Federal Register, Volume 66 Issue 59 (Tuesday, March 27, 2001)

[Federal Register Volume 66, Number 59 (Tuesday, March 27, 2001)]
[Rules and Regulations]
[Pages 16606-16607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7516]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[SC-AT-2001-01; FRL-6956-1]


New Stationary Sources; Supplemental Delegation of Authority to 
the State of South Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of authority.

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SUMMARY: The South Carolina Department of Health and Environmental 
Control (SCDHEC or State agency) has requested that EPA approve the 
``adopt-by-reference'' mechanism for delegation of New Source 
Performance Standards (NSPS). The purpose of the State agency request 
for approval of its delegation mechanism is to streamline existing 
administrative procedures by eliminating any unnecessary steps involved 
in the federal delegation process. With this NSPS delegation mechanism 
in place, an NSPS promulgated by EPA will become effective in South 
Carolina on the date the NSPS is adopted if the State agency adopts the 
NSPS without change. No further State requests for delegation will be 
necessary. Likewise, no further Federal Register documents will be 
published. However, if an NSPS regulation is adopted by the State 
agency with changes, EPA reserves the right to review and comment on 
the revised NSPS. The State is required to notify EPA of the revisions. 
If EPA determines that the revisions are equivalent to the federal NSPS 
then delegation will occur and notice will be published in the Federal 
Register. EPA reserves the right to implement the federal NSPS directly 
and continues to retain concurrent enforcement authority.
    On October 19, 1976, the EPA initially delegated the authority for 
implementation and enforcement of the NSPS program to the State of 
South Carolina. The EPA's review of the State agency's 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 the State 
agency's new mechanism for delegation (adopt-by-reference) of NSPS.

EFFECTIVE DATE: The effective date is March 27, 2001.

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.
    South Carolina Department of Health and Environmental Control, 2600 
Bull Street, Columbia, South Carolina 29201-1708.
    Effective March 27, 2001, all requests, applications, reports and 
other correspondence required by any NSPS should not be submitted to 
the EPA Region 4 office, but should instead be submitted to the 
following address: South Carolina Department of Health and 
Environmental Control, 2600 Bull Street, Columbia, South Carolina 
29201-1708.

FOR FURTHER INFORMATION CONTACT: Katy Forney, Air & Radiation 
Technology Branch, Environmental Protection Agency, Region 4, 61 
Forsyth St. SW, Atlanta, Georgia 30303, 404-562-9130. E-mail: 
[email protected]

SUPPLEMENTARY INFORMATION: Section 301, in conjunction with sections 
110 and 111(c)(1) of the Clean Air Act as amended November 15, 1990, 
authorize EPA to delegate authority to implement and enforce the 
standards set out in 40 CFR part 60, New Source Performance Standards 
(NSPS).
    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.

[[Page 16607]]

 1. Subpart A--Secs. 60.8(b) (2) and (3), 60.11(e) (7) and (8), and 
60.13 (g), (i) and (j)(2)
 2. Subpart B--Secs. 60.22, 60.27 and 60.29
 3. Subpart Da--Sec. 60.45a
 4. Subpart Db--Secs. 60.44b(f), 60.44b(g) and 60.49b(a)(4)
 5. Subpart Dc--Sec. 60.48c(a)(4)
 6. Subpart Ec--Sec. 60.56(c)(i)
 7. Subpart J--Secs. 60.105(a)(13)(iii) and 60.106(i)(12)
 8. Subpart Ka--Sec. 60.114a
 9. Subpart Kb--Secs. 60.111b(f)(4), 60.114b, 60.116b(e)(3) (iii) and 
(iv) and 60.116b(f)(2)(iii)
10. Subpart O--Sec. 60.153(e)
11. Subpart EE--Sec. 60.316(d)
12. Subpart GG--Secs. 60.334(b)(2) and 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--Secs. 60.482-1(c)(2) and 60.484
18. Subpart WW--Sec. 60.496(c)
19. Subpart XX--Sec. 60.502(e)(6)
20. Subpart AAA--Secs. 60.531, 60.533, 60.534, 60.535, 60.536(i)(2), 
60.537, 60.538(e) and 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--Secs. 60.711(a)(16), 60.713(b)(1)(i), 
60.713(b)(1)(ii), 60.713(b)(5)(i), 60.713(d), 60.715(a) and 60.716
27. Subpart TTT--Secs. 60.723(b)(1), 60.723(b)(2)(i)(C), 
60.723(b)(2)(iv), 60.724(e) and 60.725(b)
28. Subpart VVV--Secs. 60.743(a)(3)(v) (A) and (B), 60.743(e), 
60.745(a) and 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 the NSPS, EPA hereby notifies the public that it is 
approving adoption-by-reference as the mechanism for delegation of the 
NSPS source categories upon publication of this Federal Register 
document.

Administrative Requirements

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866, entitled ``Regulatory Planning and 
Review.''
    The Congressional Review Act, as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.), 
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. However, section 808 allows the issuing 
agency to make a rule effective sooner than otherwise provided by the 
Congressional Review Act 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 [insert date of publication]. 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 document 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: March 8, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 01-7516 Filed 3-26-01; 8:45 am]
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