[Federal Register Volume 64, Number 205 (Monday, October 25, 1999)]
[Rules and Regulations]
[Pages 57392-57393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27796]


=======================================================================
-----------------------------------------------------------------------

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

I. 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.

I. 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.

II. 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.

III. 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.

IV. 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.

V. 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.

VI. 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. 99-27796 Filed 10-22-99; 8:45 am]
BILLING CODE 6560-50-M