[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Page 22115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09201]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[EPA-R06-OAR-2008-0063; FRL-9926-50-Region 6]


National Emission Standards for Hazardous Air Pollutants; 
Delegation of Authority to Oklahoma

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: On February 24, 2015, the Environmental Protection Agency 
(EPA) published a direct final rule approving the updated delegation of 
EPA authority for implementation and enforcement of National Emission 
Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both 
part 70 and non-part 70 sources) to the Oklahoma Department of 
Environmental Quality (ODEQ). The direct final rule was published 
without prior proposal because EPA anticipated no adverse comments. EPA 
stated in the direct final rule that if EPA received relevant, adverse 
comments by March 26, 2015, EPA would publish a timely withdrawal in 
the Federal Register. EPA received a relevant, adverse comment on March 
25, 2015, and accordingly is withdrawing the direct final rule, and in 
a separate subsequent final rulemaking will address the comment 
received.

DATES: Effective April 21, 2015, the direct final rule published at 80 
FR 9622 on February 24, 2015, is withdrawn.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6PD-R), Air Permits 
Section, telephone (214) 665-7227, fax (214) 665-6762, email: 
[email protected].

SUPPLEMENTARY INFORMATION: On February 24, 2015, EPA published a direct 
final rule approving the updated delegation of EPA authority for 
implementation and enforcement of NESHAPs for all sources (both part 70 
and non-part 70 sources) to the ODEQ. The direct final rule was 
published without prior proposal because EPA anticipated no adverse 
comments. EPA stated in the direct final rule that if relevant, adverse 
comments were received by March 26, 2015, EPA would publish a timely 
withdrawal in the Federal Register. EPA received a comment on March 25, 
2015, from the ODEQ stating in relevant part, that EPA reconsider the 
limitation on ODEQ's authority over NESHAPs and remove the language in 
the final rule requiring ODEQ to make a demonstration of jurisdiction 
over non-reservation Indian country. ODEQ cited various wording from 
two court cases where both generally stated that a state has regulatory 
jurisdiction under the CAA over all the land within its territory and 
outside the boundaries of an Indian reservation, and that regulatory 
jurisdiction under the CAA must lie initially with either a tribe or a 
state. EPA considers this a relevant, adverse comment and accordingly 
is withdrawing the direct final rule. In a separate subsequent final 
rulemaking EPA will address the comment received. The withdrawal is 
being taken pursuant to section 112 of the CAA.

List of Subjects

40 CFR Part 61

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Arsenic, Benzene, Beryllium, Hazardous 
substances, Mercury, Intergovernmental relations, Reporting and 
recordkeeping requirements, Vinyl chloride.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: April 9, 2015.
Wren Stenger,
Director, Multimedia Planning and Permitting Division, Region 6.

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

    Accordingly, the amendments to 40 CFR 61.04 and 40 CFR 63.99 
published in the Federal Register on February 24, 2015 (80 FR 9622) on 
pages 9625 and 9626 are withdrawn effective April 21, 2015.

[FR Doc. 2015-09201 Filed 4-20-15; 8:45 am]
 BILLING CODE 6560-50-P