[Federal Register Volume 65, Number 6 (Monday, January 10, 2000)]
[Rules and Regulations]
[Pages 1323-1326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-488]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[WY-001-0005; FRL-6521-1]


Standards of Performance for New Stationary Sources; Supplemental 
Delegation of Authority to the State of Wyoming

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule and delegation of authority.

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SUMMARY: The purpose of this document is to inform the public that, on 
June 3, 1999, EPA updated its delegation of authority to the State of 
Wyoming for implementation and enforcement of the Federal new source 
performance standards (NSPS) as in effect on July 1, 1997. EPA granted 
delegation in response to a May 21, 1999 request from the Governor of 
Wyoming. EPA is also updating the table in 40 CFR part 60 regarding the 
NSPS delegation status for EPA Region VIII States, and EPA is updating 
the Region VIII address listed in 40 CFR part 60.

EFFECTIVE DATE: This action will be effective February 9, 2000. The 
delegation of authority to Wyoming became effective on June 3, 1999.

ADDRESSES: Copies of the documents relative to this delegation are 
available for inspection during normal business hours at the Air and 
Radiation Program, Environmental Protection Agency, Region VIII, 999 
18th Street, Suite 500, Denver, Colorado 80202-2466. Copies of the 
State documents relevant to this delegation are available for public 
inspection at the Air Quality Division, Department of Environmental 
Quality, 122 West 25th Street, Cheyenne, Wyoming 82002.

FOR FURTHER INFORMATION CONTACT: Vicki Stamper, EPA Region VIII, (303) 
312-6445.

SUPPLEMENTARY INFORMATION:

I. What Is the Purpose of This Document?

    EPA provides notice that, on June 3, 1999, we delegated authority 
to the State of Wyoming to implement and enforce the NSPS of 40 CFR 
part 60 as in effect on July 1, 1997. EPA is also updating the table in 
40 CFR 60.4 regarding the NSPS delegation status for Region VIII 
States. Last, EPA is updating the Region VIII address listed in 40 CFR 
60.4.
    EPA considers these changes to 40 CFR 60.4 to be minor amendments. 
Section 553 of the Administrative

[[Page 1324]]

Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for 
good cause finds that notice and public procedure are impracticable, 
unnecessary or contrary to the public interest, the agency may issue a 
rule without providing notice and an opportunity for public comment. 
Because these regulatory changes are minor in nature, EPA has 
determined that there is good cause for making today's changes to 40 
CFR 60.4 final without prior proposal and opportunity for comment. 
Thus, notice and public procedure are unnecessary. EPA finds that this 
constitutes good cause under 5 U.S.C. 553(b)(B).

II. What Is EPA's Authority for Granting Delegation?

    Sections 110, 111(c)(1) and 301, of the Clean Air Act (Act), as 
amended, authorize EPA to delegate authority to implement and enforce 
the NSPS standards set out in 40 CFR part 60.

III. How Was the Delegation of Authority Granted by EPA?

    On May 21, 1999, the Governor of Wyoming submitted a request for 
delegation of authority for the NSPS in effect as of July 1, 1997. This 
delegation request was submitted subsequent to the State revising its 
adoption of the Federal NSPS by reference in section 22 of the Wyoming 
Air Quality Standards and Regulations (WAQSR). With this adoption of 
the NSPS as in effect on July 1, 1997, the State adopted four new NSPS 
subparts: large municipal waste combustors for which construction is 
commenced after September 20, 1994 or for which modification or 
reconstruction is commenced after June 19, 1996 (subpart Eb), volatile 
organic compound emissions from synthetic organic chemical 
manufacturing industry reactor processes (subpart RRR), calciners and 
dryers in mineral industries (subpart UUU), and municipal solid waste 
landfills (subpart WWW).
    EPA granted delegation of authority to the State of Wyoming to 
implement and enforce the NSPS in effect as of July 1, 1997 in the 
following letter dated June 3, 1999:

Honorable Jim Geringer,
Governor of Wyoming, State Capitol, Cheyenne, Wyoming 82002

