[Federal Register Volume 67, Number 50 (Thursday, March 14, 2002)]
[Rules and Regulations]
[Pages 11417-11424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5603]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 61 and 63
[FRL-7153-2]
Approval of the Clean Air Act Section 111 and 112 Delegation of
Authority Updates to the Washington State Department of Ecology, Benton
Clean Air Authority, Northwest Air Pollution Authority, Puget Sound
Clean Air Agency, and Spokane County Air Pollution Control Authority
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: Environmental Protection Agency, Region 10 (EPA) is providing
public notice of actions which are already final. EPA updated
delegation of authority for National Emission Standards for Hazardous
Air Pollutants (NESHAP) to the Washington State Department of Ecology
(Ecology), Benton Clean Air Authority (BCAA), Northwest Air Pollution
Authority (NWAPA), Puget Sound Clean Air Agency (PSCAA), and Spokane
County Air Pollution Control Authority (SCAPCA). EPA also delegated of
authority for the Consolidated Air Rule (CAR) to Ecology, BCAA, and
SCAPCA.
EPA is publishing informational tables in the regulations for
NESHAPs and NESHAP source categories that show which subparts these
agencies now have authority to implement and enforce. EPA is also
publishing revisions to the names and addresses of Region 10 air
agencies.
DATES: This rule is effective April 15, 2002.
ADDRESSES: Copies of information supporting this action are available
for inspection during normal business hours at the following location:
EPA, Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle,
Washington 98101.
FOR FURTHER INFORMATION CONTACT: Tracy Oliver, Office of Air Quality
(OAQ-107), EPA, Seattle, Washington, (206) 553-1172.
SUPPLEMENTARY INFORMATION:
Contents
I. Background and Purpose
a. What is the NESHAP program?
b. What is the Consolidated Air Rule (CAR)?
c. What is the purpose of delegating authority for NESHAPs and
the CAR?
d. What is the background on delegation to these agencies?
e. How were these actions taken and why is this action being
published?
II. Implications
a. What specific subparts were delegated?
b. What are the conditions of these delegations?
c. What does updated delegation mean for these agencies?
d. What does updated delegation mean for affected sources?
III. Summary
IV. Administrative Requirements
a. Executive Orders 12866 and 13045
b. Executive Order 13132
c. Executive Order 13084
d. Regulatory Flexibility Act
e. Unfunded Mandates
f. Submission to Congress and the Comptroller General
g. Petitions for Judicial Review
I. Background and Purpose
h. What is the NESHAP program?
Hazardous air pollutants are defined in the Clean Air Act (Act) as
pollutants that threaten human health through inhalation or other type
of exposure. These pollutants are commonly referred to as ``air
toxics'' and are listed in Section 112(b)(1) of the Act.
National Emission Standards for Hazardous Air Pollutants (NESHAPs)
control emissions of hazardous air pollutants from specific source
categories and implement the requirements of Section 112 of the Act.
These standards are found in 40 CFR parts 61 and 63.
Section 112(l) of the Act enables EPA to approve state and local
air toxics programs or rules such that these agencies can accept
delegation of authority for implementing and enforcing the NESHAPs.
Typically, a state or local agency requests delegation based on federal
rules adopted unchanged into state or local rules.
Pursuant to the authority of Section 112(l) of the Act, EPA
previously delegated authority to Ecology, BCAA, NWAPA, PSCAA, and
SCAPCA through a formal rule-making process. At the time of delegation,
EPA also approved streamlined procedures for requesting and approving
delegation of new or updated NESHAPs.
The streamlined process for updating delegation is as follows: (1)
The requesting agency sends a letter to EPA asking for delegation of
new and/or revised NESHAPS that have been adopted unchanged into their
regulations; (2) EPA sends a letter of response granting this
delegation request (or explaining why it cannot be granted); (3) the
agency does not need to send a response back to EPA; (4) if EPA does
not receive a negative response from the requesting agency within 10
days of the signature date of EPA's letter, then the updated delegation
becomes final 10 days after the date of EPA's letter.
i. What is the Consolidated Air Rule (CAR)?
