Clean Air Act Proposed Approval of Operating Permits Program; Lincoln-Lancaster County Health Department; State of Nebraska

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[AD-FRL-5147-7]

Clean Air Act Proposed Approval of Operating Permits Program;

Lincoln-Lancaster County Health Department; State of Nebraska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes approval of the Operating Permits Program

submitted by the Lincoln-Lancaster County Health Department (LLCHD)

(Nebraska) 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, and to certain other

sources.

DATES: Comments on this proposed action must be received in writing by

March 2, 1995.

ADDRESSES: Comments should be addressed to Christopher D. Hess at the

Region VII address.

Copies of the LLCHD submittal and other supporting information used

in developing the proposed rule are available for inspection during

normal business hours by contacting: Christopher D. Hess, USEPA, Region

VII, Air Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Christopher D. Hess (913) 551-7213.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

As required under title V of the Clean Air Act (``the Act'') as

amended (1990), 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 EPA, programs for issuing these operating permits to all

major stationary sources and to certain other sources.

The Act requires that states develop and submit these programs to

EPA by November 15, 1993, and that 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 which outlines

criteria for approval or disapproval. Where a program substantially,

but not fully, meets the requirements of part 70, EPA may grant the

program interim approval for a period of up to two years. If 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 Submission by Local Authority

1. Introduction

What follows are brief explanations indicating how the submittal

meets the requirements of part 70. The reader may consult the Technical

Support Document (TSD) for a more detailed explanation of these topics.

2. Support Materials

a. Governor's letter. The designated representative of the Governor

of Nebraska has requested approval on behalf of the LLCHD as a local

permitting agency. LLCHD has also requested approval in its submittal

cover letter. Lincoln-Lancaster proposes to administer title V in its

two counties.

b. Regulations. The basic regulatory framework for the operating

permit program is the ``1993 Lincoln-Lancaster County Air Pollution

Control Program,'' version 1.2, as amended May 1994. These rules

essentially adopt the state's ``Title 129--Nebraska Air Quality

Regulations,'' which includes the title V requirements for the state.

LLCHD rules use a different numbering system than the state's but is

essentially the same in content. These rules were approved by the

Lincoln City Council and by the Lancaster County Board of Supervisors.

LLCHD has also incorporated by reference the Nebraska Environmental

Protection Act and Nebraska statutes into its program. The submittal

includes a discussion of the public review and hearing process which

the local agency followed in adopting the rules.

The submittal currently contains two provisions which would

restrict operation of the program. However, LLCHD has agreed to make

modifications to both of these provisions in order to receive full

approval of the program. The reader is directed to the applicability

provisions section of this notice (II.A.2.e.) for discussion of the

first item (applicable requirements definition), and (II.A.2.h.) for

the second item (Title I modifications).

c. Attorney General's legal opinion. The opinion of the County

Attorney contains the elements required by 40 CFR 70.4(b)(3) and states

there is adequate authority to meet all of the title V and part 70

requirements.

3. Implementation

a. Program description. A comprehensive plan for implementing the

title V program was included in the submittal. This plan includes

program authority, agency organization, and staffing. Approximately 80

sources have been identified that will be required to submit a title V

permit application within LLCHD jurisdiction.

LLCHD has also identified adequate procedures for its permit

application and review process, along with inspection and enforcement

provisions. The EPA has determined the program description meets the

requirements of 40 CFR 70.4(b)(1). An implementation agreement was not

included in LLCHD's [[Page 5884]] submittal, but the EPA is encouraging

its development in anticipation of program approval.

The presumptive minimum plus consumer price index (CPI) will be

used for the operating permit fee. This will be discussed further under

the fee demonstration section (II., 3.). Like the state, LLCHD will

maintain a Class II program for minor, non-title V sources.

b. Program implementation. A permit registry is being established

to ensure issuing one-third of all permits in the first year of the

program. This registry also includes a provision to review permit

applications within nine months of receipt for those sources of

hazardous air pollutants participating in the early reduction program

under section 112(i)(5) of the Clean Air Act.

In terms of initial permit applications, LLCHD outlines adequate

procedures to satisfy part 70 requirements. The application process

includes affected state and EPA review. LLCHD's procedures and guidance

are designed to ensure that a permit is issued within 18 months of

application.

LLCHD has established criteria for monitoring source compliance

which include compliance inspections, citizen complaint responses,

follow-up inspections, and permit application review. LLCHD will

physically inspect each title V source at least once per year.

