[Federal Register: June 10, 2002 (Volume 67, Number 111)]
[Proposed Rules]               
[Page 39661]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn02-21]                         


[[Page 39661]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[FRL-7223-4]

 
Approval of the Clean Air Act, Section 112(l), Delegation of 
Authority to the Oregon Department of Environmental Quality and Lane 
Regional Air Pollution Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency, Region 10 (EPA) is 
proposing to approve the Oregon Department of Environmental Quality's 
(ODEQ) request, on behalf of itself and the Lane Regional Air Pollution 
Control Authority (LRAPA), program approval and delegation of authority 
to implement and enforce certain National Emission Standards for 
Hazardous Air Pollutants (NESHAPs).
    Pursuant to the authority of section 112(l) of the Act, this 
proposed approval is based on EPA's finding that state law, 
regulations, and agency resources meet the requirements for program 
approval and delegation of authority specified in regulations 
pertaining to the criteria for delegation common to all approval 
options, and in applicable EPA guidance (see 40 CFR 60.91).
    This delegation would acknowledge ODEQ and LRAPA's ability to 
implement a NESHAP program and to transfer primary implementation and 
enforcement responsibility from EPA to ODEQ and LRAPA. Although EPA 
would look to ODEQ and LRAPA as the leads for implementing the 
delegated NESHAPs in their respective jurisdictions, EPA retains 
authority under section 113 of the Act to enforce any applicable 
emission standard or requirement, if needed.
    In the Final Rules section of this Federal Register, the EPA is 
publishing its approval as a direct final rule without prior proposal 
because the Agency views this as a non-controversial determination and 
anticipates no adverse comments. A detailed rationale for the approval 
is set forth in the direct final rule. If no adverse comments are 
received in response to this action, no further activity is 
contemplated.
    If the 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withdrawn and all public comments received will be addressed in a 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 this proposed rule. The EPA will not 
institute a second comment period. Any parties interested in commenting 
on this action should do so at this time.

DATES: Written comments must be received on or before July 10, 2002.

ADDRESSES: Written comments should be submitted to Jeff KenKnight, 
Manager, Federal and Delegated Air Programs Unit, Office of Air Quality 
(OAQ-107), U.S. Environmental Protection Agency, Region 10, 1200 Sixth 
Avenue, Seattle, Washington 98101, (206) 553-6641.
    Copies of delegation requests and other supporting documentation 
are available for public inspection during normal business hours at the 
U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, 
Seattle, Washington 98101. Interested persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Jeff KenKnight, Manager, Federal and 
Delegated Air Programs Unit, Office of Air Quality (OAQ-107), U.S. 
Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Seattle, 
Washington 98101, (206) 553-6641.

SUPPLEMENTARY INFORMATION: For additional information, see the Direct 
Final rule which is located in the Rules section of this Federal 
Register.

    Dated: May 24, 2002.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
[FR Doc. 02-13975 Filed 6-7-02; 8:45 am]

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