[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23117]
[[Page Unknown]]
[Federal Register: September 19, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[AR001; FRL-5073-8]
Clean Air Act Proposed Interim Approval Operating Permits
Program; the State of Arkansas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed interim approval.
-----------------------------------------------------------------------
SUMMARY: The EPA proposes interim approval of the operating permits
program submitted by the Arkansas Department of Pollution Control and
Ecology (ADPCE) through the Governor of Arkansas for the purpose of
complying with Federal requirements which mandate that States develop,
and submit to EPA, programs for issuing operating permits to all major
stationary sources, with the exception of sources on Indian Lands.
DATES: Comments on this proposed action must be received in writing by
October 19, 1994.
ADDRESSES: Written comments on this action should be addressed to Ms.
Jole C. Luehrs, Chief, New Source Review Section, at the EPA Region 6
Office listed. Copies of the State's submittal and other supporting
information used in developing the proposed rule are available for
inspection during normal business hours at the following locations.
Interested persons wanting to examine these documents should make an
appointment with the appropriate office at least 24 hours before
visiting day.
Environmental Protection Agency, Region 6, Air Programs Branch (6T-
AN), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
Arkansas Department of Pollution Control and Ecology, 8001 National
Drive, Little Rock, Arkansas 72219-8913.
FOR FURTHER INFORMATION CONTACT: Wm. Nicholas Stone, New Source Review
Section (6T-AN), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, suite 700, Dallas, Texas 75202-2733, telephone (214) 655-7226.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Introduction
As required under title V of the Clean Air Act as amended in 1990
(``the Act''), the EPA has promulgated rules which define the minimum
elements of an approvable State operating permits program and the
corresponding standards and procedures by which the EPA will approve,
oversee, and withdraw approval of State operating permits programs (see
57 FR 32250 (July 21, 1992)). These rules are codified at 40 Code of
Federal Regulations (CFR) part 70. Title V requires States to develop,
and submit to the EPA, programs for issuing these operating permits to
all major stationary sources and to certain other sources, with the
exception of sources on Indian Lands.
The Act requires that States develop and submit these programs to
the EPA by November 15, 1993, and that the EPA act to approve or
disapprove each program within one year after receiving the submittal.
The EPA's program review occurs pursuant to section 502 of the Act and
the part 70 regulations which together outline criteria for approval or
disapproval. Where a program substantially, but not fully, meets the
requirements of 40 CFR part 70, the EPA may grant the program interim
approval for a period of up to two years. If the EPA has not fully
approved a program by two years after the November 15, 1993, date, or
by the end of an interim program, it must establish and implement a
Federal program.
II. Proposed Action and Implications
A. Analysis of State Submission
1. Support Materials
Pursuant to section 502(d) of the Act, the Governor of each State
is required to develop and submit to the Administrator an operating
permit program under State or local law or under an interstate compact
meeting the requirements of title V of the Act. The Arkansas submittal
was made under the signature of Governor Jim Guy Tucker in a letter to
Acting Regional Administrator, Joe Winkle, EPA, Region 6, dated October
29, 1993. The program will be implemented in all areas of the State of
Arkansas.
The State provided a general overview under Tab 1 of the submittal.
This overview meets the requirements of 40 CFR 70.4(b)(1) by describing
the State program in general terms.
Pursuant to 40 CFR 70.4(b)(3), the Governor is required to submit a
legal opinion from the attorney general (or the attorney for the State
air pollution control agency that has independent legal counsel)
demonstrating adequate authority to carry out all aspects of a title V
operating permit program. The Attorney General's (AG) Opinion appears
under Tab 3 of the submittal. The Opinion is signed by the Chief of the
Legal Division, ADPCE, certifying full authority to represent the State
in all matters relating to the Department's environmental programs.
This opinion adequately addresses the thirteen provisions listed at 40
CFR 70.4(b)(3)(i)-(xiii).
