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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 61

[FRL-5169-9]

Approval of Delegation of Authority; National Emission Standards

for Hazardous Air Pollutants; Radionuclides; Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is granting delegation of authority to the State of Utah

to implement and enforce five National Emission Standards for Hazardous

Air Pollutants (NESHAP) for radionuclides. The Governor of Utah

requested delegation from EPA Region VIII in a letter dated June 4,

1993. EPA has reviewed the application and has reached a decision that

the State of Utah has satisfied all of the requirements necessary to

qualify for approval of delegation. The effect of this action allows

the State of Utah to implement and enforce specific radionuclide

NESHAP.

DATES: This action is effective May 15, 1995 unless adverse comments

are received by April 14, 1995. If the effective date is delayed due to

comments, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be submitted to Patricia D. Hull,

Director, Air, Radiation & Toxics Division, Environmental Protection

Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado

80202-2466 and concurrently to Russell A. Roberts, Director, Division

of Air Quality, Department of Environmental Quality, 1950 West North

Temple, Salt Lake City, Utah 84114-4820. A docket containing the State

of Utah's submittals are available for public inspection during normal

business hours at the above locations.

FOR FURTHER INFORMATION CONTACT: T. Scott Whitmore at (303) 293-1758.

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 has not been automatic. EPA's regional offices have

traditionally assumed the lead responsibility for administering the

radionuclides NESHAP. Because of the EPA Administrator's commitment to

enable state and local governments, as partners, to implement and

enforce the requirements of the Clean Air Act as amended in 1990 (CAA),

EPA wishes to extend delegated authority for the radionuclides program

to the states.

The State of Utah received financial assistance from EPA to develop

the radiation expertise and experience in implementing and enforcing an

effective radionuclides NESHAP program. Under a radionuclides NESHAP

grant workplan, the Department of Environmental Quality, State of Utah,

has developed an approvable program which includes the following

regulatory elements: emission limits, test methods, reporting and

monitoring requirements, enforcement authority, surveillance and public

notification procedures. Accordingly, the Governor of Utah submitted a

letter, dated June 4, 1993, requesting delegation of authority to

implement and enforce the radionuclides NESHAP, 40 CFR part 61,

subparts B, Q, R, T, and W.

As required by 40 CFR 63.91(a)(2), the EPA is seeking public

comments for 30 days. The comments shall be submitted concurrently to

the State of Utah and to EPA. The State of Utah can then submit a

response to the comments to EPA.

EPA is approving the State of Utah's request for delegation as a

direct final rule without prior proposal because EPA views this as a

noncontroversial action and anticipates no adverse comments. If no

adverse comments are received in response to this rule, this Federal

Register document will serve as the final notice of the approval to

delegate the implementation and enforcement of this program. The

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

further activity will be contemplated in relation to this rule. If EPA

receives adverse comments, the 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. Any parties

interested in commenting on this action should do so at this time.

Final Action

EPA has reviewed the pertinent statutes and regulations of the

State of Utah and the grant workplan accomplishments and has determined

that the State of Utah meets all of the statutory and regulatory

requirements established by Section 112 of the Clean Air Act as amended

in 1990 for the implementation and enforcement of the radionuclides

NESHAP. Therefore pursuant to section 112(l) of the Clean Air Act as

amended in 1990, 42 U.S.C. 7412(l), and 40 CFR 63.91, EPA hereby

delegates its authority for the implementation and enforcement of the

following National Emission Standards for Radionuclides for all sources

located, or to be located in the State of Utah:

(1) National Emission Standards for Radon Emissions from

Underground Uranium Mines (40 CFR part 61, subpart B),

(2) National Emission Standards for Radon Emissions from Department

of Energy Facilities (40 CFR part 61, subpart Q),

(3) National Emission Standards for Radon Emissions from

Phosphogypsum Stacks (40 CFR part 61, subpart R),

(4) National Emission Standards for Radon Emissions from the

Disposal of Uranium Mill Tailings (40 CFR part 61, subpart T). Note

that subpart T was amended on July 15, 1994 (59 FR 36283) and now only

applies to unlicensed disposal sites that are under the control of the

Department of Energy.

(5) National Emission Standards for Radon emissions from Operating

Mill Tailings (40 CFR part 61, subpart W).

Not all authorities for the NESHAP can be delegated to the state.

