Standards of Performance for New Stationary Sources; Supplemental Delegation of Authority to the State of Wyoming

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[WY-001-0005; FRL-6521-1]

Standards of Performance for New Stationary Sources; Supplemental

Delegation of Authority to the State of Wyoming

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule and delegation of authority.

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SUMMARY: The purpose of this document is to inform the public that, on

June 3, 1999, EPA updated its delegation of authority to the State of

Wyoming for implementation and enforcement of the Federal new source

performance standards (NSPS) as in effect on July 1, 1997. EPA granted

delegation in response to a May 21, 1999 request from the Governor of

Wyoming. EPA is also updating the table in 40 CFR part 60 regarding the

NSPS delegation status for EPA Region VIII States, and EPA is updating

the Region VIII address listed in 40 CFR part 60.

EFFECTIVE DATE: This action will be effective February 9, 2000. The

delegation of authority to Wyoming became effective on June 3, 1999.

ADDRESSES: Copies of the documents relative to this delegation are

available for inspection during normal business hours at the Air and

Radiation Program, Environmental Protection Agency, Region VIII, 999

18th Street, Suite 500, Denver, Colorado 80202-2466. Copies of the

State documents relevant to this delegation are available for public

inspection at the Air Quality Division, Department of Environmental

Quality, 122 West 25th Street, Cheyenne, Wyoming 82002.

FOR FURTHER INFORMATION CONTACT: Vicki Stamper, EPA Region VIII, (303)

312-6445.

SUPPLEMENTARY INFORMATION:

I. What Is the Purpose of This Document?

EPA provides notice that, on June 3, 1999, we delegated authority

to the State of Wyoming to implement and enforce the NSPS of 40 CFR

part 60 as in effect on July 1, 1997. EPA is also updating the table in

40 CFR 60.4 regarding the NSPS delegation status for Region VIII

States. Last, EPA is updating the Region VIII address listed in 40 CFR

60.4.

EPA considers these changes to 40 CFR 60.4 to be minor amendments.

Section 553 of the Administrative

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Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for

good cause finds that notice and public procedure are impracticable,

unnecessary or contrary to the public interest, the agency may issue a

rule without providing notice and an opportunity for public comment.

Because these regulatory changes are minor in nature, EPA has

determined that there is good cause for making today's changes to 40

CFR 60.4 final without prior proposal and opportunity for comment.

Thus, notice and public procedure are unnecessary. EPA finds that this

constitutes good cause under 5 U.S.C. 553(b)(B).

II. What Is EPA's Authority for Granting Delegation?

Sections 110, 111(c)(1) and 301, of the Clean Air Act (Act), as

amended, authorize EPA to delegate authority to implement and enforce

the NSPS standards set out in 40 CFR part 60.

III. How Was the Delegation of Authority Granted by EPA?

On May 21, 1999, the Governor of Wyoming submitted a request for

delegation of authority for the NSPS in effect as of July 1, 1997. This

delegation request was submitted subsequent to the State revising its

adoption of the Federal NSPS by reference in section 22 of the Wyoming

Air Quality Standards and Regulations (WAQSR). With this adoption of

the NSPS as in effect on July 1, 1997, the State adopted four new NSPS

subparts: large municipal waste combustors for which construction is

commenced after September 20, 1994 or for which modification or

reconstruction is commenced after June 19, 1996 (subpart Eb), volatile

organic compound emissions from synthetic organic chemical

manufacturing industry reactor processes (subpart RRR), calciners and

dryers in mineral industries (subpart UUU), and municipal solid waste

landfills (subpart WWW).

EPA granted delegation of authority to the State of Wyoming to

implement and enforce the NSPS in effect as of July 1, 1997 in the

following letter dated June 3, 1999:

Honorable Jim Geringer,

Governor of Wyoming, State Capitol, Cheyenne, Wyoming 82002

Dear Governor Geringer: On May 21, 1999, you requested

delegation of authority for revisions to the New Source Performance

Standards (NSPS) in Section 22 of the Wyoming Air Quality Standards

and Regulations (WAQSR). The State revised its NSPS to reflect the

Federal NSPS in effect as of July 1, 1997.

