[Federal Register Volume 69, Number 30 (Friday, February 13, 2004)]
[Rules and Regulations]
[Pages 7148-7156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3225]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[FRL-7622-6]
Delegation of Authority to the Oregon Department of Environmental
Quality for New Source Performance Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Delegation of authority; technical amendment.
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SUMMARY: The Oregon Department of Environmental Quality (ODEQ) has
submitted a request for an updated delegation of authority for
implementation and enforcement of New Source Performance Standards
(NSPS). The submissions cover new EPA standards and, in some instances,
revisions to standards previously delegated to ODEQ. EPA has reviewed
ODEQ's updated regulations and determined that ODEQ has adequate and
effective procedures for the implementation and enforcement of these
Federal NSPS standards. This action informs the public of the updated
delegation to ODEQ.
EPA is also making a technical amendment to update the addresses of
delegated air agencies in Oregon. This is a nonregulatory action.
DATES: The amendments to update the addresses of delegated air agencies
in Oregon will be effective on February 13, 2004. The letter granting
delegation to ODEQ specifies that the updated delegation is effective
December 15, 2003.
ADDRESSES: Copies of information relating to this action, including the
letters requesting and granting delegation, are available for
inspection during normal business hours at the following locations: EPA
Region 10, Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle,
Washington 98101. Copies are also available at ODEQ, 811 SW Sixth
Avenue, Portland, OR 97204-1390.
FOR FURTHER INFORMATION CONTACT: Lucita Valiere, EPA Region 10, Office
of Air Quality (OAQ-107), (206) 553-8087.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 111 of the Clean Air Act (CAA), EPA is authorized to
establish new source performance standards (NSPS), which impose Federal
technology-based requirements on new and modified stationary sources of
pollution. EPA has developed NSPS standards for numerous source
categories, which are published at 40 CFR parts 60 and 62. Although EPA
has responsibility for implementing and enforcing the NSPS regulations,
section 111(c) authorizes EPA to delegate primary implementation and
enforcement responsibility to State and local agencies that develop and
submit to EPA procedures for implementing and enforcing the NSPS where
EPA determines that such procedures are adequate. Even where EPA has
delegated primary responsibility for the NSPS to a State or local
agency, however, EPA retains concurrent authority to enforce the NSPS.
See CAA sections 111(c)(2) and 113.
ODEQ has had delegation of various NSPS since 1976. In letters
dated March 10, 2003 and August 26, 2003, ODEQ requested an updated
delegation based on implementation of State rules that adopt by
reference more current Federal NSPS. EPA approved these requests
because ODEQ meets the requirements for delegation. The delegation
discussed today is for new and revised NSPS effective on or before July
1, 2002.
[[Page 7149]]
II. Terms of Delegations
A. Delegation Letter
The delegation of the Federal NSPS to ODEQ is subject to the terms
and conditions contained in the following letter dated December 15,
2003 from EPA granting the delegation:
December 15, 2003.
Andrew Ginsburg, Air Quality Division Administrator, Oregon
Department of Environmental Quality, 811 SW Sixth Avenue, Portland,
OR 97204.
Re: Delegation of Authority for New Source Performance Standards
Dear Mr. Ginsburg: This letter is in response to your request for an
updated delegation of authority to implement and enforce certain New
Source Performance Standards, 40 CFR part 60 (NSPS), as described in
your letters of March 10, 2003 and August 26, 2003.
The Environmental Protection Agency, Region 10 (EPA) has
determined that your regulations provide adequate and effective
procedures for implementing and enforcing the NSPS. Accordingly,
effective today, EPA hereby approves your request for an updated
delegation of authority to implement and enforce the NSPS, subject
to the terms and conditions of this letter. Oregon Department of
Environmental Quality's (ODEQ) delegation of authority covers
standards of performance promulgated and revised as of July 1, 2002.
Attachment A contains an updated list of NSPS subparts delegated to
ODEQ. New and revised NSPS which become effective after July 1,
2002, are not delegated to ODEQ; these remain the responsibility of
EPA.
Consistent with EPA guidance, we are not delegating authorities
under 40 CFR part 60 that require rulemaking to implement, that
affect the stringency of the standard, or where national oversight
is the only way to ensure national consistency. Moreover, some
sections of 40 CFR part 60 specifically indicate that the authority
may not be delegated to State and local agencies. Attachment B
identifies authorities that are excluded from this delegation based
on these legal and policy criteria.
With delegation, ODEQ becomes the primary implementation and
enforcement authority for these delegated NSPS standards within the
State of Oregon, except within Lane County and Indian Country. You
will be the recipient of all notifications and reports and be the
point of contact for questions and compliance issues. Although EPA
looks to you to as the lead for implementing the delegated NSPS, we
retain authority to enforce any applicable emission standard or
requirement. EPA will request notifications and reports from
sources, if needed.
This delegation is subject to all Federal law and regulations as
well as EPA policy, guidance, and determinations issued pursuant to
40 CFR part 60. The following summarizes the conditions and
limitations of your delegation:
1. Enforcement of these standards in your jurisdiction will be
the primary responsibility of your agency. Nevertheless, EPA may
exercise its concurrent enforcement authority pursuant to section
113 of the Clean Air Act with respect to sources which are subject
to the NSPS.
2. If both a State or local regulation and a Federal regulation
apply to the same source, both must be complied with, regardless of
whether the one is more stringent than the other.
