ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
63
[
EPA­
R06­
OAR­
2005­
TX­
0034;
FRL­
]

National
Emission
Standards
for
Hazardous
Air
Pollutants;
Delegation
of
Authority
to
Texas
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Proposed
Rule.

SUMMARY:
The
Texas
Commission
on
Environmental
Quality
(
TCEQ)
has
submitted
a
request
for
receiving
delegation
of
EPA
authority
for
implementation
and
enforcement
of
National
Emission
Standards
for
Hazardous
Air
Pollutants
(
NESHAPs)
for
all
sources
(
both
part
70
and
non­
part
70
sources).
The
requests
apply
to
certain
NESHAPs
promulgated
by
EPA,
as
adopted
by
TCEQ
on
May
25,
2005
(
40
CFR
part
63
standards).
The
delegation
of
authority
under
this
action
does
not
apply
to
sources
located
in
Indian
Country.
EPA
is
providing
notice
that
proposes
to
approve
the
delegation
of
certain
NESHAPs
to
TDEQ.

DATES:
Written
comments
must
be
received
on
or
before
[
Insert
date
30
days
from
date
of
publication
in
the
Federal
Register].

ADDRESSES:
Comments
may
be
mailed
to
Mr.
Jeff
Robinson,
Air
Permits
Section
(
6PD­
R),

Environmental
Protection
Agency,
1445
Ross
Avenue,
Suite
1200,
Dallas,
Texas
75202­
2733.

Comments
may
also
be
submitted
electronically
or
through
hand
delivery/
courier
by
following
2
the
detailed
instructions
in
the
Addresses
section
of
the
direct
final
rule
located
in
the
final
rules
section
of
the
Federal
Register.

FOR
FURTHER
INFORMATION
CONTACT:
Mr.
Jeff
Robinson,
Air
Permits
Section,

Multimedia
Planning
and
Permitting
Division
(
6PD­
R),
U.
S.
Environmental
Protection
Agency,

Region
6,
1445
Ross
Avenue,
Suite
700,
Dallas,
Texas
75202­
2733,
at
(
214)
665­
6435,
or
at
robinson.
jeffrey@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
In
the
final
rules
section
of
this
Federal
Register,

EPA
is
approving
TCEQ's
request
for
delegation
of
authority
to
implement
and
enforce
certain
NESHAPs
for
all
sources
(
both
Part
70
and
non­
Part
70
sources).
TCEQ
has
adopted
certain
NESHAPs
into
Texas'
state
regulations.
In
addition,
EPA
is
waiving
its
notification
requirements
so
sources
will
only
need
to
send
notifications
and
reports
to
TCEQ.

The
EPA
is
taking
direct
final
action
without
prior
proposal
because
EPA
views
this
as
a
noncontroversial
action
and
anticipates
no
adverse
comments.
A
detailed
rationale
for
this
approval
is
set
forth
in
the
preamble
to
the
direct
final
rule.
If
no
adverse
comments
are
received
in
response
to
this
action
rule,
no
further
activity
is
contemplated.
If
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.
EPA
will
not
institute
a
second
comment
period
on
this
action.
Any
parties
interested
in
commenting
must
do
so
at
this
time.

Please
note
that
if
EPA
receives
adverse
comment
on
an
amendment,
paragraph,
or
section
of
this
rule
and
if
that
provision
may
be
severed
from
the
remainder
of
the
rule,
EPA
may
adopt
as
3
final
those
provisions
of
the
rule
that
are
not
the
subject
of
an
adverse
comment.
For
additional
information,
see
the
direct
final
rule
which
is
published
in
the
Rules
section
of
this
Federal
Register.

Authority:
42
U.
S.
C.
7412.

Dated:
April
24,
2006.

Richard
E.
Greene,
Regional
Administrator,
Region
6.
