Partial Approval of the Clean Air Act, Section 112(l), Delegation of Authority to the Washington State Department of Health, 32276-32282 [E6-8470]
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Federal Register / Vol. 71, No. 107 / Monday, June 5, 2006 / Rules and Regulations
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under Section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 4, 2006.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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. This action may not
be challenged later in proceedings to
enforce its requirements. (See Section
307(b)(2).)
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
List of Subjects in 40 CFR Part 52
Subpart Y—Minnesota
Environmental protection, Air
pollution control, Intergovernmental
relations.
2. In § 52.1220, the table in paragraph
(e) is amended by adding an entry for
‘‘Alternative Public Participation
Process’’ after the existing entries to
read as follows:
I
Dated: May 24, 2006.
Cyndy Colantoni,
Acting Regional Administrator, Region 5.
I
§ 52.1220
40 CFR part 52 is amended as follows:
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS
Applicable geographic
or nonattainment area
Name of nonregulatory SIP provision
*
*
Alternative Public Participation Process .........
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 61
[EPA–R10–OAR–2006–0001; FRL–8177–2]
Partial Approval of the Clean Air Act,
Section 112(l), Delegation of Authority
to the Washington State Department of
Health
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is granting partial
approval to Washington State
Department of Health’s (WDOH) request
for delegation of authority to implement
and enforce the National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for radionuclide air
emission. This action is being taken
under the Clean Air Act (CAA or the
Act).
Effective Date: This final rule is
effective on July 5, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2006–0001. All
documents in the electronic docket are
listed in the https://www.regulations.gov
index. Although listed in the index,
some information is not publicly
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DATES:
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State submittal date/
effective date
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Table of Contents
I. Background
II. Response to Comments
III. Final Action
A. What Authorities Are Excluded From
This Partial Approval and Delegation?
B. How Will This Partial Approval and
Delegation Affect the Regulated
Community?
C. Where Will the Regulated Community
Send Notifications and Reports?
D. What Are WDOH’s Reporting
Obligations?
E. What Is the Effect of Other State Laws
Regulating Radionuclide Air Emissions?
F. How Will WDOH Receive Partial
Approval and Delegation of Newly
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Comments
*
07/05/06 [Insert page
number where the
document begins].
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available, i.e., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the
Office of Air, Waste and Toxics, U.S.
Environmental Protection Agency,
Region 10, 1200 Sixth Avenue, Seattle,
Washington 98101. 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.
FOR FURTHER INFORMATION CONTACT:
Davis Zhen, (206) 553–7660, or by email at zhen.davis@epa.gov.
SUPPLEMENTARY INFORMATION:
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EPA approved date
*
*
*
Promulgated and Revised Radionuclide
NESHAPs?
G. How Frequently Should WDOH Update
Its Partial Approval and Delegations?
H. How Will This Partial Approval and
Delegation Affect Indian Country?
IV. Statutory and Executive Order Reviews
I. Background
On June 6, 2005, WDOH submitted a
request for delegation of authority to
implement and enforce 40 CFR part 61,
subparts A, B, H, I, K, Q, R, T, and W
(Radionuclide NESHAPs). WDOH’s
request showed that it had adopted
without change or modification all of
the provisions of the Radionuclide
NESHAPs, as in effect on July 1, 2004.
On February 22, 2006, EPA proposed a
partial approval of WDOH’s delegation
request. The reason for EPA’s decision
to grant partial rather than full approval
was that WDOH does not currently have
express authority to recover criminal
fines for knowingly making a false
material statement, representation, or
certificate in any form, notice or report,
or knowingly rendering inadequate any
required monitoring device or method,
as required by 40 CFR 70.11(a)(3)(iii)
and 40 CFR 63.91(d)(3)(i). Please refer to
71 FR 9059 (February 22, 2006) for a
detailed description of our proposed
partial approval and delegation.