    Dear Governor Geringer: On May 21, 1999, you requested 
delegation of authority for revisions to the New Source Performance 
Standards (NSPS) in Section 22 of the Wyoming Air Quality Standards 
and Regulations (WAQSR). The State revised its NSPS to reflect the 
Federal NSPS in effect as of July 1, 1997.
    Subsequent to states adopting NSPS regulations, EPA delegates 
the authority for the implementation and enforcement of those NSPS, 
so long as the State's regulations are equivalent to the Federal 
regulations. EPA reviewed the pertinent statutes and regulations of 
the State of Wyoming and determined that they provide an adequate 
and effective procedure for the implementation and enforcement of 
the NSPS by the State of Wyoming. Therefore, pursuant to Section 
111(c) of the Clean Air Act (Act), as amended, and 40 CFR Part 60, 
EPA hereby delegates its authority for the implementation and 
enforcement of four NSPS to the State of Wyoming as follows:
    (A) Responsibility for all sources located, or to be located, in 
the State of Wyoming subject to the standards of performance for new 
stationary sources promulgated in 40 CFR Part 60. The categories of 
new stationary sources covered by this delegation are as follows: 
large municipal waste combustors for which construction is commenced 
after September 20, 1994 or for which modification or reconstruction 
is commenced after June 19, 1996 (Subpart Eb), volatile organic 
compound emissions from synthetic organic chemical manufacturing 
industry reactor processes (Subpart RRR), calciners and dryers in 
mineral industries (Subpart UUU), and municipal solid waste 
landfills (Subpart WWW).
    (B) Not all authorities of NSPS can be delegated to states under 
Section 111(c) of the Act, as amended. The EPA Administrator retains 
authority to implement those sections of the NSPS that require: (1) 
approving equivalency determinations and alternative test methods, 
(2) decision making to ensure national consistency, and (3) EPA 
rulemaking to implement. Therefore, of the NSPS of 40 CFR Part 60 
being delegated in this letter, the following sections are not 
delegated to the State of Wyoming:
    (i) 40 CFR 60.703(e), pertaining to volatile organic compound 
emissions from synthetic organic chemical manufacturing industry 
reactor processes (Subpart RRR); and
    (ii) 40 CFR 60.754(a)(5), pertaining to municipal solid waste 
landfills (Subpart WWW).
    (C) As 40 CFR Part 60 is updated, Wyoming should revise its 
regulations accordingly and in a timely manner.
    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, was voided by the Clean Air Act Amendments of 1977. 
Please also note that EPA retains concurrent enforcement authority 
as stated in condition 3. In addition, if at any time there is a 
conflict between a State and Federal NSPS regulation, the Federal 
regulation must be applied if it is more stringent than that of the 
State, as stated in condition 9. EPA published its August 2, 1977 
delegation letter in the notices section of the September 15, 1977 
Federal Register (42 FR 46386), along with an 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 accept all the terms of this delegation. EPA will publish an 
information notice in the Federal Register in the near future to 
inform the public of this delegation, in which this letter will 
appear in its entirety.
    If you have any questions on this matter, please contact me or 
have your staff contact Richard Long, Director of our Air and 
Radiation Program, at (303) 312-6005.
    Sincerely yours,
William P. Yellowtail,
Regional Administrator.
Enclosures
cc: Dan Olson, Administrator, Wyoming Air Quality Division

IV. How Do I Know Which NSPS Subparts Have Been Delegated by EPA to 
the States?

    We publish a table in 40 CFR 60.4 for Region VIII States that 
identifies, for each State, the NSPS subparts for which EPA has 
delegated authority to implement. In this document, we update that 
table to reflect the NSPS subparts delegated to Wyoming. We are also 
correcting an error in that table to identify that subpart E--
Incinerators has been delegated to Wyoming.

