Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Proposed Rules 12521

regulations, Lead, Reporting and

recordkeeping, Ozone, Volatile organic

compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 22, 1995.

Jane N. Saginaw,

Regional Administrator (6A).

[FR Doc. 95–5345 Filed 3–6–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[AD–FRL–5166–4]

Clean Air Act Proposed Approval Of

Operating Permits Program; State of

Nebraska and the City of Omaha

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes full

approval of the Operating Permit

Programs submitted by the state of

Nebraska and city of Omaha for the

purpose of complying with Federal

requirements which mandate that states

develop, and submit to EPA, programs

for issuing operating permits to all

major stationary sources, and to certain

other sources.

DATES: Comments on this proposed

action must be received in writing by

April 6, 1995.

ADDRESSES Comments should be

addressed to Christopher D. Hess at the

address below. Copies of the submittal

and other supporting information used

in developing the proposed rule are

available for inspection during normal

business hours by contacting:

Christopher D. Hess, Environmental

Protection Agency, Air Branch; 726

Minnesota Avenue, Kansas City, Kansas

66101.

FOR FURTHER INFORMATION CONTACT:

Christopher D. Hess at (913) 551–7213.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

As required under Title V of the Clean

Air Act (‘‘the Act’’) as amended (1990),

EPA has promulgated rules which

define the minimum elements of an

approvable state operating permits

program and the corresponding

standards and procedures by which the

EPA will approve, oversee, and

withdraw approval of state operating

permits programs (see 57 FR 32250 (July

21, 1992)). These rules are codified at 40

Code of Federal Regulations (CFR) Part

70. Title V requires states to develop,

and submit to EPA, programs for issuing

these operating permits to all major

stationary sources and to certain other

sources.

The Act requires that states develop

and submit these programs to EPA by

November 15, 1993, and that EPA act to

approve or disapprove each program

within one year after receiving the

submittal. The EPA’s program review

occurs pursuant to section 502 of the

Act which outlines criteria for approval

or disapproval. Where a program

substantially, but not fully, meets the

requirements of Part 70, EPA may grant

the program interim approval for a

period of up to two years. If EPA has not

fully approved a program by two years

after the November 15, 1993, date, or by

the end of an interim program, it must

establish and implement a Federal

program.

II. Proposed Action and Implications

A. Analysis of Submission by State and

Local Authority

Introduction. What follows are brief

explanations indicating how the

submittals meet the requirements of Part

70. The reader may consult the

Technical Support Document (TSD) for

a more detailed explanation of these

topics.

1. Support Materials

(1) Governor’s Letter. The state of

Nebraska has requested approval of its

Title V program. Additionally, the state

designated its two local agencies to

administer independent Title V

programs and have requested approval

on their behalf. Thus, this action also

applies to the city of Omaha’s Title V

program. The Lincoln-Lancaster County

Health Department (LLCHD) is

addressed in a separate rulemaking

action. The entire geography of

Nebraska will be covered by either the

state or an approved local program. The

EPA will retain responsibility for the

Title V program on tribal lands in

Nebraska. These actions fulfill the

requirements of part 70.4(b).

(2) Regulations. The basic regulatory

framework for the operating permit

program is Title 129 Nebraska Air

Quality Regulations. The state’s

submittal includes a demonstration of

the public review and hearing process

involved with the adoption of Title 129.

The city of Omaha has adopted these

regulations by reference and provided

adequate demonstration of the required

legal authority and public review

process. Both programs also use the

Nebraska Environmental Protection Act

and Title 115 Rules of Practice and

Procedure.

The initial submittal contained an

inadequate definition of ‘‘applicable

requirements’’ that limited the ability to

include all requirements in the

operating permit. This is because the

initial definition stated that ‘‘applicable

requirements’’ were only those adopted

by the state’s Environmental Quality

Council. However, in response to EPA

comments, the state modified the

regulations in December 1994, so that

Nebraska can require that all

‘‘applicable requirements’’ of the Clean

Air Act will be addressed in the permit

process.

As a result, the submittal (as

modified) does not identify any

regulatory provisions which would

restrict operation of the program.

(3) Attorney General’s Legal Opinion.

