

[Federal Register: December 13, 2005 (Volume 70, Number 238)]
[Rules and Regulations]               
[Page 73595-73604]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de05-13]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[R06-OAR-2005-OK-0003; FRL-8006-7]

 
National Emission Standards for Hazardous Air Pollutants; 
Delegation of Authority to Oklahoma Department of Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; delegation of authority.

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SUMMARY: The Oklahoma Department of Environmental Quality (ODEQ) has 
submitted updated regulations for receiving delegation of EPA authority 
for implementation and enforcement of National Emission Standards for 
Hazardous Air Pollutants (NESHAPs) for all sources. These regulations 
apply to certain NESHAPs promulgated by

[[Page 73596]]

EPA, as amended through September 1, 2004. The delegation of authority 
under this notice applies only to sources located in Oklahoma, and does 
not extend to sources located in Indian country. EPA is providing 
notice that it is taking direct final action to approve the delegation 
of certain NESHAPs to ODEQ.

DATES: This rule is effective on February 13, 2006 without further 
notice, unless EPA receives relevant adverse comment by January 12, 
2006. If EPA receives such comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Regional Materials in 
EDocket (RME) ID No. R06-OAR-2005-OK-0003, by one of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Agency Web site: http://docket.epa.gov/rmepub/, Regional 

Materials in EDocket (RME), EPA's electronic public docket and comment 
system, is EPA's preferred method for receiving comments. Once in the 
system, select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
     U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm.
 Please click on ``6PD'' (Multimedia) and select 

``Air'' before submitting comments.
     E-mail: Jeff Robinson at robinson.jeffrey@epa.gov.
     Fax: Mr. Jeff Robinson, Air Permits Section (6PD-R), at 
fax number 214-665-7263.
     Mail: Mr. Jeff Robinson, Air Permits Section (6PD-R), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
     Hand or Courier Delivery: Mr. Jeff Robinson, Air Permits 
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only 
between the hours of 8 a.m. and 4 p.m. weekdays except for legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Regional Materials in EDocket 
(RME) ID No. R06-OAR-2005-OK-0003. EPA's policy is that all comments 
received will be included in the public file without change, change and 
may be made available online at http://docket.epa.gov/rmepub/, 

including any personal information provided, unless the comment 
includes information claimed to be Confidential Business Information 
(CBI) or other information the disclosure of which is restricted by 
statute. Do not submit information through Regional Material in EDocket 
(RME), regulations.gov, or e-mail if you believe that it is CBI or 
otherwise protected from disclosure. The EPA RME Web site and the 
Federal regulations.gov are ``anonymous access'' systems, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through RME or regulations.gov, your e-
mail address will be automatically captured and included as part of the 
comment that is placed in the public file and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
Regional Materials in EDocket (RME) index at http://docket.epa.gov/rmepub/.
 Although listed in the index, some information is not publicly 

available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in RME or in the official file which is 
available at the Air Permitting Section (6PD-R), Environmental 
Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733. The file will be made available by appointment for public 
inspection in the Region 6 FOIA Review Room between the hours of 8:30 
a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the 
person listed in the FOR FURTHER INFORMATION CONTACT paragraph below to 
make an appointment. If possible, please make the appointment at least 
two working days in advance of your visit. There will be a 15 cent per 
page fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The delegation request is also available for public inspection at 
the State Air Agency listed below during official business hours by 
appointment:
    Oklahoma Department of Environmental Quality, Air Quality Division, 
707 North Robinson, Oklahoma City, Oklahoma 73101.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Robinson, U.S. EPA, Region 6, 
Multimedia Planning and Permitting Division (6PD), 1445 Ross Avenue, 
Dallas, TX 75202-2733, telephone (214) 665-6435; fax number 214-665-
7263; or electronic mail at robinson.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. General Information
II. What Does This Action Do?
III. What Is the Authority for Delegation?
IV. What Criteria Must ODEQ Program Meet To Be Approved?
V. How Did ODEQ Meet the Subpart E Approval Criteria?
VI. What Is Being Delegated?
VII. What Is Not Being Delegated?
VIII. How Will Applicability Determinations Under Section 112 Be 
Made?
IX. What Authority Does EPA Have?
X. What Information Must ODEQ Provide to EPA?
XI. What Is EPA's Oversight of This Delegation to ODEQ?
XII. Should Sources Submit Notices to EPA Or ODEQ?
XIII. How Will Unchanged Authorities Be Delegated to ODEQ in the 
Future?
XIV. Final Action
XV. Statutory and Executive Order Reviews

I. General Information

A. Tips for Preparing Your Comments

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.

[[Page 73597]]

    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

B. Submitting Confidential Business Information (CBI)

    Do not submit this information to EPA through regulations.gov or e-
mail. Clearly mark the part or all of the information that you claim to 
be CBI. For CBI information in a disk or CD ROM that you mail to EPA, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.

II. What Does This Notice Do?

    EPA is taking direct final action to approve the delegation of 
certain NESHAPs to ODEQ. With this delegation, ODEQ has the primary 
responsibility to implement and enforce the delegated standards. See 
Section VI, below, for a complete discussion of which standards are 
being delegated and which are not being delegated.

III. What Is the Authority for Delegation?

    Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorizes 
EPA to delegate authority to any state or local agency which submits 
adequate regulatory procedures for implementation and enforcement of 
emission standards for hazardous air pollutants. The hazardous air 
pollutant standards are codified at 40 CFR parts 61 and 63.

