Air programs; State authority delegations: Alabama and Georgia,

[Federal Register: March 25, 1999 (Volume 64, Number 57)]

[Rules and Regulations]

[Page 14393-14394]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr25mr99-9]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AL-AT-98-01; FRL-6315-4]

New Stationary Sources; Supplemental Delegation of Authority to the State of Alabama and the State of Georgia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of authority.

SUMMARY: The States of Alabama and Georgia have requested that EPA delegate authority for implementation and enforcement of existing New Source Performance Standards (NSPS) which have been previously adopted by the State agencies, but have remained undelegated by EPA, and to approve the mechanism for delegation (adopt-by-reference) of future NSPS. The purpose of the States' request for approval of their delegation mechanism is to streamline the existing administrative procedures by eliminating unnecessary steps involved in taking delegation of federal NSPS regulations. With the new NSPS delegation mechanism in place, once a new or revised NSPS is promulgated by EPA, formal delegation of authority from EPA to the Alabama Department of Environmental Management and the Georgia Department of Natural Resources will become effective on the date that the NSPS is adopted by the respective State agency without change. No further State requests for delegation will be necessary. Likewise, no further Federal Register notices will be published. If an NSPS regulation is adopted with changes, EPA reserves the right to review and comment on the adopted NSPS. The State will notify EPA, and in return, EPA will review any State revisions and reserve the option to implement the NSPS regulation directly,

[[Page 14394]]

in which case a Federal Register notice will advise accordingly. The EPA's review of the States of Alabama's and the State of Georgia's pertinent laws, rules, and regulations at the time of original delegation indicate that adequate and effective procedures were in place for the implementation and enforcement of these Federal standards. NSPS requirements have been successfully implemented since that time for more than 20 years for applicable sources. This notice was written to inform the public of delegations made to the State of Alabama and the State of Georgia for which a Federal Register notice was not previously written and to inform the public of their new mechanism for delegation of future NSPS.

EFFECTIVE DATE: The effective date is March 25, 1999.

ADDRESSES: Copies of the request for delegation of authority and EPA's letter of delegation are available for public inspection during normal business hours at the following locations:

Environmental Protection Agency, Region 4, Air & Radiation Technology Branch, 61 Forsyth Street, S.W., Atlanta, Georgia 30303. Alabama Department of Environmental Management-Air Division, 1751 Cong. W. L. Dickinson Drive, Montgomery, Alabama 36130. Georgia Department of Natural Resources, Environmental Protection Division, 4244 International Parkway, Suite 120, Atlanta, Georgia 30354

Effective immediately, all requests, applications, reports and other correspondence required pursuant to the delegated standards should not be submitted to the Region 4 office, but should instead be submitted to the appropriate following address: Alabama Department of Environmental Management-Air Division, 1751 Cong. W. L. Dickinson Drive, Montgomery, Alabama 36130, or Georgia Department of Natural Resources, Environmental Protection Division, 4244 International Parkway, Suite 120, Atlanta, Georgia 30354

FOR FURTHER INFORMATION CONTACT: Ms. Katy Forney, Air & Radiation Technology Branch, Environmental Protection Agency, Region 4, 61 Forsyth St. SW, Atlanta, Georgia 30303, 404-562-9130.

SUPPLEMENTARY INFORMATION: Section 301, in conjunction with sections 110 and 111(c)(1) of the Clean Air Act as amended November 15, 1990, authorize EPA to delegate authority to implement and enforce the standards set out in 40 CFR part 60, New Source Performance Standards (NSPS).

On August 5, 1976, the EPA initially delegated the authority for implementation and enforcement of the NSPS program to the State of Alabama and on May 3, 1976, the NSPS program was initially delegated to the State of Georgia. These agencies have subsequently requested a delegation of authority for implementation and enforcement of the previously adopted, undelegated part 60 NSPS categories listed below as well as future NSPS categories codified in 40 CFR part 60.

State of Alabama

1. 40 CFR part 60, subpart VV, adopted August 17, 1997.

   State of Georgia

   Currently, no NSPS regulations are waiting delegation.

