Approval of the Clean Air Act, Section 112(l), Delegation of Authority to the Oregon Department of Environmental Quality and Lane Regional Air Pollution Authority

The Environmental Protection Agency, Region 10 (EPA) approves the Oregon Department of Environmental Quality's (ODEQ) request, on behalf of itself and the Lane Regional Air Pollution Control Authority (LRAPA), for program approval and delegation of authority to implement and enforce certain National Emission Standards for Hazardous Air Pollutants (NESHAPs). Pursuant to the authority of section 112(l) of the Act, this approval is based on EPA's finding that state law, regulations, and agency resources meet the requirements for program approval and delegation of authority specified in regulations pertaining to the criteria for delegation common to all approval options, and in applicable EPA guidance (see 40 CFR 60.91). The purpose of this delegation is to acknowledge ODEQ and LRAPA's ability to implement a NESHAP program and to transfer primary implementation and enforcement responsibility from EPA to ODEQ and LRAPA. Although EPA will look to ODEQ and LRAPA as the leads for implementing the delegated NESHAPs in their respective jurisdictions, EPA retains authority under section 113 of the Act to enforce any applicable emission standard or requirement, if needed. With program approval, ODEQ and LRAPA may choose to request newly promulgated or updated standards by way of a streamlined request and approval process, described below. Concurrent with this direct final rule, EPA is publishing a proposed rule in today's Federal Register. If no adverse comments are received in response to the direct final rule, this rule will become final and no further activity is contemplated. If EPA receives adverse comments on the direct final rule, it will be withdrawn and all public comments will be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.