II. Response to Comments
EPA provided a 30-day period for
public comment on our February 22,
2006 proposal, which ended on March
24, 2006. No comments were received
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Federal Register / Vol. 71, No. 107 / Monday, June 5, 2006 / Rules and Regulations
during the public comment period. EPA
did receive a comment letter, however,
on March 27, 2006, after the close of the
public comment period. Although EPA
is not legally obligated to respond, a
summary of the commenter’s concerns
and EPA’s response to the comments
follows. A copy of the comment letter is
in the docket.
The commenter states that WDOH’s
radionuclide regulations are not
consistent with and are more stringent
than the Radionuclide NESHAPs. The
commenter cites a 1983 EPA guidance
document regarding delegation of NSPS
and NESHAP standards which states
that ‘‘state regulations dealing with
NSPS and NESHAPS must be consistent
with the Federal regulations as outlined
in 40 CFR Part 60 and 61.’’ Good
Practices Manual for Delegation of NSPS
and NESHAPs, February 1983. The
commenter continues that, although a
state regulation is allowed to be more
stringent than the corresponding federal
regulation, the state regulation should
be consistent.
The commenter notes several ways in
which it believes WDOH’s radionuclide
regulations are not consistent with the
Radionuclide NESHAPs. First, the
commenter states that the WDOH
regulations have no de minimis
exemption from the requirement to
obtain a construction permit and that
there is no scientific basis for permitting
sources below EPA’s standard of 0.1
mrem per year. EPA assumes this is a
reference to the exemption in 40 CFR
61.96(b) for new construction and
modifications with emissions less than
1% of the standard in 40 CFR 61.92
(referred to here as the ‘‘de minimis
exemption’’ or ‘‘de minimis level’’). The
commenter is also concerned that
WDOH has allegedly stated that it does
not review or assess the economic
impact of regulating sources below this
de minimis level. Second, the
commenter states that some of WDOH’s
exemptions are narrower than those
provided in the Radionuclide
NESHAPs. As an example, the
commenter states that WDOH’s
exemption to the definition of
‘‘modification’’ for routine maintenance,
repair and replacement applies only to
abatement technology, whereas EPA’s
definition of modification has no such
limitation. Third, the commenter states
that WDOH requires notice of
construction applications for accidental
releases, whereas the Radionuclide
NESHAPs do not. Fourth, the
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commenter states that WDOH has
expressed concern, and even reluctance,
to permit some individual sources, even
though their effective doses were below
the de minimis level individually and
actual facility-wide emissions are
approximately 0.3% of the Radionuclide
NESHAPs facility-wide standard of 10
mrem per year because the unabated
(uncontrolled) emissions of the
Department of Energy’s Hanford facility
(DOE Hanford) are approaching the
facility-wide standard of 10 mrem per
year. The commenter concludes that
EPA should not delegate the
Radionuclide NESHAPs to WDOH
unless WDOH promulgates regulations
consistent with the regulations and the
intent of the Radionuclide NESHAPs or
documents substantial evidence other
than that compiled by the EPA to
reinforce their regulations.
As the commenter notes and as
discussed in the proposal, WDOH has,
in addition, adopted other provisions as
a matter of state law that regulated
radionuclide emissions and that apply
to sources subject to the Radionuclide
NESHAPs. These requirements are
additional to and more stringent than
the Radionuclide NESHAPs, by, for
example, eliminating exemptions that
may be available under the
Radionuclide NESHAPs. Section 116 of
the CAA makes clear, however, that
with some exceptions not relevant here,
nothing in title I of the CAA precludes
or denies the right of any State to adopt
or enforce any standard or limitation
respecting emissions of air pollutants or
any requirement respecting control or
abatement of air pollutant so long as it
is not less stringent than a standard or
limitation in effect under an applicable
implementation plan or under section
111 or 112 of the CAA. EPA made clear
in proposing to approve WDOH’s
delegation request that EPA’s partial
approval and delegation of the
Radionuclide NESHAPs to WDOH does
not extend to any additional state
standards regulating radionuclide
emissions. See 71 FR 9062 and 9063.