Surveillance through monitoring will also be conducted to ensure

compliance.

c. Personnel. LLCHD provided a workload analysis for each program

category of title V activity to include permitting, compliance and

enforcement, planning, monitoring, small business assistance, and

communications to determine the amount of personnel needed. EPA's

analysis suggests that LLCHD's estimate appears adequate for

implementing the title V program.

d. Data management. All permit application information will be

submitted to the state which will, in turn, make that information

available to the EPA. The proposed permits will be made available for

EPA review. LLCHD requires the retention of permit information by the

source for five years in Article 2, section 8, (D)(2)(b). LLCHD has

also committed to maintaining records for five years in its program

description.

e. Applicability provisions. LLCHD provides for permitting of all

major sources, affected sources, sources that opt to apply for a

permit, and all sources subject to sections 111 or 112 standards (new

source performance standards and standards for hazardous air

pollutants).

LLCHD exempts sources that are not major sources, affected sources,

or solid waste incineration units required to obtain a permit pursuant

to section 129(e) of the Act. This exemption is allowed by

Sec. 70.3(b)(1) until the Administrator completes a rulemaking to

determine how the program should be structured for nonmajor sources.

(1) Applicable requirements. On the one hand, LLCHD's rules require

all applicable requirements to be included in the permit. This includes

requirements that have been promulgated or approved by EPA through

rulemaking at the time of issuance but which have future effective

dates. Additionally, the director may insert EPA promulgated

requirements into permits before LLCHD has adopted the standard.

However, the EPA has determined that the items enumerated in

Article 1, section 2 (3-10) in the definition of ``applicable

requirements'' undermine the ability to incorporate all applicable

requirements. As currently written, a rule must be promulgated by EPA

and adopted by LLCHD to be considered an applicable requirement.

As an example of this concern, item (4) of the applicable

requirement definition states, ``Any standard or other requirement

established pursuant to Section 112 of the Act and regulations adopted

in Section 27 of these Regulations and Standards relating to hazardous

air pollutants listed in Appendix II.'' The practical effect of this

definition, as an example, is that a source could claim it need not

identify certain hazardous air pollutant standards in its application,

for inclusion in the permit, if the requirement is not both promulgated

under section 112 of the Act and in section 27 of the Lincoln-Lancaster

regulations.

LLCHD has committed to modify the definition of applicable

requirements in accordance with EPA guidance to receive program

approval. The state of Nebraska has already initiated action to correct

this deficiency. The Nebraska Environmental Quality Council adopted

regulatory changes on December 2, 1994, which are included in the

docket for this proposed rulemaking for the LLCHD program. Once LLCHD

adopts the revisions made by the Council on December 2, including those

described in II.A.2.h. also, the EPA intends to take final action to

fully approve the program.

(2) Variances. Both the state's and LLCHD's rules allow sources to

petition the permitting authority for a variance. Importantly, both

rules clearly state that no variance will be granted that sanctions any

violation of state or Federal statutes or regulations. Based on these

provisions, the submittal is approvable with respect to variances.

f. Permit content. LLCHD's regulations require title V permits to

include part 70 terms and conditions for all applicable requirements in

Article 2, section 7 (C)(1). These rules also stipulate that the

duration of the permit (five years) will be specified in the permit.

LLCHD has also provided for the inclusion of enhanced monitoring in

permits.

LLCHD's regulations do require the permit to contain a condition

prohibiting emissions exceeding any allowances that the source lawfully

holds under title IV of the Act as required by Sec. 70.6(a)(4). The

regulations also meet the requirements of Sec. 70.6(a)(5)

(severability), Sec. 70.6(a)(6) (permit provisions), Sec. 70.6(a)(7)

(fees), and Sec. 70.6(a)(8) (emissions trading). Part 70 also requires

terms and conditions for reasonably anticipated operating scenarios to

be included in the permit. LLCHD's rules require that the terms and

conditions of each alternative scenario meet all the requirements of

part 70. Section 70.6(a)(10) requires the permit to contain terms and

conditions, if the permit applicant requests them, for the trading of

emissions increases and decreases at the facility. LLCHD's regulations

fulfill this requirement.

Part 70 also has federally enforceable requirements for the terms

and conditions in a part 70 permit at Sec. 70.6(b), compliance

requirements at Sec. 70.6(c), and emergency provisions at Sec. 70.6(g).

LLCHD's regulations comply with these requirements.

LLCHD's program provides for general permits in Article 2, section

9. In section 9(B), the director will identify criteria by which

sources may qualify for the general permit as required by

Sec. 70.6(d)(1).

