[Federal Register Volume 59, Number 48 (Friday, March 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5613]
[[Page Unknown]]
[Federal Register: March 11, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 61
[FRL-4848-3]
Delegation of Authority; Wyoming; National Emission Standards for
Hazardous Air Pollutants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; Delegation of authority.
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SUMMARY: EPA is providing notice that it granted delegation of
authority to the State of Wyoming on December 6, 1993 to implement and
enforce National Emission Standards for Hazardous Air Pollutants
(NESHAPs) for asbestos in 40 CFR part 61, subpart M, which were adopted
by the State. This is a result of a November 4, 1993 request for
delegation from the State.
EFFECTIVE DATE: This action became effective on December 6, 1993.
ADDRESSES: Copies of the State's submittal are available for public
inspection between 8 a.m. and 4 p.m. Monday through Friday at the
following office:
Environmental Protection Agency, Region VIII, Air Programs Branch, 999
18th Street, suite 500, Denver, CO 80202-2466.
FOR FURTHER INFORMATION CONTACT: Brenda South, Environmental Protection
Agency, Region VIII Air Programs Branch, suite 500, Denver, CO 80202-
2466, (303) 294-7685.
SUPPLEMENTARY INFORMATION: Section 112(d) of the Clean Air Act (CAA)
permits EPA to delegate to the States the authority to implement and
enforce standards set forth in 40 CFR part 61, (NESHAPs). On November
4, 1993, the State of Wyoming submitted revisions to its Asbestos
NESHAP regulations. The submittal included the addition of the
following Asbestos NESHAP categories: Manufacturing, fabricating,
insulating materials, waste disposal for manufacturing, inactive waste
disposal sites for manufacturing and fabricating operations, operations
that convert asbestos-containing waste material into nonasbestos
(asbestos-free) material. Pursuant to such submittal, on December 6,
1993, delegation was given with the following letter:
Honorable Mike Sullivan,
Governor, State of Wyoming, Office of the Governor, Cheyenne,
Wyoming 82002
Dear Governor Sullivan: On November 4, 1993, you submitted
several revisions and additions to the Wyoming Air Quality Standards
and Regulations (WAQSR). This letter addresses only those WAQSR that
pertain to the National Emission Standards for Hazardous Air
Pollutants (NESHAPs) for asbestos, i. e., section 29, Emission
Standards of Asbestos for Demolition, Renovation, Manufacturing,
Spraying and Fabricating Air Pollution Control Rules and
Regulations.
Subsequent to states adopting NESHAP regulations, the
Environmental Protection Agency (EPA) delegates the authority for
the implementation and enforcement of those NESHAPs so long as those
regulations are equivalent to, or more stringent than, the federal
regulations. EPA, therefore, is acting on the delegation of
authority to Wyoming for implementation and enforcement of one
NESHAP.
EPA has reviewed the pertinent statutes and regulations of the
State of Wyoming and has determined that they provide an adequate
and effective procedure for the implementation and enforcement of
the NESHAPs by the State of Wyoming. Therefore, pursuant to section
112(d) of the Clean Air Act (CAA), as amended, and 40 CFR part 61,
EPA hereby delegates its authority for the implementation and
enforcement of the NESHAPs to the State of Wyoming as follows.
(A) Responsibility for all covered sources located, or to be
located, in the State of Wyoming subject to the emission standards
for hazardous air pollutants promulgated in 40 CFR part 61 subpart
M. The category of hazardous air pollutant sources covered by this
delegation is as follows: Asbestos manufacturing, demolition and
renovation, spraying, fabricating, insulating materials, waste
disposal for manufacturing, fabricating, demolition, renovation and
spraying operations, inactive waste disposal sites for manufacturing
and fabricating operations, air-cleaning, reporting, active waste
disposal sites, and operations that convert asbestos-containing
waste material into nonasbestos (asbestos-free) material. This
delegation does not include the following category of sources:
asbestos mills, roadways, waste disposal for asbestos mills, and
inactive waste disposal for asbestos mills. EPA will retain the
authority to implement and enforce those categories of sources not
delegated to the State.
(B) Not all authorities of NESHAPs can be delegated to states
under Section 112(d) of the CAA. The EPA Administrator retains the
authority to implement those sections of NESHAPs that require: (1)
Approving equivalency determinations and alternative test methods;
(2) decision-making to ensure national consistency; and (3) EPA
rulemaking to implement. The following are the authorities in 40 CFR
part 61 subpart M that EPA cannot delegate to the State:
(i) Section 61.149(c)(2) pertains to an alternative emission
control and waste treatment method for waste disposal for asbestos
mills;
(ii) Section 61.150(a)(4) pertains to an alternative emission
control and waste treatment method for waste disposal for
manufacturing, fabricating, demolition, renovation, and spraying
operations;
(iii) Section 61.151(c) pertains to an alternative control
method for inactive waste disposal sites for asbestos mills and
manufacturing and fabrication operations;
(iv) Section 61.152(b)(3) pertains to the use of filtering
equipment other than described in paragraphs (a)(1) and (b)(1) and
(2) of Section 61.152 for air cleaning;
(v) Section 61.154(d) pertains to an alternative emission
control method for active waste disposal sites; and
(vi) Section 61.155(a) pertains to the construction of a
facility which converts asbestos-containing waste material into
nonasbestos (asbestos-free) material.
