80 FR 22115 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Oklahoma

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 76 (April 21, 2015)

Page Range		22115-22115
FR Document		2015-09201

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.

Federal Register, Volume 80 Issue 76 (Tuesday, April 21, 2015)

[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Page 22115]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22115

PENNSYLVANIA—2006 24-HOUR PM2.5 NAAQS
[Primary and secondary]

Designation a Classification
Designated area
Date 1 Type Date 2 Type

* * * * * * *

Philadelphia-Wilmington, PA-NJ-DE:
Bucks County .......................................... April 21, 2015 ................... Attainment.
Chester County ....................................... April 21, 2015 ................... Attainment.
Delaware County .................................... April 21, 2015 ................... Attainment.
Montgomery County ............................... April 21, 2015 ................... Attainment.
Philadelphia County ................................ April 21, 2015 ................... Attainment.

* * * * * * *
a Includes Indian County located in each county or area, except as otherwise specified.
1 This date is 30 days after November 13, 2009, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.

[FR Doc. 2015–09005 Filed 4–20–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. List of Subjects
BILLING CODE 6560–50–P Rick Barrett (6PD–R), Air Permits
40 CFR Part 61
Section, telephone (214) 665–7227, fax
(214) 665–6762, email: barrett.richard@ Environmental protection,
ENVIRONMENTAL PROTECTION epa.gov. Administrative practice and procedure,
AGENCY
SUPPLEMENTARY INFORMATION: On Air pollution control, Arsenic, Benzene,
40 CFR Parts 61 and 63 February 24, 2015, EPA published a Beryllium, Hazardous substances,
direct final rule approving the updated Mercury, Intergovernmental relations,
[EPA–R06–OAR–2008–0063; FRL–9926–50– Reporting and recordkeeping
Region 6]
delegation of EPA authority for
implementation and enforcement of requirements, Vinyl chloride.
National Emission Standards for NESHAPs for all sources (both part 70 40 CFR Part 63
Hazardous Air Pollutants; Delegation and non-part 70 sources) to the ODEQ.
of Authority to Oklahoma The direct final rule was published Environmental protection,
without prior proposal because EPA Administrative practice and procedure,
AGENCY: Environmental Protection anticipated no adverse comments. EPA Air pollution control, Hazardous
Agency (EPA). stated in the direct final rule that if substances, Intergovernmental relations,
ACTION: Withdrawal of direct final rule. relevant, adverse comments were Reporting and recordkeeping
SUMMARY: On February 24, 2015, the received by March 26, 2015, EPA would requirements.
Environmental Protection Agency (EPA) publish a timely withdrawal in the
Dated: April 9, 2015.
published a direct final rule approving Federal Register. EPA received a
Wren Stenger,
the updated delegation of EPA authority comment on March 25, 2015, from the
ODEQ stating in relevant part, that EPA Director, Multimedia Planning and Permitting
for implementation and enforcement of Division, Region 6.
National Emission Standards for reconsider the limitation on ODEQ’s
Hazardous Air Pollutants (NESHAPs) authority over NESHAPs and remove
PART 61—NATIONAL EMISSION
for all sources (both part 70 and non- the language in the final rule requiring
STANDARDS FOR HAZARDOUS AIR
part 70 sources) to the Oklahoma ODEQ to make a demonstration of
POLLUTANTS
Department of Environmental Quality jurisdiction over non-reservation Indian
(ODEQ). The direct final rule was country. ODEQ cited various wording
PART 63—NATIONAL EMISSION
published without prior proposal from two court cases where both
STANDARDS FOR HAZARDOUS AIR
because EPA anticipated no adverse generally stated that a state has
POLLUTANTS FOR SOURCE
comments. EPA stated in the direct final regulatory jurisdiction under the CAA
over all the land within its territory and CATEGORIES
rule that if EPA received relevant,
adverse comments by March 26, 2015, outside the boundaries of an Indian
Accordingly, the amendments to 40
EPA would publish a timely withdrawal reservation, and that regulatory
CFR 61.04 and 40 CFR 63.99 published
in the Federal Register. EPA received a jurisdiction under the CAA must lie
relevant, adverse comment on March 25, in the Federal Register on February 24,
initially with either a tribe or a state.
2015, and accordingly is withdrawing 2015 (80 FR 9622) on pages 9625 and
EPA considers this a relevant, adverse
9626 are withdrawn effective April 21,
tkelley on DSK3SPTVN1PROD with RULES

the direct final rule, and in a separate comment and accordingly is
subsequent final rulemaking will withdrawing the direct final rule. In a 2015.
address the comment received. separate subsequent final rulemaking [FR Doc. 2015–09201 Filed 4–20–15; 8:45 am]
DATES: Effective April 21, 2015, the EPA will address the comment received. BILLING CODE 6560–50–P
direct final rule published at 80 FR 9622 The withdrawal is being taken pursuant
on February 24, 2015, is withdrawn. to section 112 of the CAA.

VerDate Sep<11>2014 17:46 Apr 20, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\21APR1.SGM 21APR1

Document Created: 2015-12-16 08:34:05
Document Modified: 2015-12-16 08:34:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Withdrawal of direct final rule.
Dates		Effective April 21, 2015, the direct final rule published at 80 FR 9622 on February 24, 2015, is withdrawn.
Contact		Mr. Rick Barrett (6PD-R), Air Permits Section, telephone (214) 665-7227, fax (214) 665-6762, email: [email protected]
FR Citation		80 FR 22115
CFR Citation		40 CFR 61 40 CFR 63
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Arsenic; Benzene; Beryllium; Hazardous Substances; Mercury; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Vinyl Chloride