The permitting program can also have provisions for permitting

temporary sources and for permit shields. LLCHD's permitting program

has both of these options and meets the requirements of part 70.

LLCHD's program provides for operational flexibility and closely

follows EPA's requirements.

The program does make provision to exempt the listing of

insignificant activities in permit applications. The state has

developed this list, which will be approved in December 1994 and then

adopted by LLCHD.

g. Permit forms. LLCHD addresses permit application requirements in

Article 2, sections 5 and 7 of its regulations. Within its rules

adequate procedures are outlined for the following: duty to apply,

complete [[Page 5885]] applications, confidential information,

correcting a permit application, standard forms, and compliance

certification. A detailed analysis of how the submittal meets these

part 70 requirements is included in the TSD.

h. Permit issuance. LLCHD regulations satisfy both the complete and

timely component of section 503 of the Act and 40 CFR 70.5(a). Sources

are required to submit permit applications within 12 months after

becoming subject to the permit program, or on or before some earlier

date established under the LLCHD operating permit registry. Source

permit applications must conform to the standard LLCHD application

form, and must contain information sufficient to allow LLCHD to

determine all applicable requirements with respect to the applicant. An

application will be deemed complete within 60 days of receipt unless

LLCHD finds them to be incomplete. LLCHD regulations only require

notification of the source if the application is incomplete.

LLCHD regulations also require that final action be taken on

complete applications within 18 months of submittal of a complete

application, except for initial permit applications which are subject

to the three-year transition plan set forth by the Clean Air Act

Amendments of 1990.

LLCHD regulations also require compliance with public participation

procedures, notification to affected states, compliance with all

applicable requirements, and allow for a 45-day period for EPA

objection.

The regulations provide for priority on applications for

construction or modification under an EPA-approved preconstruction

review program. The operating permit regulations do not affect the

requirement that any source have a preconstruction permit under an EPA-

approved preconstruction review program. The program also provides that

permits being renewed are subject to the same procedural requirements,

including those for public participation and affected state and EPA

review that apply to initial permit issuance. The operating permit

program provides for administrative amendments which meet the

requirements of the Federal rule.

Permit modification processing procedures are equivalent to Federal

requirements as they provide for the same degree of permitting

authority, EPA, and affected state review and public participation.

The program satisfies all but one of the Federal minor permit

modification procedures. The Federal permit rule requires that a title

I modification not be processed as a minor permit modification. The

LLCHD rules (see section 15(C)(1)(e)) require that the activity not be

a modification which requires a construction permit under section 17;

this section is titled ``Construction Permits-When Required.'' Thus,

LLCHD is required to include a reference in section 15(C)(1)(e)

referring to section 19, ``Prevention of Significant Deterioration,''

and section 18, ``New Source Performance Standards,'' since activities

under these chapters could be considered title I modifications.

The origin of the LLCHD rule is in title 129 of the state rule. The

state has proposed rule changes for adoption in December 1994 to

correct this deficiency. As with all other rules adopted by the state,

LLCHD will incorporate this change approximately two months afterward

and therefore fulfill all minor permit modification requirements. This

change, along with the modification of ``applicable requirement,'' will

be required before the EPA will grant approval for the program.

The program provides for promptly sending to EPA any notice that

LLCHD refuses to accept all recommendations of an affected state

regarding a proposed minor permit modification. In addition, the

program provides that the permitting authority may approve, but may not

issue, a final permit modification until after EPA's 45-day review

period or until the EPA has notified the permitting authority that the

EPA will not object to issuance, whichever is first.

The LLCHD program provides for minor permit modification group

processing which meets the Federal criteria. Specifically, the program

provides that any application for group processing must meet permit

application requirements similar to those outlined in Sec. 70.7(e)(3),

and also provides for notifying the EPA and affected states of the

requested permit modification within five working days of receipt of an

application demonstrating that the aggregate of a source's pending

applications equals or exceeds the threshold level.

Significant modification procedures are defined in a manner that

parallels Federal provisions. The submittal's program description

commits to completion of review of the majority of significant permit

modifications within nine months after receipt of a complete

application.

(1) Permit reopenings. LLCHD provides that a permit is to be

reopened and revised when additional applicable requirements become

applicable to a major source with a remaining permit term of three or

more years, and that such a reopening is to be completed within 18

months after promulgation of the applicable requirement. In addition,

the proceedings to reopen a permit will follow the same procedures that

apply to initial issuance, will affect only those parts of the permit

for which cause to reopen exists, and will ensure reopenings are made

as expeditiously as practicable. The rule provides that at least 30

days' advance notice must be given to the permittee for reopenings and

that notice will be given of the intent to reopen the permit.