These additional State standards are
enforceable as a matter of State law, but
are not enforceable under the CAA or in
any way part of this delegation.
III. Final Action
EPA is granting partial approval to
WDOH’s request for partial approval
and delegation of authority to
implement and enforce the
Radionuclide NESHAPs. Pursuant to the
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authority of section 112(l) of the CAA,
this partial approval is based on EPA’s
finding that State law, regulations and
agency resources meet the requirements
for partial program approval and
delegation of authority specified in 40
CFR 63.91 and applicable EPA
guidance. Except as provided in Section
III.B., EPA is delegating to WDOH
authority to implement and enforce 40
CFR part 61, subparts A, B, H, I, K, Q,
R, T, and W, as in effect on July 1, 2004.
NESHAPs that are promulgated or
revised substantively after July 1, 2004
are not delegated to WDOH. These
remain the responsibility of EPA.
Included as part of the delegation is the
authority to approve:
1. ‘‘Minor changes to monitoring,’’
including the use of the specified
monitoring requirements and
procedures with minor changes in
methodology as described in 40 CFR
61.14(g)(1)(i);
2. ‘‘Intermediate changes to
monitoring;’’
3. ‘‘Minor changes to recordkeeping/
reporting;’’;
4. ‘‘Minor changes in test methods,’’
including the use of a reference method
with minor changes in methodology as
described in 40 CFR 61.13(h)(1)(i);
5. Waiver of the requirement for
emission testing because the owner or
operator of a source has demonstrated
by other means to WDOH’s satisfaction
that the source is in compliance with
the standard as described in 40 CFR
61.13(h)(1)(iii).
For purposes of this paragraph, the
terms in quotations have the meaning
assigned to them in 40 CFR 63.90.
EPA is also updating the table
published at 40 CFR 61.04(c)(10)
showing the most recent delegation
status of specific part 61 subparts that
have been delegated to State and local
air pollution control authorities in
Region 10.
A. What Authorities Are Excluded From
This Partial Approval and Delegation?
EPA is not delegating authorities
under 40 CFR part 61 that specifically
indicate they can not be delegated, that
require rulemaking to implement, that
affect the stringency of the standard, or
where national oversight is the only way
to ensure national consistency. Table 1
below identifies the specific authorities
within 40 CFR part 61, subparts A, B,
H, I, K, Q, R, T, and W that EPA is
specifically excluding from this
delegation.
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TABLE 1.—PART 61 AUTHORITIES EXCLUDED FROM PARTIAL APPROVAL AND DELEGATION
Section
Authorities
61.04(b) ...........................................
61.12(d)(1) ......................................
61.13(h)(1)(ii) ..................................
61.14(g)(1)(ii) ..................................
Waiver of recordkeeping.
Approval of alternative means of emission limitation.
Approval of alternatives to test methods (except as provided in 40 CFR 61.13(h)(1)(i)).
Approval of alternatives to monitoring that do not qualify as ‘‘Minor changes to monitoring,’’ ‘‘Intermediate
changes to monitoring,’’ or ‘‘Minor changes to recordkeeping/reporting’’ For purposes of the previous
sentence, the terms in quotes are defined in 40 CFR 63.90.
Availability of information.
Subpart B—Radon Emissions from Underground Uranium Mines Alternative compliance demonstration to
COMPLY–R (requires EPA Headquarters approval).
Subpart H—Emissions of Radionuclides Other than Radon from DOE Facilities (alternatives to test methods).
Subpart I—Radionuclide Emissions from Federal Facilities Other than NRC licensees and Not Covered in
Subpart H (alternatives to test methods).
Subpart K—Radionuclide Emissions from elemental Phosphorus Plants (alternatives to test methods).
Subpart R—Emission from Phosphogypsum Stacks (requires Approval from Assistant Administrator of EPA
Office of Air and Radiation).
61.16 ...............................................
61.23(b) ...........................................
61.93(b)(2)(iii), (c)(2)(iii) ..................
61.107(b)(2)(iii), (d)(2)(iii) ................