3. The EPA Administrator delegates to the Region 10, Office of
Air Quality Director the authority to delegate the NSPS to any State
or local agency. The State or local agency that receives delegation
from EPA Region 10 does not have the Federally-recognized authority
to further delegate the NSPS.
4. If the Region 10, Office of Air Quality Director determines
that your agency's procedures for implementing or enforcing the NSPS
are inadequate or are not being effectively carried out, this
delegation may be revoked in whole or in part by written notice of
the revocation. Any such revocation will be effective as of the date
specified in the notice.
5. A new request for delegation will be required for any
standard not included in this delegation and any standards
promulgated or revised after July 1, 2002, the effective date of the
Federal rules adopted in your regulation. Implementation and
enforcement of new or revised standards will remain the sole
responsibility of EPA, until your agency revises your regulations
and submits and obtains approval of a new delegation request.
a. Acceptance of this delegation does not commit your agency to
request or accept delegation of future NSPS standards and
requirements.
b. EPA encourages your agency to update your NSPS delegation on
an annual basis. This could coincide with the updating of the
adoption by reference of the Federal NSPS standards, which is
important for maintaining EPA approval of your title V operating
permit program.
6. Your agency and EPA should communicate sufficiently to
guarantee that each is fully informed and current regarding
interpretation of regulations (including any unique questions about
applicability) and the compliance status of subject sources in your
jurisdiction.
a. Any records or reports provided to or otherwise obtained by
your agency should be made available to EPA upon request.
b. In accordance with 40 CFR 60.9, the availability to the
public of information provided to, or otherwise obtained by EPA in
connection with this delegation shall be governed by 40 CFR part 2.
7. Implementation and enforcement of the delegated NSPS is
subject to the current Compliance Assurance Agreement for Air
Quality between EPA and ODEQ. This clearly defines roles and
responsibilities, including timely and appropriate enforcement
response and the maintenance of the Aerometric Information Retrieval
System/Aerometric Facility Subsystem (AIRS/AFS).
8. Your agency will work with owners and operators of affected
facilities subject to an NSPS to ensure all required information is
submitted to your agency. Your assistance is requested to ensure
that this information--including excess emission reports and
summaries--is submitted to EPA upon request.
9. Your agency will ensure that all relevant source information
and notification and report information is inputted into the AIRS/
AFS database system in order to meet your record keeping and
reporting requirements.
a. The AIR/AFS reporting elements for ``source information''
that your agency is expected to provide includes, but is not limited
to:
i. Identification of source
ii. Pollutants regulated
iii. Applicability of subparts
iv. Permit number for specific source or sub-unit
v. Dates of most recent NSPS compliance inspections
vi. Compliance status
b. The AIR/AFS reporting elements for ``notification and report
information'' that your agency is expected to provide includes, but
is not limited to:
i. Notification of commencement of construction or
reconstruction
ii. Notification of anticipated and actual start-up
iii. Notification of any physical change to an existing facility
that may increase the emission rate of any air pollutant to which
the standard applies
iv. Notification of when continuous opacity monitoring system
data results will be used to determine compliance with the
applicable opacity standard during a performance test required by 40
CFR 60.8 in lieu of Method 9 observation data, as allowed by 40 CFR
60.11(e)(5)
v. Reports of performance testing results
10. Your agency will require affected facilities to utilize the
methods specified in 40 CFR part 60 in performing source tests
pursuant to the regulations. See 40 CFR 60.8.
11. Approval of ``major changes,'' equivalent methods,
alternative methods, and shorter sampling times or volumes is not
delegated to your agency. Such approvals remain the responsibility
of EPA. Approval of ``minor'' or ``intermediate'' changes to test
methods and ``minor'' or ``intermediate'' changes to monitoring is
delegated to your agency. Definitions and examples of ``major
changes,'' ``intermediate changes'' and ``minor changes'' are
provided at the end of Attachment B.
Your agency must ensure adequate documentation of any changes to
testing and monitoring methods so that periodic review by EPA can
confirm that this authority is being exercised properly. Your agency
is expected to provide EPA all approvals of minor and intermediate
changes in testing and monitoring methods, procedures, and equipment
in your Annual Summary, as agreed upon in the current Compliance
Assurance Agreement.
12. Your agency's delegation to implement and enforce NSPS does
not extend to sources or activities located in Indian Country, as
defined in 18 U.S.C.1151. Consistent with previous Federal program
approvals or delegations, EPA will continue to implement the NSPS in
Indian Country in Oregon because your agency did not adequately
demonstrate authority over sources and activities located within the
exterior boundaries of Indian reservations and in other areas of
Indian Country.
[[Page 7150]]
13. Your agency's delegation to implement and enforce NSPS does
not extend to sources or activities located in Lane County, Oregon.
Lane Region Air Pollution Control Authority has authority to
implement and enforce delegated NSPS within Lane County, as provided
in 48 FR 8570 (March 1, 1983), as corrected by 48 FR 16740 (April
19, 1983).
14. As discussed above, EPA guidance does not permit delegation
to a State or local agency of authorities under 40 CFR part 60 that
require rulemaking to implement, that affect the stringency of the
standard, or where national oversight is the only way to ensure
national consistency. In addition, some sections of 40 CFR part 60
specifically indicate that the authority may not be delegated.
Attachment B identifies authorities that are excluded from this
delegation based on these legal and policy criteria.
15. Application of the five day notice provision in ORS
468.126(1) would disqualify ODEQ for delegation of the Federal NSPS.
Accordingly, as provided in ORS 468.126(2)(e), the five day notice
provision does not apply to OAR 340-238-0010 to -0100.
