[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Rules and Regulations]
[Pages 50162-50163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25202]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[TN-AT-98-01; FRL-6163-4]


New Stationary Sources; Supplemental Delegation of Authority to 
Tennessee and Nashville-Davidson, Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of Authority.

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SUMMARY: The State of Tennessee and Nashville-Davidson County, 
Tennessee 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, but have remained 
undelegated by EPA, and to approve the mechanism for delegation 
(automatic) of future NSPS. The purpose of the agency requests 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, delegation of authority from EPA to the Tennessee 
Department of Environment and Conservation and the Metropolitan Health 
Department of Nashville and Davidson County will become effective on 
the date the NSPS is promulgated. No further State or local requests 
for delegation will be necessary. Likewise, no further Federal Register 
notices will be published. The EPA's review of each of the agencies' 
pertinent laws, rules, and regulations indicate that adequate and 
effective procedures are in place for the implementation and 
enforcement of these Federal standards. This document was written to 
inform the public of delegations that were made to the above mentioned 
agencies for which a Federal Register notice was not previously written 
and to inform the public of the agencies' new mechanism for delegation 
of future NSPS.

EFFECTIVE DATE: The effective date is September 21, 1998.

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
Tennessee Department of Environment and Conservation, Division of Air 
Pollution Control, 9th Floor L&C Annex, 401 Church Street, Nashville, 
Tennessee 37243-1531
Metropolitan Health Department of Nashville and Davidson County, Bureau 
of Environmental Health Services, 311--23rd Avenue, North, Nashville, 
Tennessee 37203,

    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 following addresses:

Tennessee Department of Environment and Conservation, Division of Air 
Pollution Control, 9th Floor L&C Annex, 401 Church Street, Nashville, 
Tennessee 37243-1531
Metropolitan Health Department of Nashville and Davidson County, Bureau 
of Environmental Health Services, 311--23rd Avenue, North, Nashville, 
Tennessee 37203.

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, 
authorizes EPA to delegate authority to implement and enforce the 
standards set out in 40 CFR Part 60, New Source Performance Standards 
(NSPS).
    On April 11, 1980, the EPA initially delegated the authority for 
implementation and enforcement of the NSPS program to the State of 
Tennessee and on May 25, 1977, the NSPS program was initially delegated 
to the Nashville-Davidson County local program. 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.
    The State of Tennessee:
    Currently, no NSPS regulations are waiting delegation.
    Nashville-Davidson County, Tennessee:

Delegation Requested on October 24, 1996:
    40 CFR part 60, Subpart Ea, as amended 12-19-95
    40 CFR part 60, Subpart Eb, promulgated 12-19-95
    40 CFR part 60, Subpart WWW, promulgated 3-12-96
Delegation Requested on October 6, 1997:
    40 CFR part 60, Subpart Ec, promulgated 9-15-97

    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--Secs. 60.8(b) (1) through (5), Sec. 60.11(e) (7) and (8), 
Sec. 60.13 (g), (i) and (j)(2)
2. Subpart B--Secs. 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

[[Page 50163]]

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 
determined that such a delegation 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 appropriate above mentioned 
agency.
    Since review of the pertinent laws, rules, and regulations for the 
State and local agencies have 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 (automatic) of 
future NSPS source categories upon publication of this Federal Register 
notice.
    The Office of Management and Budget has exempted this rule from the 
requirements of section 6 of Executive Order 12866.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added 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: September 8, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 98-25202 Filed 9-18-98; 8:45 am]
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