[Federal Register Volume 89, Number 135 (Monday, July 15, 2024)]
[Notices]
[Pages 57405-57408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15395]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R10-OAR-2024-0254; FRL-11982-01-R10]


Delegation of Authority to the State of Idaho To Implement or 
Enforce Additional or Revised National Emission Standards for Hazardous 
Air Pollutants and New Source Performance Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: On May 10, 2023, the Environmental Protection Agency (EPA) 
sent the State of Idaho (Idaho) two letters acknowledging that Idaho's 
delegation of authority to implement and enforce the National Emissions 
Standards for Hazardous Air Pollutants (NESHAP) and New Source 
Performance Standards (NSPS) had been updated. To inform regulated 
facilities and the public, the EPA is, through this notice, making 
available a copy of the EPA's letters to Idaho.

DATES: On May 10, 2023, the EPA sent Idaho two letters acknowledging 
that Idaho's delegation of authority to implement and enforce certain 
Federal NSPS and NESHAP had been updated.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2024-0254. All documents, including the 
letters with enclosures sent to Idaho, in the docket are listed on the 
https://www.regulations.gov website or are available for public 
inspection during normal business hours at the Air and Radiation 
Division, U.S. Environmental Protection Agency, Region 10, 1200 Sixth 
Avenue, Suite 155, Seattle, WA 98101-3144. Copies of Idaho's submittal 
are also available at the Idaho Department of Environmental Quality, 
1410 N Hilton Street, Boise, ID 83706.

FOR FURTHER INFORMATION CONTACT: Bryan Holtrop, Air and Radiation 
Division, U.S. EPA Region 10, 1200 Sixth Avenue, Suite 155, Seattle, WA 
98101, (206) 553-4473 or [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 57406]]

I. Delegation of NESHAP

    Section 112(l) of the Clean Air Act (CAA) provides for the 
regulation of hazardous air pollutants through the promulgation of 
NESHAP. Those NESHAP promulgated prior to the CAA Amendments of 1990 
are found in 40 Code of Federal Regulations (CFR) part 61. Those NESHAP 
promulgated subsequent to the CAA Amendments of 1990 are found in 40 
CFR part 63. 40 CFR part 63 subpart E contains the criteria and 
procedures for ``straight delegation'' (delegation of unchanged 
standards) of NESHAP. See 40 CFR 63.91.
    On April 20, 2023, Idaho notified the EPA that the State had 
updated its incorporation by reference of Federal NSPS and NESHAP to 
include many such standards, as they were published in final form in 
the CFR dated July 1, 2022. On May 10, 2023, the EPA sent Idaho a 
letter acknowledging that Idaho now has the authority to implement and 
enforce the NESHAP as specified by Idaho in its notice to the EPA, as 
provided for under previously approved delegation mechanisms. All 
notifications, applications, reports, and other correspondence required 
pursuant to the delegated NESHAP must be submitted to both the EPA 
Region 10 and to the Idaho Department of Environmental Quality, unless 
the delegated standard specifically provides that such submittals may 
be sent to the EPA or a delegated State. In such cases, the submittals 
should be sent only to the Idaho Department of Environmental Quality. A 
copy of the EPA's letter to Idaho follows:

Ms. Tiffany Floyd
Air Quality Division Administrator
Idaho Department of Environmental Quality
1410 North Hilton
Boise, Idaho 83706

Re: Approval of the Idaho Department of Environmental Quality's 
Request for Updated Delegation of Authority for National Emissions 
Standards for Hazardous Air Pollutants

Dear Ms. Floyd:

    This letter is in response to your April 20, 2023, request to 
update and continue the delegation of certain National Emission 
Standards for Hazardous Air Pollutants. Consistent with the approved 
mechanism for streamlined delegation as described in 67 FR 3106 
(January 23, 2002), the U.S. Environmental Protection Agency hereby 
grants this updated delegation request, as described below, to the 
Idaho Department of Environmental Quality for those sources under 
your jurisdiction for the identified NESHAP in effect on July 1, 
2022.