   All current NSPS categories are delegated with the exception of the following sections within those subparts that may not be delegated. Future NSPS regulations will contain a list of sections that will not be delegated for that subpart.

1. Subpart A--Sec. 60.8(b) (1) thru (5), Sec. 60.11(e) (7) and (8), Sec. 60.13 (g), (i) and (j)(2) 2. Subpart B--Sec. 60.22, Sec. 60.27, and Sec. 60.29 3. Subpart Da--Sec. 60.45a 4. Subpart Db--Sec. 60.44b(f), Sec. 60.44b(g), Sec. 60.49b(a)(4) 5. Subpart Dc--Sec. 60.48c(a)(4) 6. Subpart Ec--Sec. 60.56(c)(i) 7. Subpart J--Sec. 60.105(a)(13)(iii), Sec. 60.106(i)(12) 8. Subpart Ka--Sec. 60.114a 9. Subpart Kb--Sec. 60.111b(f)(4), Sec. 60.114b, Sec. 60.116b(e)(3) (iii) and (iv), Sec. 60.116b(f)(2)(iii) 10. Subpart O--Sec. 60.153(e) 11. Subpart EE--Sec. 60.316(d) 12. Subpart GG--Sec. 60.334(b)(2), Sec. 60.335(f)(1) 13. Subpart RR--Sec. 60.446(c) 14. Subpart SS--Sec. 60.456(d) 15. Subpart TT--Sec. 60.466(d) 16. Subpart UU--Sec. 60.474(g) 17. Subpart VV--Sec. 60.482-1(c)(2) and Sec. 60.484 18. Subpart WW--Sec. 60.496(c) 19. Subpart XX--Sec. 60.502(e)(6) 20. Subpart AAA--Sec. 60.533, Sec. 60.534, Sec. 60.535, Sec. 60.536(i)(2), Sec. 60.537, Sec. 60.538(e), Sec. 60.539 21. Subpart BBB--Sec. 60.543(c)(2)(ii)(B) 22. Subpart DDD--Sec. 60.562-2(c) 23. Subpart III--Sec. 60.613(e) 24. Subpart NNN--Sec. 60.663(e) 25. Subpart RRR--Sec. 60.703(e) 26. Subpart SSS--Sec. 60.711(a)(16), Sec. 60.713(b)(1)(i), Sec. 60.713(b)(1)(ii), Sec. 60.713(b)(5)(i), Sec. 60.713(d), Sec. 60.715(a), Sec. 60.716 27. Subpart TTT--Sec. 60.723(b)(1), Sec. 60.723(b)(2)(i)(C), Sec. 60.723(b)(2)(iv), Sec. 60.724(e), Sec. 60.725(b) 28. Subpart VVV--Sec. 60.743(a)(3)(v) (A) and (B), Sec. 60.743(e), Sec. 60.745(a), Sec. 60.746

   After a thorough review of the request, the Regional Administrator has determined that such a delegation request was appropriate for all source categories. All sources subject to the requirements of 40 CFR part 60 will now be under the jurisdiction of the State of Alabama or the State of Georgia, as appropriate.

   Since review of the pertinent laws, rules, and regulations for the State of Alabama and the State of Georgia has shown them to be adequate for implementation and enforcement of existing, previously adopted, undelegated NSPS and future NSPS, EPA hereby notifies the public that it has delegated the authority for existing, previously adopted and undelegated NSPS as well as the mechanism for delegation of future NSPS source categories upon publication of this Federal Register notice.

   The Office of Management and Budget (OMB) has exempted this regulatory action from Executive Order (E.O.) 12866, entitled ``Regulatory Planning and Review.''

   The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, does not apply because this action is not a rule, as that term is defined in 5 U.S.C. 804(3).

   Authority: This notice is issued under the authority of sections 101, 110, 111, 112 and 301 of the Clean Air Act, as Amended (42 U.S.C. 7401, 7410, 7411, 7412 and 7601).

   Dated: March 8, 1999. A. Stanley Meiburg, Acting Regional Administrator, Region 4.

   [FR Doc. 99-7333Filed3-24-99; 8:45 am]

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