Subsequent to states adopting NSPS regulations, EPA delegates

the authority for the implementation and enforcement of those NSPS,

so long as the State's regulations are equivalent to the Federal

regulations. EPA reviewed the pertinent statutes and regulations of

the State of Wyoming and determined that they provide an adequate

and effective procedure for the implementation and enforcement of

the NSPS by the State of Wyoming. Therefore, pursuant to Section

111(c) of the Clean Air Act (Act), as amended, and 40 CFR Part 60,

EPA hereby delegates its authority for the implementation and

enforcement of four NSPS to the State of Wyoming as follows:

(A) Responsibility for all sources located, or to be located, in

the State of Wyoming subject to the standards of performance for new

stationary sources promulgated in 40 CFR Part 60. The categories of

new stationary sources covered by this delegation are as follows:

large municipal waste combustors for which construction is commenced

after September 20, 1994 or for which modification or reconstruction

is commenced after June 19, 1996 (Subpart Eb), volatile organic

compound emissions from synthetic organic chemical manufacturing

industry reactor processes (Subpart RRR), calciners and dryers in

mineral industries (Subpart UUU), and municipal solid waste

landfills (Subpart WWW).

(B) Not all authorities of NSPS can be delegated to states under

Section 111(c) of the Act, as amended. The EPA Administrator retains

authority to implement those sections of the NSPS that require: (1)

approving equivalency determinations and alternative test methods,

(2) decision making to ensure national consistency, and (3) EPA

rulemaking to implement. Therefore, of the NSPS of 40 CFR Part 60

being delegated in this letter, the following sections are not

delegated to the State of Wyoming:

(i) 40 CFR 60.703(e), pertaining to volatile organic compound

emissions from synthetic organic chemical manufacturing industry

reactor processes (Subpart RRR); and

(ii) 40 CFR 60.754(a)(5), pertaining to municipal solid waste

landfills (Subpart WWW).

(C) As 40 CFR Part 60 is updated, Wyoming should revise its

regulations accordingly and in a timely manner.

This delegation is based upon and is a continuation of the same

conditions as those stated in EPA's original delegation letter of

August 2, 1977, except that condition 6, relating to Federal

facilities, was voided by the Clean Air Act Amendments of 1977.

Please also note that EPA retains concurrent enforcement authority

as stated in condition 3. In addition, if at any time there is a

conflict between a State and Federal NSPS regulation, the Federal

regulation must be applied if it is more stringent than that of the

State, as stated in condition 9. EPA published its August 2, 1977

delegation letter in the notices section of the September 15, 1977

Federal Register (42 FR 46386), along with an associated rulemaking

notifying the public that certain reports and applications required

from operators of new or modified sources shall be submitted to the

State of Wyoming (42 FR 46304). Copies of the Federal Register are

enclosed for your convenience.

Since this delegation is effective immediately, there is no need

for the State to notify the EPA of its acceptance. Unless we receive

written notice of objections from you within ten days of the date on

which you receive this letter, the State of Wyoming will be deemed

to accept all the terms of this delegation. EPA will publish an

information notice in the Federal Register in the near future to

inform the public of this delegation, in which this letter will

appear in its entirety.

If you have any questions on this matter, please contact me or

have your staff contact Richard Long, Director of our Air and

Radiation Program, at (303) 312-6005.

Sincerely yours,

William P. Yellowtail,

Regional Administrator.

Enclosures

cc: Dan Olson, Administrator, Wyoming Air Quality Division

IV. How Do I Know Which NSPS Subparts Have Been Delegated by EPA to

the States?

We publish a table in 40 CFR 60.4 for Region VIII States that

identifies, for each State, the NSPS subparts for which EPA has

delegated authority to implement. In this document, we update that

table to reflect the NSPS subparts delegated to Wyoming. We are also

correcting an error in that table to identify that subpart E--

Incinerators has been delegated to Wyoming.

V. What Are the Administrative Requirements Associated With This

Document?