40 CFR 70.4(b)(4) requires the submission of relevant permitting
program documentation not contained in the regulations, such as permit
forms and relevant guidance to assist in the State's implementation of
its permit program. The State provides relevant program documentation
under Tab 4 of the submittal. This documentation includes a complete
application form, permit form, and a guidance document. The submittal
did not contain a model reporting form for the permitted facilities to
report emissions to the regulatory authority. However, Arkansas
Regulation 26.7(a) references the Federal reporting requirements at 40
CFR 70.6(a)(3). These provisions must be included or formally
incorporated by reference. All sources subject to monitoring
requirements must submit monitoring reports every six months and must
promptly report any deviation from permit requirements.
In the ADPCE operating permits program submittal, the ADPCE does
not assert jurisdiction over Indian Lands or reservations. To date, no
Indian Lands have been identified in the State of Arkansas. Title V
sources located on Indian Lands in Arkansas will be subject to the
Federal operating permits program, to be promulgated at 40 CFR part 71,
or subject to the operating permits program of any Tribe delegated
authority for treatment as a State under regulations being developed
pursuant to section 301(d) of the Act.
2. Regulations and Program Implementation
The State submitted under Tab 2, Regulation 26, ``Regulations of
the Arkansas Operating Permit Program,'' as required at 40 CFR
70.4(b)(2). Regulation 26 follows the rule at 40 CFR part 70 very
closely. Supporting documentation of procedurally correct adoption and
copies of all applicable State statutes and regulations which authorize
the part 70 program, including those governing State administrative
procedures, were submitted with the State's program. Regulation 26
received written comments from March 25 through April 24, 1993, and a
public hearing was held April 14, 1993. The response to comments was
made by ADPCE on July 28, 1993. Sufficient evidence of their
procedurally correct adoption was submitted and meets the requirements
of 40 CFR 70.4(b)(2).
The following requirements, set out in the EPA's part 70 regulation
are addressed in the State's submittal: (a) Provisions to determine
applicability (40 CFR 70.3(a)), Regulation 26.3; (b) provisions to
determine complete applications (40 CFR 70.5(a)(2)), Regulation 26.4;
(c) public participation (40 CFR 70.7(h)), Regulation 26.6; (d)
provisions for minor permit modifications (40 CFR 70.7(e)(2)),
Regulation 26.10(b); (e) provisions for permit content (40 CFR
70.6(a)), Regulation 26.7; (f) provisions for operational flexibility
(40 CFR 70.4(b)(12)), Regulation 26.8; (g) enforcement provisions (40
CFR 70.4(b)(5) and 70.4(b)(4)(ii)), the AG Opinion and Tab 5 of the
submittal, Compliance Tracking and Enforcement.
Following is a discussion of certain specific provisions in the
State's submission as they relate to requirements of 40 CFR part 70:
(a) Applicability criteria, including any criteria used to
determine insignificant activities or emissions levels (40 CFR
70.4(b)(2) and 70.3(a)): Applicability criteria are defined at
Regulation 26.3. Regulation 26.3(a)(3) specifies that new construction
or modification at a part 70 source requires a new or modified part 70
permit before construction begins. However, the State regulation does
not require that a source must first undergo a preconstruction permit
review as outlined in Section 108, prevention of significant
deterioration (PSD) supplement to the Arkansas SIP. The SIP has been
submitted for recodification, with the PSD provisions at Regulation
19.9, and has not yet been acted on by the EPA. Regulation 26.3 must be
amended to incorporate by reference the applicable PSD requirements.
Insignificant activities are addressed at Regulation 26.3(d) which
refers to the SIP at Regulation 19.4(c). The SIP lists the following
emissions for which a permit is not required: 1) comfort heating,
cooling, and ventilation equipment; 2) portable internal combustion
engines used in conjunction with temporary construction operations, or
emergency standby generators; or 3) natural gas and oil exploration and
production site equipment. An exemption may be obtained for these
activities provided that operation of the equipment does not affect any
provision of the Federal Clean Air Act and does not contribute to an
exceedance of a National Ambient Air Quality Standard (NAAQS). No other
federally regulated emissions are allowed an exemption under Regulation
26.
(b) Provisions to determine complete applications are listed at
Regulation 26.4. The State references the required provisions for a
complete application listed at 40 CFR 70.5(c). In order to receive full
approval, the State must formally incorporate these provisions by
reference or list them specifically in the regulation. Recommended
language for formal incorporation by reference would read: ``The
Department hereby adopts and incorporates by reference those provisions
of 40 CFR 70.5(c), as in effect on July 21, 1992.''
