[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Rules and Regulations]
[Pages 50163-50164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25203]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[FL-AT-98-01; FRL-6163-5]


New Stationary Sources; Supplemental Delegation of Authority to 
the State of Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of Authority.

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SUMMARY: The State of Florida has 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 (adopt-by-reference) of future NSPS. The purpose of 
Florida's 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 Florida Department of Environmental 
Protection will become effective on the date that the NSPS is adopted 
by the State of Florida 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, in which case a Federal Register notice will advise 
accordingly. The EPA's review of Florida's pertinent laws, rules, and 
regulations indicates 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 made to the State of Florida for which a Federal Register 
notice was not previously written and to inform the public of Florida's 
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
Florida Department of Environmental Protection, Division of Air 
Resources Management, 2600 Blair Stone Road, Tallahassee, Florida 
32399-2400.

    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 address: Florida Department of Environmental 
Protection, Division of Air Resources Management, 2600 Blair Stone 
Road, Tallahassee, Florida 32399-2400.

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 June 10, 1982, the EPA initially delegated the authority for 
implementation and enforcement of the NSPS program to the State of 
Florida. The State of Florida 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.

1. Subpart Eb, adopted June 5, 1996
2. Subpart VV, adopted June 5, 1996
3. Subpart NNN, adopted June 5, 1996
4. Subpart QQQ, adopted June 5, 1996
5. Subpart RRR, adopted June 5, 1996
6. Subpart A, adopted October 7, 1996
7. Subpart Dc, adopted October 7, 1996
8. Subpart J, adopted October 7, 1996
9. Subpart VV, adopted October 7, 1996
10. Subpart WWW, adopted October 17, 1996
11. Subpart A, adopted February 24, 1997
12. Subpart X, adopted October 23, 1997
13. Subpart OOO, adopted October 23, 1997
14. Subpart Eb, adopted March 2, 1998
15. Subpart Ec, adopted March 2, 1998

    All current NSPS categories are delegated with the exception of the

[[Page 50164]]

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 Florida.
    Since review of the pertinent laws, rules, and regulations for the 
State agency 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 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. 98-25203 Filed 9-18-98; 8:45 am]
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