V. What Are the Administrative Requirements Associated With This 
Document?

    Under Executive Order 12866 (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. Because the 
agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedure Act or any other statute (see section I. of this document), 
it is not subject to the regulatory flexibility provisions of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 
104-4). In addition, this action does not significantly or uniquely 
affect small governments or impose a significant intergovernmental 
mandate, as described in sections 203 and 204 of UMRA. This rule also 
does not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13084 (63 FR 27655, May 
10, 1998). This rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255,

[[Page 1325]]

August 10, 1999). This rule also is not subject to Executive Order 
13045 (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    This minor action does not involve technical standards; thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule 
also does not involve special consideration of environmental justice 
related issues as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994). In issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct, as 
required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 
1996). EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. This action 
is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Aluminum, ammonium 
sulfate plants, Beverages, Carbon monoxide, Cement industry, Coal, 
Copper, Drycleaners, Electric power plants, Fertilizers, Fluoride, 
Gasoline, Glass and glass products, Grains, Graphic arts industry, 
Household appliances, Insulation, Intergovernmental relations, Iron, 
Lead, Lime, Metallic and nonmetallic mineral processing plants, Metals, 
Motor vehicles, Natural gas, Nitric acid plants, Nitrogen dioxide, 
Paper and paper products industry, Particulate matter, Paving and 
roofing materials, Petroleum, Phosphate, Plastics materials and 
synthetics, Reporting and recordkeeping requirements, Sewage disposal, 
Steel, Sulfur oxides, Tires, Urethane, Vinyl, Waste treatment and 
disposal, Wool, Zinc.

    Dated: December 22, 1999.
William P. Yellowtail,
Regional Administrator, Region VIII.

    Part 60, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, and 7601 as amended 
by the Clean Air Act Amendments of 1990, Pub. L. 101-549, 104 Stat. 
2399 (November 15, 1990; 402, 409, 415 of the Clean Air Act as 
amended, 104 Stat. 2399, unless otherwise noted).

Subpart A--General Provisions

    2. Section 60.4 is amended by:
    a. Revising the address listed for ``Region VIII'' in paragraph (a) 
to read as follows; and
    b. Amending the table entitled ``Delegation Status of New Source 
Performance Standards [(NSPS) for Region VIII]'' by adding a new entry 
for ``Eb--Large Municipal Waste Combustors'' and by revising the 
entries for ``E--Incinerators,'' ``RRR--VOC Emissions from Synthetic 
Organic Chemical Manufacturing Industry (SOCMI) Reactor Process,'' 
``UUU--Calciners and Dryers in Mineral Industries,'' and ``WWW--
Municipal Solid Waste Landfills'' to read as follows:


Sec. 60.4  Address.

    (a) * * *

    Region VIII (Colorado, Montana, North Dakota, South Dakota, 
Utah, Wyoming), Assistant Regional Administrator, Office of 
Enforcement, Compliance and Environmental Justice, 999 18th Street, 
Suite 500, Denver, CO 80222-2466.
* * * * *
    (c) * * *

                              Delegation Status of New Source Performance Standards
                                            [(NSPS) for Region VIII]
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                             Subpart                                CO     MT\1\    ND     SD\1\   UT\1\    WY
----------------------------------------------------------------------------------------------------------------
 
            *                  *                  *                  *                  *          *
 
E--Incinerators.................................................    (*)     (*)     (*)     (*)     (*)     (*)
 
            *                  *                  *                  *                  *          *
 
Eb--Large Municipal Waste Combustors............................  ......  ......  ......  ......  ......    (*)
 
            *                  *                  *                  *                  *          *
 
RRR--VOC Emissions from Synthetic Organic Chemical Manufacturing    (*)   ......    (*)   ......    (*)     (*)
 Industry (SOCMI) Reactor Process...............................
 
            *                  *                  *                  *                  *          *
 
UUU--Calciners and Dryers in Mineral Industries.................    (*)   ......    (*)   ......    (*)     (*)
 
            *                  *                  *                  *                  *          *
 
WWW--Municipal Solid Waste Landfills............................  ......  ......    (*)   ......    (*)     (*)
----------------------------------------------------------------------------------------------------------------
(*) Indicates approval of State regulation.
\1\ Indicates approval of State regulation as part of the State Implementation Plan (SIP).


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[FR Doc. 00-488 Filed 1-7-00; 8:45 am]
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