Complete application forms, model permit, and instructions are
located under Tab 4 of the submittal. These application forms may be
amended without rulemaking to facilitate changes required by new
applicable requirements. These provisions meet the requirements of 40
CFR 70.5(a)(2).
(c) Provisions for adequate public participation are found at
Regulation 26.6. The State regulation provides for adequate public
participation and notice to affected States for permit issuance,
renewals, and reopenings. These provisions meet the requirements of 40
CFR 70.7(h).
(d) The rule at 40 CFR 70.7(e)(2) specifies criteria for minor
permit modifications that are incorporated in the State regulations at
Regulation 26.10(b). The rule at 40 CFR 70.7(e)(2)(i)(A)(5) and
Regulation 26.10(b)(7) prohibits changes which constitute modifications
under any provision of title I of the Act from being processed as a
minor modification. ``Title I modifications'' in Arkansas, are
determined by the permitting procedures federally approved into the
Arkansas Plan of Implementation for Air Pollution Control (SIP). The
SIP, Regulation 19.2, defines any increase in emissions as a
modification. The State incorporates an additional criteria, Regulation
26.10(b)(1), that allows the minor permit modification process to be
used for permit modifications that involve emission increases.
The additional criteria at Regulation 26.10(b)(1) allows the minor
permit modification process to be used for permit modifications that
involve emission increases not over 20% of the applicable definition of
major source, or 15 tons/year of PM-10, or 0.6 tons/year of lead,
whichever is less, based on potential to emit. 40 CFR 70.7(e)(3)(i)
allows group processing of minor modifications that collectively meet
this emission threshold, or a total of 5 tons per year (tpy) whichever
is less, provided the minor modification criteria at 40 CFR
70.7(e)(2)(i)(A) are also met. However, the criteria for minor
modifications at 40 CFR 70.7(e)(2)(i)(A), which applies to individual
as well as group processing of minor modifications does not contain
this allowance.
Therefore, Regulation 26.10(b)(1) is inconsistent with the rule at
40 CFR 70.7(e)(2)(i)(A)(5), as well as Regulation 26.10(b)(7). In order
for Regulation 26 to provide minor modification procedures consistent
with 40 CFR part 70, and as a condition of full approval, the ADPCE
must revise Regulation 26.10(b)(1) or delete the allowance from the
minor modification procedure.
(e) Provisions for permit content are found at Regulation 26.7. The
State regulations require inclusion of the enumerated elements at 40
CFR 70.6(a), (b), and (c). In order to receive full approval, the State
must formally incorporate these provisions by reference or list them
specifically in the regulation. Recommended language for formal
incorporation by reference would read: ``The Department hereby adopts
and incorporates by reference those provisions of 40 CFR 70.6(a), (b),
and (c) as in effect on July 21, 1992.''
Additional provisions are found to provide for adequate permit
duration, allow a permit shield, provide for general permits, and
provide for temporary sources and emergency situations.
Part 70 of the operating permits regulations requires prompt
reporting of deviations from the permit requirements. The rule at 40
CFR 70.6(a)(3)(iii)(B) requires the permitting authority to define
``prompt'' in relation to the degree and type of deviation likely to
occur and the applicable requirements. The State of Arkansas has not
defined ``prompt'' in Regulation 26, and must do so in order to achieve
full approval. With formal incorporation by reference and defining
``prompt'' with regard to reporting deviations, the provisions at
Regulation 26.7 meet the requirements of 40 CFR 70.6.
(f) Provisions for operational flexibility and alternative
scenarios are listed at Regulation 26.8. This section meets the
requirements of 40 CFR 70.4(b)(12) by closely tracking the language of
part 70.
(g) Enforcement provisions are discussed under Tab 5 of the
submittal, Compliance Tracking and Enforcement Program. This section
contains copies of the Enforcement Memorandum of Understanding, signed
May 3, 1993. The AG Opinion discussed in section 1 above, outlines the
State's authority to enforce all aspects of the program. Under Tab 9 of
the submittal, the State provides a commitment to submit annual
information concerning the State's enforcement activities. These
submission elements meet the requirements of 40 CFR 70.4(b)(4)(ii) and
(5).