Delegation Request

    You have requested to update delegation of the 40 CFR parts 61 
and 63 NESHAP standards that were previously delegated to IDEQ and 
to obtain delegation of new standards that the EPA has promulgated 
since your last delegation.
    1. Your request for delegation of 40 CFR part 61, subpart M was 
limited to sources required to obtain permits under title V of the 
Clean Air Act.
    2. Your request for delegation excluded subparts under 40 CFR 
part 61 regulating radon or radionuclides, specifically: subparts B, 
H, I, K, Q, R, T, and W.
    3. Your request for delegation of all subparts of 40 CFR part 63 
except N, AAAA, ZZZZ, BBBBBB, HHHHHH, JJJJJJ, WWWWWW, XXXXXX, and 
DDDDDDD, was limited to sources required to obtain permits under 
title V of the Clean Air Act.
    IDEQ demonstrated that on March 28, 2023, IDEQ adopted the 
identified provisions of 40 CFR parts 61 and 63 unchanged and as in 
effect on July 1, 2022, into IDEQ's regulations in IDAPA 
58.01.01.107.03(g) and (i).

Delegation of Authority

    The EPA has determined that IDEQ's regulations continue to 
provide adequate and effective procedures for implementing and 
enforcing the NESHAP. Accordingly, the EPA hereby approves your 
request for an updated delegation of authority to implement and 
enforce the NESHAP standards identified in Enclosures A and B, 
subject to the following terms and conditions:
    1. As requested by IDEQ:
    a. The delegation of 40 CFR part 61, subpart M and all subparts 
of 40 CFR part 63 except N, AAAA, ZZZZ, BBBBBB, HHHHHH, JJJJJJ, 
WWWWWW, XXXXXX, and DDDDDDD is limited to implementation and 
enforcement of the NESHAP as of July 1, 2022, and is limited to 
sources that are required to obtain a permit under Idaho's title V 
program, regardless of whether a permit has yet been issued.
    b. The delegation of all other requested NESHAP is limited to 
implementation and enforcement of the NESHAP as of July 1, 2022.
    2. The EPA is not delegating the following provisions under 40 
CFR part 63 to IDEQ:
    a. Subpart B, which implements sections 112(g) and 112(j) of the 
Clean Air Act. The EPA has previously stated that a part 70 
permitting authority does not need to apply for approval in order to 
use its own program to implement section 112(g). Furthermore, 
section 112(j) is designed to use the title V permit process as the 
primary vehicle for establishing requirements. Therefore, delegation 
is not required to implement sections 112(g) and 112(j) and 40 CFR 
subpart B. See 59 FR 26429, 26447 (May 20, 1994) and 61 FR 68384, 
68397 (December 27, 1996).
    b. Subpart C, which lists hazardous air pollutants that have 
been deleted or refined. This subpart grants no authority that is 
necessary to implement or enforce the program and is therefore not 
delegable.
    c. Subpart D, which implements section 112(d) of the Clean Air 
Act. Because this subpart explicitly states that it applies to a 
state or local agency acting pursuant to a permit program approved 
under title V of the Clean Air Act, delegation is unnecessary.
    d. Subpart E, which establishes procedures for the EPA approval 
of state rules, programs, or other requirements to implement and 
enforce section 112 Federal rules and is not delegable.
    3. The EPA is not delegating the provisions of the Consolidated 
Air Rule under 40 CFR part 65. As proposed on October 28, 1998 (63 
FR 57748, 57784-57786) and promulgated on December 14, 2000, (65 FR 
78268, 78272), the CAR comprises alternative compliance approaches 
to referencing subparts in 40 CFR parts 60 and 63. Therefore, formal 
delegation of the CAR is not required provided the state has 
received formal delegation of the referencing subpart.
    4. Note that certain authorities are automatically granted to 
you because you have an approved part 70 program (see for example, 
40 CFR 63.6(i)(1)). See 66 FR 48211, 48213 (September 19, 2001). 
However, you must have authority to implement and enforce the 
particular standard against the source as a matter of state law in 
order to implement this authority as a matter of Federal law.
    5. The EPA is delegating the identified Federal standards as in 
effect on July 1, 2022. New NESHAP or NESHAP that are revised 
substantively after that date are not delegated to your agency; 
these remain the responsibility of the EPA.
    a. Acceptance of this delegation does not commit your agency to 
request or accept delegation of future NESHAP standards and 
requirements.
    b. The EPA encourages your agency to update your NESHAP 
delegation on an annual basis. This could coincide with the updating 
of the adoption by reference of the Federal NESHAP standards, which 
is important for maintaining the EPA's approval of your part 70 
permitting program.
    6. The EPA is not delegating authorities under 40 CFR parts 61 
and 63 that specifically indicate they cannot be delegated, that 
require rulemaking to implement, that affect the stringency of the 
standard, equivalency determinations, or where national oversight is 
the only way to ensure national consistency.
    7. The EPA is not delegating standards that have been vacated as 
a matter of Federal law.
    8. This delegation is subject to the terms and conditions of the 
EPA's previous NESHAP delegations to IDEQ, 61 FR 64622 (December 6, 
1996) and 67 FR 3106 (January 23, 2002), as updated by this letter.
    9. Implementation and enforcement of the delegated NESHAP are 
subject to the CAA 105 Air Base Grant Agreement Workplan agreement 
between the state of Idaho and the EPA and its successor documents. 
The Agreement defines roles and responsibilities, including timely 
and appropriate enforcement response and the maintenance of the 
Integrated Compliance Information System for Air via the Exchange 
Network.
    10. Enforcement of these delegated NESHAP in your jurisdiction 
will be the primary responsibility of your agency. Nevertheless, the 
EPA may exercise its concurrent enforcement authority pursuant to 
sections 112(l)(7) and 113 of the Clean Air Act and 40 CFR 
63.90(d)(2) with respect to sources that are subject to the NESHAP.

