Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Proposed Rules 16829

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds

(Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2)).

The Office of Management and Budget

has exempted these actions from review

under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons, Lead,

Nitrogen dioxide, Ozone, Particulate

matter, Volatile organic compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: March 9, 1995.

Dennis Grams,

Regional Administrator.

[FR Doc. 95–8082 Filed 3–31–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[TX–10–1–5223b; FRL–5171–2]

Approval and Promulgation of Air

Quality Implementation Plans; Texas;

Revision to the State Implementation

Plan (SIP) Addressing Visible

Emissions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

a revision to the Texas SIP addressing

visible emissions. The purpose of

proposing to approve this revision is to

enable the visible emissions provisions

of Texas Regulation I to become

federally enforceable. In the final rules

section of this Federal Register, the EPA

is approving the State’s SIP revision as

a direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision amendment

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 proposed rule, no

further activity is contemplated in

relation to this rule. 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will be withdrawn, and all public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 on

this action. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this proposed rule

must be received in writing by May 3,

1995.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Planning

Section, at the EPA Regional Office

listed below. Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following

locations. The interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day.

U.S. Environmental Protection Agency,

Region 6, Air Programs Branch (6TA), 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202–2733.

Texas Natural Resource Conservation

Commission, P.O. Box 13087, Austin,

Texas 78711–3087.

FOR FURTHER INFORMATION CONTACT: Mr.

Mark Sather or Mr. Bill Deese, Planning

Section (6T-AP), Air Programs Branch,

USEPA Region 6, 1445 Ross Avenue,

Dallas, Texas 75202–2733, telephone

(214) 665–7214.

SUPPLEMENTARY INFORMATION: See the

information provided in the direct final

action of the same title which is located

in the final rules section of this Federal

Register.

Dated: March 3, 1995.

Jane N. Saginaw,

Regional Administrator.

[FR Doc. 95–8041 Filed 3–31–95; 8:45 am]

BILLING CODE 6560–50–P

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.

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