61.125(a) .........................................
61.206(c), (d), and (e) .....................
In addition, because WDOH does not
currently have express authority to
recover criminal fines for knowingly
making a false material statement,
representation, or certificate in any
form, notice or report or knowingly
rendering inadequate any required
monitoring device or method, as
required by 40 CFR 70.11(a)(3)(iii) and
40 CFR 63.91(d)(3)(i), EPA will continue
to retain primary authority to
implement and enforce these
authorities. This is the basis for partial
rather than full approval.
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B. How Will This Partial Approval and
Delegation Affect Regulated
Community?
Generally speaking, the transfer of
authority from EPA to WDOH in this
delegation changes EPA’s role from
primary implementer and enforcer to
overseer. As a result, sources in
Washington subject to the delegated
Radionuclide NESHAPs should direct
questions and compliance issues to
WDOH. For authorities that are NOT
delegated (those noted in Section III.A.
above), affected sources should continue
to work with EPA as their primary
contact and submit materials directly to
EPA. In such cases, affected sources
should copy WDOH on all submittals,
questions, and requests. EPA will
continue to have primary responsibility
to implement and enforce Federal
regulations that do not have current
state or local agency delegations.
C. Where Will the Regulated Community
Send Notifications and Reports?
Sources subject to the delegated
NESHAPs will be required to send
required notifications, reports and
requests to WDOH for WDOH’s action
and to provide copies to EPA. For
authorities that are excluded from this
delegation, sources should continue to
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send required notifications, reports, and
requests to EPA and to provide copies
to WDOH.
D. What Are WDOH’s Reporting
Obligations?
WDOH must maintain a record of all
approved alternatives to all monitoring,
testing, recordkeeping, and reporting
requirements and provide this list of
alternatives to EPA at least semiannually, or at a more frequent basis if
requested by EPA. EPA may audit the
WDOH-approved alternatives and
disapprove any that it determines are
inappropriate, after discussion with
WDOH. If changes are disapproved,
WDOH must notify the source that it
must revert to the original applicable
monitoring, testing, recordkeeping, and/
or reporting requirements (either those
requirements of the original section 112
requirements, the alternative
requirements approved under 40 CFR
part 63, subpart A, or the previously
approved site-specific alternative
requirements). Also, in cases where the
source does not maintain the conditions
which prompted the approval of the
alternatives to the monitoring testing,
recordkeeping, and/or reporting
requirements, WDOH must require the
source to revert to the original
monitoring, testing, recordkeeping, and
reporting requirements, or more
stringent requirements, if justified.
E. What Is the Effect of Other State Laws
Regulating Radionuclide Air Emissions?
This partial approval and delegation
delegates to WDOH authority to
implement and enforce 40 CFR part 61,
subparts A, B, H, I, K, Q, R, T, and W,
as in effect on July 1, 2004. The partial
approval and delegation does not extend
to any additional state standards,
including other state standards
regulating radionuclide air emissions.
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However, if both a State or local
regulation and a Federal regulation
apply to the same source, both must be
complied with, regardless of whether
the one is more stringent than the other,
pursuant to the requirements of section
116 of the Clean Air Act.
F. Delegation of Newly Promulgated and
Revised Radionuclide NESHAPs
WDOH may receive partial approval
and delegation of newly promulgated or
revised Radionuclide NEHAPS by the
following streamlined process: (1)
WDOH will send a letter to EPA
requesting delegation for such new or
revised NESHAPs which WDOH has
adopted by reference into Washington
regulations; (2) EPA will send a letter of
response back to WDOH granting partial
approval of the delegation request (or
explaining why EPA cannot grant the
request), and publish only EPA’s
approval in the Federal Register; (3)
WDOH does not need to send a response
back to EPA.
G. How Will WDOH Receive Partial
Approval and Delegation of Newly
Promulgated and Revised Radionuclide
NESHAPs?