IV. What Criteria Must ODEQ's Program Meet To Be Approved?

    EPA previously approved ODEQ's program for the delegation of 
NESHAPS in 40 CFR part 61. 47 FR 17285 (April 22, 1982). EPA also 
previously approved ODEQ's program for the delegation of certain NESHAP 
standards in 40 CFR part 63. 66 FR 1584 (January 9, 2001). Section 
112(l) of the CAA enables EPA to approve State air toxics programs or 
rules to operate in place of the Federal air toxics program or rules. 
40 CFR part 63, subpart E (subpart E) governs EPA's approval of State 
rules or programs under Section 112(l).
    EPA will approve an air toxics program if we find that:
    (1) the State program is ``no less stringent'' than the 
corresponding Federal program or rule;
    (2) the State has adequate authority and resources to implement the 
program;
    (3) the schedule for implementation and compliance is sufficiently 
expeditious; and
    (4) the program otherwise complies with Federal guidance.
    In order to obtain approval of its program to implement and enforce 
Federal section 112 rules as promulgated without changes (straight 
delegation), only the criteria of 40 CFR 63.91(d) must be met. 40 CFR 
63.91(d)(3) provides that interim or final Title V program approval 
will satisfy the criteria of 40 CFR 63.91(d) for part 70 sources.

V. How Did ODEQ Meet the Subpart E Approval Criteria?

    As part of its Title V submission, ODEQ stated that it intended to 
use the mechanism of incorporation by reference to adopt unchanged 
Federal section 112 into its regulations. This applied to both existing 
and future standards as they applied to part 70 sources. 60 FR 13088-
13095 (March 10, 1995), EPA approved ODEQ's program for receiving 
delegation of existing and future standards when it granted final 
interim approval to ODEQ's Title V program. 61 FR 4220-4224 (February 
5, 1996). EPA granted final approval of Oklahoma's operating Title V 
operating permits program on November 30, 2001. 66 FR 63170-63175 
(December 5, 2001). Under 40 CFR 63.91(d)(2), once a state or local air 
pollution agency has satisfied up-front approval criteria, it needs 
only to reference the previous demonstration and reaffirm that it still 
meets the criteria for any subsequent submittals. ODEQ has final Title 
V program approval and has affirmed that it still meets the up-front 
approval criteria.

VI. What Is Being Delegated?

    EPA received a request to update the NESHAP delegations on June 15, 
2005. ODEQ requested the EPA to update the delegation of authority for 
the following:
    A. NESHAPs (40 CFR Part 61 standards) through September 1, 2004; 
and
    B. NESHAPs (40 CFR Part 63 standards) through September 1, 2004.
    ODEQ's request was for delegation of certain NESHAPs for all 
sources (both part 70 and non-part 70 sources). The request includes 
revisions of OAC 252:100-41-15, as adopted by the Oklahoma Department 
of Environmental Quality. For the Part 61 NESHAPs, this revision 
included all NESHAPs promulgated by EPA as amended in the Federal 
Register through September 1, 2004, excluding Subparts B, H, I, K, Q, 
R, T, and W. For the Part 63 NESHAPs, this includes the NESHAPs set 
forth in Table 1 below. The effective date of the Federal delegation 
for parts 61 and 63 standards is the effective date of this rule.

Table 1.--40 CFR Part 63 NESHAPs for Source Categories Delegated to ODEQ
------------------------------------------------------------------------
         Subpart                          Source category
------------------------------------------------------------------------
A........................  General Provisions.
F........................  Hazardous Organic NESHAP (HON)--Synthetic
                            Organic Chemical Manufacturing Industry
                            (SOCMI).
G........................  HON--SOCMI Process Vents, Storage Vessels,
                            Transfer Operations and Wastewater.
H........................  HON--Equipment Leaks.
I........................  HON--Certain Processes Negotiated Equipment
                            Leak Regulation.
J........................  Polyvinyl Chloride and Copolymers Production
                            .\1\
L........................  Coke Oven Batteries.
M........................  Perchloroethylene Dry Cleaning.
N........................  Chromium Electroplating and Chromium
                            Anodizing Tanks.
O........................  Ethylene Oxide Sterilizers.
Q........................  Industrial Process Cooling Towers.
R........................  Gasoline Distribution.
S........................  Pulp and Paper Industry.
T........................  Halogenated Solvent Cleaning.

[[Page 73598]]


