Delegation of Authority; Wyoming; National Emission Standards for Hazardous Air Pollutants

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 61

[FRL-4848-3]

Delegation of Authority; Wyoming; National Emission Standards for

Hazardous Air Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Delegation of authority.

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SUMMARY: EPA is providing notice that it granted delegation of

authority to the State of Wyoming on December 6, 1993 to implement and

enforce National Emission Standards for Hazardous Air Pollutants

(NESHAPs) for asbestos in 40 CFR part 61, subpart M, which were adopted

by the State. This is a result of a November 4, 1993 request for

delegation from the State.

EFFECTIVE DATE: This action became effective on December 6, 1993.

ADDRESSES: Copies of the State's submittal are available for public

inspection between 8 a.m. and 4 p.m. Monday through Friday at the

following office:

Environmental Protection Agency, Region VIII, Air Programs Branch, 999

18th Street, suite 500, Denver, CO 80202-2466.

FOR FURTHER INFORMATION CONTACT: Brenda South, Environmental Protection

Agency, Region VIII Air Programs Branch, suite 500, Denver, CO 80202-

2466, (303) 294-7685.

SUPPLEMENTARY INFORMATION: Section 112(d) of the Clean Air Act (CAA)

permits EPA to delegate to the States the authority to implement and

enforce standards set forth in 40 CFR part 61, (NESHAPs). On November

4, 1993, the State of Wyoming submitted revisions to its Asbestos

NESHAP regulations. The submittal included the addition of the

following Asbestos NESHAP categories: Manufacturing, fabricating,

insulating materials, waste disposal for manufacturing, inactive waste

disposal sites for manufacturing and fabricating operations, operations

that convert asbestos-containing waste material into nonasbestos

(asbestos-free) material. Pursuant to such submittal, on December 6,

1993, delegation was given with the following letter:

Honorable Mike Sullivan,

Governor, State of Wyoming, Office of the Governor, Cheyenne,

Wyoming 82002

Dear Governor Sullivan: On November 4, 1993, you submitted

several revisions and additions to the Wyoming Air Quality Standards

and Regulations (WAQSR). This letter addresses only those WAQSR that

pertain to the National Emission Standards for Hazardous Air

Pollutants (NESHAPs) for asbestos, i. e., section 29, Emission

Standards of Asbestos for Demolition, Renovation, Manufacturing,

Spraying and Fabricating Air Pollution Control Rules and

Regulations.

Subsequent to states adopting NESHAP regulations, the

Environmental Protection Agency (EPA) delegates the authority for

the implementation and enforcement of those NESHAPs so long as those

regulations are equivalent to, or more stringent than, the federal

regulations. EPA, therefore, is acting on the delegation of

authority to Wyoming for implementation and enforcement of one

NESHAP.

EPA has reviewed the pertinent statutes and regulations of the

State of Wyoming and has determined that they provide an adequate

and effective procedure for the implementation and enforcement of

the NESHAPs by the State of Wyoming. Therefore, pursuant to section

112(d) of the Clean Air Act (CAA), as amended, and 40 CFR part 61,

EPA hereby delegates its authority for the implementation and

enforcement of the NESHAPs to the State of Wyoming as follows.

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

located, in the State of Wyoming subject to the emission standards

for hazardous air pollutants promulgated in 40 CFR part 61 subpart

M. The category of hazardous air pollutant sources covered by this

delegation is as follows: Asbestos manufacturing, demolition and

renovation, spraying, fabricating, insulating materials, waste

disposal for manufacturing, fabricating, demolition, renovation and

spraying operations, inactive waste disposal sites for manufacturing

and fabricating operations, air-cleaning, reporting, active waste

disposal sites, and operations that convert asbestos-containing

waste material into nonasbestos (asbestos-free) material. This

delegation does not include the following category of sources:

asbestos mills, roadways, waste disposal for asbestos mills, and

inactive waste disposal for asbestos mills. EPA will retain the

authority to implement and enforce those categories of sources not

delegated to the State.