[[Page 57407]]

    11. Your agency and the EPA should communicate sufficiently to 
ensure that each is fully informed and current regarding 
interpretation of regulations (including any unique questions about 
applicability) and the compliance status of subject sources in your 
jurisdiction.
    a. Any records or reports provided to or otherwise obtained by 
your agency should be made available to the EPA upon request.
    b. In accordance with 40 CFR 61.16 and 63.15, the availability 
to the public of information provided to or otherwise obtained by 
the EPA in connection with this delegation shall be governed by 40 
CFR part 2.
    12. Your agency will be the recipient of all notifications and 
reports and be the point of contact for questions and compliance 
issues for these delegated NESHAP. The EPA may request notifications 
and reports from owners/operators and/or your agency, if needed.
    13. Your agency will work with owners and operators of affected 
facilities subject to a NESHAP subpart to ensure all required 
information is submitted to your agency. Your assistance is 
requested to ensure that this information, including excess emission 
reports and summaries, is submitted to the EPA upon request, if 
needed.
    14. Your agency will require affected facilities to use the 
methods specified in 40 CFR parts 61 and 63, as applicable, in 
performing source tests pursuant to the regulations. See 40 CFR 61.7 
and 63.7.
    15. Changes and alternatives:
    a. For part 61 standards, your agency is not delegated the 
authorities under 40 CFR 61.04(b), 61.04(c), 61.05(c), 61.11, 
61.12(d), 61.13(h)(1)(ii), 61.14(d), 61.14(g)(1)(ii), and 61.16. 
Such authorities and approvals remain the responsibility of the EPA.
    b. For part 63 standards, your agency is not delegated the 
Category II authorities in 40 CFR 63.91(g)(2)(ii). Such authorities 
and approvals remain the responsibility of the EPA.
    c. Your agency must maintain a record of all approved 
alternatives to monitoring, testing, and recordkeeping/reporting 
requirements and provide this list of alternatives to the EPA semi-
annually or more frequently if requested by the EPA. The EPA may 
audit any approved alternatives and disapprove any that it 
determines are inappropriate, after discussion with your agency. If 
changes are disapproved, your agency must notify the owner/operator 
that it must revert to the original applicable monitoring, testing, 
recordkeeping, and/or reporting requirements. Also, in cases where 
the owner/operator does not maintain the conditions which prompted 
the approval of the alternatives to the monitoring, testing, 
recordkeeping, and/or reporting requirements, your agency must 
require the source to revert to the original monitoring, testing, 
recordkeeping, and reporting requirements, or more stringent 
requirements, if justified.
    16. Your agency's authority to implement and enforce NESHAP 
under this delegation does not extend to sources or activities 
located in Indian Country, as defined in 18 U.S.C. 1151. Consistent 
with previous Federal program approvals or delegations, the EPA will 
continue to implement the NESHAP in Indian Country because your 
agency has not demonstrated that it has authority over sources and 
activities located within the exterior boundaries of Indian 
reservations and in other areas of Indian Country.
    17. The EPA Administrator delegated to the EPA, Region 10 the 
authority to delegate the NESHAP to any state or local agency. A 
state or local agency that receives delegation from the EPA, Region 
10 does not have the federally recognized authority to further 
delegate the NESHAP.
    18. 40 CFR 63.96(b) contains the applicable procedures governing 
withdrawal of this delegation by the EPA or from this delegation by 
IDEQ, as applicable.
    Unless we receive negative comments from you within ten days, 
this delegation is final and will be effective ten days from the 
date of this letter. Otherwise, no further correspondence to the EPA 
is needed from IDEQ to make this delegation effective. We will 
periodically publish a notice in the Federal Register informing the 
public of IDEQ's updated delegation. If you have any questions, 
please contact Geoffrey Glass of my staff at (206) 553-1847 or 
[email protected].