A notice announcing this delegation will be published in the
Federal Register in the near future. The notice will inform sources
in your jurisdiction that all reports pursuant to the Federal NSPS
should be submitted to your agency only. Since this delegation is
effective immediately, there is no requirement that your agency
notify EPA of your acceptance. Unless EPA receives a written Notice
of Objection within 10 days of the receipt of this letter, it will
be deemed that your agency has accepted all terms of this
delegation. If you have any questions, please contact Jeff KenKnight
at (206) 553-6641 or Lucita Valiere at (206) 553-8087.
Sincerely,
Janis Hastings,
Acting Director, Office of Air Quality.
Attachments:
A. Updated list of NSPS subparts delegated to ODEQ.
B. NSPS authorities excluded from delegation.
cc: w/ attachment
Kathleen Craig, ODEQ
Jeff KenKnight, EPA
Attachment A.--NSPS Subparts Delegated to Oregon Department of Environmental Quality (ODEQ) \1\
[Please refer to Attachment B for a list of specific subsections within the identified subparts that are
excluded from this delegation]
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Part 60--Subparts \2\ Delegated
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A...................................... General Provisions....................................... X
B...................................... Adoption and Submittal of State Plans for Designated ............
Facilities.
C...................................... Emission Guidelines and Compliance Times................. ............
Cb..................................... Large Municipal Waste Combustors that are Constructed on ............
or before September 20, 1994 (Emission Guidelines and
Compliance Times).
Cc..................................... Municipal Solid Waste Landfills (Emission Guidelines and ............
Compliance Times).
Cd..................................... Sulfuric Acid Production Units (Emission Guidelines and ............
Compliance Times).
Ce..................................... Hospital/Medical/Infectious Waste Incinerators (Emission ............
Guidelines and Compliance Times).
D...................................... Fossil-Fuel-Fired Steam Generators for which Construction X
is Commenced after August 17, 1971.
Da..................................... Electric Utility Steam Generating Units for which X
Construction is Commenced after September 18, 1978.
Db..................................... Industrial-Commercial-Institutional Steam Generating X
Units.
Dc..................................... Small Industrial-Commercial-Institutional Steam X
Generating Units.
E...................................... Incinerators............................................. X
Ea..................................... Municipal Waste Combustors for which Construction is X
Commenced after December 20, 1989 and on or before
September 20, 1994.
Eb..................................... Large Municipal Waste Combustors for which Construction X
Commenced after September 20, 1994 or for which
Modification or Reconstruction is Commenced after June
19, 1996.
Ec..................................... Hospital/Medical/Infectious Waste Incinerators forwhich X
Construction is Commenced after June 20, 1996.
F...................................... Portland Cement Plants................................... X
G...................................... Nitric Acid Plants....................................... X
H...................................... Sulfuric Acid Plants..................................... X
I...................................... Hot Mix Asphalt Facilities............................... X
J...................................... Petroleum Refineries..................................... X
K...................................... Storage Vessels for Petroleum Liquids for which X
Construction, Reconstruction, or Modification Commenced
after June 11, 1973 and prior to May 19, 1978.
Ka..................................... Storage Vessels for Petroleum Liquids for which X
Construction, Reconstruction, or Modification Commenced
after May 18, 1978 and prior to July 23, 1984.
Kb..................................... VOC Liquid Storage Vessels (including Petroleum Liquid X
Storage Vessels) for which Construction, Reconstruction,
or Modification Commenced after July 23, 1984.
L...................................... Secondary Lead Smelters.................................. X
M...................................... Secondary Brass and Bronze Production Plants............. X
N...................................... Primary Emissions from Basic Oxygen Process Furnaces for X
which Construction is Commenced after June 11, 1973.
Na..................................... Secondary Emissions from Basic Oxygen Process Steel- X
making Facilities for which Construction is Commenced
after January 20, 1983.
O...................................... Sewage Treatment Plants.................................. X
P...................................... Primary Copper Smelters.................................. X
Q...................................... Primary Zinc Smelters.................................... X
R...................................... Primary Lead Smelters.................................... X
S...................................... Primary Aluminum Reduction Plants........................ X
T...................................... Phosphate Fertilizer Industry: Wet Process Phosphoric X
Acid Plants.
U...................................... Phosphate Fertilizer Industry: Superphosphoric Acid X
Plants.
V...................................... Phosphate Fertilizer Industry: Diammonium Phosphate X
Plants.
W...................................... Phosphate Fertilizer Industry: Triple Superphosphate X
Plants.
X...................................... Phosphate Fertilizer Industry: Granular Triple X
Superphosphate Storage Facilities.
Y...................................... Coal Preparation Plants.................................. X
Z...................................... Ferroalloy Production Facilities......................... X
AA..................................... Steel Plants: Electric Arc Furnaces Constructed after X
October 21, 1974 and on or before August 17, 1983.
AAa.................................... Steel Plants: Electric Arc Furnaces and Argon-Oxygen X
Decarburization Vessels Constructed after August 7, 1983.
BB..................................... Kraft Pulp Mills......................................... X
[[Page 7151]]
CC..................................... Glass Manufacturing Plants............................... X
DD..................................... Grain Elevators.......................................... X
EE..................................... Surface Coating of Metal Furniture....................... X
GG..................................... Stationary Gas Turbines.................................. X
HH..................................... Lime Manufacturing Plants................................ X
KK..................................... Lead-Acid Battery Manufacturing Plants................... X
LL..................................... Metallic Mineral Processing Plants....................... X
MM..................................... Automobile and Light Duty Truck Surface Coating X
Operations.