(2) Off-permit revisions. LLCHD has elected to not allow off-permit

activities.

i. Compliance tracking and enforcement. The requirement for

proposed compliance tracking and enforcement reporting has been met by

the LLCHD. This reporting will be accomplished by providing enforcement

information to the state monthly for subsequent monthly entry into the

Aerometric Information Retrieval System. The proposed enforcement

program will consist of source inspection, surveillance, response to

complaints, permit application review, and enforcement responses.

Proposed enforcement authorities mirror the state's and meet the

requirements of Sec. 70.11. These responses include permit

modification, permit revocation, stipulation, administrative orders,

injunctive relief, civil/criminal referral, and referral to the EPA.

j. Public participation, EPA and affected States review. LLCHD's

submittal ensures that all permit applications are available to the

public. All requirements are included to ensure that each concerned

citizen will be aware of proposed and final permit actions. This

includes the commitment to keep a record of proceedings that will allow

citizens to object to a permit up to 60 days after the EPA review

period.

LLCHD has adopted rules that ensure mutual review by affected

states and the EPA. LLCHD will not issue a permit when it is objected

to in accordance with Sec. 70.8(c).

4. Fee Demonstration

LLCHD has elected to collect the presumptive minimum plus CPI

(currently $30.07) in accordance with part 70 to cover direct and

indirect costs of developing and administering its program.

The submittal states that a specific title V fund, with individual

billing codes for this program, will be created. Article 2, section 29

of the LLCHD regulations directs all moneys collected from the permit

fees to be made payable to LLCHD and to be credited to the Air

Pollution Control Fund. [[Page 5886]]

Part 70 also requires permitting authorities to submit periodic

accounting reports to EPA. Upon further guidance by EPA, LLCHD will be

requested to submit these reports.

LLCHD's submittal included a list of sources and the amount of fees

that it expects to collect in the first year from each source as part

of its fee demonstration ($379,122). LLCHD's year-to-year estimates of

resources by major activities adequately satisfies the four-year

projection.

5. Provisions Implementing the Requirements of Other Titles of the Act

a. Acid rain. The legal requirements for an approval under the

title V operating permits program for a title IV program were cited in

EPA guidance distributed on May 21, 1993, entitled ``Title V--Title IV

Interface Guidance for States.'' The LLCHD has met the five major

criteria of this guidance which include legal authority, regulatory

authority, forms, regulatory revisions, and a commitment to acid rain

deadlines. The LLCHD has adopted by reference 40 CFR part 72.

b. Section 112. The specific title V program approval criteria with

respect to section 112 provisions are enumerated in a memorandum from

John Seitz, Office of Air Quality Planning and Standards, dated April

13, 1993. LLCHD has met these criteria as described in the following

topics:

(1) Section 112(d), (f), and (h).-EPA emissions standards. In

accordance with part 70, LLCHD will not issue any permit (or permit

revision addressing any emissions unit subject to a newly promulgated

section 112 standard) unless it would ensure compliance with all

applicable section 112 standards. Additionally, part 70 permits will be

reopened which have three or more years remaining before their

expiration date to incorporate any newly promulgated standard (section

70.7 (f)(1)(i)).

(2) General provisions. The Seitz memorandum notes that the

implementation of all current National Emission Standard for Hazardous

Air Pollutants (NESHAP) standards and future maximum achievable control

technology (MACT) (and residual risk) standards includes the

implementation of any ``general provisions'' that EPA develops for

these standards. Initial title V approval must ensure that states will

carry out these provisions as in effect at the time of any permit

issuance or revisions. EPA adopted the 40 CFR part 63, subpart A

General Provisions on February 28, 1994. Neither the state nor Lincoln-

Lancaster has had an opportunity to adopt these provisions to date.

However, the intention is to adopt all applicable requirements as noted

in the general program description. EPA thus considers this requirement

to be met.

(3) Section 112 (g)-Case-by-Case MACT for modified/constructed and

reconstructed major toxic sources. The agency proposes to require best

available control technology for new and modified sources of air

toxics. In the absence of any EPA guidance/regulations defining case-

by-case MACT procedures and methods for determining agency equivalency

of Federal requirements at the time of agency program submittal, the

agency's submission should be adequate for the interim. LLCHD's intent

is to adopt Federal air toxic regulations expeditiously.

