[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Pages 13045-13046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5978]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[FRL-5170-1]


Approval of Delegation of Authority; National Emission Standards 
for Hazardous Air Pollutants; Coke Oven Batteries; Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is granting delegation of authority to the State of Utah 
to implement and enforce the National Emission Standards for Coke Oven 
Batteries. The Governor of Utah requested delegation from EPA Region 
VIII in a letter dated August 18, 1994. EPA has reviewed the 
application and has reached a decision that the State of Utah has 
satisfied all of the requirements necessary to qualify for approval of 
delegation. The effect of this action allows the State of Utah to 
implement and enforce Clean Air Act standards for coke oven batteries.

DATES: This action is effective May 9, 1995 unless adverse comments are 
received by April 10, 1995. If the effective date is delayed due to 
comments, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be submitted to Patricia D. Hull, 
Director, Air, Radiation & Toxics Division, Environmental Protection 
Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado 
80202-2466 and concurrently to Russell A. Roberts, Director, Division 
of Air Quality, Department of Environmental Quality, 1950 West North 
Temple, Salt Lake City, Utah 84114-4820. A docket containing State of 
Utah's submittal is available for public inspection during normal 
business hours at the above locations.

FOR FURTHER INFORMATION CONTACT: T. Scott Whitmore at (303) 293-1758.

SUPPLEMENTARY INFORMATION:

Background

    The 1990 Amendments to the Clean Air Act provide a congressional 
mandate to establish emission standards regulating coke oven emissions. 
Under section 112(d)(8), the EPA must promulgate standards based on 
specified minimum requirements and work practice regulations. On 
October 27, 1993, the EPA met this requirement by promulgating in the 
Federal Register (58 FR 57534) the national standards for coke oven 
emissions. The standard applies to all existing coke oven batteries, 
including by-product and nonrecovery coke oven batteries, and to all 
new coke oven batteries constructed on or after December 4, 1992.
    On August 18, 1994 the Governor of Utah requested delegation of 
authority to implement and enforce 40 CFR Part 63, Subpart L, National 
Emission Standards for Coke Oven Batteries. Prior to this request, the 
State of Utah implemented the criteria for delegation as described in 
40 CFR 63.91(b), Criteria common to all approval options. Criteria for 
approval to delegate include a written finding by the State Attorney 
General that the State has the necessary legal authority to implement 
and [[Page 13046]] enforce the rule; state statutes, regulations, and 
other provisions that contain the appropriate authority to implement 
and enforce the rule, a demonstration of adequate resources, a schedule 
demonstrating expeditious implementation of the rule, and a plan that 
assures expeditious compliance by all sources subject to the rule. 
Utah, concurrently with its request for delegation, submitted 
documentation demonstrating it meets the criteria necessary for 
granting approval.
    As required by 40 CFR 63.91(a)(2), the EPA is seeking public 
comments for 30 days. The comments shall be submitted concurrently to 
the State of Utah and to EPA. The State of Utah can then submit a 
response to the comments to EPA.
    EPA is approving the State of Utah's request for delegation as a 
direct final rule without prior proposal because EPA views this as a 
noncontroversial action and anticipates no adverse comments. If no 
adverse comments are received in response to this rule, this Federal 
Register notice will serve as the final notice of the approval to 
delegate the implementation and enforcement of this program. The 
effective date will be 60 days from the date of this publication and no 
further activity will be contemplated in relation to this rule. If EPA 
receives adverse comments, the direct final rule will be withdrawn and 
all public comments received will be addressed in a subsequent final 
rule based on the accompanying proposed rule which appears in the 
Proposed Rule Section of this Federal Register. However, EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time.

Final Action

    Through review of the documentation submitted to EPA and knowledge 
of Utah's implementation activities for these standards, EPA has 
determined that the State of Utah meets all of the statutory and 
regulatory requirements established by Section 112 of the Clean Air 
Act, as amended in 1990, and 40 CFR Part 63 for the implementation and 
enforcement of the National Emission Standards for Coke Oven Batteries. 
Therefore, pursuant to Section 112(l) of the Clean Air Act, as amended 
in 1990, 42 U.S.C. 7412(l), and 40 CFR Part 63, EPA hereby delegates 
its authority to the State of Utah for the implementation and 
enforcement of the National Emission Standards for Coke Oven Batteries 
for all sources located, or to be located in the State of Utah.
    Please note that not all authorities for the NESHAP can be 
delegated to the state. The EPA Administrator retains authority to 
implement those portions of the national emission standards and their 
general provisions that require approval of equivalency determinations 
and alternative test methods, decision-making to ensure national 
consistency, and EPA rulemaking to implement. Sections not delegable 
include, but are not limited, to the authorities listed as not 
delegable in 40 CFR part 63, subpart L, under Delegation of Authority.
    As these National Emission Standards for Coke Oven Batteries are 
updated, Utah should revise its rules and regulations accordingly and 
in a timely manner.
    EPA retains concurrent enforcement authority. If at any time there 
is a conflict between the state and federal regulations, the federal 
regulations must be applied if they are more stringent than the state 
regulations.
    Effective May 9, 1995 all notices, reports, and other 
correspondence required under 40 CFR part 63, subpart L, should be sent 
to the State of Utah rather than to EPA Region VIII, Denver, Colorado.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Intergovernmental relations.

    Authority: 42 U.S.C. 7412.

    Dated: February 23, 1995.
Kerrigan Clough,
Acting Regional Administrator, Region VIII.
[FR Doc. 95-5978 Filed 3-9-95; 8:45 am]
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