[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Page 22115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09201]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 61 and 63
[EPA-R06-OAR-2008-0063; FRL-9926-50-Region 6]
National Emission Standards for Hazardous Air Pollutants;
Delegation of Authority to Oklahoma
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.
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SUMMARY: On February 24, 2015, the Environmental Protection Agency
(EPA) published a direct final rule approving the updated delegation of
EPA authority for implementation and enforcement of National Emission
Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both
part 70 and non-part 70 sources) to the Oklahoma Department of
Environmental Quality (ODEQ). The direct final rule was published
without prior proposal because EPA anticipated no adverse comments. EPA
stated in the direct final rule that if EPA received relevant, adverse
comments by March 26, 2015, EPA would publish a timely withdrawal in
the Federal Register. EPA received a relevant, adverse comment on March
25, 2015, and accordingly is withdrawing the direct final rule, and in
a separate subsequent final rulemaking will address the comment
received.
DATES: Effective April 21, 2015, the direct final rule published at 80
FR 9622 on February 24, 2015, is withdrawn.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6PD-R), Air Permits
Section, telephone (214) 665-7227, fax (214) 665-6762, email:
[email protected].
SUPPLEMENTARY INFORMATION: On February 24, 2015, EPA published a direct
final rule approving the updated delegation of EPA authority for
implementation and enforcement of NESHAPs for all sources (both part 70
and non-part 70 sources) to the ODEQ. The direct final rule was
published without prior proposal because EPA anticipated no adverse
comments. EPA stated in the direct final rule that if relevant, adverse
comments were received by March 26, 2015, EPA would publish a timely
withdrawal in the Federal Register. EPA received a comment on March 25,
2015, from the ODEQ stating in relevant part, that EPA reconsider the
limitation on ODEQ's authority over NESHAPs and remove the language in
the final rule requiring ODEQ to make a demonstration of jurisdiction
over non-reservation Indian country. ODEQ cited various wording from
two court cases where both generally stated that a state has regulatory
jurisdiction under the CAA over all the land within its territory and
outside the boundaries of an Indian reservation, and that regulatory
jurisdiction under the CAA must lie initially with either a tribe or a
state. EPA considers this a relevant, adverse comment and accordingly
is withdrawing the direct final rule. In a separate subsequent final
rulemaking EPA will address the comment received. The withdrawal is
being taken pursuant to section 112 of the CAA.
List of Subjects
40 CFR Part 61
Environmental protection, Administrative practice and procedure,
Air pollution control, Arsenic, Benzene, Beryllium, Hazardous
substances, Mercury, Intergovernmental relations, Reporting and
recordkeeping requirements, Vinyl chloride.
40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: April 9, 2015.
Wren Stenger,
Director, Multimedia Planning and Permitting Division, Region 6.
PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
Accordingly, the amendments to 40 CFR 61.04 and 40 CFR 63.99
published in the Federal Register on February 24, 2015 (80 FR 9622) on
pages 9625 and 9626 are withdrawn effective April 21, 2015.
[FR Doc. 2015-09201 Filed 4-20-15; 8:45 am]
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