WDOH is not obligated to request or
receive future delegations. However,
EPA encourages WDOH, on an annual
basis, to revise its rules to incorporate
by reference newly promulgated or
revised Radionuclide NESHAPs and
request updated delegation. Preferably,
WDOH should adopt Federal
regulations effective July 1, of each year;
this corresponds with the publication
date of the Code of Federal Regulations
(CFR).
H. How Will This Partial Approval and
Delegation Affect Indian Country?
This partial approval and delegation
to WDOH to implement and enforce the
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Radionuclide NESHAPs does not extend
to sources or activities located in Indian
country, as defined in 18 U.S.C. 1151.
‘‘Indian country’’ is defined under 18
U.S.C. 1151 as: (1) All land within the
limits of any Indian reservation under
the jurisdiction of the United States
Government, notwithstanding the
issuance of any patent, and including
rights-of-way running through the
reservation; (2) all dependent Indian
communities within the borders of the
United States, whether within the
original or subsequently acquired
territory thereof, and whether within or
without the limits of a State; and (3) all
Indian allotments, the Indian titles to
which have not been extinguished,
including rights-of-way running through
the same. Under this definition, EPA
treats as reservations trust lands validly
set aside for the use of a Tribe, even if
the trust lands have not been formally
designated as a reservation. Consistent
with previous Federal program
approvals or delegations, EPA will
continue to implement the NESHAPs in
Indian country, because WDOH has not
adequately demonstrated its authority
over sources and activities located
within the exterior boundaries of Indian
reservations and other areas in Indian
country.
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IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 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
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Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
The 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, November 9, 2000).
Consistent with EPA policy, however,
EPA nonetheless initiated consultation
with representatives of tribal
governments in the process of
developing this proposal to permit them
to have meaningful and timely input
into its development.
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,
August 10, 1999). This action merely
approves a State request to receive
delegation of certain Federal standards,
and does not alter the relationship or
the distribution of power and
responsibilities established in the Clean
Air Act. 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 is not
economically significant.
In reviewing program approval and
delegation submissions, EPA’s role is to
approve submissions provided that they
meet the criteria of the Clean Air Act.
In this context, in the absence of a prior
existing requirement for the State to use
voluntary consensus standards (VCS),
EPA has no authority to disapprove a
delegation submission for failure to use
VCS. It would thus be inconsistent with
applicable law for EPA to use VCS in
place of a delegation submission that
otherwise satisfies the provisions of the
Clean Air Act. 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 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
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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. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 4, 2006.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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. 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 61
Environmental protection, Air
pollution control, Radionuclides,
Reporting, and recordkeeping
requirements.
Dated: May 19, 2006.
L. Michael Bogert,
Regional Administrator, Region 10.
40 CFR part 61 is amended to read as
follows:
I
PART 61—[AMENDED]
1. The authority citation for part 61
continues to read as follows:
I
Authority: 42 U.S.C. 7401, 7412, 7413,
7414, 7416, 7601 and 7602.
Subpart A—General Provisions
2. Section 61.04 is amended by
revising the table in paragraph (c)(10) to
read as follows:
I
§ 61.04
*
Address.
*
*
(c) * * *
(10) * * *
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X
X
X
............
............
X
............
............
X
X
X
X
X 16
BCAA 8
X
X
X
...............
X
...............
X
...............
...............
X
X
X
X
...............
...............
X
...............
...............
X
X
X
X
X 16
NWCAA 9
X
X
X
................
X
................
X
................
................
X
X
X
X
................
................
X
................
................
X
X
X
X
X 16
ORCAA 10
WA
X
X
X
................
X
................
X
................
................
X
X
X
X
................
................
X
................
................
X
X
X
X
X 16
PSCAA 11
DELEGATION STATUS FOR PART 61 STANDARDS—REGION 10 1
X
X
X
.................
X
.................
X
.................
.................
X
X
X
X
.................
.................
X
.................
.................
X
X
X
X
X 16
SWCAA 12
X
X
X
..................
X
..................
X
..................
..................
X
X
X
X
..................
..................
X
..................
..................