The State of Arkansas has the authority to issue a variance from
requirements imposed by State law under Arkansas Code, Annotated
(A.C.A.) 8-4-313. The EPA regards this provision as wholly external to
the program submitted for approval under part 70, and consequently is
proposing to take no action on this provision of State law. The EPA has
no authority to approve provisions of State law, such as the variance
provision referred to, which are inconsistent with the CAA. The EPA
does not recognize the ability of a permitting authority to grant
relief from the duty to comply with a federally enforceable part 70
permit, except where such relief is granted through the procedures
allowed by part 70. A part 70 permit may be issued or revised
(consistent with part 70 permitting procedures) to incorporate those
terms of a variance that are consistent with applicable requirements. A
part 70 permit may also incorporate, via part 70 permit issuance or
modification procedures, the schedule of compliance set forth in a
variance. However, EPA reserves the right to pursue enforcement of
applicable requirements notwithstanding the existence of a compliance
schedule in a permit to operate. This is consistent with 40 CFR
70.5(c)(8)(iii)(C), which states that a schedule of compliance ``shall
be supplemental to, and shall not sanction noncompliance with, the
applicable requirements on which it is based.'' The State provides a
legal position on variances in the AG Opinion, Section XXIII, page 9.
Historically, Arkansas has not granted a variance without approval from
EPA. Counsel for the ADPCE commits to assure that variances are not
granted to part 70 sources.
The Arkansas operating permits program is contained in Regulation
26, but several applicable requirements are found in Regulation 19
(e.g. PSD requirements at 19.9). The State of Arkansas has submitted a
revision to Regulation 19 and the EPA is currently undertaking a review
of the revision. The EPA will continue to work closely with the State
to ensure consistency between the SIP permits system and operating
permits systems in Arkansas. The EPA reserves comment on the SIP
revision until such time as review is completed. A subsequent notice
will be published in the Federal Register when the review is complete.
3. Permit Fee Demonstration
The State provided a detailed workload analysis and permit fee
demonstration to justify the fee of $16 per ton per year. Federal
guidance recommends a presumptive minimum fee of $25 per ton per year,
based on 1989 dollars and adjusted annually by the Consumer Price Index
(CPI). The fee will be applied to the allowable emissions at each part
70 source. Approximately $4.16 million dollars per year is expected to
be generated by the Arkansas fee. This figure is based on the emissions
inventory and does not include hazardous air pollutant (HAP) emission
sources. Program costs are expected to run approximately $3.6 million
dollars per year. The State utilized historical information concerning
permitting costs and the emissions inventory to estimate the revenue
required to fund the program. The EPA noted that the fee demonstration
does not estimate resource needs for section 112 programs that will be
promulgated in the near future. Expansion of the State program is
anticipated to facilitate incorporation of these new requirements. The
ADPCE has the authority to adjust the fee as necessary using the State
administrative procedures as new applicable requirements are
promulgated. The fee demonstration submitted by Arkansas meets the
requirements at 40 CFR 70.4(b)(7) and (8).
4. Provisions Implementing the Requirements of Other Titles of the Act
The State of Arkansas acknowledges that its request for approval of
a part 70 program is also a request for approval of a program for
delegation of unchanged section 112 standards under the authority of
section 112(l) as they apply to part 70 sources. Upon receiving
approval under section 112(l), the State may receive delegation of any
new authority required by section 112 of the Act through the delegation
process.
The State also has the option at any time to request, under section
112(l) of the Act, delegation of section 112 requirements in the form
of State regulations which the State demonstrates are equivalent to the
corresponding section 112 provisions promulgated by the EPA. At this
time, the State plans to use the mechanism of incorporation by
reference to adopt unchanged Federal section 112 requirements into its
regulations.
