Air programs; State authority delegations: Oklahoma,

[Federal Register: October 25, 1999 (Volume 64, Number 205)]

[Rules and Regulations]

[Page 57392-57393]

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

[DOCID:fr25oc99-6]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[OK17-1-7410; FRL-6463-2]

Standards of Performance for New Stationary Sources (NSPS); Supplemental Delegation of Authority to the State of Oklahoma

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of authority.

SUMMARY: The purpose of this document is to inform the public that the EPA approved the updated delegation of authority to the State of Oklahoma for implementation and enforcement of NSPS. This action is in response to a request from the Oklahoma Department of Environmental Quality (ODEQ).

On November 2, 1998, the State of Oklahoma approved an emergency rule that incorporates by reference EPA's New Source Performance Standards in 40 CFR part 60. Both emergency and permanent rules incorporating by reference the NSPS were adopted by the Environmental Quality Board on September 15, 1998 and the permanent rules took effect June 1, 1999. The State adopted all of the NSPS except subpart AAA, New Residential Wood Heaters, and those sections that contain authorities reserved by the EPA.

EFFECTIVE DATE: The effective date of the delegation of authority is October 8, 1999.

ADDRESSES: The related materials in support of this action may be requested by writing to the following address: Environmental Protection Agency, Region 6, Air Planning Section (6PD-L),

[[Page 57393]]

1445 Ross Avenue, Dallas, Texas 75202-2733.

Oklahoma Department of Environmental Quality, Air Quality Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677.

FOR FURTHER INFORMATION CONTACT: Mr. Ken Boyce, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202, telephone: (214) 665-7259.

SUPPLEMENTARY INFORMATION:

Table of Contents

1. What is the Authority for delegation? II. What was the existing delegation? III. What is being delegated? IV. What is not being delegated? V. What about the NESHAP delegation agreement? VI. Administrative requirements.

1. What is the Authority for Delegation?

   Sections 110, 111(c)(1) and 301, of the Clean Air Act (ACT) as amended November 15, 1990, authorize EPA to delegate authority to implement and enforce the standards set out in 40 CFR part 60, NSPS.

2. What was the Existing Delegation?

   The original delegation of NSPS authority to Oklahoma was granted by EPA on March 25, 1982. This delegation was granted based on the State incorporating the NSPS requirements into future permits; therefore, the delegation excluded the authority to enforce the standards against sources constructed or modified prior to the effective date of the delegation.

3. What is Being Delegated?

   On November 2, 1998, under the State's ``Emergency Rules'' statute (75 Oklahoma Statue, supplement 1998, section 253, Statutes and Reports), the State adopted emergency rules that incorporated by reference the NSPS in 40 CFR part 60. Both emergency and permanent rules were adopted by the Oklahoma Environmental Quality Board on September 15, 1998, and both were signed by the Governor on November 2, 1998. While the emergency rules took effect on November 2, 1998, the Oklahoma legislature reviewed and approved the permanent rules that became effective on June 1, 1999.

   After a thorough review of the newly adopted rule, the Regional Administrator has determined that this action was appropriate for all source categories constructed or modified prior to the effective date of this delegation. All sources subject to the requirements of 40 CFR part 60 will now be under the jurisdiction of the State as appropriate.

   Since review of the pertinent laws, rules, and regulations for the State has down them to be adequate for implementation and enforcement authority, EPA hereby notifies the public that it has extended the delegation of authority to all sources upon the effective date of the Regional Administrator's letter. Based on ODEQ's additional authority, EPA has updated the delegation agreement. This delegation is based upon the State's incorporation by reference of NSPS which will apply regardless of date. It is also important to note that EPA retains concurrent enforcement authority.

4. What is not Being Delegated?

   It is important to note that no delegation authority is granted to the ODEQ for Indian lands. In 1983, the President established a Federal Indian Policy which emphasized the principle of Indian ``self- government,'' and direct dealing with Indian Nations on a ``government- to-government'' basis. We have adopted this policy for administration of the environmental programs on Indian lands. Also, no authority is delegated to the State for 40 CFR part 60, subpart AAA, Standards of Performance for New Residential Wood Heaters.

5. What About the NESHAP Delegation Agreement?

   This will not affect the 1982 delegation agreement with ODEQ for NESHAPs. Any changes with that agreement will be addressed separately in the future.

6. Administrative Requirements

   Under Executive Order (E.O.) 12866, Regulatory Planning and Review (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.

   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 document is issued under the authority of sections 101, 110, 111, and 301 of the Act, as Amended (42 U.S.C. 7401, 7410, 7411, and 7601).

   Dated: October 7, 1999. Jerry Clifford, Acting Regional Administrator, Region 6.

   [FR Doc. 99-27796Filed10-22-99; 8:45 am]

   BILLING CODE 6560-50-M