[Federal Register Volume 67, Number 15 (Wednesday, January 23, 2002)]
[Proposed Rules]
[Page 3137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1120]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[FRL-7126-2]


Approval of the Clean Air Act, Section 112(l), Delegation of 
Authority to the Idaho Department of Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency, Region 10 (EPA) proposes 
to approve the Idaho Department of Environmental Quality's (IDEQ) 
request for program approval and delegation of authority to implement 
and enforce specific National Emission Standards for Hazardous Air 
Pollutants (NESHAPs) as they apply to major sources in Idaho required 
to obtain an operating permit under Title V of the federal Clean Air 
Act (CAA or Act). Pursuant to the authority of the section 112(l) of 
the Act, this proposal is based on EPA's finding that Idaho State Law, 
regulations, and resources meet the requirements for program approval 
and delegation of authority specified in regulations pertaining to the 
criteria for straight delegations common to all approval options, and 
in applicable EPA guidance.
    If approved, this delegation will acknowledge IDEQ's ability to 
implement a NESHAP program and will transfer primary implementation and 
enforcement responsibility for certain NESHAPs from EPA to IDEQ for 
major sources. Although EPA would look to IDEQ as the lead for 
implementing delegated NESHAPs at major sources in Idaho, EPA would 
retain authority under 112(l)(7) to enforce any applicable emission 
standard or requirement for major sources. EPA would also retain 
authority to implement and enforce these standards for non-major 
sources. If approved, IDEQ may choose to request delegation of new and 
updated standards, or request broader applicability of their delegation 
to include non-Title V sources (major sources), by-way-of a streamlined 
process.
    If approved, sources subject to delegated NESHAPs will send 
required notifications and reports to IDEQ for their action, and send a 
copy to EPA. Sources will continue to send notifications, reports, and 
requests required by authorities that are not delegated to IDEQ, to 
EPA, with a copy to IDEQ.
    Concurrent with this proposed rule, EPA is publishing a direct 
final approval of Idaho's NESHAP delegation in the Federal Register. 
This is being published without prior proposal because the Agency views 
this delegation as a noncontroversial action and anticipates no adverse 
comments. A detailed rationale for the approval as well as tables 
listing the specific NESHAPs delegated are set forth in the direct 
final rule. If no adverse comments are received in response to this 
action, no further activity is contemplated. If EPA receives adverse 
comments on the direct final rule, it will be withdrawn and all public 
comments received will be addressed in a subsequent final rule based on 
this proposed rule. The EPA will not institute a second comment period. 
Any parties interested in commenting on this action should do so at 
this time.

DATES: Written comments must be received in writing by February 22, 
2002.

ADDRESSES: Written comments should be addressed to Tracy Oliver, Office 
of Air Quality, at the EPA Regional Office listed below.
    Copies of the state submittal are available at the following 
address for inspection during normal business hours. The interested 
persons wanting to examine these documents should make an appointment 
at least 24 hours before the visiting day.
    Environmental Protection Agency, Region 10, Office of Air Quality, 
1200 6th Avenue, Seattle, WA 98101

FOR FURTHER INFORMATION CONTACT: Tracy Oliver, Office of Air Quality 
(OAQ-107), EPA, 1200 6th Avenue, Seattle, WA 98101, (206) 553-1172.

SUPPLEMENTARY INFORMATION: For additional information, see the Direct 
Final rule which is located in the Rules Section of this Federal 
Register.

    Dated: December 13, 2001.
L. John Iari,
Regional Administrator, Region 10.
[FR Doc. 02-1120 Filed 1-22-02; 8:45 am]
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