(4) Section 112 (i)(5)-early reductions. LLCHD has adequate

provisions for implementation of this program by adopting by reference

40 CFR part 63, subpart D, early reduction compliance extension rules,

promulgated in the Federal Register on December 29, 1992. To date, no

source in the agency area has made a commitment to participate in the

early reductions program. The agency provides for incorporating

alternative emission limits into permits in section 8, paragraph

(B)(3).

(5) Section 112(j)-case-by-case MACT hammer. It is the agency's

intent to make case-by-case MACT determinations and to issue permits to

subject sources in accordance with the section 112(j) requirements.

Section 7(B)(2) requires newly subject sources to file a permit

application within 12 months of first becoming operational or otherwise

subject to the title V program. Section 7(B)(3) requires sources

subject to section 28 (MACT) to submit a permit application within 12

months of becoming operational. The agency would make its case-by-case

MACT determination after receipt of the permit application and prior to

permit issuance.

(6) Section 112(l)-State air toxics programs. The EPA intends to

delegate authority for existing section 112 standards under the

authority of section 112(l) concurrent with approval of the title V

program. It is expected that the agency will request delegation of

future 112 standards/rules in accordance with the adoption-by-reference

procedures in 40 CFR part 63, subpart E, Sec. 63.91. Since the agency

has already adopted by reference the section 112(i) early reduction

rule (Section 27), EPA anticipates delegating this authority concurrent

with title V approval.

(7) Section 112(r)-accidental release plans. The agency has

provided for the section 112(r) requirements in its rules in section

8(K). The permit of a source subject to the requirements of section

112(r) will contain a requirement to register the plan; verification of

plan preparation and submittal to the state (NDEQ), the state Emergency

Response Commission, and any local emergency planning committee; and

will require an annual certification in accordance with section 7(B),

that the risk management plan is being properly implemented.

The permit application requires a schedule of compliance for

sources that are not in compliance with all applicable requirements at

the time of permit issuance: section 7, paragraph (F)(2). The permit

requirement for a compliance schedule is listed in section 8, paragraph

(L)(3).

B. Options for Approval/Disapproval and Implications

The EPA is proposing to grant approval to the operating permits

program submitted by the LLCHD on November 12, 1993, and modified on

June 15, 1994. Prior to final action, LLCHD must: (1) Render a

modification of the definition ``applicable requirement,'' and (2)

modify the provisions related to title I modifications.

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 LLCHD program contain adequate

authorities, adequate resources for implementation, and an expeditious

compliance schedule, which are also requirements under part 70.

Therefore, the EPA is also proposing to grant approval under section

112(l)(5) and 40 CFR 63.91 of LLCHD'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.

III. Administrative Requirements

A. Request for Public Comments

The EPA is requesting comments on all aspects of this proposed

rule. Copies of LLCHD'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, EPA in

the development of this proposed rulemaking. The principal purposes of

the docket are:

[[Page 5887]] 1. To allow interested parties a means to identify

and locate documents for participating in the rulemaking process; and

2. To serve as the record in case of judicial review. The EPA will

consider any comments received by March 2, 1995.

B. Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the

Agency must determine whether the regulatory action is ``significant''

and therefore subject to Office of Management and Budget (OMB) review

and the requirements of the Executive Order. The Order defines

``significant'' regulatory action as one that is likely to lead to a

rule that may:

1. Have an annual effect on the economy of $100 million or more, or

adversely and materially affecting a sector of the economy,

productivity, competition, jobs, the environment, public health or

safety, or state, local, or tribal governments or communities;

2. Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

3. Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligation of recipients

thereof; and

4. Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.''

It has been determined that this rule is not a ``significant

regulatory action'' under the terms of Executive Order 12866 and is

therefore not subject to OMB review.

C. Paperwork Reduction Act

Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), Federal

agencies must obtain the OMB clearance for collection of information

from 10 or more non-Federal respondents.

D. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, 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.

Interim 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 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). If the interim approval

is converted to a disapproval, it will not affect any existing LLCHD

requirements applicable to small entities. Federal disapproval of the

submittal does not affect its state enforceability. Moreover, EPA's

disapproval of the submittal does not impose a new Federal requirement.

Therefore, EPA certifies that this disapproval action does not have a

significant impact on a substantial number of small entities because it

does not remove existing LLCHD requirements nor does it substitute a

new Federal requirement.

List of Subjects in 40 CFR Part 70

Air pollution control, Intergovernmental relations, Operating

permits, Reporting and recordkeeping requirements.

Authority: 42 U.S.C. 7401-7671q.

Dated: January 6, 1995.

William Rice,

Acting Regional Administrator.

[FR Doc. 95-2335 Filed 1-30-95; 8:45 am]

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