The EPA Administrator retains authority to implement those sections of

the NESHAP that require approval of equivalency determinations and

alternative test methods, decision-making to ensure national

consistency, and EPA rulemaking to implement including but not limited

to the following provisions of 40 CFR part 61:

(1) 40 CFR 61.04(b), which pertains to permitting the submission of

reports to the state only, instead of EPA and the state,

(2) 40 CFR 61.12(d)(1), which pertains to permitting an alternative

means of emission limitation,

(3) 40 CFR 61.13(h)(1)(ii), which pertains to approval of the use

of an alternative method of emission tests.

As the radionuclides NESHAP are updated, Utah should revise its

rules [[Page 13913]] and regulations accordingly and in a timely

manner.

EPA retains concurrent enforcement authority. If at any time there

is a conflict between the state and federal regulations, the federal

regulations must be applied if they are more stringent than the state

regulations.

Note that the only NESHAP for radionuclides for which Utah did not

request delegation and for which Utah may presently have sources is 40

CFR part 61, subpart I, National Emission Standards for Radionuclide

Emissions from Facilities Licensed by the Nuclear Regulatory Commission

and Federal Facilities Not Covered by subpart H. Subpart I was stayed

by EPA. The stay expired on November 15, 1992 and subpart I reporting

began on March 31, 1994.

Effective May 15, 1995 all notices, reports, and other

correspondence required under subparts B, Q, R, T, and W should be sent

to the State of Utah rather than to EPA Region VIII, Denver, Colorado.

List of Subjects in 40 CFR Part 61

Environmental protection, Air pollution control, Intergovernmental

relations, Radiation protection.

Dated: February 23, 1995.

Kerrigan Clough,

Acting Regional Administrator, Region VIII.

For reasons set forth in the preamble, 40 CFR part 61 is amended as

follows:

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

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

Authority: 42 U.S.C. 7412.

Subpart A--General Provisions

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

follows:

Sec. 61.04 Address.

* * * * *

(c) * * *

Region VIII.--Delegation Status of National Emission Standards for Hazardous Air Pollutants\1\

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Subpart CO MT\2\ ND\2\ SD\2\ UT\2\ WY

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

B--Radon Emissions from

Underground Uranium Mines........ ........... ........... ........... ........... (*) ...........

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

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

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

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

H--Emissions of Radionuclides

other than Radon from Department

of Energy Facilities............. ........... ........... ........... ........... ........... ...........

I--Radionuclide Emissions from

Facilities Licensed by the

Nuclear Regulatory Commission and

Federal Facilities not covered by

Subpart H........................ ........... ........... ........... ........... ........... ...........

J--Equipment Leaks (Fugitive

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

K--Radionuclide Emissions from

Elemental Phosphorus Plants...... ........... ........... ........... ........... ........... ...........

L--Benzene Emissions from Coke By-

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

M--Asbestos....................... (*) (*) (*) (*) (*) \3\(*)

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

Q--Radon Emissions from Department

of Energy Facilities............. ........... ........... ........... ........... (*) ...........

R--Radon Emission from

Phosphogypsum Stacks............. ........... ........... ........... ........... (*) ...........

T--Radon Emissions from the

Disposal of Uranium Mill Tailings ........... ........... ........... ........... (*) ...........

V--Equipment Leaks (Fugitive

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

W--Radon Emissions from Operating

Mill Tailings.................... ........... ........... ........... ........... (*) ...........

Y--Benzene Emissions from Benzene

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

BB--Benzene Emission from Benzene

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

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

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(*)Indicates approval of delegation of subpart to state.

\1\Authorities which may not be delegated include 40 CFR 61.04(b), 61.12(d)(1), 61.13(h)(1)(ii), 61.112(c),

61.164(a)(2), 61.164(a)(3), 61.172(b)(2)(ii)(B), 61.172(b)(2)(ii)(C), 61.174(a)(2), 61.174(a)(3), 61.242-

1(c)(2), 61.244, and all authorities listed as not delegable in each subpart under Delegation of Authority.

\2\Indicates approval of National Emission Standards for Hazardous Air Pollutants as part of the State

Implementation Plan (SIP) with the exception of the radionuclide NESHAP Subparts B, Q, R, T, W which were

approved through Section 112(l) of the Clean Air Act.

\3\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.

[[Page 13914]] [FR Doc. 95-5976 Filed 3-14-95; 8:45 am]

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