The opinion contains the elements

required by 40 CFR 70.4(b)(3) and

demonstrates that there is adequate

authority to meet all Title V

requirements. The city of Omaha’s legal

opinion incorporates the state’s by

reference and also provides adequate

legal authority.

2. Implementation

(1) Program Description. A

comprehensive plan for implementing

the Title V program was included in

each submittal that meets the

requirements of 40 CFR 70.4(b)(1). Each

plan identifies appropriate program

authority, agency organization, and

staffing. A combination of

approximately 244 major sources have

been identified that will require a Title

V permit within both programs’

jurisdictions.

These programs have also identified

adequate procedures for the permit

application and review process,

including inspection and enforcement

provisions. The EPA has determined the

outlined processes are sufficient to

ensure effective implementation of the

program. An implementation agreement

was not included in either submittal,

but the EPA is encouraging its

development in anticipation of program

approval.

With respect to the operating permit

fee, the city of Omaha has selected the

presumptive minimum plus consumer

price index (CPI), currently $30.07. The

state has selected a fee above this

amount at $30.69. These fees will be

discussed further under the fee

demonstration section (II., 3.). Both

programs will maintain a Class II

program for minor, non-Title V sources.

(2) Program Implementation. Each

program is establishing a permit registry

to ensure issuing one-third of all

permits in the first year of the program.

This registry also includes a provision

to review permit applications within

nine months of receipt for those sources
12522 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Proposed Rules

of hazardous air pollutants participating

in the early reduction program under

section 112(i)(5) of the Act.

In terms of initial permit applications,

adequate procedures are outlined to

satisfy Part 70 requirements. The

application process includes affected

state and EPA review. Each program’s

procedures and guidance are designed

to ensure that a permit is issued within

18 months of application.

Both programs have established

criteria for monitoring source

compliance which include compliance

inspections, citizen complaint

responses, follow-up inspections, and

permit application review. Each Title V

source will be inspected at least once

per year. Surveillance through

monitoring will also be conducted to

ensure compliance.

(3) Personnel. Each submittal includes

a workload analysis estimating the

number of personnel needed for the

Title V program. Since both the state

and the city of Omaha have selected a

fee equal to or greater than the $25 plus

CPI as outlined in Part 70, EPA is

presuming that the requirements of

§ 70.9(b)(1) are met with respect to

personnel. Either agency could be

required to provide additional analysis

if comments are received that propose to

rebut the presumption of this Part 70

provision in accordance with

§ 70.9(5)(ii).

(4) Data Management. All permit

application information will be entered

into the state’s computer data base and

be submitted to the EPA. The proposed

permits will be made available for EPA

review. A permit decision schedule will

ensure that a permit is issued within 18

months of initial application.

Each program requires the retention of

permit information by the source for

five years. Additionally, each agency

has committed to maintain records for

five years in its respective program

descriptions.

(5) Applicability Provisions. These

programs provide for permitting of all

major sources, affected sources, sources

that opt to apply for a permit, and all

sources subject to sections 111 or 112

standards (new source performance

standards and standards for hazardous

air pollutants).

Both the state and the city of Omaha

exempt sources that are not major

sources, affected sources, or solid waste

incineration units required to obtain a

permit pursuant to section 129(e) of the

Act. This exemption is allowed by

§ 70.3(b)(1) until the Administrator

completes a rulemaking to determine

how the program should be structured

for nonmajor sources.

Since the city of Omaha has

incorporated the state’s rules by

reference, the above-mentioned items

apply to that local Title V program as

well.

(6) Permit Content. Nebraska’s

regulations require Title V permits to

include Part 70 terms and conditions for

all applicable requirements. These rules

also stipulate that the duration of the

permit will be specified in the permit.

Both programs also provide for the

inclusion of enhanced monitoring in

permits.

Title 129 requires the permit to

contain a condition prohibiting

emissions exceeding any allowances

that the source lawfully holds under

Title IV of the Act as required by

§ 70.6(a)(4). The regulations also meet

the requirements of § 70.6(a)(5),

§ 70.6(a)(6), § 70.6(a)(7), and § 70.6(a)(8).

