[Federal Register Volume 66, Number 41 (Thursday, March 1, 2001)]
[Rules and Regulations]
[Pages 12871-12872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4977]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[TN-2001-01; FRL-6941-7]


New Stationary Sources; Supplemental Delegation of Authority to 
Knox County, TN

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of authority.

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SUMMARY: The Knox County Department of Air Quality Management located 
in Knoxville, Tennessee has requested that EPA delegate authority for 
implementation and enforcement of existing New Source Performance 
Standards (NSPS) which have been previously adopted by the Knox County 
Department of Air Quality Management (KCDAQM or local agency) but have 
remained undelegated by EPA, and to approve the mechanism for 
delegation (adopt-by-reference) of future NSPS. The purpose of the 
local agency request for approval of its delegation mechanism is to 
streamline existing administrative procedures by eliminating any 
unnecessary steps involved in the federal delegation process. With this 
NSPS delegation mechanism in place, a new or revised NSPS promulgated 
by EPA will become effective in Knox County on the date the NSPS is 
adopted if the local agency adopts the NSPS without change. No further 
local agency requests for delegation will be necessary. Likewise, no 
further Federal Register notices will be published. EPA reserves the 
right to implement the federal NSPS directly and continues to retain 
concurrent enforcement authority. The EPA's review of the local 
agency's 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 KCDAQM for which a 
Federal Register notice was not previously written and to inform the 
public of the local agency's new mechanism for delegation of future 
NSPS.

EFFECTIVE DATE: The effective date is March 1, 2001.

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 and Radiation 
Technology Branch, 61 Forsyth Street, SW., Atlanta, Georgia 30303.
    Knox County Department of Air Quality Management, City/County 
Building, Suite 459, 400 West Main Street, Knoxville, Tennessee 37902-
2405.
    Effective March 1, 2001, 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:
    Knox County Department of Air Quality Management, City/County 
Building, Suite 459, 400 West Main Street, Knoxville, Tennessee 37902-
2405.

FOR FURTHER INFORMATION CONTACT: Katy Forney, Air and Radiation 
Technology Branch, Environmental Protection Agency, Region 4, 61 
Forsyth St. SW., Atlanta, Georgia 30303, 404-562-9130. E-mail: 
[email protected]

[[Page 12872]]


SUPPLEMENTARY INFORMATION: Section 301, in conjunction with sections 
110 and 111(c)(1) of the Clean Air Act as amended November 15, 1990, 
authorize EPA to delegate authority to implement and enforce the 
standards set out in 40 CFR part 60, New Source Performance Standards 
(NSPS).
    On May 20, 1977, the EPA initially delegated the authority for 
implementation and enforcement of the NSPS program to Knox County. This 
agency has 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.
    Delegation Requested on May 8, 1997:

40 CFR part 60, Subpart VV, as amended 6-12-96
40 CFR part 60, Subpart Dc, as amended 5-8-96

    Delegation Requested on October 18, 1996:

40 CFR part 60, Subpart Ea, as amended 12-19-95
40 CFR part 60, Subpart Eb, as amended 12-19-95
40 CFR part 60, Subpart WWW, promulgated 3-12-96

    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--Sec. 60.8(b) (2) and (3), 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. 60.531, 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.
    29. Subpart WWW--Sec. 60.754(a)(5).
    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 
local 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 (adopt-by-reference) of future NSPS 
source categories upon publication of this Federal Register document.

Administrative Requirements

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866, entitled ``Regulatory Planning and 
Review.''
    The Congressional Review Act, as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.), 
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. However, Section 808 allows the issuing 
agency to make a rule effective sooner than otherwise provided by the 
Congressional Review Act if the agency makes a good cause finding that 
notice and public procedure is impracticable, unnecessary or contrary 
to the public interest. This determination must be supported by a brief 
statement. 5 U.S.C. 808(2). As stated previously, EPA has made such a 
good cause finding, including the reasons therefor, and established an 
effective date of March 1, 2001. 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).

    Authority: This document 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: January 16, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 01-4977 Filed 2-28-01; 8:45 am]
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