The Consolidated Federal Air Rule (CAR) is a pilot rulemaking
originating from President Clinton's March 16, 1995 initiative to
reinvent environmental regulations. This rule consolidates major
portions of the following New Source Performance Standards (NSPS) and
National Emission Standards for Hazardous Air Pollutants (NESHAP)
applicable to storage vessels, process vents, transfer operations, and
equipment leaks within the Synthetic Organic Chemical Manufacturing
Industry (SOCMI): 40 CFR part 60, subparts A, Ka, Kb, VV, DDD, III,
NNN, and RRR; 40 CFR part 61, subparts A, V, Y, and BB; and 40 CFR part
63, subparts A, F, G, and H.
The CAR gathers together applicable Federal SOCMI rules to form one
[[Page 11418]]
integrated set of rules. It is an optional compliance alternative for
SOCMI sources; sources may choose to comply with the consolidated rule
or simply continue to comply with existing applicable rules. The intent
of this consolidation is to improve understandability, reduce burden,
clarify requirements, and improve implementation and compliance.
The CAR is not a new rule per se, but a repackaging of existing
rules. It requires a separate delegation because it consists of new
subparts in a new part of the CFR. Because it consolidates and
streamlines existing rules--which may already be delegated--EPA can
delegate the CAR with no additional burden other than notification.
Consequently, EPA approved Ecology, BCAA, and SCAPCA's CAR delegation
requests using the same streamlined approval procedures described
above.
j. What is the purpose of delegating authority for NESHAPs and the CAR?
One of the goals of the Clean Air Act is to place state and local
governments in positions of leadership for air pollution prevention and
control. Consistent with the Act, the NESHAP program and the CAR allow
EPA to transfer primary implementation and enforcement responsibility
to state and local agencies, provided they request delegation and
demonstrate adequate resources, procedures, and authority. As with all
delegations, EPA retains authority under Section 113 of the Act to
implement and enforce any federal air quality standard if needed,
including NESHAPs and the CAR.
d. What is the background on delegation to these agencies?
In the past, EPA delegated authority to implement and enforce
certain NESHAPs to Ecology, BCAA, NWAPA, PSCAA, and SCAPCA through
formal rule-making. (For Ecology, BCAA, and SCAPCA see 66 FR 35115 and
66 FR 48221; for NWAPA and PSCAA see 63 FR 66054, 63 FR 7793, 64 FR
19719, 65 FR 10391, and 66 FR 14320) These delegations were based on
EPA's determination that they have adequate resources and authority to
carry-out this responsibility in a manner comparable to EPA.
Recently, all these agencies requested updated delegation of
NESHAPs and some requested delegation of the CAR based on
implementation of state or local rules that adopt new or more current
federal rules by reference. EPA approved these requests because these
agencies continue to meet the requirements for delegation.
e. How were these actions taken and why is this action being published?
The purpose of this notice is to notify the public of actions
already taken by EPA to delegate new and more current NESHAP standards
to Ecology, BCAA, NWAPA, PSCAA, SCAPCA and the CAR to Ecology, BCAA,
and SCAPCA. These actions were taken by letter approval as follows:
Ecology--Letter from Ms. Barbara McAllister, Director, EPA, Region
10, Office of Air to Ms. Mary Burg, Program Manager, Air Quality
Program, Ecology, signed February 8, 2002, effective February 18, 2002.
BCAA--Letter from Ms. Barbara McAllister, Director, EPA, Region 10,
Office of Air to Dr. David Lauer, Executive Director, BCAA, signed
February 8, 2002, effective February 18, 2002.
NWAPA--Letter from Ms. Barbara McAllister, Director, EPA, Region
10, Office of Air Quality to Mr. James Randles, Director, NWAPA, signed
February 8, 2002, effective February 18, 2002.
PSCAA--Letter from Ms. Barbara McAllister, Director, EPA, Region
10, Office of Air to Mr. Dennis McLerran, Air Pollution Control
Officer, PSCAA, signed February 8, 2002, effective February 18, 2002.
SCAPCA--Letter from Ms. Barbara McAllister, Director, EPA, Region
10, Office of Air to Mr. Eric P. Skelton, Director, SCAPCA, signed
February 8, 2002, effective February 18, 2002.
These delegations were effective ten days after the signature date.