NN..................................... Phosphate Rock Plants.................................... X
PP..................................... Ammonium Sulfate Manufacture............................. X
QQ..................................... Graphic Arts Industry: Publication Rotogravure Printing.. X
RR..................................... Pressure Sensitive Tape and Label Surface Coating X
Standards.
SS..................................... Industrial Surface Coating: Large Appliances............. X
TT..................................... Metal Coil Surface Coating............................... X
UU..................................... Asphalt Processing and Asphalt Roof Manufacture.......... X
VV..................................... Equipment Leaks of VOC in Synthetic Organic Chemical X
Manufacturing Industry.
WW..................................... Beverage Can Coating Industry............................ X
XX..................................... Bulk Gasoline Terminals.................................. X
AAA.................................... New Residential Wood Heaters.............................
BBB.................................... Rubber Tire Manufacturing Industry....................... X
DDD.................................... VOC Emissions from Polymer Manufacturing Industry........ X
FFF.................................... Flexible Vinyl and Urethane Coating and Printing......... X
GGG.................................... Equipment Leaks of VOC in Petroleum Refineries........... X
HHH.................................... Synthetic Fiber Production Facilities.................... X
III.................................... VOC Emissions from Synthetic Organic Chemical X
Manufacturing Industry Air Oxidation Unit Processes.
JJJ.................................... Petroleum Dry Cleaners................................... X
KKK.................................... Equipment Leaks of VOC from Onshore Natural Gas X
Processing Plants.
LLL.................................... Onshore Natural Gas Processing: SO2 Emissions............ X
NNN.................................... VOC Emissions from Synthetic Organic Chemical X
Manufacturing Industry Distillation Operations.
OOO.................................... Nonmetallic Mineral Processing Plants \3\................ X
PPP.................................... Wool Fiberglass Insulation Manufacturing Plants.......... X
QQQ.................................... VOC Emissions from Petroleum Refinery Wastewater Systems. X
RRR.................................... VOCs from Synthetic Organic Chemical Manufacturing X
Industry Reactor Processes.
SSS.................................... Magnetic Tape Coating Facilities......................... X
TTT.................................... Industrial Surface Coating: Surface Coating of Plastic X
Parts for Business Machines.
UUU.................................... Calciners and Dryers in Mineral Industries............... X
VVV.................................... Polymeric Coating of Supporting Substrates Facilities.... X
WWW.................................... Municipal Solid Waste Landfills.......................... X
AAAA................................... Small Municipal Waste Combustion Units for which X
Construction is Commenced after August 30, 1999 or for
which Modification or Reconstruction is Commenced after
June 6, 2001.
BBBB................................... Small Municipal Waste Combustion Units Constructed on or ............
before August 30, 1999 (Emission Guidelines and
Compliance Times).
CCCC................................... Commercial and Industrial Solid Waste Incineration Units X
for which Construction is Commenced after November 30,
1999 or for which Modification or Reconstruction is
Commenced on or after June 1, 2001.
DDDD................................... Commercial and Industrial Solid Waste Incineration Units ............
that Commenced Construction on or before November 30,
1999 (Emission Guidelines and Compliance Times).
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\1\ ODEQ's delegation of authority covers standards of performance promulgated and revised as of July 1, 2002.
New and revised NSPS which become effective after July 1, 2002, are not delegated to ODEQ; these remain the
responsibility of EPA.
\2\ Any authority within any subpart of 40 CFR part 60 that is not delegable, is not delegated.
\3\ At the request of ODEQ, subpart OOO is delegated for major sources only.
Attachment B.--NSPS Authorities Excluded From Delegation
EPA guidance permits delegation to a State or local agency of
all the EPA Administrator's authorities under 40 CFR part 60 except
those that require rulemaking to implement, that affect the
stringency of the standard, or where national oversight is the only
way to ensure national consistency. In addition, some sections of 40
CFR part 60 specifically indicate that the authority may not be
delegated. Listed below are authorities that are excluded from this
delegation based on the legal and policy criteria discussed above.
Statutory Authorities:
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Section 111(h)(3) of Clean Air Act Equivalency
Determinations--Approval
of alternatives to any
design, equipment, work
practice, or operational
standard [e.g., 40 CFR
60.114(a) and
60.302(d)(3)] is
accomplished through the
rulemaking process and
is adopted as a change
to the individual
subpart. This authority
may not be delegated.
Section 111(j) of Clean Air Act Innovative Technology
Waivers--Innovative
technology waivers must
be adopted as site-
specific amendments to
the individual subpart.
The authority to grant
waivers is not
delegated. However,
agencies may be
delegated the authority
to enforce any waivers
granted by the EPA.
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[[Page 7152]]
General Provisions Authorities:
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Section Authorities
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60.8(b)(2) 60.8(b)(3) Approval of ``Major Change to Test
(partial limitation). Methods'' (See below for definition and
examples).
(Note: Any references to the authority
in section 60.8(b) are reminders of
the provisions of section 60.8 and
are not separate authorities which
can be delegated.)
60.9......................... Availability of Information Procedure for
EPA--not applicable to State/local
agencies.
60.11(b) (partial limitation) Approval of ``Major Change to Test
Methods''--alternative to ``Method 9''
test method.
60.11(e)(7), 60.11(e)(8)..... Approval of Alternative Opacity Standard.
