[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Rules and Regulations]
[Pages 50162-50163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25202]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[TN-AT-98-01; FRL-6163-4]
New Stationary Sources; Supplemental Delegation of Authority to
Tennessee and Nashville-Davidson, Tennessee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Delegation of Authority.
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SUMMARY: The State of Tennessee and Nashville-Davidson County,
Tennessee have requested that EPA delegate authority for implementation
and enforcement of existing New Source Performance Standards (NSPS)
which have been previously adopted by the State, but have remained
undelegated by EPA, and to approve the mechanism for delegation
(automatic) of future NSPS. The purpose of the agency requests for
approval of their delegation mechanism is to streamline the existing
administrative procedures by eliminating unnecessary steps involved in
taking delegation of federal NSPS regulations. With the new NSPS
delegation mechanism in place, once a new or revised NSPS is
promulgated by EPA, delegation of authority from EPA to the Tennessee
Department of Environment and Conservation and the Metropolitan Health
Department of Nashville and Davidson County will become effective on
the date the NSPS is promulgated. No further State or local requests
for delegation will be necessary. Likewise, no further Federal Register
notices will be published. The EPA's review of each of the agencies'
pertinent laws, rules, and regulations indicate that adequate and
effective procedures are in place for the implementation and
enforcement of these Federal standards. This document was written to
inform the public of delegations that were made to the above mentioned
agencies for which a Federal Register notice was not previously written
and to inform the public of the agencies' new mechanism for delegation
of future NSPS.
EFFECTIVE DATE: The effective date is September 21, 1998.
ADDRESSES: Copies of the request for delegation of authority and EPA's
letter of delegation are available for public inspection during normal
business hours at the following locations:
Environmental Protection Agency, Region 4, Air & Radiation Technology
Branch, 61 Forsyth Street, S.W., Atlanta, Georgia 30303
Tennessee Department of Environment and Conservation, Division of Air
Pollution Control, 9th Floor L&C Annex, 401 Church Street, Nashville,
Tennessee 37243-1531
Metropolitan Health Department of Nashville and Davidson County, Bureau
of Environmental Health Services, 311--23rd Avenue, North, Nashville,
Tennessee 37203,
Effective immediately, all requests, applications, reports and
other correspondence required pursuant to the delegated standards
should not be submitted to the Region 4 office, but should instead be
submitted to the following addresses:
Tennessee Department of Environment and Conservation, Division of Air
Pollution Control, 9th Floor L&C Annex, 401 Church Street, Nashville,
Tennessee 37243-1531
Metropolitan Health Department of Nashville and Davidson County, Bureau
of Environmental Health Services, 311--23rd Avenue, North, Nashville,
Tennessee 37203.
FOR FURTHER INFORMATION CONTACT: Ms. Katy Forney, Air & Radiation
Technology Branch, Environmental Protection Agency, Region 4, 61
Forsyth St. SW, Atlanta, Georgia 30303, 404-562-9130.
SUPPLEMENTARY INFORMATION: Section 301, in conjunction with Sections
110 and 111(c)(1) of the Clean Air Act as amended November 15, 1990,
authorizes EPA to delegate authority to implement and enforce the
standards set out in 40 CFR Part 60, New Source Performance Standards
(NSPS).
On April 11, 1980, the EPA initially delegated the authority for
implementation and enforcement of the NSPS program to the State of
Tennessee and on May 25, 1977, the NSPS program was initially delegated
to the Nashville-Davidson County local program. These agencies have
subsequently requested a delegation of authority for implementation and
enforcement of the previously adopted, undelegated Part 60 NSPS
categories listed below as well as future NSPS categories codified in
40 CFR Part 60.
The State of Tennessee:
Currently, no NSPS regulations are waiting delegation.
Nashville-Davidson County, Tennessee:
Delegation Requested on October 24, 1996:
40 CFR part 60, Subpart Ea, as amended 12-19-95
40 CFR part 60, Subpart Eb, promulgated 12-19-95
40 CFR part 60, Subpart WWW, promulgated 3-12-96
Delegation Requested on October 6, 1997:
40 CFR part 60, Subpart Ec, promulgated 9-15-97
All current NSPS categories are delegated with the exception of the
following sections within those subparts that may not be delegated.
