Request for Approval of Section 112(l) Authority for the Lincoln- Lancaster County Health Department (LLCHD) Air Program; State of Nebraska

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5181-7]

Request for Approval of Section 112(l) Authority for the Lincoln-

Lancaster County Health Department (LLCHD) Air Program; State of

Nebraska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes to grant approval under section 112(l)(5) and

40 CFR 63.91 of the LLCHD'S program for receiving delegation of future

section 112 standards that are unchanged from Federal standards as

promulgated, and to delegate existing standards under 40 CFR parts 61

and 63 for non-Part 70 sources. When approved, state rules and

applicable part 70 operating permit conditions would substitute for the

applicable Federal requirements within a state or local jurisdiction.

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

May 3, 1995.

ADDRESSES: Comments should be addressed to Wayne Kaiser at the address

indicated. Copies of the Lincoln-Lancaster submittal and other

supporting information used in developing the proposed rule are

available for inspection during normal business hours at the US EPA,

Region VII, Air Branch, 726 Minnesota Avenue, Kansas City, Kansas

66101.

FOR FURTHER INFORMATION CONTACT: Wayne A. Kaiser at (913) 551-7603.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

Section 112(l) of the 1990 Clean Air Act (CAA) enables the EPA to

approve state (and local agency) air toxics programs to operate in

place of the Federal air toxic program. Approval is granted by the EPA

if the Agency finds that the state program or rule meets the criteria

described in 40 CFR 63.91 (58 FR 62262). The LLCHD requested such

approval for its part 70 sources in its part 70 program submittal. EPA

published a notice proposing to approve the LLCHD's part 70 program and

112(l) authority for part 70 sources on January 31, 1995 (60 FR 5883).

On February 2, 1995, LLCHD submitted a letter to EPA requesting

approval of its program under section 112(l)(5) and 40 CFR 63.91 for

receiving delegation of future section 112 standards that are unchanged

from Federal standards as promulgated, and requested delegation of

existing standards under 40 CFR parts 61 and 63 for non-part 70

sources. The letter included information which addresses the approval

criteria in 40 CFR 63.91. This includes adequate legal authority and

resources, an expeditious implementation and compliance schedule, and

adequate enforcement authorities.

II. Analysis of Submission

LLCHD demonstrated it has adequate legal and enforcement authority

by referring to the County Attorney's opinion and its rules and

regulations submitted with its Part 70 program submittal. This

authority and the rules apply to all regulated sources. The LLCHD

commits to expeditiously adopting and implementing all future section

112 requirements, whether for part 70 or non-Part 70 sources, after

they are promulgated by EPA. The delegation mechanism which the LLCHD

intends to use for future section 112 standards and programs is the

adoption by reference mechanism.

The LLCHD has already adopted the dry cleaner maximum achievable

control technology, subpart M, which applies primarily to non-Part 70

sources, and has adequate resources to [[Page 16830]] implement it. It

commits to providing EPA with future demonstrations of resource

adequacy as necessary as new requirements become known.

The LLCHD submitted a schedule for implementing section 112

requirements in its part 70 program submittal. This schedule will apply

to both part 70 and non-Part 70 sources, since adoption by reference of

the standard will apply simultaneously to both types of sources.

Finally, the LLCHD has demonstrated that it has the legal authority

to take civil and enforcement actions against any section 112 source

for all CAA requirements, including the section 112 requirements.

The reader may consult the Technical Support Document, available

from the contact above, for a more detailed explanation of these

topics.

III. Proposed Action

EPA is proposing to grant approval under section 112(l)(5) and 40

CFR 63.91 of the LLCHD's program for receiving delegation of future

section 112 standards that are unchanged from Federal standards as

promulgated for both Part 70 and non-Part 70 sources. In addition, EPA

proposes to delegate existing standards under 40 CFR parts 61 and 63

for non-Part 70 sources.

IV. Administrative Requirements

A. Request for Public Comments

The EPA is requesting comments on all aspects of this proposed

notice. Copies of LLCHD's submittal and other information relied upon

for this proposal are contained in a docket maintained at the EPA

Regional Office. The docket is an organized and complete file of all

information submitted to, or otherwise considered by, EPA in the

development of this proposal. The principle purposes of the docket are:

1. To allow interested parties a means to identify and locate

documents so they can effectively participate in the approval process;

and

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

consider any comments received by May 3, 1995.

B. Executive Order 12866

The Office of Management and Budget has exempted this action from

Executive Order 12866 review.

C. Regulatory Flexibility Act

Because this action does not impose any new requirements, it does

not have a significant impact on a substantial number of small

entities.

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations,, Operating permits,

Reporting and recordkeeping requirements.

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

Dated: March 13, 1995.

William Rice,

Acting Regional Administrator.

[FR Doc. 95-8083 Filed 3-31-95; 8:45 am]

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