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Clean Air Act Proposed Approval of Operating Permits Program; Lincoln-Lancaster County Health Department; State of Nebraska
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 31, 1995]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[AD-FRL-5147-7]
Clean Air Act Proposed Approval of Operating Permits Program;
Lincoln-Lancaster County Health Department; State of Nebraska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The EPA proposes approval of the Operating Permits Program
submitted by the Lincoln-Lancaster County Health Department (LLCHD)
(Nebraska) 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
March 2, 1995.
ADDRESSES: Comments should be addressed to Christopher D. Hess at the
Region VII address.
Copies of the LLCHD submittal and other supporting information used
in developing the proposed rule are available for inspection during
normal business hours by contacting: Christopher D. Hess, USEPA, Region
VII, Air Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101.
FOR FURTHER INFORMATION CONTACT: Christopher D. Hess (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 Local Authority
Introduction
What follows are brief explanations indicating how the submittal
meets the requirements of part 70. The reader may consult the Technical
Support Document (TSD) for a more detailed explanation of these topics.
Support Materials
a. Governor's letter. The designated representative of the Governor
of Nebraska has requested approval on behalf of the LLCHD as a local
permitting agency. LLCHD has also requested approval in its submittal
cover letter. Lincoln-Lancaster proposes to administer title V in its
two counties.
b. Regulations. The basic regulatory framework for the operating
permit program is the ``1993 Lincoln-Lancaster County Air Pollution
Control Program,'' version 1.2, as amended May 1994. These rules
essentially adopt the state's ``Title 129--Nebraska Air Quality
Regulations,'' which includes the title V requirements for the state.
LLCHD rules use a different numbering system than the state's but is
essentially the same in content. These rules were approved by the
Lincoln City Council and by the Lancaster County Board of Supervisors.
LLCHD has also incorporated by reference the Nebraska Environmental
Protection Act and Nebraska statutes into its program. The submittal
includes a discussion of the public review and hearing process which
the local agency followed in adopting the rules.
The submittal currently contains two provisions which would
restrict operation of the program. However, LLCHD has agreed to make
modifications to both of these provisions in order to receive full
approval of the program. The reader is directed to the applicability
provisions section of this notice (II.A.2.e.) for discussion of the
first item (applicable requirements definition), and (II.A.2.h.) for
the second item (Title I modifications).
c. Attorney General's legal opinion. The opinion of the County
Attorney contains the elements required by 40 CFR 70.4(b)(3) and states
there is adequate authority to meet all of the title V and part 70
requirements.
Implementation
a. Program description. A comprehensive plan for implementing the
title V program was included in the submittal. This plan includes
program authority, agency organization, and staffing. Approximately 80
sources have been identified that will be required to submit a title V
permit application within LLCHD jurisdiction.
LLCHD has also identified adequate procedures for its permit
application and review process, along with inspection and enforcement
provisions. The EPA has determined the program description meets the
requirements of 40 CFR 70.4(b)(1). An implementation agreement was not
included in LLCHD's
[[Page 5884]]
submittal, but the EPA is encouraging its development in anticipation
of program approval.The presumptive minimum plus consumer price
index (CPI) will be used for the operating permit fee. This will be
discussed further under the fee demonstration section (II., 3.). Like
the state, LLCHD will maintain a Class II program for minor, non-title
V sources.
b. Program implementation. A permit registry is being established
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 of
hazardous air pollutants participating in the early reduction program
under section 112(i)(5) of the Clean Air Act.
In terms of initial permit applications, LLCHD outlines adequate
procedures to satisfy part 70 requirements. The application process
includes affected state and EPA review. LLCHD's procedures and guidance
are designed to ensure that a permit is issued within 18 months of
application.
LLCHD has established criteria for monitoring source compliance
which include compliance inspections, citizen complaint responses,
follow-up inspections, and permit application review. LLCHD will
physically inspect each title V source at least once per year.
Surveillance through monitoring will also be conducted to ensure
compliance.
c. Personnel. LLCHD provided a workload analysis for each program
category of title V activity to include permitting, compliance and
enforcement, planning, monitoring, small business assistance, and
communications to determine the amount of personnel needed. EPA's
analysis suggests that LLCHD's estimate appears adequate for
implementing the title V program.
d. Data management. All permit application information will be
submitted to the state which will, in turn, make that information
available to the EPA. The proposed permits will be made available for
EPA review. LLCHD requires the retention of permit information by the
source for five years in Article 2, section 8, (D)(2)(b). LLCHD has
also committed to maintaining records for five years in its program
description.
e. Applicability provisions. LLCHD provides 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).