Part 70 also requires terms and

conditions for reasonably anticipated

operating scenarios to be included in

the permit. Title 129 requires that the

terms and conditions of each alternative

scenario meet all the requirements of

Part 70. Section 70.6(a)(10) requires the

permit to contain terms and conditions,

if the permit applicant requests them,

for the trading of emissions increases

and decreases at the facility. Title 129

fulfills this requirement.

Part 70 also has requirements for the

terms and conditions in a Part 70 permit

at § 70.6(b), compliance requirements at

§ 70.6(c), and emergency provisions at

§ 70.6(g). Title 129 complies with these

requirements.

Both programs provide for general

permits. The director will identify

criteria by which sources may qualify

for the general permit as required by

§ 70.6(d)(1).

The permitting program can also have

provisions for permitting temporary

sources and for permit shields. Title 129

has both of these options and meets the

requirements of Part 70. Title 129 also

provides for operational flexibility and

closely follows EPA’s requirements.

The program does make provision to

exempt the listing of insignificant

activities in permit applications. The

state has submitted a list to EPA that

was adopted in December 1994. This list

will be used by the city of Omaha as

well.

(7) Permit Applications. Title 129

addresses permit application

requirements in Chapters 5 and 7.

Within these rules adequate procedures

are outlined for the following: duty to

apply, complete applications,

confidential information, correcting a

permit application, standard forms, and

compliance certification. A detailed

analysis of how the submittal meets

these Part 70 requirements is included

in the TSD.

(8) Permit Issuance. Title 129 satisfies

both the complete and timely

component of section 503 of the Act and

40 CFR 70.5(a). Sources are required to

submit permit applications within 12

months after becoming subject to the

permit program, or on or before some

earlier date established under the state

operating permit registry. Source permit

applications must conform to the

standard application forms developed

by each of the respective agencies.

These applications must contain

information sufficient to determine all

applicable requirements with respect to

the applicant. Both submittals

demonstrate that a source will receive a

completeness determination within 30

days.

Both programs also require that final

action be taken on complete

applications within 18 months of

submittal of a complete application,

except for initial permit applications

which are subject to the three-year

transition plan set forth by the Clean Air

Act Amendments of 1990. Title 129

requires compliance with public

participation procedures, notification to

affected states, compliance with all

applicable requirements, and allows for

a 45-day period for EPA objection.

The regulations provide for priority

on applications for construction or

modification under an EPA approved

preconstruction review program. The

operating permit regulations do not

affect the requirement that any source

have a preconstruction permit under an

EPA-approved preconstruction review.

The programs also provide that permits

being renewed are subject to the same

procedural requirements, including

those for public participation and

affected state and EPA review, that

apply to initial permit issuance. Title

129 provides for administrative

amendments which meet the

requirements of the Federal rule.

Permit modification processing

procedures are equivalent to Federal

requirements as they provide for the

same degree of permitting authority,

EPA, and affected state review and

public participation. The program

satisfies all of the Federal minor permit

modification procedures.

The programs provide for promptly

sending to EPA any notice that either

agency refuses to accept all

recommendations of an affected state

regarding a proposed minor permit

modification. In addition, the programs

provide that the permitting authority

may approve, but may not issue, a final

permit modification until after EPA’s

45-day review period or until the EPA
Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Proposed Rules 12523

has notified the permitting authority

that the EPA will not object to issuance,

whichever is first.

Title 129 provides for minor permit

modification group processing which

meets the Federal criteria. Specifically,

any application for group processing

must meet permit application

requirements similar to those outlined

in section 70.7(e)(3). The state’s rules

also provides for notifying the EPA and

affected states of the requested permit

modification within five working days

of receipt of an application

demonstrating that the aggregate of a

source’s pending applications equals or

exceeds the threshold level.