U........................  Group I Polymers and Resins.
W........................  Epoxy Resins Production and Non-Nylon
                            Polyamides Production.
X........................  Secondary Lead Smelting.
Y........................  Marine Tank Vessel Loading.
AA.......................  Phosphoric Acid Manufacturing Plants.
BB.......................  Phosphate Fertilizers Production Plants.
CC.......................  Petroleum Refineries.
DD.......................  Off-Site Waste and Recovery Operations.
EE.......................  Magnetic Tape Manufacturing.
GG.......................  Aerospace Manufacturing and Rework
                            Facilities.
HH.......................  Oil and Natural Gas Production Facilities.
II.......................  Shipbuilding and Ship Repair Facilities.
JJ.......................  Wood Furniture Manufacturing Operations.
KK.......................  Printing and Publishing Industry.
LL.......................  Primary Aluminum Reduction Plants.
MM.......................  Chemical Recovery Combustion Sources at
                            Kraft, Soda, Sulfide, and Stand-Alone
                            Semichemical Pulp Mills.
OO.......................  Tanks--Level 1.
PP.......................  Containers.
QQ.......................  Surface Impoundments.
RR.......................  Individual Drain Systems.
SS.......................  Closed Vent Systems, Control Devices,
                            Recovery Devices and Routing to a Fuel Gas
                            System or a Process.
TT.......................  Equipment Leaks--Control Level 1.
UU.......................  Equipment Leaks--Control Level 2 Standards.
VV.......................  Oil-Water Separators and Organic-Water
                            Separators.
WW.......................  Storage Vessels (Tanks)--Control Level 2.
YY.......................  Generic Maximum Achievable Control Technology
                            Standards.
CCC......................  Steel Pickling--HCl Process Facilities and
                            Hydrochloric Acid Regeneration Plants.
DDD......................  Mineral Wool Production.
EEE......................  Hazardous Waste Combustors.
GGG......................  Pharmaceuticals Production.
HHH......................  Natural Gas Transmission and Storage
                            Facilities.
III......................  Flexible Polyurethane Foam Production.
JJJ......................  Group IV Polymers and Resins.
LLL......................  Portland Cement Manufacturing.
MMM......................  Pesticide Active Ingredient Production.
NNN......................  Wool Fiberglass Manufacturing.
OOO......................  Amino/Phenolic Resins.
PPP......................  Polyether Polyols Production.
QQQ......................  Primary Copper Smelting.
RRR......................  Secondary Aluminum Production.
TTT......................  Primary Lead Smelting.
UUU......................  Petroleum Refineries--Catalytic Cracking
                            Units, Catalytic Reforming Units and Sulfur
                            Recovery Plants.
VVV......................  Publicly Owned Treatment Works (POTW).
XXX......................  Ferroalloys Production: Ferromanganese and
                            Silicomanganese.
AAAA.....................  Municipal Solid Waste Landfills.
CCCC.....................  Nutritional Yeast Manufacturing.
DDDD.....................  Plywood and Composite Wood Products.
EEEE.....................  Organic Liquid Distribution.
FFFF.....................  Miscellaneous Organic Chemical Manufacturing.
GGGG.....................  Solvent Extraction for Vegetable Oil
                            Production.
HHHH.....................  Wet Formed Fiberglass Mat Production.
IIII.....................  Auto & Light Duty Truck.
JJJJ.....................  Paper & Other Web Coating.
KKKK.....................  Surface Coating of Metal Cans.
MMMM.....................  Surface Coating of Miscellaneous Metal Parts
                            and Products.
NNNN.....................  Surface Coating of Large Appliances.
OOOO.....................  Printing, Coating, and Dyeing of Fabrics and
                            Other Textiles.
PPPP.....................  Plastic Parts.
QQQQ.....................  Surface Coating of Wood Building Products.
RRRR.....................  Surface Coating of Metal Furniture.
SSSS.....................  Surface Coating of Metal Coil.
TTTT.....................  Leather Finishing Operations.
UUUU.....................  Cellulose Production Manufacture.
VVVV.....................  Boat Manufacturing.
Whttp://WWW.....................  Reinforced Plastic Composites Production.

XXXX.....................  Tire Manufacturing.
YYYY.....................  Stationary Combustion Turbines.
ZZZZ.....................  Reciprocating Internal Combustion Engines.
AAAAA....................  Lime Manufacturing Plants.
BBBBB....................  Semiconductor Manufacturing.
CCCCC....................  Coke Ovens: Pushing, Quenching and Battery
                            Stacks.
EEEEE....................  Iron and Steel Foundries.

[[Page 73599]]


FFFFF....................  Integrated Iron and Steel.
GGGGG....................  Site Remediation.
HHHHH....................  Miscellaneous Coating Manufacturing.
IIIII....................  Mercury Cell Chlor-Alkali Plants.
JJJJJ....................  Brick and Structural Clay Products.
KKKKK....................  Clay Ceramics Manufacturing.
LLLLL....................  Asphalt Roofing and Processing.
MMMMM....................  Flexible Polyurethane Foam Fabrication
                            Operation.
NNNNN....................  Hydrochloric Acid Production.
PPPPP....................  Engine Test Cells/Stands.
QQQQQ....................  Friction Products Manufacturing.
RRRRR....................  Taconite Iron Ore Processing.
SSSSS....................  Refractory Products Manufacturing.
TTTTT....................  Primary Magnesium Refining.
------------------------------------------------------------------------
\1\ The ODEQ has adopted the subpart unchanged and applied for
  delegation of the standard. The standard was vacated and remanded to
  EPA by the United States Court of Appeals for the District of Columbia
  Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d
  1232 (DC Cir. 2004). Because of the DC Circuit Court's holding this
  standard is not being delegated to ODEQ at this time.