If an agency did not agree to the terms of their delegation, they could
submit a written Notice of Objection within 10 days and EPA would
withdraw the delegation. No agency submitted a Notice of Objection.
II. Implications
a. What specific subparts were delegated?
Ecology's updated delegation of authority covers standards
promulgated and revised as of the dates specified in WAC-173-400-075,
amended on August 15, 2001. These are as follows: 40 CFR part 61 and
Appendices in affect on February 20, 2001, except Subparts B, H, I, K,
Q, R, T, W and M as it applies to nonmajor sources; 40 CFR part 63 and
Appendices in effect on February 20, 2001, except Subparts C, E, and M
as it applies to nonmajor sources; 40 CFR part 63 subpart MM in effect
on March 13, 2001; and 40 CFR part 65 in effect December 14, 2000. New
or revised NESHAP and CAR subparts that become effective after the
dates cited here are not delegated to Ecology; these remain the
responsibility of EPA.
BCAA's updated delegation of authority covers standards promulgated
and revised as of the dates specified in WAC-173-400-075, amended on
August 15, 2001. These are as follows: 40 CFR part 61 and Appendices in
effect on February 20, 2001, except Subparts B, H, I, K, Q, R, T, and
W; 40 CFR part 63 and Appendices in effect on February 20, 2001, except
Subparts C, E, S, LL and M as it applies to nonmajor sources; 40 CFR
part 65 in effect December 14, 2000. New or revised NESHAP and CAR
subparts that become effective after the dates cited here are not
delegated to BCAA; these remain the responsibility of EPA.
NWAPA's updated delegation of authority covers standards
promulgated and revised before July 1, 2000, except as specified in
NWAPA's Regulation Section 104.2, amended on June 14, 2001. The
delegation excludes: 40 CFR part 61, Subparts B, H, I, K, Q, R, T, and
W; and 40 CFR part 63, Subparts LL and S as it applies to Kraft and
Sulfite Pulping Mills. New or revised NESHAPs that become effective
after July 1, 2001 are not delegated to NWAPA; these remain the
responsibility of EPA.
PSCAA's updated delegation of authority covers standards
promulgated and revised prior to July 1, 2001 as specified in PSCAA
Regulation I, Section 6.11, amended on September 13, 2001. The
delegation excludes: 40 CFR part 61, Subparts B, H, I, K, Q, R, T, and
W; and 40 CFR part 63, Subparts LL and S as it applies to Kraft and
Sulfite Pulping Mills. New or revised NESHAPs that become effective
after July 1, 2001 are not delegated to PSCAA; these remain the
responsibility of EPA.
SCAPCA's updated delegation of authority covers standards
promulgated and revised as of the dates specified in WAC-173-400-075,
amended on August 15, 2001. These are as follows: 40 CFR part 61 and
Appendices in effect on February 20, 2001, except Subparts B, H, I, K,
Q, R, T, and W; 40 CFR part 63 and Appendices in effect on February 20,
2001 except Subparts C, E, LL, M as it applies to nonmajor sources, and
S as it applies to Kraft and Sulfite Pulping Mills; 40 CFR part 65 in
effect December 14, 2000. New or revised NESHAP and CAR subparts that
become effective after the dates cited here are not delegated to
SCAPCA; these remain the responsibility of EPA.
b. What are the conditions of these delegations?
These delegations are subject to all federal law, policy, guidance
and
[[Page 11419]]
determinations pursuant to 40 CFR parts 61, 63, and 65. Some
authorities cannot be delegated and are retained by EPA. These include:
(1) certain authorities in the General Provisions of Parts 61 and 63;
(2) specific provisions within some Part 61 and 63 subparts; and (3)
for those agencies receiving delegation of the CAR, 40 CFR part 65,
Sec. 65.8 and Sec. 65.46 of subpart C, and Sec. 65.102 of subpart F.
In general, EPA does not delegate any authorities that require
implementation through formal rulemaking or where Federal overview is
the only way to ensure national consistency in the application of the
standards or requirements of the Act. Examples of the types of
authorities EPA retains are: equivalency determinations, approval of
alternative test methods, decisions where federal oversight is needed
to ensure national consistency, and decisions that require rulemaking
to implement. The authorities listed in the table below are the
specific General Provision authorities that cannot be delegated to any
state or local agency and are retained by EPA
Table 1.--Part 61 and 63 General Provisions Authorities That Cannot Be
Delegated
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Section Authorities
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61.04(b)..................... Waiver of Recordkeeping.
