Clean Air Act Proposed Interim Approval Operating Permits Program; the State of Arkansas

Federal RegisterSep 19, 1994

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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.

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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]

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