[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Rules and Regulations]
[Pages 50163-50164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25203]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[FL-AT-98-01; FRL-6163-5]
New Stationary Sources; Supplemental Delegation of Authority to
the State of Florida
AGENCY: Environmental Protection Agency (EPA).
ACTION: Delegation of Authority.
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SUMMARY: The State of Florida has 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 (adopt-by-reference) of future NSPS. The purpose of
Florida's request 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, formal delegation of
authority from EPA to the Florida Department of Environmental
Protection will become effective on the date that the NSPS is adopted
by the State of Florida without change. No further State requests for
delegation will be necessary. Likewise, no further Federal Register
notices will be published. If an NSPS regulation is adopted with
changes, EPA reserves the right to review and comment on the adopted
NSPS. The State will notify EPA, and in return, EPA will review any
State revisions and reserve the option to implement the NSPS regulation
directly, in which case a Federal Register notice will advise
accordingly. The EPA's review of Florida's pertinent laws, rules, and
regulations indicates 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 made to the State of Florida for which a Federal Register
notice was not previously written and to inform the public of Florida's
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
Florida Department of Environmental Protection, Division of Air
Resources Management, 2600 Blair Stone Road, Tallahassee, Florida
32399-2400.
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 address: Florida Department of Environmental
Protection, Division of Air Resources Management, 2600 Blair Stone
Road, Tallahassee, Florida 32399-2400.
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 June 10, 1982, the EPA initially delegated the authority for
implementation and enforcement of the NSPS program to the State of
Florida. The State of Florida 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.
1. Subpart Eb, adopted June 5, 1996
2. Subpart VV, adopted June 5, 1996
3. Subpart NNN, adopted June 5, 1996
4. Subpart QQQ, adopted June 5, 1996
5. Subpart RRR, adopted June 5, 1996
6. Subpart A, adopted October 7, 1996
7. Subpart Dc, adopted October 7, 1996
8. Subpart J, adopted October 7, 1996
9. Subpart VV, adopted October 7, 1996
10. Subpart WWW, adopted October 17, 1996
11. Subpart A, adopted February 24, 1997
12. Subpart X, adopted October 23, 1997
13. Subpart OOO, adopted October 23, 1997
14. Subpart Eb, adopted March 2, 1998
15. Subpart Ec, adopted March 2, 1998
All current NSPS categories are delegated with the exception of the
[[Page 50164]]
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--Sec. 60.8(b) (1) thru (5), Sec. 60.11(e) (7) and (8),
Sec. 60.13 (g), (i) and (j)(2)
2. Subpart B--Sec. 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
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
has determined that such a delegation request 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 State of Florida.
Since review of the pertinent laws, rules, and regulations for the
State agency has 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 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. 98-25203 Filed 9-18-98; 8:45 am]
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