LLCHD exempts 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
Sec. 70.3(b)(1) until the Administrator completes a rulemaking to
determine how the program should be structured for nonmajor sources.
(1) Applicable requirements. On the one hand, LLCHD's rules require
all applicable requirements to be included in the permit. This includes
requirements that have been promulgated or approved by EPA through
rulemaking at the time of issuance but which have future effective
dates. Additionally, the director may insert EPA promulgated
requirements into permits before LLCHD has adopted the standard.
However, the EPA has determined that the items enumerated in
Article 1, section 2 (3-10) in the definition of ``applicable
requirements'' undermine the ability to incorporate all applicable
requirements. As currently written, a rule must be promulgated by EPA
and adopted by LLCHD to be considered an applicable requirement.
As an example of this concern, item (4) of the applicable
requirement definition states, ``Any standard or other requirement
established pursuant to Section 112 of the Act and regulations adopted
in Section 27 of these Regulations and Standards relating to hazardous
air pollutants listed in Appendix II.'' The practical effect of this
definition, as an example, is that a source could claim it need not
identify certain hazardous air pollutant standards in its application,
for inclusion in the permit, if the requirement is not both promulgated
under section 112 of the Act and in section 27 of the Lincoln-Lancaster
regulations.
LLCHD has committed to modify the definition of applicable
requirements in accordance with EPA guidance to receive program
approval. The state of Nebraska has already initiated action to correct
this deficiency. The Nebraska Environmental Quality Council adopted
regulatory changes on December 2, 1994, which are included in the
docket for this proposed rulemaking for the LLCHD program. Once LLCHD
adopts the revisions made by the Council on December 2, including those
described in II.A.2.h. also, the EPA intends to take final action to
fully approve the program.
(2) Variances. Both the state's and LLCHD's rules allow sources to
petition the permitting authority for a variance. Importantly, both
rules clearly state that no variance will be granted that sanctions any
violation of state or Federal statutes or regulations. Based on these
provisions, the submittal is approvable with respect to variances.
f. Permit content. LLCHD's regulations require title V permits to
include part 70 terms and conditions for all applicable requirements in
Article 2, section 7 (C)(1). These rules also stipulate that the
duration of the permit (five years) will be specified in the permit.
LLCHD has also provided for the inclusion of enhanced monitoring in
permits.
LLCHD's regulations do require 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 Sec. 70.6(a)(4). The
regulations also meet the requirements of Sec. 70.6(a)(5)
(severability), Sec. 70.6(a)(6) (permit provisions), Sec. 70.6(a)(7)
(fees), and Sec. 70.6(a)(8) (emissions trading). Part 70 also requires
terms and conditions for reasonably anticipated operating scenarios to
be included in the permit. LLCHD's rules require 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. LLCHD's regulations
fulfill this requirement.
Part 70 also has federally enforceable requirements for the terms
and conditions in a part 70 permit at Sec. 70.6(b), compliance
requirements at Sec. 70.6(c), and emergency provisions at Sec. 70.6(g).
LLCHD's regulations comply with these requirements.
LLCHD's program provides for general permits in Article 2, section
In section 9(B), the director will identify criteria by which
sources may qualify for the general permit as required by
Sec. 70.6(d)(1).
The permitting program can also have provisions for permitting
temporary sources and for permit shields. LLCHD's permitting program
has both of these options and meets the requirements of part 70.
LLCHD's program 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
developed this list, which will be approved in December 1994 and then
adopted by LLCHD.
g. Permit forms. LLCHD addresses permit application requirements in
Article 2, sections 5 and 7 of its regulations. Within its rules
adequate procedures are outlined for the following: duty to apply,
complete [[Page 5885]] 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.
h. Permit issuance. LLCHD regulations satisfy 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 LLCHD operating permit registry. Source
permit applications must conform to the standard LLCHD application
form, and must contain information sufficient to allow LLCHD to
determine all applicable requirements with respect to the applicant. An
application will be deemed complete within 60 days of receipt unless
LLCHD finds them to be incomplete. LLCHD regulations only require
notification of the source if the application is incomplete.
LLCHD regulations 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.
