Approval of Delegation of Authority; National Emission Standards for Hazardous Air Pollutants; Coke Oven Batteries; Utah

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-5170-1]

Approval of Delegation of Authority; National Emission Standards

for Hazardous Air Pollutants; Coke Oven Batteries; Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is granting delegation of authority to the State of Utah

to implement and enforce the National Emission Standards for Coke Oven

Batteries. The Governor of Utah requested delegation from EPA Region

VIII in a letter dated August 18, 1994. EPA has reviewed the

application and has reached a decision that the State of Utah has

satisfied all of the requirements necessary to qualify for approval of

delegation. The effect of this action allows the State of Utah to

implement and enforce Clean Air Act standards for coke oven batteries.

DATES: This action is effective May 9, 1995 unless adverse comments are

received by April 10, 1995. If the effective date is delayed due to

comments, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be submitted to Patricia D. Hull,

Director, Air, Radiation & Toxics Division, Environmental Protection

Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado

80202-2466 and concurrently to Russell A. Roberts, Director, Division

of Air Quality, Department of Environmental Quality, 1950 West North

Temple, Salt Lake City, Utah 84114-4820. A docket containing State of

Utah's submittal is available for public inspection during normal

business hours at the above locations.

FOR FURTHER INFORMATION CONTACT: T. Scott Whitmore at (303) 293-1758.

SUPPLEMENTARY INFORMATION:

Background

The 1990 Amendments to the Clean Air Act provide a congressional

mandate to establish emission standards regulating coke oven emissions.

Under section 112(d)(8), the EPA must promulgate standards based on

specified minimum requirements and work practice regulations. On

October 27, 1993, the EPA met this requirement by promulgating in the

Federal Register (58 FR 57534) the national standards for coke oven

emissions. The standard applies to all existing coke oven batteries,

including by-product and nonrecovery coke oven batteries, and to all

new coke oven batteries constructed on or after December 4, 1992.

On August 18, 1994 the Governor of Utah requested delegation of

authority to implement and enforce 40 CFR Part 63, Subpart L, National

Emission Standards for Coke Oven Batteries. Prior to this request, the

State of Utah implemented the criteria for delegation as described in

40 CFR 63.91(b), Criteria common to all approval options. Criteria for

approval to delegate include a written finding by the State Attorney

General that the State has the necessary legal authority to implement

and [[Page 13046]] enforce the rule; state statutes, regulations, and

other provisions that contain the appropriate authority to implement

and enforce the rule, a demonstration of adequate resources, a schedule

demonstrating expeditious implementation of the rule, and a plan that

assures expeditious compliance by all sources subject to the rule.

Utah, concurrently with its request for delegation, submitted

documentation demonstrating it meets the criteria necessary for

granting approval.

As required by 40 CFR 63.91(a)(2), the EPA is seeking public

comments for 30 days. The comments shall be submitted concurrently to

the State of Utah and to EPA. The State of Utah can then submit a

response to the comments to EPA.

EPA is approving the State of Utah's request for delegation as a

direct final rule without prior proposal because EPA views this as a

noncontroversial action and anticipates no adverse comments. If no

adverse comments are received in response to this rule, this Federal

Register notice will serve as the final notice of the approval to

delegate the implementation and enforcement of this program. The

effective date will be 60 days from the date of this publication and no

further activity will be contemplated in relation to this rule. If EPA

receives adverse comments, the direct final rule will be withdrawn and

all public comments received will be addressed in a subsequent final

rule based on the accompanying proposed rule which appears in the

Proposed Rule Section of this Federal Register. However, EPA will not

institute a second comment period on this action. Any parties

interested in commenting on this action should do so at this time.

Final Action

Through review of the documentation submitted to EPA and knowledge

of Utah's implementation activities for these standards, EPA has

determined that the State of Utah meets all of the statutory and

regulatory requirements established by Section 112 of the Clean Air

Act, as amended in 1990, and 40 CFR Part 63 for the implementation and

enforcement of the National Emission Standards for Coke Oven Batteries.

Therefore, pursuant to Section 112(l) of the Clean Air Act, as amended

in 1990, 42 U.S.C. 7412(l), and 40 CFR Part 63, EPA hereby delegates

its authority to the State of Utah for the implementation and

enforcement of the National Emission Standards for Coke Oven Batteries

for all sources located, or to be located in the State of Utah.

Please note that not all authorities for the NESHAP can be

delegated to the state. The EPA Administrator retains authority to

implement those portions of the national emission standards and their

general provisions that require approval of equivalency determinations

and alternative test methods, decision-making to ensure national

consistency, and EPA rulemaking to implement. Sections not delegable

include, but are not limited, to the authorities listed as not

delegable in 40 CFR part 63, subpart L, under Delegation of Authority.

As these National Emission Standards for Coke Oven Batteries are

updated, Utah should revise its rules and regulations accordingly and

in a timely manner.

EPA retains concurrent enforcement authority. If at any time there

is a conflict between the state and federal regulations, the federal

regulations must be applied if they are more stringent than the state

regulations.

Effective May 9, 1995 all notices, reports, and other

correspondence required under 40 CFR part 63, subpart L, should be sent

to the State of Utah rather than to EPA Region VIII, Denver, Colorado.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Intergovernmental relations.

Authority: 42 U.S.C. 7412.

Dated: February 23, 1995.

Kerrigan Clough,

Acting Regional Administrator, Region VIII.

[FR Doc. 95-5978 Filed 3-9-95; 8:45 am]

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