Sincerely,
Krishna Viswanathan, Director
Air and Radiation Division

II. Delegation of NSPS

    Section 111(b) of the CAA requires the EPA to establish standards 
of performance for new stationary sources of air pollution through the 
promulgation of NSPS. These NSPS are found in 40 CFR part 60. According 
to section 111(c) of the CAA and 40 CFR 60.4(b), States may submit 
plans for approval by the Administrator to implement and enforce NSPS. 
Neither section 111 of the CAA nor 40 CFR part 60, however, prescribe a 
mechanism for such a delegation of authority.
    On April 20, 2023, Idaho notified the EPA that the State had 
updated its incorporation by reference of Federal NSPS to include many 
such standards, as they were published in final form in the Code of 
Federal Regulations (CFR) dated July 1, 2022. On May 10, 2023, the EPA 
sent Idaho a letter acknowledging that Idaho now has the authority to 
implement and enforce the NSPS as specified by Idaho in its notice to 
the EPA, as provided for under previously approved delegation 
mechanisms. All notifications, applications, reports, and other 
correspondence required pursuant to the delegated NSPS must be 
submitted to both the EPA Region 10 and to the Idaho Department of 
Environmental Quality, unless the delegated standard specifically 
provides that such submittals may be sent to the EPA or a delegated 
State. In such cases, the submittals should be sent only to the Idaho 
Department of Environmental Quality. A copy of the EPA's letter to 
Idaho follows:

Ms. Tiffany Floyd
Air Quality Division Administrator
Idaho Department of Environmental Quality
1410 North Hilton
Boise, Idaho 83706

Re: Approval of the Idaho Department of Environmental Quality's 
Request for Updated Delegation of Authority for New Source 
Performance Standards

Dear Ms. Floyd:

    This letter is in response to your April 20, 2023, request to 
update and continue the delegation of authority to implement and 
enforce certain New Source Performance Standards, 40 CFR part 60. 
After review of your request, the U.S. Environmental Protection 
Agency hereby grants this updated delegation request, as described 
below, to the Idaho Department of Environmental Quality for those 
sources under your jurisdiction for the identified NSPS in effect on 
July 1, 2022.

Delegation Request

    You have requested to update delegation of the 40 CFR part 60 
NSPS that were previously delegated to IDEQ and to obtain delegation 
of new standards that the EPA has promulgated since your last 
delegation.
    IDEQ demonstrated that on March 28, 2023, IDEQ adopted the 
identified provisions of 40 CFR part 60 unchanged and as in effect 
on July 1, 2022, into IDEQ's regulations in IDAPA 
58.01.01.107.03(f).