VII. What Is Not Being Delegated?

    As mentioned above, ODEQ has not been delegated the authority for 
the following standards:

40 CFR Part 60, Subpart AAA (Standards of Performance for New 
Residential Wood Heaters);
40 CFR Part 60, Subpart WWW, (Standards of Performance for Municipal 
Solid Waste Landfills);
40 CFR Part 60, Subpart Cc, (Emission Guidelines and Compliance Times 
for Municipal Solid Waste Landfills);
40 CFR Part 61, Subpart B (National Emission Standards for Radon 
Emissions from Underground Uranium Mines);
40 CFR Part 61, Subpart H (National Emission Standards for Emissions of 
Radionuclides Other Than Radon From Department of Energy Facilities);
40 CFR Part 61, Subpart I (National Emission Standards for Radionuclide 
Emissions from Federal Facilities Other Than Nuclear Regulatory 
Commission Licensees and Not Covered by Subpart H);
40 CFR Part 61, Subpart K--(National Emission Standards for 
Radionuclide Emissions from Elemental Phosphorus Plants);
40 CFR Part 61, Subpart Q (National Emission Standards for Radon 
Emissions from Department of Energy facilities);
40 CFR Part 61, Subpart R (National Emission Standards for Radon 
Emissions from Phosphogypsum Stacks);
40 CFR Part 61, Subpart T (National Emission Standards for Radon 
Emissions from the Disposal of Uranium Mill Tailings); and
40 CFR Part 61, Subpart W (National Emission Standards for Radon 
Emissions from Operating Mill Tailings).

    In addition, EPA cannot delegate to a State any of the Category II 
Subpart A authorities set forth in 40 CFR 63.91(g)(2). These include 
the following provisions: Sec.  63.6(g), Approval of Alternative Non-
Opacity Standards; Sec.  63.6(h)(9), Approval of Alternative Opacity 
Standards; Sec.  63.7(e)(2)(ii) and (f), Approval of Major Alternatives 
to Test Methods; Sec.  63.8(f), Approval of Major Alternatives to 
Monitoring; and Sec.  63.10(f), Approval of Major Alternatives to 
Recordkeeping and Reporting. Also, some MACT standards have certain 
provisions that cannot be delegated to the States (e.g. 40 CFR 
63.106(b)). Therefore, any MACT standard that EPA is delegating to ODEQ 
that provides that certain authorities cannot be delegated are retained 
by EPA and not delegated. Furthermore, no authorities are delegated 
that require rulemaking in the Federal Register to implement, or where 
Federal overview is the only way to ensure national consistency in the 
application of the standards or requirements of CAA Section 112. 
Finally, Section 112(r), the accidental release program authority, is 
not being delegated by this approval.
    All of the inquiries and requests concerning implementation and 
enforcement of the excluded standards in the State of Oklahoma should 
be directed to the EPA Region 6 Office.
    This delegation to ODEQ to implement and enforce certain NESHAPs 
does not extend to sources or activities located in Indian country, as 
defined in 18 U.S.C. 1151. Under this definition, EPA treats as 
reservations, trust lands validly set aside for the use of a Tribe even 
if the trust lands have not been formally designated as a reservation. 
Consistent with previous Federal program approvals or delegations, EPA 
will continue to implement the NESHAPs in Indian country because ODEQ 
has not adequately demonstrated its authority over sources and 
activities located within the exterior boundaries of Indian 
reservations and other areas in Indian country.\2\
---------------------------------------------------------------------------

    \2\ The Safe, Accountable, Flexible, Efficient Transportation 
Equity Act of 2005 includes a provision relating to Oklahoma and EPA 
programs, providing:
    Notwithstanding any other provision of law, if the Administrator 
of the Environmental Protection Agency (referred to in this section 
as the ``Administrator'') determines that a regulatory program 
submitted by the State of Oklahoma for approval by the Administrator 
under a law administered by the Administrator meets applicable 
requirements of the law, and the Administrator approves the State to 
administer the State program under the law with respect to areas in 
the State that are not Indian country, on request of the State, the 
Administrator shall approve the State to administer the State 
program in the areas of the State that are in Indian country, 
without any further demonstration of authority by the State.
    H.R. 3, Section 10211(a). Oklahoma has not applied to administer 
the NESHAPS program in Indian country in accordance with this 
statute.
---------------------------------------------------------------------------

VIII. How Will Applicability Determinations Under Section 112 Be Made?

    In approving this delegation, ODEQ will obtain concurrence from EPA 
on any matter involving the interpretation of section 112 of the CAA or 
40 CFR part 63 to the extent that implementation, administration, or 
enforcement of these sections have not been covered by EPA 
determinations or guidance.

IX. What Authority Does EPA Have?

    We retain the right, as provided by CAA section 112(l)(7), to 
enforce any applicable emission standard or requirement under Section 
112. EPA

[[Page 73600]]

also has the authority to make certain decisions under the General 
Provisions (subpart A) of part 63. We are granting ODEQ some of these 
authorities, and retaining others, as explained in Sections VI and VII 
above. In addition, EPA may review and disapprove of State 
determinations and subsequently require corrections. (See 40 CFR 
63.91(g) and 65 FR 55810, 55823, September 14, 2000.)
    Furthermore, we retain any authority in an individual emission 
standard that may not be delegated according to provisions of the 
standard. Also, listed in the footnotes of the part 63 delegation table 
at the end of this rule are the authorities that cannot be delegated to 
any State or local agency which we therefore retain.