X
X
X
X
X 16
SCAPCA 13
X
X
X
................
X
................
X
................
................
X
X
X
X
................
................
X
................
................
X
X
X
X
X 16
YRCAA 14
...............
...............
...............
X
...............
X
...............
X
X
...............
...............
...............
...............
X
X
...............
X
X
...............
...............
...............
...............
X 17
WDOH 15
1. Table last updated on July 5, 2006.
2. Any authority within any subpart of this part (i.e. under ‘‘Delegation of Authority’’) that is identified as not delegable, is not delegated.
3. Alaska Department of Environmental Conservation (01/18/1997). Note: Alaska received delegation for § 61.145 and § 61.154 of subpart M (Asbestos), along with other sections and appendices which are referenced in § 61.145, as § 61.145 applies to sources required to obtain an operating permit under Alaska’s regulations. Alaska has not received delegation for subpart
M for sources not required to obtain an operating permit under Alaska’s regulations.
4. Idaho Department of Environmental Quality (07/01/2003). Note: Delegation of these part 61 subparts applies only to those sources in Idaho required to obtain an operating permit under
title V of the Clean Air Act.
5. Oregon Department of Environmental Quality (07/01/2004).
6. Lane Regional Air Pollution Authority (07/01/2001).
7. Washington Department of Ecology (02/20/2001). Note: Delegation of part 61, subpart M, applies only to sources required to obtain an operating permit under title V of the Clean Air
Act, including Hanford. (Pursuant to RCW 70.105.240, only Ecology can enforce non-radionuclide regulations at Hanford).
8. Benton Clean Air Authority (02/20/2001). Note: Delegation of part 61, subpart M, excludes Hanford, see note #7.
9. Northwest Clean Air Agency (07/01/2003).
10. Olympic Regional Clean Air Agency (07/01/2000). Note: Delegation of part 61, subpart M applies only to sources required to obtain an operating permit under title V of the Clean Air
Act.
General Provisions 16 ..........................
Radon from Underground Uranium
Mines .....................................................
C Beryllium ..............................................
D Beryllium Rocket Motor Firing .............
E Mercury ................................................
F Vinyl Chloride ......................................
H Radionuclide other than Radon from
Dept. of Energy Facilities ......................
I Radionuclide from Federal Facilities
other than Nuclear Regulatory Commission Licensees and not covered by
Subpart H ...............................................
J Equipment Leaks of Benzene ..............
K Radionuclide from Elemental Phosphorus Plants .........................................
L Benzene from Coke By-Product Recovery Plants .........................................
M Asbestos .............................................
N Inorganic Arsenic from Glass Manufacturing Plants ......................................
O Inorganic Arsenic from Primary Copper Smelters ..........................................
P Inorganic Arsenic emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities ....................................
Q Radon from Dept. of Energy Facilities
R Radon from Phosphogypsum Stacks
T Radon from Disposal Uranium Mill
Tailings ...................................................
V Equipment Leaks (Fugitive Sources) ..
W Radon from Operating Mill Tailings ...
Y Benzene from Benzene Storage Vessels .........................................................
BB Benzene from Benzene Transfer Operations ..................................................
FF Benzene Waste Operations ..............
A
B
Subparts 2
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11. Puget Sound Clean Air Agency (07/01/2005).
12. Southwest Clean Air Agency (08/01/1998).
13. Spokane County Air Pollution Control Authority (02/20/2001).
14. Yakima Regional Clean Air Authority (07/01/2000).
15. Washington State Department of Health (07/01/2004). Note: WDOH is only delegated the Radionuclide NESHAPs. Other NESHAPs will be enforced by Washington State Department
of Ecology and local air agencies, as applicable.
16. General Provisions Authorities which are not delegated include: §§ 61.04(b); 61.12(d)(1); 61.13(h)(1)(ii) for approval of major alternatives to test methods; § 61.14(g)(1)(ii) for approval
of major alternatives to monitoring; § 61.16; § 61.53(c)(4); and any sections in the subparts pertaining to approval of alternative standards (i.e., alternative means of emission limitations), or
approval of major alternatives to test methods or monitoring. For definitions of minor, intermediate, and major alternatives or changes to test methods and monitoring, see 40 CFR 63.90.
