Interim Approval of Delegation of Authority; National Emission Standards for Hazardous Air Pollutants; Radionuclides; Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 61

[FRL-5269-8]

Interim Approval of Delegation of Authority; National Emission

Standards for Hazardous Air Pollutants; Radionuclides; Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is granting interim delegation of authority to the state

of Washington to implement and enforce two National Emission Standards

for Hazardous Air Pollutants (NESHAPs) for radionuclides: National

Emission Standards for Emissions of Radionuclides other than Radon from

Department of Energy Facilities (40 CFR part 61, subpart H) and

National Emission Standards for Radionuclide Emissions from Facilities

Licensed by the Nuclear Regulatory Commission and Federal Facilities

not covered by subpart H (40 CFR part 61, subpart I), as promulgated,

for sources subject to the part 70 operating permits program of the

state of Washington under Title V of the Clean Air Act.

DATES: This action will be effective on October 2, 1995 unless adverse

comments are received by September 1, 1995. If the effective date is

delayed due to comments, timely notice will be published in the Federal

Register.

ADDRESSES: Written comments should be addressed to: Richard Poeton, Air

& Radiation Branch (AT-082), EPA, 1200 Sixth Avenue, Seattle,

Washington, 98101, and concurrently to Allen W. Conklin, Head, Air

Emissions and Defense Waste Section, Washington Department of Health,

Airdustrial Center Building #5, P.O. Box 47827, Olympia, Washington,

98504-7827.

Copies of the state of Washington's application are available for

public inspection during normal business hours at the above locations.

FOR FURTHER INFORMATION CONTACT: Richard Poeton at (206) 553-8633.

SUPPLEMENTARY INFORMATION:

Background

Due to the unique nature of radionuclide materials, delegation of

authority to states to implement and enforce a NESHAP program for

radionuclides is not automatic, and certain standards may only be

delegated as promulgated. EPA's regional offices have traditionally

assumed the lead responsibility for administering the radionuclides

NESHAP. However, EPA is committed to enabling state and local

governments, as partners, to implement and enforce the requirements of

the Clean Air Act.

On March 28, 1994, the state of Washington submitted an application

for approval of its programs and delegation of authority under section

112(l) of the Clean Air Act and in accordance with 40 CFR 63.91, for

NESHAPS pertaining to radionuclide emissions (40 CFR part 61, subparts

H and I, as promulgated). These standards have been incorporated into

the law of the state of Washington.

EPA already promulgated interim approval of the Part 70 operating

permits program under Title V of the Clean Air Act for the state of

Washington (see 59 FR 55813 (November 9, 1994)). Part 70 approval also

confers approval under section 112(l) for delegation of unchanged

federal standards because requirements for part 70 approval, specified

in 40 CFR 70.4(b), encompass section 112(l)(5) approval requirements.

Therefore, for part 70 sources, Part 70 approval also constitutes

approval under section 112(l)(5) of the state's programs for delegation

of section 112 standards that are unchanged from federal standards as

promulgated.

EPA is granting interim delegation as a direct final rule without

prior proposal because EPA views this as a noncontroversial action and

anticipates no adverse comments. However, as required by 40 CFR

63.91(a)(2), EPA is seeking public comments for 30 days. Comments shall

be submitted concurrently to EPA and the state of Washington. If no

adverse comments are received in response to this rule, this

[[Page 39264]]

Federal Register notice will serve as the final notice of the interim

delegation of the implementation and enforcement of this program. The

effective date will be 60 days from the date of this publication and no

further activity is contemplated in relation to this rule. If EPA

receives adverse comments, this direct final rule will be withdrawn and

all public comments received will be addressed in a subsequent final

rule based on the accompanying proposed rule which appears in the

proposed rule section of this Federal Register. However, EPA will not

institute a second comment period on this action. Thus, any parties

interested in commenting on this action should do so in the next 30

days.

Final Action

Pursuant to Section 112(l) of the Clean Air Act, 42 U.S.C. 7412(l),

and 40 CFR 63.91, EPA hereby grants interim delegation of its authority

for the implementation and enforcement of the following National

Emission Standards for Radionuclides for sources subject to part 70 and

located, or to be located, in the state of Washington:

(1) National Emission Standards for Emissions of Radionuclides

Other Than Radon From Department of Energy Facilities (40 CFR part 61,

Subpart H); and

(2) National Emission Standards for Radionuclide Emissions From

Facilities Licensed by the Nuclear Regulatory Commission and Federal

Facilities Not Covered by Subpart H (40 CFR part 61, Subpart I).

This interim delegation is limited to the NESHAP standards and

authorities as promulgated in 40 CFR part 61, Subparts H and I, applied

to part 70 sources, and incorporated into the law of the state of

Washington: the delegation does not extend to any additional state

standards. Specifically, EPA's interim delegation applies to WAC 246-

247-040(1), to the extent the standards reference the federal standards

as promulgated; WAC 246-247-075(1); WAC 246-247-080(2); WAC 246-247-

085(1), where it incorporates by reference the monitoring, testing,

quality assurance, recordkeeping, reporting, and compliance

determination procedures and requirements of the federal standards. The

federal requirement to file an application to construct or modify has

not been incorporated into Washington state law. Therefore, facilities

subject to the federal NESHAPs are still required to submit all such

applications to EPA.

Not all authorities for the implementing and enforcing the NESHAPs

can be delegated to the state. For instance, the EPA Administrator

retains authority to implement those sections of the NESHAP that

require approval of equivalency determinations and alternative test

methods, allow waivers for emission testing and compliance, and to

promulgate rules to implement 40 CFR part 61.

EPA retains concurrent enforcement authority. In exercising its

concurrent authority, EPA is not bound by any state action or

determination in carrying out any authority delegated to the state

pursuant to section 112(l). If at any time there is a conflict between

the state and federal regulations, the federal standards apply if they

are more stringent than the state regulations.

This interim delegation, which may not be renewed, extends until

November 9, 1996, which is the expiration date of the interim approval

of the Washington Title V operating permits program. If EPA grants full

approval of the Washington Title V operating permits program, full

delegation of these two radionuclide NESHAPS (40 CFR part 61, subparts

H and I) for part 70 sources may be incorporated into that approval. If

EPA has not granted full delegation to the state by that date, EPA will

resume sole authority for implementation of the federal radionuclide

NESHAPS in Washington at that time.

List of Subjects in 40 CFR Part 61

Environmental protection, Air pollution control, Intergovernmental

relations, Radiation protection.

Dated: July 20, 1995.

Chuck Clarke,

Regional Administrator, Region 10.

[FR Doc. 95-18987 Filed 8-1-95; 8:45 am]

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