The radionuclide NESHAP is a section 112 regulation and therefore,
also an applicable requirement under the State operating permits
program for part 70 sources. There is not yet a Federal definition of
``major'' for radionuclide sources. Therefore, until a major source
definition for radionuclides is promulgated, no source would be a major
section 112 source solely due to its radionuclide emissions. However, a
radionuclide source may, in the interim, be a major source under part
70 for another reason, thus requiring a part 70 permit. The EPA will
work with the State in the development of its radionuclide program to
ensure that permits are issued in a timely manner.
Section 112(g) of the Act requires that, after the effective date
of a permits program under title V, no person may construct,
reconstruct or modify any major source of HAPs unless the State
determines that the maximum achievable control technology emission
limitation under section 112(g) will be met. Such determination must be
made on a case-by-case basis where no applicable limitations have been
established by the Administrator. During the period from the title V
effective date to the date the State has taken appropriate action to
implement the final section 112(g) rule (either adoption of the
unchanged Federal rule or approval of an existing State rule under
112(l)), Arkansas intends to implement section 112(g) of the Act
through the State's preconstruction process.
The State of Arkansas commits to appropriately implementing and
enforcing the existing and future requirements of sections 111, 112 and
129 of the Act, and all maximum achievable control technology (MACT)
standards promulgated in the future, in a timely manner.
The submittal was amended with a letter from J.B. Jones, Chief of
the Air Division, ADPCE, to Gerald Fontenot, Chief of the Air Programs
Branch, EPA, dated January 13, 1994. This letter commits the ADPCE to
meet the January 1, 1995, deadline for incorporation and submittal of
the Federal acid rain program into the State regulations.
5. Enforcement Provisions
The Arkansas operating permits program submittal addressed the
enforcement requirements under Tab 5 of the submittal. This section
contains, as required at 40 CFR 70.4(b)(4)(ii) and 70.4 (b)(5), the
Enforcement Memorandum of Understanding, signed by the State and the
EPA on May 3, 1993. This information serves to describe the current
processes in place to track air permits and conduct enforcement
actions. The State has committed to use the AIRS computer tracking
system in the operating permits program. Under Tab 9 of the submittal,
the State committed to annual submission of information concerning the
State's enforcement activities. This submission, as required at 40 CFR
70.4(b)(9), includes the number of enforcement actions either commenced
or concluded; the penalties, fines, and sentences obtained in those
actions; and the number of administrative orders issued. The AG's
Opinion under Tab 3 of the submittal clearly documents the State's
authority to issue, inspect, and enforce operating permits in both
civil and criminal actions. This statement of authority is required at
40 CFR 70.4(b)(3)(vii).
6. Technical Support Document
The results of this review will be shown in a document entitled
``Technical Support Document,'' which will be available in the docket
at the locations noted above. The technical support documentation shows
that all operating permits program requirements of 40 CFR part 70 and
relevant guidance were met by the submittal with the exception of those
requirements described below.
7. Summary
The State of Arkansas submitted to the EPA, under a cover letter
from the Governor, the State's operating permits program on November 9,
1993. The submittal has adequately addressed all sixteen elements
required for full approval as discussed in part 70 with the exception
of the issues described in section B below. The State of Arkansas
addressed appropriately all requirements necessary to receive interim
approval of the State operating permits program pursuant to title V of
the Act, 1990 Amendments and 40 CFR part 70. The EPA is proposing
interim approval for the operating permits program submittal for the
State of Arkansas.
B. Options for Approval/Disapproval and Implications
The EPA is proposing to grant interim approval to the operating
permits program submitted by the State of Arkansas on November 9, 1993.
Interim approvals under section 502(g) of the Act do not create any new
requirements, but simply approve requirements that the State is already
imposing. If promulgated, the State must make the following changes to
receive full approval:
(1) PSD Applicability. As discussed in section A.2.a above, the
provisions at Regulation 26.3(a)(3) should incorporate by reference
the PSD requirements in the State regulations applicable to new
construction and modification.
(2) Incorporation by Reference. As discussed in section A.2.b and
A.2.e above, the State must formally incorporate the part 70
provisions referenced in Regulation 26 regarding complete
application requirements and permit content requirements.
(3) Minor Modification Procedures. As discussed in section A.2.d
above, the State must remove or revise the language at Regulation
26.10(b)(1).
