[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Proposed Rules]
[Pages 16829-16830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8083]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-5181-7]


Request for Approval of Section 112(l) Authority for the Lincoln-
Lancaster County Health Department (LLCHD) Air Program; State of 
Nebraska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes to grant approval under section 112(l)(5) and 
40 CFR 63.91 of the LLCHD'S program for receiving delegation of future 
section 112 standards that are unchanged from Federal standards as 
promulgated, and to delegate existing standards under 40 CFR parts 61 
and 63 for non-Part 70 sources. When approved, state rules and 
applicable part 70 operating permit conditions would substitute for the 
applicable Federal requirements within a state or local jurisdiction.

DATES: Comments on this proposed action must be received in writing by 
May 3, 1995.

ADDRESSES: Comments should be addressed to Wayne Kaiser at the address 
indicated. Copies of the Lincoln-Lancaster submittal and other 
supporting information used in developing the proposed rule are 
available for inspection during normal business hours at the US EPA, 
Region VII, Air Branch, 726 Minnesota Avenue, Kansas City, Kansas 
66101.

FOR FURTHER INFORMATION CONTACT: Wayne A. Kaiser at (913) 551-7603.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    Section 112(l) of the 1990 Clean Air Act (CAA) enables the EPA to 
approve state (and local agency) air toxics programs to operate in 
place of the Federal air toxic program. Approval is granted by the EPA 
if the Agency finds that the state program or rule meets the criteria 
described in 40 CFR 63.91 (58 FR 62262). The LLCHD requested such 
approval for its part 70 sources in its part 70 program submittal. EPA 
published a notice proposing to approve the LLCHD's part 70 program and 
112(l) authority for part 70 sources on January 31, 1995 (60 FR 5883).
    On February 2, 1995, LLCHD submitted a letter to EPA requesting 
approval of its program under section 112(l)(5) and 40 CFR 63.91 for 
receiving delegation of future section 112 standards that are unchanged 
from Federal standards as promulgated, and requested delegation of 
existing standards under 40 CFR parts 61 and 63 for non-part 70 
sources. The letter included information which addresses the approval 
criteria in 40 CFR 63.91. This includes adequate legal authority and 
resources, an expeditious implementation and compliance schedule, and 
adequate enforcement authorities.
II. Analysis of Submission

    LLCHD demonstrated it has adequate legal and enforcement authority 
by referring to the County Attorney's opinion and its rules and 
regulations submitted with its Part 70 program submittal. This 
authority and the rules apply to all regulated sources. The LLCHD 
commits to expeditiously adopting and implementing all future section 
112 requirements, whether for part 70 or non-Part 70 sources, after 
they are promulgated by EPA. The delegation mechanism which the LLCHD 
intends to use for future section 112 standards and programs is the 
adoption by reference mechanism.
    The LLCHD has already adopted the dry cleaner maximum achievable 
control technology, subpart M, which applies primarily to non-Part 70 
sources, and has adequate resources to [[Page 16830]] implement it. It 
commits to providing EPA with future demonstrations of resource 
adequacy as necessary as new requirements become known.
    The LLCHD submitted a schedule for implementing section 112 
requirements in its part 70 program submittal. This schedule will apply 
to both part 70 and non-Part 70 sources, since adoption by reference of 
the standard will apply simultaneously to both types of sources.
    Finally, the LLCHD has demonstrated that it has the legal authority 
to take civil and enforcement actions against any section 112 source 
for all CAA requirements, including the section 112 requirements.
    The reader may consult the Technical Support Document, available 
from the contact above, for a more detailed explanation of these 
topics.

III. Proposed Action

    EPA is proposing to grant approval under section 112(l)(5) and 40 
CFR 63.91 of the LLCHD's program for receiving delegation of future 
section 112 standards that are unchanged from Federal standards as 
promulgated for both Part 70 and non-Part 70 sources. In addition, EPA 
proposes to delegate existing standards under 40 CFR parts 61 and 63 
for non-Part 70 sources.

IV. Administrative Requirements

A. Request for Public Comments

    The EPA is requesting comments on all aspects of this proposed 
notice. Copies of LLCHD's submittal and other information relied upon 
for this proposal are contained in a docket maintained at the EPA 
Regional Office. The docket is an organized and complete file of all 
information submitted to, or otherwise considered by, EPA in the 
development of this proposal. The principle purposes of the docket are:
    1. To allow interested parties a means to identify and locate 
documents so they can effectively participate in the approval process; 
and
    2. To serve as the record in case of judicial review, EPA will 
consider any comments received by May 3, 1995.

B. Executive Order 12866

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

C. Regulatory Flexibility Act

    Because this action does not impose any new requirements, it does 
not have a significant impact on a substantial number of small 
entities.

List of Subjects in 40 CFR Part 63

    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: March 13, 1995.
William Rice,
Acting Regional Administrator.
[FR Doc. 95-8083 Filed 3-31-95; 8:45 am]
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