61.12(d)(1).................. Approval of Alternative Means of Emission
Limitation.
61.13(h)(1)(ii).............. Approval of Major Alternatives to Test
Methods.
61.14(g)(1)(ii).............. Approval of Major Alternatives to
Monitoring.
61.16........................ Availability of Information.
61.16........................ Availability of Information.
61.53(c)(4).................. List of Approved Design, Maintenance, and
Housekeeping Practices for Mercury
Chloralki Plants.
63.6(g)...................... Approval of Alternative Non-Opacity
Emission Standards.
63.6(h)(9)................... Approval of Alternative Opacity Standard.
63.7(e)(2)(ii) and (f)....... Approval of Major Alternative to Test
Methods.
63.8(f)...................... Approval of Major Alternatives to
Monitoring.
63.10(f)..................... Waiver of Recordkeeping--all.
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The reader should refer to 40 CFR 63.90 as well as each agency's
original delegation for more information about which General Provisions
are delegated and which are reserved by EPA. For information about
specific exclusions within a particular standard, the reader should
refer to that specific subpart in 40 CFR parts 61, 63, and 65.
c. What does updated delegation mean for these agencies?
Ecology, BCAA, NWAPA, PSCAA, and SCAPCA are the primary
implementation and enforcement authority for delegated standards. They
are the recipient of notifications and reports and the point of contact
for most questions and compliance issues. They work directly with
owners and operators of affected facilities subject to delegated
standards to ensure all required information is submitted to them. EPA
ensures that this information is submitted to EPA upon request.
EPA requests that these agencies meet certain reporting
requirements. For example, EPA requires submission of source data,
compliance information, copies of determinations, copies of
notifications pertaining to continuous opacity monitoring use, and
copies of information about changes to test methods and monitoring.
More detail about these requirements are provided in Ecology, BCAA,
NWAPA, PSCAA, and SCAPCA's original delegations.
d. What does updated delegation mean for affected sources?
Sources who are subject to delegated NESHAPs or the CAR will send
notifications and reports to their respective agency, except for
notifications, reports, and requests that pertain to authorities that
are not delegated. The later should be sent to EPA. (see above, ``What
are the conditions of these delegations?'')
III. Summary
This document provides public notice of updates to NESHAP and CAR
delegations for Ecology, BCAA, NWAPA, PSCAA, and SCAPCA. These
delegations are already final and were granted by letter approval from
the Director, Office of Air Quality, EPA, Region 10, to the air program
directors at Ecology, BCAA, NWAPA, PSCAA, and SCAPCA. These delegations
are subject to all Federal law, policy, guidance and determinations
issued pursuant to 40 CFR parts 61, 63, and 65. Copies of delegation
letters can be obtained by contacting EPA at the address above.
IV. Administrative Requirements
a. Executive Orders 12866 and 13045
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under Executive Order 12866, entitled
``Regulatory Planning and Review.''
This rule is not subject to Executive Order 13045, entitled,
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
Executive Order 12866.
b. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by state and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by state and local governments, or EPA
consults with state and local officials early in the process of
developing the proposed regulation. The EPA also may not issue a
regulation that has federalism implications and that preempts state law
unless the Agency consults with state and local
[[Page 11420]]
officials early in the process of developing the proposed regulation.
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132, because it merely approves a state
program and rules implementing a Federal standard, and does not alter
the relationship or the distribution of power and responsibilities
established in the CAA. Thus, Executive Order 13132 does not apply to
this rule.
Although Section 6 of the Executive Order does not apply to this
rule, EPA did consult with representatives of state government in
developing this rule, and this rule is in response to the State's
delegation request.
c. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
This rule does not significantly or uniquely affect the communities
of Indian tribal governments. This action does not involve or impose
any requirements that affect Indian Tribes. Accordingly, the
requirements of Section 3(b) of Executive Order 13084 do not apply to
this rule.
d. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 600 et seq.,
EPA must prepare a regulatory flexibility analysis assessing the impact
of any rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA
may certify that the rule will not have a significant economic impact
on a substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small government
entities with jurisdiction over populations of less than 50,000.