LLCHD regulations also require compliance with public participation
procedures, notification to affected states, compliance with all
applicable requirements, and allow 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 EPAapproved
preconstruction review program. The program also provides 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. The operating permit
program 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 but one of the Federal minor permit
modification procedures. The Federal permit rule requires that a title
I modification not be processed as a minor permit modification. The
LLCHD rules (see section 15(C)(1)(e)) require that the activity not be
a modification which requires a construction permit under section 17;
this section is titled ``Construction Permits-When Required.'' Thus,
LLCHD is required to include a reference in section 15(C)(1)(e)
referring to section 19, ``Prevention of Significant Deterioration,''
and section 18, ``New Source Performance Standards,'' since activities
under these chapters could be considered title I modifications.
The origin of the LLCHD rule is in title 129 of the state rule. The
state has proposed rule changes for adoption in December 1994 to
correct this deficiency. As with all other rules adopted by the state,
LLCHD will incorporate this change approximately two months afterward
and therefore fulfill all minor permit modification requirements. This
change, along with the modification of ``applicable requirement,'' will
be required before the EPA will grant approval for the program.
The program provides for promptly sending to EPA any notice that
LLCHD refuses to accept all recommendations of an affected state
regarding a proposed minor permit modification. In addition, the
program provides 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 has notified the permitting authority that the
EPA will not object to issuance, whichever is first.
The LLCHD program provides for minor permit modification group
processing which meets the Federal criteria. Specifically, the program
provides that any application for group processing must meet permit
application requirements similar to those outlined in Sec. 70.7(e)(3),
and 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. The submittal's program description
commits to completion of review of the majority of significant permit
modifications within nine months after receipt of a complete
application.
(1) Permit reopenings. LLCHD provides that 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 that 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.
(2) Off-permit revisions. LLCHD has elected to not allow off-permit
activities.
i. Compliance tracking and enforcement. The requirement for
proposed compliance tracking and enforcement reporting has been met by
the LLCHD. This reporting will be accomplished by providing enforcement
information to the state monthly for subsequent monthly entry 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 authorities mirror the state's and meet the
requirements of Sec. 70.11. These responses include permit
modification, permit revocation, stipulation, administrative orders,
injunctive relief, civil/criminal referral, and referral to the EPA.
j. Public participation, EPA and affected States review. LLCHD's
submittal ensures 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.
LLCHD has adopted rules that ensure mutual review by affected
states and the EPA. LLCHD will not issue a permit when it is objected
to in accordance with Sec. 70.8(c).
Fee Demonstration
LLCHD has elected to collect the presumptive minimum plus CPI
(currently $30.07) in accordance with part 70 to cover direct and
indirect costs of developing and administering its program.
The submittal states that a specific title V fund, with individual
billing codes for this program, will be created. Article 2, section 29
of the LLCHD regulations directs all moneys collected from the permit
fees to be made payable to LLCHD and to be credited to the Air
Pollution Control Fund. [[Page 5886]]
Part 70 also requires permitting authorities to submit periodic
accounting reports to EPA. Upon further guidance by EPA, LLCHD will be
requested to submit these reports.
LLCHD's submittal included a list of sources and the amount of fees
that it expects to collect in the first year from each source as part
of its fee demonstration ($379,122). LLCHD's year-to-year estimates of
resources by major activities adequately satisfies the four-year
projection.
Provisions Implementing the Requirements of Other Titles of the Act
a. Acid rain. The legal requirements for an approval under the
title V operating permits program for a title IV program were cited in
EPA guidance distributed on May 21, 1993, entitled ``Title V--Title IV
Interface Guidance for States.'' The LLCHD 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. The LLCHD has adopted by reference 40 CFR part 72.
b. 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. LLCHD has met these criteria as described in the following
topics:
(1) Section 112(d), (f), and (h).-EPA emissions standards. In
accordance with part 70, LLCHD will not issue any permit (or permit
revision addressing any emissions unit subject to a newly promulgated
section 112 standard) unless it would ensure compliance with all
applicable section 112 standards. Additionally, part 70 permits will be
reopened which have three or more years remaining before their
expiration date to incorporate any newly promulgated standard (section
70.7 (f)(1)(i)).
