[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Rules and Regulations]
[Pages 53496-53497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13896]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[EPA-R04-OAR-2024-0141; FRL-11846-01-R4]


Tennessee; National Emission Standards for Hazardous Air 
Pollutants; National Emission Standards for Hazardous Air Pollutants 
for Source Categories; Supplemental Delegations of Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of supplemental delegations of authority.

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SUMMARY: On March 9, 2023, the Tennessee Department of Environment and 
Conservation's (TDEC or State) Division of Air Pollution Control (TDEC-
APC) requested to update the method of delegations and continue the 
delegations of authority to implement and enforce National Emission 
Standards for Hazardous Air Pollutants (NESHAPs), and NESHAPs for 
Source Categories.

DATES: June 27, 2024.

ADDRESSES: Copies of the request to change the delegation mechanism for 
NESHAP from ``case-by-case'' to ``adopt-by-reference'' and NESHAP for 
Source Categories from ``automatic'' to ``adopt-by-references'' are 
available for public inspection during normal business hours at the 
following locations:
    Environmental Protection Agency, Region 4, Air and Radiation 
Division, Air Analysis and Support Branch, 61 Forsyth Street SW, 
Atlanta, Georgia 30303.
    Tennessee Department of Environment and Conservation, Divisions of 
Air Pollution Control, William R. Snodgrass Tennessee Tower, 312 Rosa 
L. Parks Avenue, 15th Floor, Nashville, Tennessee 37243.
    Effective February 26, 2024, all requests, applications, reports, 
and other correspondence required by any NESHAP and NESHAP for Source 
Categories should continue to be submitted to the following address: 
Tennessee Department of Environment and Conservation, Divisions of Air 
Pollution Control, William R. Snodgrass Tennessee Tower, 312 Rosa L. 
Parks Avenue, 15th Floor, Nashville, Tennessee 37243.
    Although the EPA is not accepting comments regarding this 
notification, Docket ID No. EPA-R04-OAR-2024-0141 at https://www.regulations.gov contains relevant information related to this 
information notification.

FOR FURTHER INFORMATION CONTACT: Tracy Watson, Stationary Source Team, 
Regulatory and Communities Air Toxics Section, Air Analysis and Support 
Branch, Air and Radiation Division, Environmental Protection Agency, 
Region 4, 61 Forsyth St. SW, Atlanta, Georgia 30303, 404-562-8998. 
Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 112(l) of the Clean Air Act (CAA), as amended November 15, 
1990, authorizes EPA to delegate authority to implement and enforce the 
standards set out in 40 CFR parts 61 and 63, NESHAPs. On April 11, 
1980, EPA initially delegated the authority to implement and enforce 
the 40 CFR part 61 NESHAP program to TDEC-APC (46 FR 29330). On July 
29, 1996, EPA approved TDEC-APC's use of the EPA's case-by-case and 
automatic mechanisms for future delegations of authority for 40 CFR 
parts 61 and part 63 NESHAPs, respectively. See 61 FR 39355.
    On March 9, 2023, EPA received a letter from TDEC-APC which 
requested to update the method of delegations and continue the 
delegations of authority to implement and enforce Title 40, Code of 
Federal Regulations, part 61, NESHAPs, and part 63, NESHAPs for Source

[[Page 53497]]

Categories. For part 61 NESHAPs, TDEC-APC requested to change the 
delegation mechanism from ``case-by-case'' to ``adopt-by-reference.'' 
For part 63 NESHAPs, TDEC-APC requested to change the delegation 
mechanism from ``automatic'' to ``adopt-by-reference.''
    With these NESHAPs and NESHAPs for Source Categories delegation 
mechanisms in place, once a new or revised NESHAP or NESHAP for Source 
Categories is promulgated by the EPA, delegation of authority from the 
EPA to the TDEC-APC will become effective on the date the NESHAP is 
adopted into State rules by TDEC-APC. No further State requests for 
delegation will be necessary. Likewise, no further Federal Register 
notifications will be published. EPA continues to retain authority to 
implement the Federal NESHAP and NESHAP for Source Categories directly 
and continues to retain concurrent enforcement authority. EPA is 
providing notice that it approved TDEC-APC's request on February 26, 
2024.

II. Update to Delegation Methods

    After a thorough review of the request, the Regional Administrator 
has determined that the laws, rules, and regulations for the State 
agency provide an adequate and effective procedure for implementation 
and enforcement of parts 61 and 63 NESHAPs. EPA, therefore, hereby 
notifies the public that it has approved the adopt-by-reference 
delegation mechanism for delegation of the part 61 NESHAP and part 63 
NESHAPs for Source Categories. This approval became effective on 
February 26, 2024. A copy of EPA's letter approving TDEC-APC's request, 
with enclosures, is available at Docket ID No. EPA-R04-OAR-2024-0141 at 
https://www.regulations.gov.

    Authority: This notification is issued under the authority of 
sections 101, 112(l), and 301 of the CAA, as amended (42 U.S.C. 
7401, 7412, and 7601).

    Date: June 13, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-13896 Filed 6-26-24; 8:45 am]
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