[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39263-39264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18987]



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


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.

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

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]
BILLING CODE 6560-50-P