[Federal Register Volume 64, Number 205 (Monday, October 25, 1999)]
[Rules and Regulations]
[Pages 57392-57393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27796]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[OK17-1-7410; FRL-6463-2]
Standards of Performance for New Stationary Sources (NSPS);
Supplemental Delegation of Authority to the State of Oklahoma
AGENCY: Environmental Protection Agency (EPA).
ACTION: Delegation of authority.
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SUMMARY: The purpose of this document is to inform the public that the
EPA approved the updated delegation of authority to the State of
Oklahoma for implementation and enforcement of NSPS. This action is in
response to a request from the Oklahoma Department of Environmental
Quality (ODEQ).
On November 2, 1998, the State of Oklahoma approved an emergency
rule that incorporates by reference EPA's New Source Performance
Standards in 40 CFR part 60. Both emergency and permanent rules
incorporating by reference the NSPS were adopted by the Environmental
Quality Board on September 15, 1998 and the permanent rules took effect
June 1, 1999. The State adopted all of the NSPS except subpart AAA, New
Residential Wood Heaters, and those sections that contain authorities
reserved by the EPA.
EFFECTIVE DATE: The effective date of the delegation of authority is
October 8, 1999.
ADDRESSES: The related materials in support of this action may be
requested by writing to the following address: Environmental Protection
Agency, Region 6, Air Planning Section (6PD-L),
[[Page 57393]]
1445 Ross Avenue, Dallas, Texas 75202-2733.
Oklahoma Department of Environmental Quality, Air Quality Division,
707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677.
FOR FURTHER INFORMATION CONTACT: Mr. Ken Boyce, Air Planning Section
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202, telephone: (214) 665-7259.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the Authority for delegation?
II. What was the existing delegation?
III. What is being delegated?
IV. What is not being delegated?
V. What about the NESHAP delegation agreement?
VI. Administrative requirements.
I. What is the Authority for Delegation?
Sections 110, 111(c)(1) and 301, of the Clean Air Act (ACT) as
amended November 15, 1990, authorize EPA to delegate authority to
implement and enforce the standards set out in 40 CFR part 60, NSPS.
II. What was the Existing Delegation?
The original delegation of NSPS authority to Oklahoma was granted
by EPA on March 25, 1982. This delegation was granted based on the
State incorporating the NSPS requirements into future permits;
therefore, the delegation excluded the authority to enforce the
standards against sources constructed or modified prior to the
effective date of the delegation.
III. What is Being Delegated?
On November 2, 1998, under the State's ``Emergency Rules'' statute
(75 Oklahoma Statue, supplement 1998, section 253, Statutes and
Reports), the State adopted emergency rules that incorporated by
reference the NSPS in 40 CFR part 60. Both emergency and permanent
rules were adopted by the Oklahoma Environmental Quality Board on
September 15, 1998, and both were signed by the Governor on November 2,
1998. While the emergency rules took effect on November 2, 1998, the
Oklahoma legislature reviewed and approved the permanent rules that
became effective on June 1, 1999.
After a thorough review of the newly adopted rule, the Regional
Administrator has determined that this action was appropriate for all
source categories constructed or modified prior to the effective date
of this delegation. All sources subject to the requirements of 40 CFR
part 60 will now be under the jurisdiction of the State as appropriate.
Since review of the pertinent laws, rules, and regulations for the
State has down them to be adequate for implementation and enforcement
authority, EPA hereby notifies the public that it has extended the
delegation of authority to all sources upon the effective date of the
Regional Administrator's letter. Based on ODEQ's additional authority,
EPA has updated the delegation agreement. This delegation is based upon
the State's incorporation by reference of NSPS which will apply
regardless of date. It is also important to note that EPA retains
concurrent enforcement authority.
IV. What is not Being Delegated?
It is important to note that no delegation authority is granted to
the ODEQ for Indian lands. In 1983, the President established a Federal
Indian Policy which emphasized the principle of Indian ``self-
government,'' and direct dealing with Indian Nations on a ``government-
to-government'' basis. We have adopted this policy for administration
of the environmental programs on Indian lands. Also, no authority is
delegated to the State for 40 CFR part 60, subpart AAA, Standards of
Performance for New Residential Wood Heaters.
V. What About the NESHAP Delegation Agreement?
This will not affect the 1982 delegation agreement with ODEQ for
NESHAPs. Any changes with that agreement will be addressed separately
in the future.
VI. Administrative Requirements
Under Executive Order (E.O.) 12866, Regulatory Planning and Review
(58 FR 51735, October 4, 1993), this action is not a ``significant
regulatory action'' and is therefore, not subject to review by the
Office of Management and Budget.
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996, does
not apply because this action is not a rule, as that term is defined in
5 U.S.C. 804(3).
Authority: This document is issued under the authority of
sections 101, 110, 111, and 301 of the Act, as Amended (42 U.S.C.
7401, 7410, 7411, and 7601).
Dated: October 7, 1999.
Jerry Clifford,
Acting Regional Administrator, Region 6.
[FR Doc. 99-27796 Filed 10-22-99; 8:45 am]
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