X. What Information Must ODEQ Provide to EPA?

    In delegating the authority to implement and enforce these rules 
and in granting a waiver of EPA notification requirements, we require 
ODEQ to input all source information into the Aerometric Information 
Retrieval System (AIRS) for both point and area sources. ODEQ must 
enter this information into the AIRS system and update the information 
by September 30 of every year. ODEQ must provide any additional 
compliance related information to EPA, Region 6, Office of Enforcement 
and Compliance Assurance within 45 days of a request under 40 CFR 
63.96(a).
    In receiving delegation for specific General Provisions 
authorities, ODEQ must submit to EPA Region 6 on a semi-annual basis, 
copies of determinations issued under these authorities. For part 63 
standards, these determinations include: Applicability determinations 
(Sec.  63.1); approval/disapprovals of construction and reconstruction 
(Sec.  63.5(e) and (f)); notifications regarding the use of a 
continuous opacity monitoring system (Sec.  63.6(h)(7)(ii)); finding of 
compliance (Sec.  63.6(h)(8)); approval/disapprovals of compliance 
extensions (Sec.  63.6(i)); approvals/disapprovals of minor (Sec.  
63.7(e)(2)(i)) or intermediate (Sec.  63.7(e)(2)(ii) and (f)) 
alternative test methods; approval of shorter sampling times and 
volumes (Sec.  63.7(e)(2)(iii)); waiver of performance testing (Sec.  
63.7(e)(2)(iv) and (h)(2), (3)); approvals/disapprovals of minor or 
intermediate alternative monitoring methods (Sec.  63.8(f)); approval 
of adjustments to time periods for submitting reports (Sec. Sec.  63.9 
and 63.10); and approvals/disapprovals of minor alternatives to 
recordkeeping and reporting (Sec.  63.10(f)).
    Additionally, EPA's Emission Measurement Center of the Emissions 
Monitoring and Analysis Division must receive copies of any approved 
intermediate changes to test methods or monitoring. (Please note that 
intermediate changes to test methods must be demonstrated as equivalent 
through the procedures set out in EPA method 301.) This information on 
approved intermediate changes to test methods and monitoring will be 
used to compile a database of decisions that will be accessible to 
State and local agencies and EPA Regions for reference in making future 
decisions. (For definitions of major, intermediate and minor 
alternative test methods or monitoring methods, see 40 CFR 63.90). The 
ODEQ should forward these intermediate test methods or monitoring 
changes via mail or facsimile to: Chief, Source Categorization Group A, 
EPA (MD-19), Research Triangle Park, NC 27711, Facsimile telephone 
number: (919) 541-1039.

XI. What Is EPA's Oversight of This Delegation to ODEQ?

    EPA must oversee ODEQ's decisions to ensure the delegated 
authorities are being adequately implemented and enforced. We will 
integrate oversight of the delegated authorities into the existing 
mechanisms and resources for oversight currently in place. If, during 
oversight, we determine that ODEQ made decisions that decreased the 
stringency of the delegated standards, then ODEQ shall be required to 
take corrective actions and the source(s) affected by the decisions 
will be notified, as required by 40 CFR 63.91(g)(1)(ii). We will 
initiate withdrawal of the program or rule if the corrective actions 
taken are insufficient.

XII. Should Sources Submit Notices to EPA or ODEQ?

    All of the information required pursuant to the Federal NESHAP (40 
CFR parts 61 and 63) should be submitted by sources located outside of 
Indian country directly to the ODEQ at the following address: Oklahoma 
Department of Environmental Quality, Air Quality Division, P.O. Box 
1677, Oklahoma City, OK 73101-1677. The ODEQ is the primary point of 
contact with respect to delegated NESHAPs in Oklahoma (excluding Indian 
country). Sources do not need to send a copy to EPA. EPA Region 6 
waives the requirement that notifications and reports for delegated 
standards be submitted to EPA in addition to ODEQ in accordance with 40 
CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii).

XIII. How Will Unchanged Authorities Be Delegated to ODEQ in the 
Future?

    In the future, ODEQ will only need to send a letter of request to 
EPA, Region 6, for those NSPS and NESHAP regulations that ODEQ has 
adopted by reference. The letter must reference the previous up-front 
approval demonstration and reaffirm that it still meets the up-front 
approval criteria. We will respond in writing to the request stating 
that the request for delegation is either granted or denied. A Federal 
Register notice will be published to inform the public and affected 
sources of the delegation, indicating where source notifications and 
reports should be sent, and to amend the relevant portions of the Code 
of Federal Regulations showing which NESHAP standards have been 
delegated to ODEQ.

XIV. Final Action

    The public was provided the opportunity to comment on the proposed 
approval of the program and mechanism for delegation of Section 112 
standards, as applied to part 70 sources, on March 10, 1995. The 
proposal was part of EPA's proposed approval of the Oklahoma Department 
of Environmental Quality's operating permits program. 60 FR 13088. The 
EPA did not receive adverse public comments on the proposed delegation 
of Section 112 standards. 61 FR 4220 (February 5, 1996). In this 
action, the public is given the opportunity to comment on the approval 
of ODEQ's request for delegation of authority to implement and enforce 
certain Section 112 standards for all sources (both part 70 and non-
part 70 sources) which have been adopted by reference into Oklahoma's 
state regulations. However, the Agency views the approval of these 
requests as a noncontroversial action and anticipates no adverse 
comments. Therefore, EPA is publishing this rule without prior 
proposal. However, in the ``Proposed Rules'' section of today's Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the program and delegation of 
authority described in this action if adverse comments are received. 
This action will be effective February 13, 2006 without further notice 
unless the Agency receives relevant adverse comments by January 12, 
2006.
    If EPA receives adverse comments, we will publish a timely 
withdrawal in the Federal Register informing the public the rule will 
not take effect. We will address all public comments in a subsequent 
final rule based on the proposed rule. The EPA will not