(C) As 40 CFR part 61 subpart M is updated by EPA, Wyoming must
revise its rules and regulations accordingly and in a timely manner
or such delegation will be revoked.
This delegation is based upon, and is a continuation of, the
same conditions as those stated in EPA's original delegation letter
of August 2, 1977, except that condition 6, relating to Federal
facilities, has been voided by the Clean Air Act Amendments of 1977.
It is also important to note that EPA retains concurrent enforcement
authority as stated in condition 3. If at any time there is a
conflict between a State and Federal Regulation (40 CFR part 61
subpart M), the Federal Regulation must be applied if it is more
stringent than that of the State, as stated in condition 9 of our
letter dated August 2, 1977.
In addition, whereas the original delegation letter pertained
only to NSPS, those conditions in the original delegation letter now
apply to the Asbestos NESHAP, as appropriate. (A copy of the August
2, 1977 letter was published in the notices section of the Federal
Register of September 15, 1977 (42 FR 46386), along with the
associated rulemaking notifying the public that certain reports and
applications required from operators of new or modified sources
shall be submitted to the State of Wyoming (42 FR 46304). Copies of
the Federal Register are enclosed for your convenience.)
Since this delegation is effective immediately, there is no need
for the State to notify the EPA of its acceptance. Unless we receive
written notice of objections from you within ten days of the date on
which you receive this letter, the State of Wyoming will be deemed
to have accepted all the terms of this delegation. An information
notice will be published in the Federal Register in the near future
informing the public of this delegation. This letter will appear in
such notice in its entirety.
Sincerely,
Jack W. McGraw,
Acting Regional Administrator
List of Subjects 40 CFR Part 61
Air pollution control, Arsenic, Asbestos, Benzene, Beryllium,
Hazardous substances, Mercury, Vinyl chloride.
Dated: March 1, 1994.
William P. Yellowtail,
Regional Administrator.
40 CFR part 61 is amended as follows:
PART 61--[AMENDED]
1. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. Secs. 101, 112, 114, 116, 301 Clean Air Act
as amended (42 U.S.C. 7401, 7412, 7414, 7416, 7601).
Subpart A--General Provisions
2. Section 61.04(c) is amended by revising the table to read as
follows:
Sec. 61.04 Address.
* * * * *
(c) * * *
Delegation Status of National Emission Standards for Hazardous Air Pollutants
[(NESHAPs) for Region VIII]
----------------------------------------------------------------------------------------------------------------
State
Subpart -----------------------------------------------------------------------
CO MT\1\ ND\1\ SD\1\ UT\1\ WY
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A. General Provisions................... (*) (*) (*) (*) (*) ..........
C. Beryllium............................ (*) (*) (*) .......... (*) ..........
D. Beryllium Rocket Motor Firing........ (*) (*) (*) .......... (*) ..........
E. Mercury.............................. (*) (*) (*) .......... (*) ..........
F. Vinyl Chloride....................... (*) (*) (*) .......... (*) ..........
J. Equipment Leaks (Fugitive Emission
Sources) of Benzene.................... (*) (*) (*) .......... (*) ..........
L. Benzene Emission From Coke By-Product
Recovery Plants........................ .......... (*) (*) .......... (*) ..........
M. Asbestos............................. (*) (*) (*) (*) (*) (*)\2\
N. Inorganic Arsenic Emissions From
Glass Manufacturing Plants............. .......... (*) (*) .......... (*) ..........
O. Inorganic Arsenic Emissions From
Primary Copper Smelters................ .......... (*) (*) .......... (*) ..........
P. Inorganic Arsenic Emissions From
Arsenic Trioxide and Metallic Arsenic
Production Facilities.................. .......... (*) (*) .......... (*) ..........
V. Equipment Leaks (Fugitive Emission
Sources)............................... .......... (*) (*) .......... (*) ..........
Y. Benzene Emissions From Benzene
Storage Vessels........................ .......... (*) (*) .......... (*) ..........
BB. Benzene Emissions From Benzene
Transfer Operations.................... .......... (*) (*) .......... (*) ..........
FF. Benzene Waste Operations............ .......... (*) .......... .......... (*) ..........
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(*)Indicates approval of state regulation.
\1\Indicates approval of National Emission Standards for Hazardous Air Pollutants as part of the State
Implementation Plan (SIP).
\2\Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations,
insulating materials, waste disposal for demolition, renovation, spraying, manufacturing and fabricating
operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that
convert asbestos-containing waste material into nonasbestos (asbestos-free) material.
[FR Doc. 94-5613 Filed 3-10-94; 8:45 am]
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