[Federal Register Volume 59, Number 48 (Friday, March 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5613]


[[Page Unknown]]

[Federal Register: March 11, 1994]


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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    
----------------------------------------------------------------------------------------------------------------
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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