Delegation of authority to implement and enforce unchanged federal
standards under Section 112(l) of the CAA does not create any new
requirements but simply transfers primary implementation authorities to
the state (or local) agency. Therefore, because this action does not
impose any new requirements, I certify that it does not have a
significant impact on any small entities affected.
e. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to state, local, or tribal governments in the aggregate,
or to private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the delegation action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either state, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under state or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to state, local,
or tribal governments, or to the private sector, result from this
action.
f. Submission to Congress and the Comptroller General
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. 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 rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
g. Petitions for Judicial Review
Under Section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 13, 2002. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see Section 307(b)(2)).
List of Subjects
40 CFR Part 61
Environmental protection, Air pollution control, Arsenic, Asbestos,
Benzene, Beryllium, Hazardous substances, Mercury, Radionuclides,
Radon, Reporting and recordkeeping requirements, Uranium, Vinyl
chloride.
40 CFR Part 63
Administrative practice and procedure, Air pollution control,
Hazardous substances, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: February 20, 2002.
Ron Kreizenbeck,
Acting Regional Administrator, Region 10.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR parts 61 and 63 as follows:
PART 61--[AMENDED]
1. The authority citation for Part 61 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
2. Section 61.04 is amended by adding paragraph (b)(N); revising
paragraphs (b)(C); (b)(MM) introductory text, (b)(MM)(i) through (vii);
(b)(WW) and (c)(10) to read as follows:
Sec. 61.04 Addresses.
* * * * *
(b) * * *
(C) State of Alaska. (i) Alaska Department of Environmental
Conservation (ADEC), 410 Willoughby
[[Page 11421]]
Avenue, Suite 303, Juneau, AK 99801-1795, http://www.state.ak.us/local/akpages/ENV.CONSERV/home.htm.
(ii) See paragraph (c)(10) of this section for a table indicating
the delegation status of National Emission Standards for Hazardous Air
Pollutants for Region 10--Alaska, Idaho, Oregon, and Washington.
* * * * *
(N) State of Idaho. (i) Idaho Department of Environmental
Conservation (IDEQ), 1410 N. Hilton, Boise, ID 83706, http://www2.state.id.us/deq/.
(ii) See paragraph (c)(10) of this section for a table indicating
the delegation status of National Emission Standards for Hazardous Air
Pollutants for Region 10--Alaska, Idaho, Oregon, and Washington.
* * * * *
(MM) State of Oregon. (i) Oregon Department of Environmental
Quality (ODEQ), 811 SW Sixth Ave, Portland, OR 97204-1390, http://www.deq.state.or.us/.
(ii) Lane Regional Air Pollution Authority (LRAPA), 1010 Main
Street, Springfield, Oregon 97477, http://www.lrapa.org.
(iii) See paragraph (c)(10) of this section for a table indicating
the delegation status of National Emission Standards for Hazardous Air
Pollutants for Region 10--Alaska, Idaho, Oregon, and Washington.
(iv)-(vii) [Reserved]
* * * * *
(WW) State of Washington. (i) Washington State Department of
Ecology (Ecology), P.O. Box 47600, Olympia, WA 98504-7600, http://www.ecy.wa.gov/.
(ii) Benton Clean Air Authority (BCAA), 650 George Washington Way,
Richland, WA 99352-4289, http://www.bcaa.net/.
(iii) Northwest Air Pollution Control Authority (NWAPA), 1600 South
Second St., Mount Vernon, WA 98273-5202, http://www.nwair.org/.
(iv) Olympic Air Pollution Control Authority (OAPCA), 909 Sleater-
Kinney Road S.E., Suite 1, Lacey, WA 98503-1128, http://www.oapca.org/.
(v) Puget Sound Clean Air Agency (PSCAA), 110 Union Street, Suite
500, Seattle, WA 98101-2038, http://www.pscleanair.org/.