Significant modification procedures

are defined in a manner that parallels

Federal provisions. Each agency’s

program description provides for

completion of review of the majority of

significant permit modifications within

nine months after receipt of a complete

application.

a. Permit reopenings. A permit is to be

reopened and revised when additional

applicable requirements become

applicable to a major source with a

remaining permit term of three or more

years, and such a reopening is to be

completed within 18 months after

promulgation of the applicable

requirement. In addition, the

proceedings to reopen a permit will

follow the same procedures that apply

to initial issuance, will affect only those

parts of the permit for which cause to

reopen exists, and will ensure

reopenings are made as expeditiously as

practicable. The rule provides that at

least 30 days’ advance notice must be

given to the permittee for reopenings,

and that notice will be given of the

intent to reopen the permit.

b. Off-permit revisions. Both the state

and city of Omaha have elected to not

allow off-permit activities.

(9) Compliance Tracking and

Enforcement. The requirement for

proposed compliance tracking and

enforcement reporting has been met by

both programs. Omaha will provide

enforcement information to the state

monthly. The state will then enter

information for both agencies into the

Aerometric Information Retrieval

System. The proposed enforcement

program will consist of source

inspection, surveillance, response to

complaints, permit application review,

and enforcement responses. Proposed

enforcement responses include permit

modification, permit revocation,

stipulation, administrative orders,

injunctive relief, civil/criminal referral,

and referral to the EPA.

(10) Public Participation, EPA and

Affected States Review. Both programs

ensure that all permit applications are

available to the public. All requirements

are included to ensure that each

concerned citizen will be aware of

proposed and final permit actions. This

includes the commitment to keep a

record of proceedings that will allow

citizens to object to a permit up to 60

days after the EPA review period.

Title 129 contains rules that ensure

mutual review by affected states and the

EPA. Neither the state nor city of Omaha

will issue a permit when it is objected

to in accordance with § 70.8(c).

3. Fee Demonstration

The city of Omaha has elected to

collect the presumptive minimum plus

CPI in accordance with Part 70 to cover

direct and indirect costs of developing

and administering its program. The state

has selected a fee in the amount of

$30.69 which is above the presumptive.

Each program is also required to

demonstrate that fees collected under

Title V will be used exclusively for the

purpose of Title V. This is addressed by

the state in Nebraska statute 81.1505.01,

which states that any Title V fees

collected will be deposited into a

designated account with the State

Treasurer. Furthermore, in 81.105.04 the

State Legislature’s Appropriations

Committee will conduct an annual

review to ensure that all funds have

been accounted for appropriately.

Omaha has established a separate

accounting structure exclusively for

Title V.

Part 70 also requires permitting

authorities to submit periodic

accounting reports to EPA. Upon further

guidance by EPA, both agencies will be

requested to submit these reports.

Each submittal included an inventory

of sources and the amount of fees that

it expects to collect in the first year from

each source as part of their fee

demonstration. The state anticipates

approximately $1,765,530 and the city

of Omaha anticipates $419,957. Each

agency submitted year-to-year estimates

of resources by major activities which

adequately satisfies the four-year

projection.

4. Provisions Implementing the

Requirements of Other Titles of the Act

(1) Acid rain. The legal requirements

for an approval under the Title V

operating permits program for a Title IV

program were cited in guidance

distributed on May 21, 1993, entitled

‘‘Title V—Title IV Interface Guidance

for States.’’ Each program has met the

five major criteria of this guidance

which include legal authority,

regulatory authority, forms, regulatory

revisions, and a commitment to acid

rain deadlines. 40 CFR part 72 is

adopted by reference.

(2) Section 112. The specific Title V

program approval criteria with respect

to section 112 provisions are

enumerated in a memorandum from

John Seitz, Office of Air Quality

Planning and Standards, dated April 13,

1993. The state and city of Omaha have

met these criteria as described in the

following topics:

a. Section 112(d), (f), and (h).—EPA

Emissions Standards. Chapter 8 of Title

129 requires each permit to specify

emission limitations and standards,

including those operational

requirements and limitations that

ensure compliance with all

requirements applicable at the time of

permit issuance. If any applicable

requirements have been promulgated at

the Federal level, but not yet adopted by

the state or Council, the director has

specific regulatory authority to insert

these applicable requirements into a

permit on a case-by-case basis. Chapter

15 requires a permit to be reopened if

a source becomes subject to an

additional applicable requirement and

has a remaining permit term of three

years or more.