60.13(a) (partial limitation) Approval of ``Major Change to
Monitoring'' (See below for definition
and examples)--specification of
continuous monitoring systems
requirements.
60.13(d)(2) (partial Approval of ``Major Change to
limitation). Monitoring''--continuous opacity
monitoring systems.
60.13(g)(1).................. Approval of installation of fewer
monitoring systems when one affected
facility/source vents through more than
one point (This is a major change to
monitoring).
60.13(i) (partial limitation) Approval of ``Major Change to
Monitoring.''
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Specific Subpart Authorities (the following list does not
include approving alternative standards or major changes to test
methods or monitoring, which are discussed above):
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Section Authorities
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Note: Subpart B and Subparts C, Cb, Cc, Cd, Ce--Use of
term ``Administrator'' in these subparts refers only to
EPA Administrator.
Note: Subparts C, Cb, Cc, Cd, Ce--These subparts are
emission guidelines and compliance times for large
municipal waste combustors, municipal solid waste
landfills, sulfuric acid production units, and hospital/
medical/infectious waste units. They are the basis for
State control plans developed in accordance with Sections
111(d) and 129 of the Clean Air Act. Enforcement of these
subparts require submission of a plan to EPA for
approval.
Subpart Da--Fossil Fuel-Fired Steam Generators for which
Construction is Commenced After August 17, 1971.
60.45a.............................................. Approval of emerging technology.
Subpart Db--Industrial-Commercial-Institutional Steam
Generating Units.
60.44b(f)........................................... Approval of site-specific nitrogen oxide limit for sources
combusting byproduct/waste or hazardous waste with
natural gas or oil.
60.44b(g)........................................... Approval of waiver of nitrogen oxide limit for sources
burning hazardous waste with natural gas or oil.
60.49b(a)(4)........................................ Approval of emerging technology.
Subpart Dc--Small Industrial-Commercial-Institutional
Steam Generating Units.
60.48c(a)(4)........................................ Approval of emerging technology.
Subpart Ec--Hospital/Medical/Infectious Waste Incinerators
for Which Construction Is Commenced After June 20, 1996.
60.56c(i)........................................... Alternative site-specific operating parameters.
Plus................................................ Any other approval of alternative compliance demonstration
(specifically restricted by 60.51c(i), therefore not
limited to ``major changes'').
Subpart J--Petroleum Refineries.
60.105(a)(13)(iii).................................. Alternative monitoring methods.
60.106(i)(12)....................................... Alternative method of determining compliance.
Subpart Ka--Storage Vessels for Petroleum Liquids for
Which Construction, Reconstruction, or Modification
Commenced After May 18, 1978 and Prior to July 23, 1984.
60.114a............................................. Alternative means of limiting emissions.
Subpart Kb--Volatile Organic Liquid Storage Vessels
(Including Petroleum Liquid Storage Vessels) for Which
Construction, Reconstruction, or Modification Commenced
After July 23, 1984.
60.111b(f)(4)....................................... Alternative maximum true vapor pressure.
60.114b............................................. Alternative means of limiting emissions.
60.116b(e)(3)(iii).................................. Alternative measure of vapor pressure.
60.116b(e)(3)(iv)................................... Alternative calculation of vapor pressure.
60.116b(f)(2)(iii).................................. Alternative measure of vapor pressure.
Subpart O--Sewage Treatment Plants.
60.153(e)........................................... Plan for monitoring and recording incinerator and
control device operation parameters.
Subpart S--Primary Aluminum Plants.
60.194(d)........................................... Alternative testing requirements (less frequently).
Subpart DD--Grain Elevators.
60.302(d)(3)........................................ Alternative Particular matter emission controls.
Subpart EE--Surface Coating of Metal Furniture.
60.313(c)(1)(i)(B).................................. Alternative transfer efficiencies.
Subpart GG--Stationary Gas Turbines.
60.332(a)(3)........................................ Development of customized factors--fuel nitrogen content.
60.335(f)(1)........................................ Development of customized factors--adjusting nitrogen
oxides emission level based on ambient air conditions.
Subpart MM--Automobile and Light Duty Truck Surface
Coating Operations.
60.393(c)(1)(C)..................................... Approval of alternative transfer coefficients.
60.398.............................................. Innovative Technology Waivers.
Subpart RR--Pressure Sensitive Tape and Label Surface
Coating Operations.
60.446(c)........................................... Approval of testing of representative number of stacks
rather than all stacks.
Subpart SS--Industrial Surface Coating: Large Appliances.
60.453(b)........................................... Alternative procedures for estimating transfer
efficiencies, volume of coating.
60.456(d)........................................... Approval of testing of representative number of stacks
rather than all stacks.
[[Page 7153]]
Subpart TT--Metal Coil Surface Coating.
60.466(d)........................................... Approval of testing of representative number of stacks
rather than all stacks.
Subpart UU--Asphalt Processing and Asphalt Roofing
Manufacture.
60.472(b)(5)........................................ Refers to 60.474(g).
60.474(g)........................................... Alternative opacity standard.
Subpart VV--Equipment Leaks of VOC in the Synthetic
Organic Chemicals Manufacturing Industry.
60.482-1(c)(2)...................................... Approval of alternative/equivalent means of emission
limitation.
60.484.............................................. Approval of alternative/equivalent means of emission
limitation.
Subpart WW--Beverage Can Surface Coating Industry.
60.493(b)(2)(i)(A).................................. Alternative method for determining fraction of VOC
emitted.
60.496(c)........................................... Shorter sampling times and approval of testing of
representative number of stacks rather than all stacks.
