[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Rules and Regulations]
[Pages 13912-13914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5976]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 61
[FRL-5169-9]
Approval of Delegation of Authority; National Emission Standards
for Hazardous Air Pollutants; Radionuclides; Utah
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is granting delegation of authority to the State of Utah
to implement and enforce five National Emission Standards for Hazardous
Air Pollutants (NESHAP) for radionuclides. The Governor of Utah
requested delegation from EPA Region VIII in a letter dated June 4,
1993. EPA has reviewed the application and has reached a decision that
the State of Utah has satisfied all of the requirements necessary to
qualify for approval of delegation. The effect of this action allows
the State of Utah to implement and enforce specific radionuclide
NESHAP.
DATES: This action is effective May 15, 1995 unless adverse comments
are received by April 14, 1995. If the effective date is delayed due to
comments, timely notice will be published in the Federal Register.
ADDRESSES: Written comments should be submitted to Patricia D. Hull,
Director, Air, Radiation & Toxics Division, Environmental Protection
Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado
80202-2466 and concurrently to Russell A. Roberts, Director, Division
of Air Quality, Department of Environmental Quality, 1950 West North
Temple, Salt Lake City, Utah 84114-4820. A docket containing the State
of Utah's submittals are available for public inspection during normal
business hours at the above locations.
FOR FURTHER INFORMATION CONTACT: T. Scott Whitmore at (303) 293-1758.
SUPPLEMENTARY INFORMATION:
Background
Due to the unique nature of radionuclide materials, delegation of
authority to states to implement and enforce a NESHAP program for
radionuclides has not been automatic. EPA's regional offices have
traditionally assumed the lead responsibility for administering the
radionuclides NESHAP. Because of the EPA Administrator's commitment to
enable state and local governments, as partners, to implement and
enforce the requirements of the Clean Air Act as amended in 1990 (CAA),
EPA wishes to extend delegated authority for the radionuclides program
to the states.
The State of Utah received financial assistance from EPA to develop
the radiation expertise and experience in implementing and enforcing an
effective radionuclides NESHAP program. Under a radionuclides NESHAP
grant workplan, the Department of Environmental Quality, State of Utah,
has developed an approvable program which includes the following
regulatory elements: emission limits, test methods, reporting and
monitoring requirements, enforcement authority, surveillance and public
notification procedures. Accordingly, the Governor of Utah submitted a
letter, dated June 4, 1993, requesting delegation of authority to
implement and enforce the radionuclides NESHAP, 40 CFR part 61,
subparts B, Q, R, T, and W.
As required by 40 CFR 63.91(a)(2), the EPA is seeking public
comments for 30 days. The comments shall be submitted concurrently to
the State of Utah and to EPA. The State of Utah can then submit a
response to the comments to EPA.
EPA is approving the State of Utah's request for delegation as a
direct final rule without prior proposal because EPA views this as a
noncontroversial action and anticipates no adverse comments. If no
adverse comments are received in response to this rule, this Federal
Register document will serve as the final notice of the approval to
delegate the implementation and enforcement of this program. The
effective date will be 60 days from the date of this publication and no
further activity will be contemplated in relation to this rule. 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 the accompanying proposed rule which appears in the
Proposed Rule Section of this Federal Register. However, EPA will not
institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time.
Final Action
EPA has reviewed the pertinent statutes and regulations of the
State of Utah and the grant workplan accomplishments and has determined
that the State of Utah meets all of the statutory and regulatory
requirements established by Section 112 of the Clean Air Act as amended
in 1990 for the implementation and enforcement of the radionuclides
NESHAP. Therefore pursuant to section 112(l) of the Clean Air Act as
amended in 1990, 42 U.S.C. 7412(l), and 40 CFR 63.91, EPA hereby
delegates its authority for the implementation and enforcement of the
following National Emission Standards for Radionuclides for all sources
located, or to be located in the State of Utah:
(1) National Emission Standards for Radon Emissions from
Underground Uranium Mines (40 CFR part 61, subpart B),
(2) National Emission Standards for Radon Emissions from Department
of Energy Facilities (40 CFR part 61, subpart Q),
(3) National Emission Standards for Radon Emissions from
Phosphogypsum Stacks (40 CFR part 61, subpart R),
(4) National Emission Standards for Radon Emissions from the
Disposal of Uranium Mill Tailings (40 CFR part 61, subpart T). Note
that subpart T was amended on July 15, 1994 (59 FR 36283) and now only
applies to unlicensed disposal sites that are under the control of the
Department of Energy.
(5) National Emission Standards for Radon emissions from Operating
Mill Tailings (40 CFR part 61, subpart W).
Not all authorities for the NESHAP can be delegated to the state.
The EPA Administrator retains authority to implement those sections of
the NESHAP that require approval of equivalency determinations and
alternative test methods, decision-making to ensure national
consistency, and EPA rulemaking to implement including but not limited
to the following provisions of 40 CFR part 61:
(1) 40 CFR 61.04(b), which pertains to permitting the submission of
reports to the state only, instead of EPA and the state,
(2) 40 CFR 61.12(d)(1), which pertains to permitting an alternative
means of emission limitation,
(3) 40 CFR 61.13(h)(1)(ii), which pertains to approval of the use
of an alternative method of emission tests.