b. General Provisions. The Seitz

memorandum notes that the

implementation of all current National

Emission Standards for Hazardous Air

Pollutants standards and future

Maximum Achievable Control

Technology (MACT) standards includes

the implementation of any ‘‘general

provisions’’ that EPA develops for these

standards. Initial Title V approval must

ensure that states will carry out these

provisions as in effect at the time of any

permit issuance or revisions. The EPA

promulgated the general provisions in

40 CFR part 63, Subpart A on March 19,

1994 (59 FR 12407). The state and city

of Omaha intend to adopt all applicable

requirements. EPA thus considers that

both programs have met this

requirement.

c. Section 112 (g)—Case-by-Case

MACT For Modified/Constructed and

Reconstructed Major Toxic Sources.

Both programs propose to require best

available control technology for new

and modified sources of air toxics. In

the absence of any EPA guidance/

regulations defining case-by-case MACT

procedures and methods for

determining agency equivalency of

Federal requirements at the time of

agency program submittal, the

respective submissions are adequate for

the interim. Each agency intends to

adopt Federal air toxic regulations

expeditiously.

d. Section 112 (i)(5)—Early

Reductions. Both programs have
12524 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Proposed Rules

adequate provisions for implementation

of this program by adopting by reference

40 CFR part 63, Subpart D, early

reduction compliance extension rules,

promulgated in the Federal Register on

December 29, 1992. To date, no source

in either agency’s area has made a

commitment to participate in the early

reductions program. Title 129 provides

for incorporating alternative emission

limits into permits.

e. Section 112(j)—Case-by-case MACT

Hammer. Both agencies’ intend to make

case-by-case MACT determinations and

to issue permits to subject sources in

accordance with the 112(j)

requirements. Title 129, Chapter 7

requires newly subject sources to file a

permit application within 12 months of

first becoming operational or otherwise

subject to the title V program. This rule

further requires sources subject to

Chapter 28 (MACT) to submit a permit

application within 12 months of

becoming operational. The agencies

would make their case-by-case MACT

determination after receipt of the permit

application and prior to permit

issuance.

f. Section 112(l)—State Air Toxics

Programs. The EPA intends to delegate

authority for existing section 112

standards under the authority of section

112(l) concurrent with approval of the

title V program. Both the state and city

of Omaha have requested delegation of

future 112 standards/rules in

accordance with the adoption-byreference procedures in 40 CFR Part 63,

Subpart E, section 63.91. Since section

112(i) (the early reduction rule) has

already been adopted by reference in

Title 129, the EPA anticipates delegating

this rule concurrent with title V

approval.

g. Section 112(r)—Accidental Release

Plans. Title 129 provides for the section

112(r) requirements in Chapter 8. The

permit of a source subject to the

requirements of section 112(r) will

contain a requirement to register the

plan, verification of plan preparation

and submittal to the permitting agency,

the state Emergency Response

Commission, and any local emergency

planning committee; and will require an

annual certification in accordance with

Chapter 7, that the risk management

plan is being properly implemented.

The permit application requires a

schedule of compliance for sources that

are not in compliance with all

applicable requirements at the time of

permit issuance. Requirements for a

compliance schedule are listed in

Chapter 8.

B. Options for Approval/Disapproval

and Implications

The EPA is proposing full approval of

the operating permits program

submitted to EPA for the state of

Nebraska and city of Omaha on

November 15, 1993. Both of these

agencies have demonstrated that their

programs will be adequate to meet the

minimum elements of an operating

permits program as specified in 40 CFR

part 70.

Prior to the EPA taking final action on

these programs, the state is required to

officially submit the December 2, 1994

amendments to title 129 and the city of

Omaha must incorporate these

amendments by reference and submit

them to the EPA. As noted, the EPA has

reviewed these rule amendments and

considers them adequate for the title V

program.

Requirements for approval, specified

in 40 CFR 70.4(b), encompass section

112(l)(5) approval requirements for

delegation of section 112 standards as

promulgated by EPA as they apply to

part 70 sources. Section 112(l)(5)

requires that the state and local program

contain adequate authorities, adequate

resources for implementation, and an

expeditious compliance schedule,

which are also requirements under part

70. Therefore, the EPA is also proposing

to grant approval under section 112(l)(5)

and 40 CFR 63.91 of each program for

receiving delegation of section 112

standards that are unchanged from

Federal standards as promulgated, and

to delegate existing standards under 40

CFR parts 61 and 63 for Part 70 sources.