(vi) Spokane County Air Pollution Control Authority (SCAPCA), West
1101 College, Suite 403, Spokane, WA 9920, http://www.scapca.org/.
(vii) Southwest Clean Air Agency (SWCAA), 1308 NE 134th St.,
Vancouver, WA 98685-2747, http://www.swcleanair.org/.
(viii) Yakima Regional Clean Air Agency (YRCAA), Larson Building,
Suite 1016, 6 South 2nd St., Yakima WA 98901, http://co.yakima.wa.us/cleanair/default.htm.
(ix) See paragraph (c)(10) of this section for a table indicating
the delegation status of National Emission Standards for Hazardous Air
Pollutants for Region 10--Alaska, Idaho, Oregon, and Washington.
* * * * *
(c) * * *
(10) The following table lists the delegation status of specific
Part 61 Subparts that have been delegated unchanged to state and local
air pollution control agencies in Region 10. An ``X'' indicates the
subpart has been delegated, subject to all the conditions and
limitations set forth in federal law, regulations, policy, guidance,
and determinations. Some authorities cannot be delegated and are
retained by EPA. These include certain General Provisions authorities
and specific parts of some standards. The dates noted at the end of
this table indicate the effective dates of federal rules that have been
delegated. Any amendments made to these rules after this effective date
are not delegated.
[[Page 11422]]
Delegation Status for Part 61 Standards--Region 10 \1\
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40 CFR Part 61, Subparts \2\ ADEC \3\ IDEQ \4\ ODEQ \5\ LRAPA \6\ Ecology \7\ BCAA \8\ NWAPA \9\ OAPCA \10\ PSCAA \11\ SCAPCA \12\ SWAPCA \13\ YRCAA \14\
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A General Provisions \15\.... X \4\ X X X X X X X X X
B Radon from Underground
Uranium Mines.
C Beryllium.................. \4\ X X X X X X X X X
D Beryllium Rocket Motor \4\ X .......... ........... X X X X X X
Firing.
E Mercury.................... X \4\ X X X X X X X X X
F Vinyl Chloride............. \4\ X X X X X X X X X
H Emissions of Radionuclides
other than Radon from Dept of
Energy facilities.
I Radionuclides from Federal
Facilities other than Nuclear
Regulatory Commission
Licensees and not covered by
Subpart H.
J Equipment Leaks of Benzene. X \4\ X X X X X X X X X
K Radionuclides from
Elemental Phosphorus Plants.
L Benzene from Coke Recovery. \4\ X X X X X X X X X
M Asbestos................... \3\ X \4\ X \7\ X \8\ X X \10\ X X X X X
N Arsenic from Glass Plants.. \4\ X X X X X X X X X
O Arsenic from Primary Copper \4\ X X X X X X X X X
Smelters.
P Arsenic from Arsenic \4\ X X X X X X X X X
Production Facilities.
Q Radon from Dept of Energy
facilities.
R Radon from Phosphogypsum
Stacks.
T Radon from Disposal of \4\ X
Uranium Mill Tailings.
V Equipment Leaks............ X \4\ X X X X X X X X X
W Radon from Operating Mill
Tailings.
Y Benzene from Benzene X \4\ X X X X X X X X X
Storage Vessels.
BB Benzene from Benzene \4\ X X X X X X X X X
Transfer Operations.
FF Benzene Waste Operations.. X X X X X X X X X
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\1\ Table last updated on April 15, 2002.
\2\ Any authority within any Subpart of this Part that is identified as not delegatable, is not delegated.
\3\ Alaska Department of Environmental Conservation (01/18/1997). Note: Alaska received delegation for Sec. 61.145 and Sec. 61.154 of Subpart M (Asbestos), along with other sections and
appendices which are referenced in Sec. 61.145, as Sec. 61.145 applies to sources required to obtain an operating permit under Alaska's regulations. Alaska has not received delegation for
Subpart M for sources not required to obtain an operating permit under Alaska's regulations.
\4\ Idaho Department of Environmental Quality (07/01/2000). Note: Delegation of these 40 CFR Part 61, Subparts applies only to those sources in Idaho required to obtain an operating permit
under Title V of the Clean Air Act.
\5\ Oregon Department of Environmental Quality.
\6\ Lane Regional Air Pollution Authority.
