR 70.4, or Article III of the
United States Constitution.

         Enclosed is a copy of a letter sent by John R. Barker,
Regional Counsel of EPA's Region IV Office in Atlanta, Georgia to
Daniel F. McLawhorn, Esquire, Special Deputy Attorney General of
the State of North Carolina on the subject of the minimum
required standing provisions in state Title V operating
permitting regulations.  In particular we call your attention to
the decisions rendered in relevant case law, cited in the
enclosure, on the issue of judicial interpretation of the
requirements of Article III of the federal Constitution on who is
to be afforded standing.  This enclosed letter has been reviewed
and concurred with by EPA's Office of General Counsel in
Washington, DC.

         From decisions rendered in the cited case law which EPA
believes to be relevant, limiting standing to those persons who
participated in the public comment process by actually appearing
and testifying at the public hearing held on a perimt would not
satisfy federal requirements for approval of the Commonwealth's
operating permit program required by Title V of the CAA, as
tempered by Article III of the Constitution.

         EPA interprets Section 502(b) (6) to require a state to
provide access to judicial review to any commenter who meets
Article III's threshold standing requirements.

         As you know, the Commonwealth is required to submit a fully
adopted operating permit program to EPA by November 15, 1993 in
accordance with Title V of the CAA and 40 CFR Part 70.  Failure
to do so would result in both the imposition of sanctions in the
Commonwealth and the implementation of such a program by EPA,
including the collection of associated fees.

                                       Sincerely,



                                       Thomas J. Maslany, Director
                                       Air, Radiation & Toxics
                                       Division

enclosure










bcc:  J Katz
         B Turlinski
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         b Donahue M Morris J Moss R Kampf E Lillis K Cox T Williamson A
         Schwartz