As the radionuclides NESHAP are updated, Utah should revise its
rules [[Page 13913]] and regulations accordingly and in a timely
manner.
EPA retains concurrent enforcement authority. If at any time there
is a conflict between the state and federal regulations, the federal
regulations must be applied if they are more stringent than the state
regulations.
Note that the only NESHAP for radionuclides for which Utah did not
request delegation and for which Utah may presently have sources is 40
CFR part 61, subpart I, National Emission Standards for Radionuclide
Emissions from Facilities Licensed by the Nuclear Regulatory Commission
and Federal Facilities Not Covered by subpart H. Subpart I was stayed
by EPA. The stay expired on November 15, 1992 and subpart I reporting
began on March 31, 1994.
Effective May 15, 1995 all notices, reports, and other
correspondence required under subparts B, Q, R, T, and W should be sent
to the State of Utah rather than to EPA Region VIII, Denver, Colorado.
List of Subjects in 40 CFR Part 61
Environmental protection, Air pollution control, Intergovernmental
relations, Radiation protection.
Dated: February 23, 1995.
Kerrigan Clough,
Acting Regional Administrator, Region VIII.
For reasons set forth in the preamble, 40 CFR part 61 is amended as
follows:
PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
1. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7412.
Subpart A--General Provisions
2. Section 61.04 is amended by revising paragraph (c) to read as
follows:
Sec. 61.04 Address.
* * * * *
(c) * * *
Region VIII.--Delegation Status of National Emission Standards for Hazardous Air Pollutants\1\
----------------------------------------------------------------------------------------------------------------
Subpart CO MT\2\ ND\2\ SD\2\ UT\2\ WY
----------------------------------------------------------------------------------------------------------------
A--General Provisions............. (*) (*) (*) (*) (*) ...........
B--Radon Emissions from
Underground Uranium Mines........ ........... ........... ........... ........... (*) ...........
C--Beryllium...................... (*) (*) (*) ........... (*) ...........
D--Beryllium Rocket Motor Firing.. (*) (*) (*) ........... (*) ...........
E--Mercury........................ (*) (*) (*) ........... (*) ...........
F--Vinyl Chloride................. (*) (*) (*) ........... (*) ...........
H--Emissions of Radionuclides
other than Radon from Department
of Energy Facilities............. ........... ........... ........... ........... ........... ...........
I--Radionuclide Emissions from
Facilities Licensed by the
Nuclear Regulatory Commission and
Federal Facilities not covered by
Subpart H........................ ........... ........... ........... ........... ........... ...........
J--Equipment Leaks (Fugitive
Emission Sources) of Benzene..... (*) (*) (*) ........... (*) ...........
K--Radionuclide Emissions from
Elemental Phosphorus Plants...... ........... ........... ........... ........... ........... ...........
L--Benzene Emissions from Coke By-
Product Recovery Plants.......... ........... (*) (*) ........... (*) ...........
M--Asbestos....................... (*) (*) (*) (*) (*) \3\(*)
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....................... ........... (*) (*) ........... (*) ...........
Q--Radon Emissions from Department
of Energy Facilities............. ........... ........... ........... ........... (*) ...........
R--Radon Emission from
Phosphogypsum Stacks............. ........... ........... ........... ........... (*) ...........
T--Radon Emissions from the
Disposal of Uranium Mill Tailings ........... ........... ........... ........... (*) ...........
V--Equipment Leaks (Fugitive
Emission Sources)................ ........... (*) (*) ........... (*) ...........
W--Radon Emissions from Operating
Mill Tailings.................... ........... ........... ........... ........... (*) ...........
Y--Benzene Emissions from Benzene
Storage Vessels.................. ........... (*) (*) ........... (*) ...........
BB--Benzene Emission from Benzene
Transfer Operations.............. ........... (*) (*) ........... (*) ...........
FF--Benzene Waste Operations...... ........... (*) ........... ........... (*) ...........
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(*)Indicates approval of delegation of subpart to state.
\1\Authorities which may not be delegated include 40 CFR 61.04(b), 61.12(d)(1), 61.13(h)(1)(ii), 61.112(c),
61.164(a)(2), 61.164(a)(3), 61.172(b)(2)(ii)(B), 61.172(b)(2)(ii)(C), 61.174(a)(2), 61.174(a)(3), 61.242-
1(c)(2), 61.244, and all authorities listed as not delegable in each subpart under Delegation of Authority.
\2\Indicates approval of National Emission Standards for Hazardous Air Pollutants as part of the State
Implementation Plan (SIP) with the exception of the radionuclide NESHAP Subparts B, Q, R, T, W which were
approved through Section 112(l) of the Clean Air Act.
\3\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.
[[Page 13914]] [FR Doc. 95-5976 Filed 3-14-95; 8:45 am]
BILLING CODE 6560-50-P