(4) Definition of ``prompt''. As discussed in section A.2.e above,
the State must define ``prompt'' with regard to reporting deviations
in order to be consistent with the rule at 40 CFR
70.6(a)(3)(iii)(B).
(5) Submission of Regulation 19. As discussed in section A.2 above,
The State of Arkansas must ensure consistency between the operating
permits program, Regulation 26, and the SIP, Regulation 19.
Evidence of these regulatory revisions and their procedurally
correct adoption must be submitted to EPA within 18 months of EPA's
approval of the Arkansas operating permits program. This interim
approval, which may not be renewed, extends for a period of up to two
years. During the interim approval period, the State is protected from
sanctions for failure to have a program, and the EPA is not obligated
to promulgate a Federal permits program in the State. Permits issued
under a program with interim approval have full standing with respect
to 40 CFR part 70, and the one year time period for submittal of permit
applications by subject sources begins upon interim approval, as does
the three year time period for processing the initial permit
applications.
If the interim approval is converted to a disapproval, it will not
affect any existing State requirements applicable to small entities.
Federal disapproval of the State submittal does not affect its State-
enforceability. Moreover, the EPA's disapproval of the submittal does
not impose a new Federal requirement. Requirements for approval,
specified in 40 CFR 70.4(b), encompass section 112(l)(5) approval
requirements for delegation of section 112 standards as promulgated by
EPA as they apply to part 70 sources. Section 112(l)(5) requires that
the State's program contain adequate authorities, adequate resources
for implementation, and an expeditious compliance schedule, which are
also requirements under 40 CFR part 70.
III. Proposed Rulemaking Action
In this action, EPA is proposing interim approval of the operating
permits program submitted by the State of Arkansas. The program was
submitted by the State to EPA for the purpose of complying with Federal
requirements found at the 1990 Amendments, title V and at part 70,
which mandates that States develop, and submit to EPA, programs for
issuing operating permits to all major stationary sources and certain
other sources, with the exception of Indian Lands. Therefore, the EPA
is also promulgating approval under section 112(l)(5) and 40 CFR 63.91
of the State's program for receiving delegation of section 112
standards that are unchanged from Federal standards as promulgated.
This program for delegations only applies to sources covered by the
part 70 program.
EPA has reviewed this submittal of the Arkansas operating permits
program and is proposing interim approval. Certain defects in the
State's regulations preclude EPA from granting full approval of the
State's operating permits program at this time. EPA is proposing to
grant interim approval, subject to the State obtaining the needed
regulatory revisions within 18 months after the Administrator's
approval of the Arkansas title V program pursuant to 40 CFR 70.4.
IV. Administrative Requirements
A. Request for Public Comments
The EPA is requesting comments on all aspects of this proposed
rule. Copies of the State's submittal and other information relied upon
for the proposed interim approval are contained in a docket maintained
at the EPA Regional Office. The docket is an organized and complete
file of all the information submitted to, or otherwise considered by,
the EPA in the development of this proposed rulemaking. The principal
purposes of the docket are:
(1) To allow interested parties a means to identify and locate
documents so that they can effectively participate in the rulemaking
process; and
(2) To serve as the record in case of judicial review.
The EPA will consider any comments received by October 19, 1994.
B. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
C. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA
must prepare a regulatory flexibility analysisassessing the impact of
any proposed or final rule on small entities, (5 U.S.C. 603 and 604).
Alternatively, the EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Operating permits program approvals under section 502 of the Act do
not create any new requirements, but simply approve requirements that
the State is already imposing. Therefore, because the Federal operating
permits program approval does not impose any new requirements, I
certify that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the Act, preparation of a regulatory flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of State action. The Act forbids the EPA to base its
actions concerning operating permits programs on such grounds, (Union
Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct 1976); 42
U.S.C. 7410(a)(2)).
List of Subjects in 40 CFR Part 70
Administrative practice and procedure, Air pollution control,
Environmental protection, Intergovernmental relations, Operating
permits.
Authority: 42 U.S.C. 7401-7671q.
Date: September 7, 1994.
Joe D. Winkle,
Acting Regional Administrator (6A).
[FR Doc. 94-23117 Filed 9-16-94; 8:45 am]
BILLING CODE 6560-50-F