[[Page 73601]]

institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

XVI. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, ``Regulatory Planning and 
Review.'' (58 FR 51735 (October 4, 1993)). This proposed rule is not a 
``significant energy action'' as defined in Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)), because it 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. This proposed action merely proposes to 
approve state law as meeting Federal requirements and imposes no 
additional requirements beyond those imposed by state law. Accordingly, 
the Administrator certifies that this proposed rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule proposes to approve pre-existing requirements under state law 
and does not impose any additional enforceable duty beyond that 
required by state law, EPA has determined that this rule does not 
contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, or tribal governments in the 
aggregate, or on the private sector, in any one year. Thus, today's 
rule is not subject to the requirements of sections 202 and 205 of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In 
addition, EPA has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments in accordance with section 203 of UMRA.
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175, ``Consultation and Coordination with Indian Tribal 
Governments'' (65 FR 67249, (November 9, 2000)). This action also does 
not have federalism implications because it does not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132, ``Federalism'' (64 FR 43255, (August 10, 
1999)). This action merely proposes to approve a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This proposed rule also is not subject to Executive Order 
13045, ``Protection of Children from Environmental Health Risks and 
Safety Risks'' (62 FR 19885, (April 23, 1997)). EPA interprets 
Executive Order 13045 as applying only to those regulatory actions that 
are based on health or safety risks, such that the analysis required 
under section 5-501 of the Order has the potential to influence the 
regulation. This proposed rule is not subject to Executive Order 13045 
because it approves a state program.
    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 (15 U.S.C. 272 note) requires Federal agencies to 
evaluate existing technical standards when developing a new regulation. 
To comply with NTTAA, EPA must consider and use ``voluntary consensus 
standards'' (VCS) if available and applicable when developing programs 
and policies unless doing so would be inconsistent with applicable law 
or otherwise impractical. In this context, in the absence of a prior 
existing requirement for the State to use voluntary consensus standards 
(VCS), EPA has no authority to disapprove a delegation submission for 
failure to use VCS. It would thus be inconsistent with applicable law 
for EPA to use VCS in place of a delegation submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 13, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 61

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of Sections 
111 and 112 of the Clean Air Act, as amended, 42 U.S.C. 7411 and 
7412.

    Dated: November 29, 2005.
Carl E. Edlund,
Acting Regional Administrator, Region 6.

0
40 CFR parts 61 and 63 are amended as follows:

PART 61--[AMENDED]

0
1. The authority citation for part 61 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart A--General Provisions

0
2. Section 61.04 is amended by:
0
A. Revising paragraph (b)(LL) introductory text; and
0
B. Revising paragraph (c)(6)(iv) and reserving paragraph (c)(6)(v) to 
read as follows:


Sec.  61.04  Address.

    (b) * * *

[[Page 73602]]

    (LL) State of Oklahoma, Oklahoma Department of Environmental 
Quality, Air Quality Division, P.O. Box 1677, Oklahoma City, OK 73101-
1677. For a list of delegated standards for Oklahoma (excluding Indian 
country), see paragraph (c)(6) of this section.
* * * * *
    (c) * * *
    (6) * * *
* * * * *
    (iv) The Oklahoma Department of Environmental Quality has been 
delegated the following part 61 standards promulgated by EPA, as 
amended in the Federal Register through September 1, 2004. The (X) 
symbol is used to indicate each subpart that has been delegated.

   Delegation Status for National Emission Standards for Hazardous Air
 Pollutants (Part 61 Standards) for Oklahoma Department of Environmental
                                 Quality
                     [Excluding Indian Country] \1\
------------------------------------------------------------------------
            Subpart                     Source category           ODEQ
------------------------------------------------------------------------
A.............................  General Provisions............        X
B.............................  Radon Emissions From            ........
                                 Underground Uranium Mines.
C.............................  Beryllium.....................        X
D.............................  Beryllium Rocket Motor Firing.        X
E.............................  Mercury.......................        X
F.............................  Vinyl Chloride................        X
G.............................  (Reserved)....................  ........
H.............................  Emissions of Radionuclides      ........
                                 Other Than Radon From
                                 Department of Energy
                                 Facilities.
I.............................  Radionuclide Emissions From     ........
                                 Federal Facilities Other Than
                                 Nuclear Regulatory Commission
                                 Licensees and Not Covered by
                                 Subpart H.
J.............................  Equipment Leaks (Fugitive             X
                                 Emission Sources) of Benzene.
K.............................  Radionuclide Emissions From     ........
                                 Elemental Phosphorus Plants.
L.............................  Benzene Emissions From Coke By-       X
                                 Product Recovery Plants.
M.............................  Asbestos......................        X
N.............................  Inorganic Arsenic Emissions           X
                                 From Glass Manufacturing
                                 Plants.
O.............................  Inorganic Arsenic Emissions           X
                                 From Primary Copper Smelters.
P.............................  Inorganic Arsenic Emissions           X
                                 From Arsenic Trioxide and
                                 Metallic Arsenic Production
                                 Facilities.
Q.............................  Radon Emissions From            ........
                                 Department of Energy
                                 Facilities.
R.............................  Radon Emissions From            ........
                                 Phosphogypsum Stacks.
S.............................  (Reserved)....................  ........
T.............................  Radon Emissions From the        ........
                                 Disposal of Uranium Mill
                                 Tailings.
U.............................  (Reserved)....................  ........
V.............................  Equipment Leaks (Fugitive             X
                                 Emission Sources).
W.............................  Radon Emissions From Operating  ........
                                 Mill Tailings.
X.............................  (Reserved)....................  ........
Y.............................  Benzene Emissions From Benzene        X
                                 Storage Vessels.
Z-AA..........................  (Reserved)....................  ........
BB............................  Benzene Emissions From Benzene        X
                                 Transfer Operations.
CC-EE.........................  (Reserved)....................  ........
FF............................  Benzene Waste Operations......       X
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
  (ODEQ).