(2) General provisions. The Seitz memorandum notes that the
implementation of all current National Emission Standard for Hazardous
Air Pollutants (NESHAP) standards and future maximum achievable control
technology (MACT) (and residual risk) 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. EPA adopted the 40 CFR part 63, subpart A
General Provisions on February 28, 1994. Neither the state nor LincolnLancaster
has had an opportunity to adopt these provisions to date.
However, the intention is to adopt all applicable requirements as noted
in the general program description. EPA thus considers this requirement
to be met.
(3) Section 112 (g)-Case-by-Case MACT for modified/constructed and
reconstructed major toxic sources. The agency proposes to require best
available control technology for new and modified sources of air
toxics. In the absence of any EPA guidance/regulations defining caseby
-case MACT procedures and methods for determining agency equivalency
of Federal requirements at the time of agency program submittal, the
agency's submission should be adequate for the interim. LLCHD's intent
is to adopt Federal air toxic regulations expeditiously.
(4) Section 112 (i)(5)-early reductions. LLCHD has 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 the agency area has made a commitment to participate in the
early reductions program. The agency provides for incorporating
alternative emission limits into permits in section 8, paragraph
(B)(3).
(5) Section 112(j)-case-by-case MACT hammer. It is the agency's
intent to make case-by-case MACT determinations and to issue permits to
subject sources in accordance with the section 112(j) requirements.
Section 7(B)(2) requires newly subject sources to file a permit
application within 12 months of first becoming operational or otherwise
subject to the title V program. Section 7(B)(3) requires sources
subject to section 28 (MACT) to submit a permit application within 12
months of becoming operational. The agency would make its case-by-case
MACT determination after receipt of the permit application and prior to
permit issuance.
(6) 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. It is expected that the agency will request delegation of
future 112 standards/rules in accordance with the adoption-by-reference
procedures in 40 CFR part 63, subpart E, Sec. 63.91. Since the agency
has already adopted by reference the section 112(i) early reduction
rule (Section 27), EPA anticipates delegating this authority concurrent
with title V approval.
(7) Section 112(r)-accidental release plans. The agency has
provided for the section 112(r) requirements in its rules in section
8(K). 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 state (NDEQ), the state Emergency
Response Commission, and any local emergency planning committee; and
will require an annual certification in accordance with section 7(B),
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: section 7, paragraph (F)(2). The permit
requirement for a compliance schedule is listed in section 8, paragraph
(L)(3).
B. Options for Approval/Disapproval and Implications
The EPA is proposing to grant approval to the operating permits
program submitted by the LLCHD on November 12, 1993, and modified on
June 15, 1994. Prior to final action, LLCHD must: (1) Render a
modification of the definition ``applicable requirement,'' and (2)
modify the provisions related to title I modifications.
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 LLCHD 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 LLCHD's program for receiving delegation
of section 112 standards that are unchanged from Federal standards as
promulgated. This program for delegations only applies to sources
covered by the part 70 program.
III. Administrative Requirements
A. Request for Public Comments
The EPA is requesting comments on all aspects of this proposed
rule. Copies of LLCHD's 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:
[[Page 5887]] 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 March 2, 1995.
B. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Order defines
``significant'' regulatory action as one that is likely to lead to a
rule that may:
Have an annual effect on the economy of $100 million or more, or
adversely and materially affecting a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or state, local, or tribal governments or communities;
Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligation of recipients
thereof; and
Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.''
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB 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
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Interim approvals under section 502 of the Act do not create any
new requirements, but simply approve requirements that the state is
already imposing. Therefore, because the Federal operating permits
program approval does not impose any new requirements, I certify that
it does not have a significant impact on any small entities affected.
Moreover, due to the nature of the Federal-state relationship under the
Act, preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Act forbids EPA to base its actions concerning operating permits
programs 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). If the interim approval
is converted to a disapproval, it will not affect any existing LLCHD
requirements applicable to small entities. Federal disapproval of the
submittal does not affect its state enforceability. Moreover, EPA's
disapproval of the submittal does not impose a new Federal requirement.
Therefore, EPA certifies that this disapproval action does not have a
significant impact on a substantial number of small entities because it
does not remove existing LLCHD requirements nor does it substitute a
new Federal requirement.
List of Subjects in 40 CFR Part 70
Air pollution control, Intergovernmental relations, Operating
permits, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: January 6, 1995.
William Rice,
Acting Regional Administrator.
[FR Doc. 95-2335 Filed 1-30-95; 8:45 am]
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