\7\ Washington Department of Ecology (02/20/2001). Note: Delegation of 40 CFR Part 63, Subpart M applies only to sources required to obtain an operating permit under Title V of the Clean Air
Act, including Hanford. (Pursuant to RCW 70.105.240, only Ecology can enforce regulations at Hanford).
\8\ Benton Clean Air Authority (02/20/2001). Note: Delegation of 40 CFR Part 63, Subpart M excludes Hanford, see footnote 7.
\9\ Northwest Air Pollution Authority (07/01/2000).
\10\ Olympic Air Pollution Control Authority (07/01/2000). Note: Delegation of 40 CFR Part 63, Subpart M applies only to sources required to obtain an operating permit under Title V of the
Clean Air Act.
\11\ Puget Sound Clean Air Agency (07/01/2001).
\12\ Spokane County Air Pollution Control Authority (02/20/2001).
\13\ Southwest Air Pollution Control Authority (08/01/1998).
\14\ Yakima Regional Clean Air Authority (07/01/2000).
\15\ General Provisions Authorities which are not delegated include approval of major alternatives to test methods, approval of major alternatives to monitoring, and any sections in the
subparts pertaining to approval of alternative standards (i.e., alternative means of emission limitations). For definitions of minor, intermediate, and major alternatives to test methods and
monitoring, see 40 CFR 63.90.
[[Page 11423]]
PART 63--[AMENDED]
1. The authority citation for Part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et. seq.
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
2. Section 63.99 is amended by revising (a)(47)(i) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(47) Washington. (i) The following table lists the delegation
status of specific part 63 Subparts that have been delegated to state
and local air pollution control agencies in Washington. An ``X''
indicates the subpart has been delegated, subject to all the conditions
and limitations set forth in Federal law, regulations, policy,
guidance, and determinations. Some authorities cannot be delegated and
are retained by EPA. These include certain General Provisions
authorities and specific parts of some standards. The dates noted at
the end of this table indicate the effective dates of Federal rules
that have been delegated. Any amendments made to these rules after this
effective date are not delegated.
Delegation Status for Part 63 Standards--State of Washington \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
40 CFR Part 63, Subparts \2\ Ecology \3\ BCAA \4\ NWAPA \5\ OAPCA \6\ PSCAA \7\ SCAPCA \8\ SWCAA \9\ YRCAA \10\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A General Provisions \11\...... X X X X X X X X
D Early Reductions............. X X X X X X X X
F HON-SOCMI.................... X X X X X X X X
G HON-Process Vents............ X X X X X X X X
H HON-Equipment Leaks.......... X X X X X X X X
I HON-Negotiated Leaks......... X X X X X X X X
L Coke Oven Batteries.......... X X X X X X X X
M Perchloroethylene Dry X\3\ X\4\ X X \7\ X \8\ X X \10\
Cleaning.
N Chromium Electroplating...... X X X X X X X X
O Ethylene Oxide Sterilizers... X X X X X X X X
Q Industrial Process Cooling X X X X X X X X
Towers.
R Gasoline Distribution........ X X X X X X X X
S Pulp and Paper \12\.......... X \5\ X\6\ X\7\ X\8\ X\9\ X\10\
T Halogenated Solvent Cleaning. X X X X X X X X
U Polymers and Resins I........ X X X X X X X X
W Polymers and Resins II-Epoxy. X X X X X X X X
X Secondary Lead Smelting...... X X X X X X X X
Y Marine Tank Vessel Loading... X X X X X X
AA Phosphoric Acid X X X X X X X
Manufacturing Plants.
BB Phosphate Fertilizers X X X X X X X
Production Plants.
CC Petroleum Refineries........ X X X X X X X X
DD Off-Site Waste and Recovery. X X X X X X X X
EE Magnetic Tape Manufacturing. X X X X X X X X
GG Aerospace Manufacturing & X X X X X X X X
Rework.
HH Oil and Natural Gas X X X X X X X
Production Facilities.
II Shipbuilding and Ship Repair X X X X X X X X
JJ Wood Furniture Manufacturing X X X X X X X X
Operations.
KK Printing and Publishing X X X X X X X X
Industry.
LL Primary Aluminum \13\....... X
MM Chemical Recovery Combustion X
Sources at Kraft, Soda,
Sulfite, and Stand-Alone
Semichemical Pulp Mills \14\.