Subpart XX--Bulk Gasoline Terminals.
60.502(e)(6)........................................ Approval of alternative procedures for gasoline tank truck
loading.
Subpart AAA--Residential Wood Heaters.
Note: Entire Subpart AAA may not be delegated.
(Wood Heater Program is administered entirely by EPA HQ.
States can create rules that impose additional
requirements for wood-burning appliances as apart of
their SIPs.)
Subpart BBB--Rubber Tire Manufacturing Industry.
60.543(c)(2)(ii)(B)................................. Approval of alternative test method--determining fraction
of VOC at affected facility.
Subpart DDD--Volatile Organic Compound Emissions (VOC)
from the Polymer Manufacturing Industry.
60.562-2(c)......................................... Approval of alternative method of emission limitation.
Subpart GGG--Equipment Leaks of VOC in Petroleum
Refineries.
60.592(c)........................................... Approval of alternative method of emission limitation.
Subpart III--VOC Emissions from the Synthetic Organic
Chemical Manufacturing Industry (SOCMI) Air Oxidation
Unit Processes.
60.613(f)........................................... Demonstration of compliance for use of other control
devices.
Subpart JJJ--Petroleum Dry Cleaners.
60.623.............................................. Equivalent equipment and procedures.
Subpart KKK--Equipment Leaks of VOC From Onshore Natural
Gas Processing Plants.
60.632(c)........................................... Alternative means of emission limitation.
60.634.............................................. Alternative means of emission limitation.
Subpart NNN--VOC Emissions from the Synthetic Organic
Chemical Manufacturing Industry (SOCMI) Distillation
Operations.
60.663(f)........................................... Demonstration of compliance for use of other control
devices.
Subpart QQQ--VOC Emissions from Petroleum Refinery
Wastewater Systems.
60.694.............................................. Permission to use alternative means of emission
limitation.
Subpart RRR--VOC Emissions from the Synthetic Organic
Chemical Manufacturing Industry (SOCMI) Reactor
Processes.
60.703(e)........................................... Approval of use of control devices not described in
regulation.
Subpart SSS--Magnetic Tape Coating Facilities.
60.711(a)(16)....................................... Alternative temporary enclosure.
60.713(b)(1)(i)..................................... Approval of measured value for RSi.
60.713(b)(1)(ii).................................... Approval of measurement techniques.
60.713(b)(5)(i)..................................... Approval of total enclosure.
60.713(d)........................................... Necessary operating specifications.
60.715(a)........................................... Plant coating formulation data equivalent to Method 24.
60.716.............................................. Alternative means of limiting emissions.
Subpart TTT--Industrial Surface Coating: Surface Coating
of Plastic Parts of Business Machines.
60.723(b)(1)........................................ Alternative test method--other than Method 24.
60.723(b)(2)(i)(C).................................. Alternative transfer efficiencies.
60.723(b)(2)(iv).................................... Determination of compliance--facilities using add-on
controls.
60.724(e)........................................... Alternative recordkeeping and reporting--facilities using
add-on controls.
60.725(b)........................................... Alternative test methods--to determine VOC content of
coating.
Subpart VVV--Polymeric Coatings of Supporting Substrates
Facilities.
60.743(a)(3)(v)(A).................................. Approval of measured value for RSi.
60.743(a)(3)(v)(B).................................. Approval of measured value for RSi.
60.743(e)........................................... Approval of use of control device other than absorber,
condenser, incinerator.
60.745(a)........................................... Approval of coating formulation data equivalent to Method
24.
60.746.............................................. Permission to use alternative means of emission
limitation.
(Also as referred to by 60.743(b)(1))...............
Subpart WWW--Municipal Solid Waste Landfills.
60.752(b)(2)(i)(C),(D) and 60.759(a)................ Approval of alternative collection and control system
design plan.
60.754(a)(5)........................................ Approval of alternative methods for determining NMOC
concentration or a site-specific k.
60.756(d)........................................... Approval of monitoring methods for operators seeking to
comply with standards using something other than an open
flare or an enclosed combustor.
60.756(e)........................................... Approval of monitoring methods for operators installing
alternative collection systems.
Subpart CCC--New Commercial and Industrial Solid Waste
Incineration Units.
60.2025............................................. Approval of petition for exemption.
60.2100(b)(2)....................................... Approval to continue operation.
60.2115............................................. Approval of petition for specific operating parameters.
Also: (60.2110)..................................... Approval of alternatives to the emission limitations in
Table 1 and operating limits established under 60.2110.
Note: Subparts BBBB and DDDD are guidelines, not
standards.
[[Page 7154]]
Additionally, EPA does not delegate any authority for
which sections of 40 CFR part 60 specifically indicate
that the authority may not be delegated.
----------------------------------------------------------------------------------------------------------------
Changes to Monitoring and Test Methods (based on definitions in
40 CFR 63.91(a), which are also used for purposes of delegation
under 40 CFR part 60 as provided in ``How To Review and Issue Clean
Air Act Applicability Determinations and Alternative Monitoring: New
Source Performance Standards and National Emission Standards for
Hazardous Air Pollutants,'' February 1999):
Intermediate change to monitoring means a modification to
federally required monitoring involving ``proven technology''
(generally accepted by the scientific community as equivalent or
better) that is applied on a site-specific basis and that may have
the potential to decrease the stringency of the compliance and
enforcement measures for the relevant standard. Though site-
specific, an intermediate decrease may set a national precedent for
a source category and may ultimately result in a revision to the
federally required monitoring. Examples of intermediate changes to
monitoring include, but are not limited to:
(1) Use of a continuous emission monitoring system (CEMS) in
lieu of a parameter monitoring approach;
(2) Decreased frequency for non-continuous parameter monitoring
or physical inspections;
(3) Changes to quality control requirements for parameter
monitoring; and
(4) Use of an electronic data reduction system in lieu of manual
data reduction.