Both agencies have informed EPA that

they intend to accept delegation of

section 112 standards through the

adoption by reference mechanism. This

program for delegations applies to both

existing and future standards for part 70

sources.

Additionally, both agencies have

requested delegation of current and

future section 112 standards under

section 112(l)(5) and 40 CFR 63.91 for

sources not subject to Part 70

requirements. Both have demonstrated

broad legal authority which covers all

section 112 sources, and both have

demonstrated they have adequate

resources to implement current section

112 standards. With respect to future

section 112 requirements, both have

committed to provide EPA with future

demonstrations of resource adequacy as

necessary when new requirements are

promulgated and the resource burdens

associated with those requirements

become known. Both have demonstrated

that they will expeditiously implement

section 112 requirements for these

sources pursuant to a schedule after

EPA promulgation, and that they have

sufficient enforcement authority to

adequately enforce section 112

requirements for all sources.

Therefore, for sources not subject to

part 70 requirements, EPA is proposing

to grant approval under section 112(l)(5)

and 40 CFR 63.91 the state and Omaha’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.

III. Administrative Requirements

A. Request for Public Comments

The EPA is requesting comments on

all aspects of this proposed rule. Copies

of either submittal and other

information relied upon for the

proposed interim approval are

contained in a docket maintained at the

EPA Regional Office. The docket is an

organized and complete file of all the

information submitted to, or otherwise

considered by, EPA in the development

of this proposed rulemaking. The

principal purposes of the docket are:

1. To allow interested parties a means

to identify and locate documents for

participating in the rulemaking process,

and

2. To serve as the record in case of

judicial review. The EPA will consider

any comments received by April 6,

1995.

B. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this action from

Executive Order 12866 review.

C. Paperwork Reduction Act

Under the Paperwork Reduction Act

(44 U.S.C. 3501 et seq.), Federal

agencies must obtain the OMB clearance

for collection of information from 10 or

more non-Federal respondents.

D. Regulatory Flexibility Act

The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address

operating permits programs submitted

to satisfy the requirements of 40 CFR

part 70. 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 70

Air pollution control,

Intergovernmental relations, Operating

permits, and Reporting and

recordkeeping requirements.

Authority: 42 U.S.C. 7401–7671q.
Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Proposed Rules 12525

Dated: February 13, 1995.

Dennis Grams,

Regional Administrator.

[FR Doc. 95–5517 Filed 3–6–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 261, 271 and 302

[SWH–FRL–5167–3]

RIN 2050–AD80

Extension of Comment Period for the

Proposed Identification and Listing of

Hazardous Waste/Dye and Pigment

Industries

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule; extension of

comment period.

SUMMARY: The U.S. Environmental

Protection Agency (EPA or Agency) is

extending the comment period for the

proposed listing determination on a

number of wastes generated during the

production of dyes and pigments, which

appeared in the Federal Register on

December 22, 1994 (see 59 FR 66072–

114). The public comment period for

this proposed rule was to end on March

22, 1995. The purpose of this notice is

to extend the comment period an

additional 120 days beyond that, to end

on July 19, 1995. This extension of the

comment period is provided to allow

commenters an opportunity to comment

further on the proposal.

DATES: EPA will accept public

comments on this proposed listing

determination until July 19, 1995.

Comments postmarked listing

determination until July 19, 1995.

Comments postmarked after the close of

the comment period will be stamped

‘‘late.’’

ADDRESSES: The public must send an

original and two copies of their

comments to EPA RCRA Docket Number

F–94–DPLP–FFFFF, Room 2616, U.S.

EPA, 401 M Street SW., Washington,

DC. The docket is open from 9 am to 4

pm, Monday through Friday, excluding

Federal holidays. The public must make

an appointment to review docket

materials by calling (202) 260–9327. The

public may copy material from any

regulatory docket at no cost for the first

100 pages, and at $0.15 per page for

additional copies.

