[Federal Register Volume 79, Number 196 (Thursday, October 9, 2014)]
[Rules and Regulations]
[Pages 60993-60995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23765]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-R08-OAR-2014-0272; FRL-9917-49-Region 9]


Automatic Delegation of Authority to the States of Colorado, 
Montana, North Dakota, South Dakota, Utah, and Wyoming To Implement and 
Enforce New Source Performance Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action informs the public that on February 27, 2014, the 
EPA authorized automatic delegation to implement and enforce Clean Air 
Act (CAA) New Source Performance Standards (NSPS) to the states of 
Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming 
(hereafter Region 8 states). Also in this action, EPA is taking direct 
final action to delete the delegation status table of NSPS for Region 8 
states in the Code of Federal Regulations (CFR) and replace it with a 
Web page address reflecting current delegation status of Region 8 
states.

DATES: This rule is effective on December 8, 2014 without further 
notice, unless EPA receives adverse comment by November 10, 2014. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2014-0272, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection 
Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. Such deliveries are only accepted Monday 
through Friday, 8:00 a.m. to 4:30 p.m., excluding Federal holidays. 
Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket EPA-R08-OAR-2014-0272. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or 
email. The http://www.regulations.gov Web site is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to EPA, without going through http://www.regulations.gov your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional instructions on submitting comments, go to 
Section I. General Information of the SUPPLEMENTARY INFORMATION section 
of this document.

[[Page 60994]]

    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. EPA requests that if at all possible, you 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section to view the hard copy of the docket. You may view the hard copy 
of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. (303) 312-6563, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials NSPS mean or refer to New Source Performance 
Standards.
    (iv) The initials CBI mean or refer to Confidential Business 
Information.
    (v) The initials CFR mean or refer to Code of Federal Regulations.
    (vi) The initials IBR mean or refer to Incorporate by Reference.

I. General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Delegation of Authority

    The CAA section 111(c) authorizes the EPA to delegate authority to 
any state agency which submits adequate regulatory procedures for 
implementation and enforcement of the NSPS program. The NSPS are 
codified at 40 CFR part 60. Delegation confers primary responsibility 
for implementation and enforcement to the respective state agency; 
however, the EPA also retains the concurrent authority to enforce the 
standards.
    Section 111(c) and an approved part 70 operating permits (title V) 
program authorizes states to receive automatic delegation of section 
111 standards if the federal standards are incorporated by reference 
(IBR). The title V program approval is a demonstration that the state 
has the ability to implement and enforce existing section 111 standards 
and a commitment to implement and enforce future standards to assure 
the timely issuance or revision of part 70 permits. Once a state IBR's 
NSPS, the state then has delegation automatically to implement and 
enforce those standards for affected sources when the NSPS are 
incorporated unchanged into state rules. The EPA has determined that 
Region 8 state programs contain adequate and effective procedures for 
implementation and enforcement of those federal standards. On February 
27, 2014, the EPA provided notice of automatic delegation to Region 8 
state agencies to review and enforce all future NSPS standards that are 
incorporated into state rules. Letters (including enclosures) to each 
Region 8 state can be found at http://www.regulations.gov.

III. CFR Update

    This action also replaces the EPA Region 8 delegation table in 40 
CFR 60.4(c) with a Web address to inform the public of current NSPS 
delegations to Region 8 states. The table is being deleted because it 
no longer contains accurate information regarding NSPS delegations. A 
current delegation summary of NSPS delegations to Region 8 states is 
posted under the ``Delegations of Authorities'' link at: http://www2.epa.gov/region8/air-program. Future delegation updates will be 
provided at this link on the EPA Region 8 Web site. The Web site will 
be updated on a quarterly basis and will replace the Federal Register 
Notice notifying the public of current NSPS delegation status of Region 
8 states.

IV. Final Action

    This action informs the public of NSPS delegations made to Region 8 
states and replaces the delegation table in 40 CFR 60.4(c) with a Web 
address directing the public to current EPA Region 8 NSPS delegations.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments since the action simply replaces a table in the CFR 
with a Web address in order to provide the public with more accurate 
information regarding NSPS delegations. However, in the Proposed Rules 
section of today's Federal Register publication, EPA is publishing a 
separate document that will serve as the proposal to approve the 
revision if adverse comments are filed. This rule will be effective 
December 8, 2014 without further notice unless the Agency receives 
adverse comments by November 10, 2014. If the EPA receives adverse 
comments, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time.

[[Page 60995]]

Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

V. Statutory and Executive Order Review

    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, Nov. 9, 2000). This action also does not have Federalism 
implications because it does 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, Aug. 10, 1999). This action merely delegates authority to 
implement and enforce Federal standards, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the CAA. This rule also is not subject to Executive 
Order 13045 ``Protection of Children from Environmental Health Risks 
and Safety Risks'' (62 FR 19885, April 23, 1997), because it delegates 
Federal standards.
    In delegating authority to states, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, voluntary consensus standards (VCS) are not a requirement for 
a state to accept delegation authority. 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. 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. section 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. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 8, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Aluminum, Ammonium sulfate plants, Batteries, 
Beverages, Carbon monoxide, Cement industry, Chemicals, Coal, Copper, 
Dry cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline, 
Glass and glass products, Grains, Graphic arts industry, Heaters, 
Household appliances, Incorporation by reference, Insulation, 
Intergovernmental relations, Iron, Labeling, 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, Polymers, Reporting and 
recordkeeping requirements, Sewage disposal, Steel, Sulfur oxides, 
Sulfuric acid plants, Tires, Urethane, Vinyl, Volatile organic 
compounds, Waste treatment and disposal, Zinc.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: September 18, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.
    40 CFR part 60 is amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart A--General Provisions

0
2. Section 60.4 is amended by revising paragraph (c) to read as 
follows:


Sec.  60.4  Address.

* * * * *
    (c) The delegation status table for New Source Performance 
Standards for Region VIII can be found online at http://www2.epa.gov/region8/air-program.
* * * * *
[FR Doc. 2014-23765 Filed 10-8-14; 8:45 am]
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