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this

action is not a ``significant regulatory action'' and is therefore not

subject to review by the Office of Management and Budget. Because the

agency has made a ``good cause'' finding that this action is not

subject to notice-and-comment requirements under the Administrative

Procedure Act or any other statute (see section I. of this document),

it is not subject to the regulatory flexibility provisions of the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202

and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law

104-4). In addition, this action does not significantly or uniquely

affect small governments or impose a significant intergovernmental

mandate, as described in sections 203 and 204 of UMRA. This rule also

does not significantly or uniquely affect the communities of tribal

governments, as specified by Executive Order 13084 (63 FR 27655, May

10, 1998). This rule 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 (64

FR 43255,

[[Page 1325]]

August 10, 1999). This rule also is not subject to Executive Order

13045 (62 FR 19885, April 23, 1997), because it is not economically

significant.

This minor action does not involve technical standards; thus, 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. The rule

also does not involve special consideration of environmental justice

related issues as required by Executive Order 12898 (59 FR 7629,

February 16, 1994). In issuing this rule, EPA has taken the necessary

steps to eliminate drafting errors and ambiguity, minimize potential

litigation, and provide a clear legal standard for affected conduct, as

required by section 3 of Executive Order 12988 (61 FR 4729, February 7,

1996). EPA has complied with Executive Order 12630 (53 FR 8859, March

15, 1988) by examining the takings implications of the rule in

accordance with the ``Attorney General's Supplemental Guidelines for

the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued

under the executive order. 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. This action

is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

Environmental protection, Air pollution control, Aluminum, ammonium

sulfate plants, Beverages, Carbon monoxide, Cement industry, Coal,

Copper, Drycleaners, Electric power plants, Fertilizers, Fluoride,

Gasoline, Glass and glass products, Grains, Graphic arts industry,

Household appliances, Insulation, Intergovernmental relations, Iron,

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, Reporting and recordkeeping requirements, Sewage disposal,

Steel, Sulfur oxides, Tires, Urethane, Vinyl, Waste treatment and

disposal, Wool, Zinc.

Dated: December 22, 1999.

William P. Yellowtail,

Regional Administrator, Region VIII.

Part 60, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 60--[AMENDED]

1. The authority citation for part 60 continues to read as follows:

Authority: 42 U.S.C. 7401, 7411, 7414, 7416, and 7601 as amended

by the Clean Air Act Amendments of 1990, Pub. L. 101-549, 104 Stat.

2399 (November 15, 1990; 402, 409, 415 of the Clean Air Act as

amended, 104 Stat. 2399, unless otherwise noted).

Subpart A--General Provisions

2. Section 60.4 is amended by:

a. Revising the address listed for ``Region VIII'' in paragraph (a)

to read as follows; and

b. Amending the table entitled ``Delegation Status of New Source

Performance Standards [(NSPS) for Region VIII]'' by adding a new entry

for ``Eb--Large Municipal Waste Combustors'' and by revising the

entries for ``E--Incinerators,'' ``RRR--VOC Emissions from Synthetic

Organic Chemical Manufacturing Industry (SOCMI) Reactor Process,''

``UUU--Calciners and Dryers in Mineral Industries,'' and ``WWW--

Municipal Solid Waste Landfills'' to read as follows:

Sec. 60.4 Address.

(a) * * *

Region VIII (Colorado, Montana, North Dakota, South Dakota,

Utah, Wyoming), Assistant Regional Administrator, Office of

Enforcement, Compliance and Environmental Justice, 999 18th Street,

Suite 500, Denver, CO 80222-2466.

* * * * *

(c) * * *

Delegation Status of New Source Performance Standards

[(NSPS) for Region VIII]

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Subpart CO MT\1\ ND SD\1\ UT\1\ WY

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* * * * * *

E--Incinerators................................................. (*) (*) (*) (*) (*) (*)

* * * * * *

Eb--Large Municipal Waste Combustors............................ ...... ...... ...... ...... ...... (*)

* * * * * *

RRR--VOC Emissions from Synthetic Organic Chemical Manufacturing (*) ...... (*) ...... (*) (*)

Industry (SOCMI) Reactor Process...............................

* * * * * *

UUU--Calciners and Dryers in Mineral Industries................. (*) ...... (*) ...... (*) (*)

* * * * * *

WWW--Municipal Solid Waste Landfills............................ ...... ...... (*) ...... (*) (*)

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(*) Indicates approval of State regulation.

\1\ Indicates approval of State regulation as part of the State Implementation Plan (SIP).

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[FR Doc. 00-488 Filed 1-7-00; 8:45 am]

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