Future NSPS regulations will contain a list of sections that will not
be delegated for that subpart.
1. Subpart A--Secs. 60.8(b) (1) through (5), Sec. 60.11(e) (7) and (8),
Sec. 60.13 (g), (i) and (j)(2)
2. Subpart B--Secs. 60.22, Sec. 60.27, and Sec. 60.29
3. Subpart Da--Sec. 60.45a
4. Subpart Db--Sec. 60.44b(f), Sec. 60.44b(g), Sec. 60.49b(a)(4)
5. Subpart Dc--Sec. 60.48c(a)(4)
6. Subpart Ec--Sec. 60.56(c)(i)
7. Subpart J--Sec. 60.105(a)(13)(iii), Sec. 60.106(i)(12)
8. Subpart Ka--Sec. 60.114a
[[Page 50163]]
9. Subpart Kb--Sec. 60.111b(f)(4), Sec. 60.114b, Sec. 60.116b(e)(3)
(iii) and (iv), Sec. 60.116b(f)(2)(iii)
10. Subpart O--Sec. 60.153(e)
11. Subpart EE--Sec. 60.316(d)
12. Subpart GG--Sec. 60.334(b)(2), Sec. 60.335(f)(1)
13. Subpart RR--Sec. 60.446(c)
14. Subpart SS--Sec. 60.456(d)
15. Subpart TT--Sec. 60.466(d)
16. Subpart UU--Sec. 60.474(g)
17. Subpart VV--Sec. 60.482-1(c)(2) and Sec. 60.484
18. Subpart WW--Sec. 60.496(c)
19. Subpart XX--Sec. 60.502(e)(6)
20. Subpart AAA--Sec. 60.533, Sec. 60.534, Sec. 60.535,
Sec. 60.536(i)(2), Sec. 60.537, Sec. 60.538(e), Sec. 60.539
21. Subpart BBB--Sec. 60.543(c)(2)(ii)(B)
22. Subpart DDD--Sec. 60.562-2(c)
23. Subpart III--Sec. 60.613(e)
24. Subpart NNN--Sec. 60.663(e)
25. Subpart RRR--Sec. 60.703(e)
26. Subpart SSS--Sec. 60.711(a)(16), Sec. 60.713(b)(1)(i),
Sec. 60.713(b)(1)(ii), Sec. 60.713(b)(5)(i), Sec. 60.713(d),
Sec. 60.715(a), Sec. 60.716
27. Subpart TTT--Sec. 60.723(b)(1), Sec. 60.723(b)(2)(i)(C),
Sec. 60.723(b)(2)(iv), Sec. 60.724(e), Sec. 60.725(b)
28. Subpart VVV--Sec. 60.743(a)(3)(v)(A) and (B), Sec. 60.743(e),
Sec. 60.745(a), Sec. 60.746
After a thorough review of the request, the Regional Administrator
determined that such a delegation was appropriate for all source
categories. All sources subject to the requirements of 40 CFR Part 60
will now be under the jurisdiction of the appropriate above mentioned
agency.
Since review of the pertinent laws, rules, and regulations for the
State and local agencies have shown them to be adequate for
implementation and enforcement of existing, previously adopted,
undelegated NSPS and future NSPS, EPA hereby notifies the public that
it has delegated the authority for existing, previously adopted and
undelegated NSPS as well as the mechanism for delegation (automatic) of
future NSPS source categories upon publication of this Federal Register
notice.
The Office of Management and Budget has exempted this rule from the
requirements of section 6 of Executive Order 12866.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added 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 notice is issued under the authority of sections
101, 110, 111, 112 and 301 of the Clean Air Act, as amended (42
U.S.C. 7401, 7410, 7411, 7412 and 7601).
Dated: September 8, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 98-25202 Filed 9-18-98; 8:45 am]
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