[Federal Register Volume 65, Number 146 (Friday, July 28, 2000)]
[Rules and Regulations]
[Pages 46364-46365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19112]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[NC-AT-2000-01; FRL-6728-8]
New Stationary Sources; Supplemental Delegation of Authority to
the State of North Carolina
AGENCY: Environmental Protection Agency (EPA).
ACTION: Delegation of Authority.
-----------------------------------------------------------------------
SUMMARY: The State of North Carolina 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 agency but has 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 North Carolina Department of Environment, Health, and
Natural Resources (DEHNR) will become effective on the date the NSPS is
promulgated. No further State 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 notice 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 July 28, 2000.
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, SW., Atlanta, Georgia 30303
North Carolina Department of Environment, Health, & Natural Resources,
P.O. Box 29580, Raleigh, North Carolina 27626-0580
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: North Carolina Department of
Environment, Health, & Natural Resources, P.O. Box 29580, Raleigh,
North Carolina 27626-0580.
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 November 24, 1976, the EPA initially delegated the authority for
implementation and enforcement of the NSPS program to the State of
North Carolina. Currently, no existing NSPS regulations are awaiting
delegation for
[[Page 46365]]
the State of North Carolina. This agency has subsequently requested a
delegation of authority for implementation and enforcement of future
NSPS categories codified in 40 CFR part 60.
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--Sec. 60.8(b) (2) and (3), 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. 60.531, 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
29. Subpart WWW-- Sec. 60.754(a)(5)
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 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 (automatic) of future NSPS source
categories upon publication of this Federal Register notice.
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
The Congressional Review Act (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding, including
the reasons therefor, and established an effective date of July 28,
2000. EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
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: June 19, 2000.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 00-19112 Filed 7-27-00; 8:45 am]
BILLING CODE 6560-50-U