Delegation of Authority

    The EPA has determined that IDEQ's regulations continue to 
provide adequate and effective procedures for implementing and 
enforcing the NSPS. Accordingly, the EPA hereby approves your 
request for an updated delegation of authority to implement and 
enforce the NSPS identified in Enclosure A, subject to the following 
terms and conditions:
    1. As requested by IDEQ the delegation of all requested NSPS is 
limited to implementation and enforcement of the NSPS as of July 1, 
2022.
    2. The EPA is not delegating the following provisions under 40 
CFR part 60 to IDEQ:
    a. Subparts B and Ba, which apply to the adoption and submittal 
of state plans and actions taken to approve or disapprove such plans 
by the Administrator of the EPA. These subparts are not delegable.
    b. Subpart C, which states that several other subparts contain 
emission guidelines and compliance times for the control of certain 
designated pollutants in accordance with section 111(d) and section 
129 of the Clean Air Act and subpart B of 40 CFR part 60. This 
subpart establishes no authority that is necessary to implement or 
enforce the program and is not delegable.
    c. Subparts Cb, Cc, Cd, Ce, Cf, BBBB, DDDD, FFFF, MMMM, and 
UUUUa. These subparts specify the requirements for approval of state 
plans for the control of certain designated pollutants in accordance 
with section 111(d) and section 129 of the Clean Air Act and subpart 
B or Ba of 40 CFR part 60.

[[Page 57408]]