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

under Section 112(d) of the CAA. The EPA Administrator retains the

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

Approving equivalency determinations and alternative test methods;

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

rulemaking to implement. The following are the authorities in 40 CFR

part 61 subpart M that EPA cannot delegate to the State:

(i) Section 61.149(c)(2) pertains to an alternative emission

control and waste treatment method for waste disposal for asbestos

mills;

(ii) Section 61.150(a)(4) pertains to an alternative emission

control and waste treatment method for waste disposal for

manufacturing, fabricating, demolition, renovation, and spraying

operations;

(iii) Section 61.151(c) pertains to an alternative control

method for inactive waste disposal sites for asbestos mills and

manufacturing and fabrication operations;

(iv) Section 61.152(b)(3) pertains to the use of filtering

equipment other than described in paragraphs (a)(1) and (b)(1) and

(2) of Section 61.152 for air cleaning;

(v) Section 61.154(d) pertains to an alternative emission

control method for active waste disposal sites; and

(vi) Section 61.155(a) pertains to the construction of a

facility which converts asbestos-containing waste material into

nonasbestos (asbestos-free) material.

(C) As 40 CFR part 61 subpart M is updated by EPA, Wyoming must

revise its rules and regulations accordingly and in a timely manner

or such delegation will be revoked.

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, has been voided by the Clean Air Act Amendments of 1977.

It is also important to note that EPA retains concurrent enforcement

authority as stated in condition 3. If at any time there is a

conflict between a State and Federal Regulation (40 CFR part 61

subpart M), the Federal Regulation must be applied if it is more

stringent than that of the State, as stated in condition 9 of our

letter dated August 2, 1977.

In addition, whereas the original delegation letter pertained

only to NSPS, those conditions in the original delegation letter now

apply to the Asbestos NESHAP, as appropriate. (A copy of the August

2, 1977 letter was published in the notices section of the Federal

Register of September 15, 1977 (42 FR 46386), along with the

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 have accepted all the terms of this delegation. An information

notice will be published in the Federal Register in the near future

informing the public of this delegation. This letter will appear in

such notice in its entirety.

Sincerely,

Jack W. McGraw,

Acting Regional Administrator

List of Subjects 40 CFR Part 61

Air pollution control, Arsenic, Asbestos, Benzene, Beryllium,

Hazardous substances, Mercury, Vinyl chloride.

Dated: March 1, 1994.

William P. Yellowtail,

Regional Administrator.

40 CFR part 61 is amended as follows:

PART 61--[AMENDED]

1. The authority citation for part 61 continues to read as follows:

Authority: 42 U.S.C. Secs. 101, 112, 114, 116, 301 Clean Air Act

as amended (42 U.S.C. 7401, 7412, 7414, 7416, 7601).

Subpart A--General Provisions

2. Section 61.04(c) is amended by revising the table to read as

follows:

Sec. 61.04 Address.

* * * * *

(c) * * *

Delegation Status of National Emission Standards for Hazardous Air Pollutants

[(NESHAPs) for Region VIII]

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State

Subpart -----------------------------------------------------------------------

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

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A. General Provisions................... (*) (*) (*) (*) (*) ..........

C. Beryllium............................ (*) (*) (*) .......... (*) ..........

D. Beryllium Rocket Motor Firing........ (*) (*) (*) .......... (*) ..........

E. Mercury.............................. (*) (*) (*) .......... (*) ..........

F. Vinyl Chloride....................... (*) (*) (*) .......... (*) ..........

J. Equipment Leaks (Fugitive Emission

Sources) of Benzene.................... (*) (*) (*) .......... (*) ..........

L. Benzene Emission From Coke By-Product

Recovery Plants........................ .......... (*) (*) .......... (*) ..........

M. Asbestos............................. (*) (*) (*) (*) (*) (*)\2\

N. Inorganic Arsenic Emissions From

Glass Manufacturing Plants............. .......... (*) (*) .......... (*) ..........

O. Inorganic Arsenic Emissions From

Primary Copper Smelters................ .......... (*) (*) .......... (*) ..........

P. Inorganic Arsenic Emissions From

Arsenic Trioxide and Metallic Arsenic

Production Facilities.................. .......... (*) (*) .......... (*) ..........

V. Equipment Leaks (Fugitive Emission

Sources)............................... .......... (*) (*) .......... (*) ..........

Y. Benzene Emissions From Benzene

Storage Vessels........................ .......... (*) (*) .......... (*) ..........

BB. Benzene Emissions From Benzene

Transfer Operations.................... .......... (*) (*) .......... (*) ..........

FF. Benzene Waste Operations............ .......... (*) .......... .......... (*) ..........

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(*)Indicates approval of state regulation.

\1\Indicates approval of National Emission Standards for Hazardous Air Pollutants as part of the State

Implementation Plan (SIP).

\2\Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations,

insulating materials, waste disposal for demolition, renovation, spraying, manufacturing and fabricating

operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that

convert asbestos-containing waste material into nonasbestos (asbestos-free) material.

[FR Doc. 94-5613 Filed 3-10-94; 8:45 am]

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