[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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