Intermediate change to a test method means a within-method
modification to a federally enforceable test method involving
``proven technology'' (generally accepted by the scientific
community as equivalent or better) that is applied on a site-
specific basis and that may have the potential to decrease the
stringency of the associated emission limitation or standard. Though
site-specific, an intermediate change may set a national precedent
for a source category and may ultimately result in a revision to the
federally enforceable test method. In order to be approved, an
intermediate change must be validated according to EPA Method 301
(part 63, appendix A) to demonstrate that it provides equal or
improved accuracy and precision. Examples of intermediate changes to
a test method include, but are not limited to:
(1) Modifications to a test method's sampling procedure
including substitution of sampling equipment that has been
demonstrated for a particular sample matrix, and use of a different
impinger absorbing solution;
(2) Changes in sample recovery procedures and analytical
techniques, such as changes to sample holding times and use of a
different analytical finish with proven capability for the analyte
of interest; and
(3) ``Combining'' a federally required method with another
proven method for application to processes emitting multiple
pollutants.
Major change to monitoring means a modification to federally
required monitoring that uses ``unproven technology or procedures''
(not generally accepted by the scientific community) or is an
entirely new method (sometimes necessary when the required
monitoring is unsuitable). A major change to monitoring may be site-
specific or may apply to one or more source categories and will
almost always set a national precedent. Examples of major changes to
monitoring include, but are not limited to:
(1) Use of a new monitoring approach developed to apply to a
control technology not contemplated in the applicable regulation;
(2) Use of a predictive emission monitoring system (PEMS) in
place of a required continuous emission monitoring system (CEMS);
(3) Use of alternative calibration procedures that do not
involve calibration gases or test cells;
(4) Use of an analytical technology that differs from that
specified by a performance specification;
(5) Decreased monitoring frequency for a continuous emission
monitoring system, continuous opacity monitoring system, predictive
emission monitoring system, or continuous parameter monitoring
system;
(6) Decreased monitoring frequency for a leak detection and
repair program; and
(7) Use of alternative averaging times for reporting purposes.
Major change to recordkeeping/reporting means:
(1) A modification to federally required recordkeeping or
reporting that:
(i) May decrease the stringency of the required compliance and
enforcement measures for the relevant standards;
(ii) May have national significance (e.g., might affect
implementation of the applicable regulation for other affected
sources, might set a national precedent); or
(iii) Is not site-specific.
(2) Examples of major changes to recordkeeping and reporting
include, but are not limited to:
(i) Decreases in the record retention for all records;
(ii) Waiver of all or most recordkeeping or reporting
requirements;
(iii) Major changes to the contents of reports; or
(iv) Decreases in the reliability of recordkeeping or reporting
(e.g., manual recording of monitoring data instead of required
automated or electronic recording, or paper reports where electronic
reporting may have been required).
Major change to test method means a modification to a federally
enforceable test method that uses ``unproven technology or
procedures'' (not generally accepted by the scientific community) or
is an entirely new method (sometimes necessary when the required
test method is unsuitable). A major change to a test method may be
site-specific, or may apply to one or more sources or source
categories, and will almost always set a national precedent. In
order to be approved, a major change must be validated according to
EPA Method 301 (part 63, appendix A). Examples of major changes to a
test method include, but are not limited to:
(1) Use of an unproven analytical finish;
(2) Use of a method developed to fill a test method gap;
(3) Use of a new test method developed to apply to a control
technology not contemplated in the applicable regulation; and
(4) Combining two or more sampling/analytical methods (at least
one unproven) into one for application to processes emitting
multiple pollutants.
Minor change to monitoring means:
(1) A modification to federally required monitoring that:
(i) Does not decrease the stringency of the compliance and
enforcement measures for the relevant standard;
(ii) Has no national significance (e.g., does not affect
implementation of the applicable regulation for other affected
sources, does not set a national precedent, and individually does
not result in a revision to the monitoring requirements); and
(iii) Is site-specific, made to reflect or accommodate the
operational characteristics, physical constraints, or safety
concerns of an affected source.
(2) Examples of minor changes to monitoring include, but are not
limited to:
(i) Modifications to a sampling procedure, such as use of an
improved sample conditioning system to reduce maintenance
requirements;
(ii) Increased monitoring frequency; and
(iii) Modification of the environmental shelter to moderate
temperature fluctuation and thus protect the analytical
instrumentation.
Minor change to recordkeeping/reporting means:
(1) A modification to federally required recordkeeping or
reporting that:
(i) Does not decrease the stringency of the compliance and
enforcement measures for the relevant standards;
(ii) Has no national significance (e.g., does not affect
implementation of the applicable regulation for other affected
sources, does not set a national precedent, and individually does
not result in a revision to the recordkeeping or reporting
requirement); and
(iii) Is site-specific.