    3. The EPA is not delegating the provisions of the Consolidated 
Air Rule under 40 CFR part 65. As proposed on October 28, 1998, (63 
FR 57748, 57784-57786) and promulgated on December 14, 2000, (65 FR 
78268, 78272), the CAR comprises alternative compliance approaches 
to referencing subparts in 40 CFR parts 60 and 63. Therefore, formal 
delegation of the CAR is not required provided the state has 
received formal delegation of the referencing subpart.
    4. The EPA is delegating the identified Federal standards as in 
effect on July 1, 2022. New NSPS or NSPS that are revised 
substantively after that date are not delegated to your agency; 
these remain the responsibility of the EPA.
    a. Acceptance of this delegation does not commit your agency to 
request or accept delegation of future NSPS standards and 
requirements.
    b. The EPA encourages your agency to update your NSPS delegation 
on an annual basis. This could coincide with the updating of the 
adoption by reference of the Federal NSPS standards, which is 
important for maintaining the EPA's approval of your part 70 
permitting program.
    5. The EPA is not delegating authorities under 40 CFR part 60 
that specifically indicate they cannot be delegated, that require 
rulemaking to implement, that affect the stringency of the standard, 
equivalency determinations, or where national oversight is the only 
way to ensure national consistency.
    6. The EPA is not delegating standards that have been vacated as 
a matter of Federal law.
    7. Implementation and enforcement of the delegated NSPS are 
subject to the CAA 105 Air Base Grant Agreement Work Plan between 
the state of Idaho and the EPA and its successor documents. The 
agreement defines roles and responsibilities, including timely and 
appropriate enforcement response and the maintenance of the 
Integrated Compliance Information System for Air via the Exchange 
Network. Your agency will ensure that all relevant source 
notification and report information is entered as provided in the 
agreement into the specified EPA database system to meet your 
recordkeeping/reporting requirements.
    8. Enforcement of these delegated NSPS in your jurisdiction will 
be the primary responsibility of your agency. Nevertheless, the EPA 
may exercise its concurrent enforcement authority pursuant to 
sections 111(d)(2) and 113 of the Clean Air Act with respect to 
sources that are subject to the NSPS.
    9. Your agency and the EPA should communicate sufficiently to 
ensure that each is fully informed and current regarding 
interpretation of regulations (including any unique questions about 
applicability) and the compliance status of subject sources in your 
jurisdiction.
    a. Any records or reports provided to or otherwise obtained by 
your agency should be made available to the EPA upon request.
    b. In accordance with 40 CFR 60.9, the availability to the 
public of information provided to or otherwise obtained by the EPA 
in connection with this delegation shall be governed by 40 CFR part 
2.
    10. Your agency will be the recipient of all notifications and 
reports and be the point of contact for questions and compliance 
issues for these delegated NSPS. The EPA may request notifications 
and reports from owners/operators and/or your agency, if needed.
    11. Your agency will work with owners and operators of affected 
facilities subject to an NSPS subpart to ensure all required 
information is submitted to your agency. Your assistance is 
requested to ensure that this information, including excess emission 
reports and summaries, is submitted to the EPA upon request, if 
needed.
    12. Your agency will require affected facilities to use the 
methods specified in 40 CFR part 60, as applicable, in performing 
source tests pursuant to the regulations. See 40 CFR 60.8.
    13. Changes and alternatives:
    a. Your agency is not delegated the authorities under 40 CFR 
60.4(b), 60.8(b) (terms 2 and 3, to the extent that the change 
represents an alternative or equivalent method or a major change to 
testing as defined in 40 CFR 63.90), 60.9, 60.11(b) (with respect to 
alternative methods), 60.11(e)(7)&(8), 60.13(a), 60.13(d)(2), and 
60.13(g). Such authorities and approvals remain the responsibility 
of the EPA.
    b. Your agency is not delegated the authority to approve a major 
change to monitoring under 40 CFR 60.13(i). A major change to 
monitoring is defined in 40 CFR 63.90.
    c. Your agency must maintain a record of all approved 
alternatives to monitoring, testing, and recordkeeping/reporting 
requirements and provide this list of alternatives to the EPA semi-
annually or more frequently if requested by the EPA. The EPA may 
audit any approved alternatives and disapprove any that it 
determines are inappropriate, after discussion with your agency. If 
changes are disapproved, your agency must notify the owner/operator 
that it must revert to the original applicable monitoring, testing, 
recordkeeping, and/or reporting requirements. Also, in cases where 
the owner/operator does not maintain the conditions which prompted 
the approval of the alternatives to the monitoring, testing, 
recordkeeping, and/or reporting requirements, your agency must 
require the owner/operator to revert to the original monitoring, 
testing, recordkeeping, and reporting requirements, or more 
stringent requirements, if justified.
    14. Your agency's authority to implement and enforce NSPS under 
this delegation does not extend to sources or activities located in 
Indian Country, as defined in 18 U.S.C. 1151. Consistent with 
previous Federal program approvals or delegations, the EPA will 
continue to implement the NSPS in Indian Country because your agency 
has not demonstrated authority over sources and activities located 
within the exterior boundaries of Indian reservations and in other 
areas of Indian Country.
    15. The EPA Administrator delegated to the EPA, Region 10 the 
authority to delegate the NSPS to any state or local agency. A state 
or local agency that receives delegation from the EPA, Region 10 
does not have the federally recognized authority to further delegate 
the NSPS.
    16. If the EPA determines that your agency's procedures for 
implementing or enforcing the NSPS are inadequate or are not being 
effectively carried out, this delegation may be revoked in whole or 
in part by written notice of the revocation. Any such revocation 
will be effective as of the date specified in the notice.
    Unless we receive negative comments from you within ten days, 
this delegation is final and will be effective ten days from the 
date of this letter. Otherwise, no further correspondence to the EPA 
is needed from IDEQ to make this delegation effective. We will 
periodically publish a notice in the Federal Register informing the 
public of IDEQ's updated delegations. If you have any questions, 
please contact Geoffrey Glass of my staff at (206) 553-1847 or 
[email protected].

Sincerely,
Krishna Viswanathan, Director
Air and Radiation Division

    This notice acknowledges the update of Idaho's delegation of 
authority to implement and enforce NSPS and NESHAP.

    Dated: July 9, 2024.
Krishnaswamy Viswanathan,
Director, Air and Radiation Division, Region 10.
[FR Doc. 2024-15395 Filed 7-12-24; 8:45 am]
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