    (v) [Reserved.]
* * * * *

PART 63--[AMENDED]

0
The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

0
2. Section 63.99 is amended by revising paragraph (a)(36)(i) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (36) * * *
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the Oklahoma Department of 
Environmental Quality for all sources. The ``X'' symbol is used to 
indicate each subpart that has been delegated. The delegations are 
subject to all of the conditions and limitations set forth in Federal 
law, regulations, policy, guidance, and determinations. Some 
authorities cannot be delegated and are retained by EPA. These include 
certain General Provisions authorities and specific parts of some 
standards. Any amendments made to these rules after this effective date 
are not delegated.

[[Page 73603]]



       Delegation Status for Part 63 Standards--State of Oklahoma
                       [Excluding Indian Country]
------------------------------------------------------------------------
                                                                  Order
            Subpart                     Source category          \1\ \2\
------------------------------------------------------------------------
A.............................  General Provisions \2\........        X
F.............................  Hazardous Organic NESHAP              X
                                 (HON)--Synthetic Organic
                                 Chemical Manufacturing
                                 Industry (SOCMI).
G.............................  HON--SOCMI Process Vents,             X
                                 Storage Vessels, Transfer
                                 Operations and Wastewater.
H.............................  HON--Equipment Leaks..........        X
I.............................  HON--Certain Processes                X
                                 Negotiated Equipment Leak
                                 Regulation.
J.............................  Polyvinyl Chloride and            (\3\)
                                 Copolymers Production.
K.............................  (Reserved)....................  ........
L.............................  Coke Oven Batteries...........        X
M.............................  Perchloroethylene Dry Cleaning        X
N.............................  Chromium Electroplating and           X
                                 Chromium Anodizing Tanks.
O.............................  Ethylene Oxide Sterilizers....        X
P.............................  (Reserved)....................  ........
Q.............................  Industrial Process Cooling            X
                                 Towers.
R.............................  Gasoline Distribution.........        X
S.............................  Pulp and Paper Industry.......        X
T.............................  Halogenated Solvent Cleaning..        X
U.............................  Group I Polymers and Resins...        X
V.............................  (Reserved)....................  ........
W.............................  Epoxy Resins Production and           X
                                 Non-Nylon Polyamides
                                 Production.
X.............................  Secondary Lead Smelting.......        X
Y.............................  Marine Tank Vessel Loading....        X
Z.............................  (Reserved)....................  ........
AA............................  Phosphoric Acid Manufacturing         X
                                 Plants.
BB............................  Phosphate Fertilizers                 X
                                 Production Plants.
CC............................  Petroleum Refineries..........        X
DD............................  Off-Site Waste and Recovery           X
                                 Operations.
EE............................  Magnetic Tape Manufacturing...        X
FF............................  (Reserved)....................  ........
GG............................  Aerospace Manufacturing and           X
                                 Rework Facilities.
HH............................  Oil and Natural Gas Production        X
                                 Facilities.
II............................  Shipbuilding and Ship Repair          X
                                 Facilities.
JJ............................  Wood Furniture Manufacturing          X
                                 Operations.
KK............................  Printing and Publishing               X
                                 Industry.
LL............................  Primary Aluminum Reduction            X
                                 Plants.
MM............................  Chemical Recovery Combustion          X
                                 Sources at Kraft, Soda,
                                 Sulfide, and Stand-Alone
                                 Semichemical Pulp Mills.
NN............................  (Reserved)....................  ........
OO............................  Tanks--Level 1................        X
PP............................  Containers....................        X
QQ............................  Surface Impoundments..........        X
RR............................  Individual Drain Systems......        X
SS............................  Closed Vent Systems, Control          X
                                 Devices, Recovery Devices and
                                 Routing to a Fuel Gas System
                                 or a Process.
TT............................  Equipment Leaks--Control Level        X
                                 1.
UU............................  Equipment Leaks--Control Level        X
                                 2 Standards.
VV............................  Oil-Water Separators and              X
                                 Organic-Water Separators.
WW............................  Storage Vessels (Tanks)--             X
                                 Control Level 2.
XX............................  (Reserved)....................  ........
YY............................  Generic Maximum Achievable            X
                                 Control Technology Standards.
ZZ-BBB........................  (Reserved)....................  ........
CCC...........................  Steel Pickling--HCl Process           X
                                 Facilities and Hydrochloric
                                 Acid Regeneration.
DDD...........................  Mineral Wool Production.......        X
EEE...........................  Hazardous Waste Combustors....        X
FFF...........................  (Reserved)....................  ........
GGG...........................  Pharmaceuticals Production....        X
HHH...........................  Natural Gas Transmission and          X
                                 Storage Facilities.
III...........................  Flexible Polyurethane Foam            X
                                 Production.
JJJ...........................  Group IV Polymers and Resins..        X
KKK...........................  (Reserved)....................  ........
LLL...........................  Portland Cement Manufacturing.        X
MMM...........................  Pesticide Active Ingredient           X
                                 Production.
NNN...........................  Wool Fiberglass Manufacturing.        X
OOO...........................  Amino/Phenolic Resins.........        X
PPP...........................  Polyether Polyols Production..        X
QQQ...........................  Primary Copper Smelting.......        X
RRR...........................  Secondary Aluminum Production.        X
SSS...........................  (Reserved)....................  ........
TTT...........................  Primary Lead Smelting.........        X
UUU...........................  Petroleum Refineries--                X
                                 Catalytic Cracking Units,
                                 Catalytic Reforming Units and
                                 Sulfur Recovery Plants.
VVV...........................  Publicly Owned Treatment Works        X
                                 (POTW).
http://WWW...........................  (Reserved)....................  ........