OO Tanks--Level 1.............. X X X X X X X
PP Containers.................. X X X X X X X
QQ Surface Impoundments........ X X X X X X X
RR Individual Drain Systems.... X X X X X X X
SS Closed Vent Systems, Control X X X X X X X
Devices, Recovery Devices and
Routing to a Fuel Gas System or
Process.
TT Equipment Leaks--Control X X X X X X X
Level 1.
UU Equipment Leaks--Control X X X X X X X
Level 2.
VV Oil-Water Separators and X X X X X X X
Organic-Water Separators.
WW Storage Vessels (Tanks)-- X X X X X
Control Level 2.
YY Source Categories: Generic X X X X X
MACT.
CCC Steel Pickling--HCl Process X X X X X
Facilities and Hydrochloric
Acid Regeneration Plants.
DDD Mineral Wool Production.... X X X X X
EEE Hazardous Waste Combustors. X X X X X
GGG Pharmaceuticals Production. X X X X X
HHH Natural Gas Transmission X X X ............. X X
and Storage Facilities.
III Flexible Polyurethane Foam X X X X X X
Production.
JJJ Polymers and Resins IV..... X X X X X X
LLL Portland Cement X X X X X
Manufacturing.
MMM Pesticide Active Ingredient X X X X X
Production.
NNN Wool Fiberglass X X X X X
Manufacturing.
OOO Manufacture of Amino X X X X X
Phenolic Resins.
PPP Polyether Polyols X X X X X
Production.
[[Page 11424]]
RRR Secondary Aluminum X X X X
Production.
TTT Primary Lead Smelting...... X X X X X
VVV Publicly Owned Treatment X X X X X
Works.
XXX Ferroalloys Production: X X X X X
Ferromanganese &
Silicomanganese.
CCCC Manufacture of Nutritional X
Yeast.
GGGG Extraction of Vegetable X
Oil.
VVVV Boat Manufacturing .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Table last updated on April 15, 2002. See 40 CFR 61.04(b)(WW) for agency addresses.
\2\ Any authority within any subpart of this part that is identified as not delegatable, is not delegated.
\3\ Washington State Department of Ecology (03/13/2001 for MM, 02/20/2001 for all others). Note: delegation of subpart M applies only to those sources
required to obtain an operating permit under Title V of the Clean Air Act.
\4\ Benton Clean Air Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under
Title V of the Clean Air Act.
\5\ Northwest Air Pollution Control Agency (07/01/2000). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft
and Sulfite Pulping Mills (see footnote 12).
\6\ Olympic Air Pollution Control Agency (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating
permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping
Mills (see footnote 12).
\7\ Puget Sound Clean Air Agency (07/01/2001). Note: delegation of subpart S applies to all applicable facilities and processes exept Kraft and Sulfite
Pulping Mills (see footnote 12). For information about delegation of subpart M, see paragraph (a)(47)(ii) of this section.
\8\ Spokane County Air Pollution Control Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an
operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and
Sulfite Pulping Mills (see footnote 12).
\9\ Southwest Clean Air Agency (08/01/1998). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite
Pulping Mills (see footnote 12).
\10\ Yakima Regional Clean Air Authority (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating
permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping
Mills (see footnote 12).
\11\ General Provisions Authorities which are not delegated include approval of major alternatives to test methods, approval of major alternatives to
monitoring, and any sections in the subparts pertaining to approval of alternative standards (i.e., alternative means of emission limitations). For
definitions of minor, intermediate, and major alternatives to test methods and monitoring, see Sec. 63.90.
\12\ Subpart S of this part as it pertains to Kraft and Sulfite Pulping Mills cannot be delegated to any local agencies in Washington. The Washington
State Department of Ecology retains sole authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-
405-012 and 173-410-012.
\13\ Subpart LL of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole
authority to regulate Primary Aluminum Plants, pursuant to Washington Administrative Code 173-415-010.
\14\ Subpart MM of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole
authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.
* * * * *
[FR Doc. 02-5603 Filed 3-13-02; 8:45 am]
BILLING CODE 6560-50-P