FOR FURTHER INFORMATION CONTACT: For

technical information concerning this

notice, please contact Wanda Levine,

Office of Solid Waste (5304), U.S.

Environmental Protection Agency, 401

M Street SW., Washington, DC 20460,

(202) 260–7458.

SUPPLEMENTARY INFORMATION: This

proposed rule was issued under Section

3001(b) of RCRA. EPA proposed to list

certain wastes generated during the

production of dyes and pigments

because these wastes may pose a

substantial present or potential risk to

human health or the environment when

improperly managed. See 59 FR 66072–

114 (December 22, 1994) for a more

detailed explanation of the proposed

rule.

These proposed hazardous waste

listings were based in part upon data

claimed as confidential by certain dye

and pigment manufacturers. Although

EPA intends to publish these data or

information derived from these data

claimed as confidential (to the extent

relevant to the proposed listing), the

Agency is unable to do so at the present

time. EPA is pursuing avenues to allow

publication of the information, and

intends to supplement the public record

prior to issuance of a final listing. EPA

is extending the comment period to

provide sufficient time for the public to

comment if and when additional data

are published.

Dated: February 27, 1995.

Elizabeth A. Cotsworth,

Acting Director, Office of Solid Waste.

[FR Doc. 95–5525 Filed 3–6–95; 8:45 am]

BILLING CODE 6560–50–M

40 CFR Parts 261, 271, and 302

[SWH–FRL–5167–2]

RIN 2050–AD80

Postponement of Public Hearing on

the Proposed Identification and Listing

of Hazardous Waste/Dye and Pigment

Industries

AGENCY: Environmental Protection

Agency.

ACTION: Notice of postponement of

public hearing.

SUMMARY: On December 22, 1994 (see 59

FR 66072–114), the U.S. Environmental

Protection Agency (EPA or Agency)

proposed to list as hazardous five

wastes generated during the production

of dyes and pigments, proposed not to

list six other wastes from these

industries, and proposed to defer action

on three wastes due to insufficient

information. At the request of the

parties originally seeking a public

hearing concerning this proposal, the

Agency is announcing the

postponement of the public hearing,

previously scheduled to be held on

March 15, 1995, in Washington, DC.

DATES: The public hearing has not been

rescheduled.

ADDRESSES: The RCRA regulatory

docket that contains the record for this

proposed listing determination on

wastes from the production of dyes and

pigments is located at Room 2616, U.S.

EPA, 401 M Street SW., Washington,

DC. the docket is open from 9 am to 4

pm, Monday through Friday, excluding

Federal holidays. The public must make

an appointment to review docket

materials by calling (202) 260–9327.

FOR FURTHER INFORMATION CONTACT: For

technical information concerning this

notice, please contact Wanda Levine,

Office of Solid Waste (5304), U.S.

Environmental Protection Agency, 401

M Street SW., Washington, DC 20460,

(202) 260–7458.

SUPPLEMENTARY INFORMATION: Since

publication of this proposed rule, the

Agency had received requests for a

public hearing from the trade

association representing the pigments

industry, the Color Pigments

Manufacturers Association (CPMA); and

the trade association representing the

dyes industry, the Ecological and

Toxicological Association of Dyes and

Organic Pigments Manufacturers

(ETAD). After the announcement of the

public hearing in the Wednesday,

February 8, 1995 Federal Register (see

60 FR 7513–4), both associations

requested that it be postponed pending

resolution of several outstanding issues.

In response to these requests, EPA has

decided to postpone the public hearing.

EPA may reschedule the public hearing

in the future, and will provide further

notice at that time.

Dated: March 1, 1995.

Michael H. Shapiro, Director,

Office of Solid Waste.

[FR Doc. 95–5515 Filed 3–6–95; 8:45 am]

BILLING CODE 6560–50–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Public Health Service

42 CFR Part 65a

RIN 0905–AD46

National Institute of Environmental

Health Sciences Hazardous

Substances Basic Research and

Training Grants

AGENCY: National Institutes of Health,

Public Health Service, Department of

Health and Human Services.

ACTION: Notice of proposed rulemaking.

SUMMARY: The National Institutes of

Health (NIH) proposes to issue new

regulations to govern grants for research