XXX...........................  Ferroalloys Production:               X
                                 Ferromanganese and
                                 Silicomanganese.
AAAA..........................  Municipal Solid Waste                 X
                                 Landfills.

[[Page 73604]]


CCCC..........................  Nutritional Yeast                     X
                                 Manufacturing.
DDDD..........................  Plywood and Composite Wood            X
                                 Products.
EEEE..........................  Organic Liquids Distribution..        X
FFFF..........................  Miscellaneous Organic Chemical        X
                                 Production and Processes
                                 (MON).
GGGG..........................  Solvent Extraction for                X
                                 Vegetable Oil Production.
HHHH..........................  Wet Formed Fiberglass Mat             X
                                 Production.
IIII..........................  Auto & Light Duty Truck.......        X
JJJJ..........................  Paper and other Web (Surface          X
                                 Coating).
KKKK..........................  Metal Can (Surface Coating)...        X
MMMM..........................  Surface Coating of                    X
                                 Miscellaneous Metal Parts and
                                 Products.
NNNN..........................  Surface Coating of Large              X
                                 Appliances.
OOOO..........................  Fabric Printing Coating and           X
                                 Dyeing.
PPPP..........................  Plastic Parts (Surface                X
                                 Coating).
QQQQ..........................  Surface Coating of Wood               X
                                 Building Products.
RRRR..........................  Surface Coating of Metal              X
                                 Furniture.
SSSS..........................  Surface Coating for Metal Coil        X
TTTT..........................  Leather Finishing Operations..        X
UUUU..........................  Cellulose Production                  X
                                 Manufacture.
VVVV..........................  Boat Manufacturing............        X
Whttp://WWW..........................  Reinforced Plastic Composites         X

                                 Production.
XXXX..........................  Tire Manufacturing............        X
YYYY..........................  Combustion Turbines...........        X
ZZZZ..........................  Reciprocating Internal                X
                                 Combustion Engines (RICE).
AAAAA.........................  Lime Manufacturing Plants.....        X
BBBBB.........................  Semiconductor Manufacturing...        X
CCCCC.........................  Coke Ovens: Pushing, Quenching        X
                                 and Battery Stacks.
DDDDD.........................  Industrial/Commerical/          ........
                                 Institutional Boilers and
                                 Process Heaters.
EEEEE.........................  Iron Foundries................        X
FFFFF.........................  Integrated Iron and Steel.....        X
GGGGG.........................  Site Remediation..............        X
HHHHH.........................  Miscellaneous Coating                 X
                                 Manufacturing.
IIIII.........................  Mercury Cell Chlor-Alkali             X
                                 Plants.
JJJJJ.........................  Brick and Structural Clay             X
                                 Products Manufacturing.
KKKKK.........................  Clay Ceramics Manufacturing...        X
LLLLL.........................  Asphalt Roofing and Processing        X
MMMMM.........................  Flexible Polyurethane Foam            X
                                 Fabrication Operation.
NNNNN.........................  Hydrochloric Acid Production,         X
                                 Fumed Silica Production.
PPPPP.........................  Engine Test Facilities........        X
QQQQQ.........................  Friction Products                     X
                                 Manufacturing.
RRRRR.........................  Taconite Iron Ore Processing..        X
SSSSS.........................  Refractory Products                   X
                                 Manufacture.
TTTTT.........................  Primary Magnesium Refining....       X
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
  (ODEQ), as amended in the Federal Register through September 1, 2004.
\2\ Authorities that cannot be delegated include Sec.   63.6(g),
  Approval of Alternative Non-Opacity Standards; Sec.   63.6(h)(9),
  Approval of Alternative Opacity Standards; Sec.   63.7(e)(2)(ii) and
  (f), Approval of Major Alternatives to Test Methods; Sec.   63.8(f),
  Approval of Major Alternatives to Monitoring; and Sec.   63.10(f),
  Approval of Major Alternatives to Recordkeeping and Reporting. In
  addition, all authorities identified in the certain subparts that EPA
  has designated that cannot be delegated.
\3\ The ODEQ has adopted the subpart unchanged and applied for
  delegation of the standard. The standard was vacated and remanded to
  EPA by the United States Court of Appeals for the District of Columbia
  Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d
  1232 (D.C. Cir. 2004). Because of the D.C. Circuit Court's holding
  this standard is not being delegated to ODEQ at this time.


[FR Doc. 05-23970 Filed 12-12-05; 8:45 am]

BILLING CODE 6560-50-P