(2) Examples of minor changes to recordkeeping or reporting
include, but are not limited to:
(i) Changes to recordkeeping necessitated by alternatives to
monitoring;
(ii) Increased frequency of recordkeeping or reporting, or
increased record retention periods;
(iii) Increased reliability in the form of recording monitoring
data, e.g., electronic or
[[Page 7155]]
automatic recording as opposed to manual recording of monitoring
data;
(iv) Changes related to compliance extensions granted pursuant
to Sec. 63.6(i);
(v) Changes to recordkeeping for good cause shown for a fixed
short duration, e.g., facility shutdown;
(vi) Changes to recordkeeping or reporting that is clearly
redundant with equivalent recordkeeping/reporting requirements; and
(vii) Decreases in the frequency of reporting for area sources
to no less than once a year for good cause shown, or for major
sources to no less than twice a year as required by title V, for
good cause shown.
Minor change to test method means:
(1) A modification to a federally enforceable test method that:
(i) Does not decrease the stringency of the emission limitation
or standard;
(ii) Has no national significance (e.g., does not affect
implementation of the applicable regulation for other affected
sources, does not set a national precedent, and individually does
not result in a revision to the test method); and
(iii) Is site-specific, made to reflect or accommodate the
operational characteristics, physical constraints, or safety
concerns of an affected source.
(2) Examples of minor changes to a test method include, but are
not limited to:
(i) Field adjustments in a test method's sampling procedure,
such as a modified sampling traverse or location to avoid
interference from an obstruction in the stack, increasing the
sampling time or volume, use of additional impingers for a high
moisture situation, accepting particulate emission results for a
test run that was conducted with a lower than specified temperature,
substitution of a material in the sampling train that has been
demonstrated to be more inert for the sample matrix; and
(ii) Changes in recovery and analytical techniques such as a
change in quality control/quality assurance requirements needed to
adjust for analysis of a certain sample matrix.
Note: The authority to approve decreases in sampling times and
volumes when necessitated by process variables has typically been
delegated in conjunction with the minor changes to test methods, but
these types of changes are not included within the scope of minor
changes. See Memorandum from John S. Seitz, Director OAQPS,
``Delegation of 40 CFR part 63 General Provisions Authorities to
State and Local Air Pollution Control Agencies, July 10, 1998.''
B. Effective Date of Delegation
The letter granting delegation to ODEQ specifies that the updated
delegation of the identified NSPS is effective December 15, 2003. The
letter specifies that the delegation was effective immediately as of
the signature date of the letter and that if ODEQ did not agree to the
terms of the delegation, ODEQ could submit a written Notice of
Objection within 10 days of the receipt of the letter and EPA would
withdraw delegation. ODEQ did not submit a Notice of Objection.
C. Submission of Notices and Reports
All reports required to be submitted to EPA pursuant to the Federal
NSPS from sources located within Oregon, except for sources in Indian
Country and in Lane County, should be submitted to ODEQ. All reports
required to be submitted pursuant to the Federal NSPS from sources
located in Indian Country in Oregon should be submitted to EPA Region
10, Director, Office of Air Quality, OAQ-107, 1200 Sixth Avenue,
Seattle, WA 98118. All reports required to be submitted pursuant to the
Federal NSPS for sources located in Lane County should be submitted to
Lane Region Air Pollution Control Authority (LRAPA) if the federal NSPS
standard has been delegated to LRAPA and to EPA Region 10 in all other
cases. The current delegation to LRAPA is discussed in 48 FR 8570
(March 1, 1983), as corrected by 48 FR 16740 (April 19, 1983).
III. Conclusion
EPA is notifying the public of a recent update to the NSPS
delegation for ODEQ. This action is already final and was granted by a
letter from the Director, Office of Air Quality, EPA, Region 10, to Air
Quality Division Administrator for ODEQ. This delegation is subject to
all EPA policy, guidance and determinations issued pursuant to 40 CFR
part 60 and to the conditions in the letter granting the delegation.
The addresses of the delegated agencies in Oregon are being revised
to reflect current information.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). The
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule does not
contain any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does 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 (64
FR 43255, August 10, 1999). This action does not alter the relationship
or the distribution of power and responsibilities established in the
Clean Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 13, 2004. 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
[[Page 7156]]
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 60
Administrative practice and procedure, Air pollution control,
Aluminum, Ammonium sulfate plants, Batteries, Beverages, Carbon
monoxide, Cement industry, Chemicals, Coal, Copper, Dry cleaners,
Electric power plants, Fertilizers, Fluoride, Gasoline, Glass and glass
products, Graphic arts industry, Heaters, Household appliances,
Insulation, Intergovernmental relations, Iron, Labeling, Lead, Lime,
Metallic and nonmetallic mineral processing plants, Metals, Motor
vehicles, Natural gas, Nitric acid plants, Nitrogen dioxide, Paper and
paper products industry, Particulate matter, Paving and roofing
materials, Petroleum, Phosphate, Plastics materials and synthetics,
Polymers, Reporting and recordkeeping requirements, Sewage disposal,
Steel, Sulfur oxides, Sulfuric acid plants, Tires, Urethane, Vinyl,
Volatile organic compounds, Waste treatment and disposal, Zinc.
Dated: January 29, 2004.
Ronald Kreizenbeck,
Acting Regional Administrator, Region 10.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
2. Section 60.4 is amended by revising paragraph (b)(MM) to read as
follows:
Sec. 60.4 Address.
* * * * *
(b) * * *
(MM) State of Oregon. (i) Oregon Department of Environmental
Quality (ODEQ), 811 SW Sixth Avenue, 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.
* * * * *
[FR Doc. 04-3225 Filed 2-12-04; 8:45 am]
BILLING CODE 6560-50-P