17. General Provisions Authorities which are not delegated include: waiver of recordkeeping, approval of alternative means of emission limitation, approval of alternatives to test methods,
except as provided in 40 CFR 61.13(h)(1)(i), approval of alternative to monitoring that do not qualify as ‘‘Minor changes to monitoring,’’ ‘‘Intermediate changes to monitoring,’’ or ‘‘Minor
changes to recordkeeping/reporting’’ as defined in 40 CFR 63.90, and availability of information.
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48 CFR Parts 1532 and 1552
and Oversight Division, Office of
Acquisition Management, Mail Code
3802R, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone
number: (202) 564–9902; fax number:
(202) 565–2475; e-mail address:
schermerhorn.tiffany@epa.gov.
[FRL–8179–6]
SUPPLEMENTARY INFORMATION:
EPAAR Prescription and Clause—
Simplified Acquisition Procedures
Financing
I. General Information
The EPAAR additions are necessary
so that contracting officers may provide
simplified acquisition procedures
financing that is appropriate or
customary in the commercial
marketplace when purchasing
commercial items at or below the
simplified acquisition threshold. This
rule does not impose any new
requirements regarding submission of
invoices or vouchers since Agency
contractors currently submit invoices or
vouchers for payment of orders. The
EPAAR changes are consistent with the
Federal Acquisition Regulation. No
public comments were received in
response to the proposed rule published
on March 13, 2006. However, a minor
revision to the proposed language has
been made in response to an internal
agency comment.
[FR Doc. E6–8470 Filed 6–2–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Final rule.
cprice-sewell on PROD1PC66 with RULES
AGENCY:
SUMMARY: EPA is revising the EPA
Acquisition Regulation (EPAAR)
Subparts 1532 and 1552 to implement a
procedure for simplified acquisition
procedures financing. This EPAAR
revision adds a prescription and clause
for contracting officers to use when
approving advance or interim payments
on simplified acquisitions. The
prescription and clause apply to
commercial item orders at or below the
simplified acquisition threshold. This
action revises the EPAAR, but does not
impose any new requirements on
Agency contractors. The procedure
allows contractors to invoice for
advance and interim payments in
accordance with standard commercial
practices when authorized by the
contracting officer and identified in the
clause payment schedule.
DATES: This final rule is effective on
June 5, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–OARM–2006–0126. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the OEI Docket, EPA/DC, EPA
West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OEI Docket is (202) 566–
1752.
FOR FURTHER INFORMATION CONTACT:
Tiffany Schermerhorn, Policy, Training
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II. Statutory and Executive Order
Reviews
A. Executive Order 12866
It has been determined that this rule
is not a ‘‘significant regulatory action’’
under the terms of Executive Order
12866 and is therefore not subject to
OMB review.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. This rule
does not impose any new information
collection or other requirements on
Agency contractors.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of today’s rule on small entities, small
entity is defined as: (1) A small business
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as defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s proposed rule on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities. This final rule will not impose
any new requirements on small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of section 205 do not
apply when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective
or least burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
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[Federal Register Volume 71, Number 107 (Monday, June 5, 2006)]
[Rules and Regulations]
[Pages 32276-32282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8470]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 61
[EPA-R10-OAR-2006-0001; FRL-8177-2]
Partial Approval of the Clean Air Act, Section 112(l), Delegation
of Authority to the Washington State Department of Health
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is granting partial approval to Washington State
Department of Health's (WDOH) request for delegation of authority to
implement and enforce the National Emission Standards for Hazardous Air
Pollutants (NESHAP) for radionuclide air emission. This action is being
taken under the Clean Air Act (CAA or the Act).
DATES: Effective Date: This final rule is effective on July 5, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2006-0001. All documents in the electronic docket are
listed in the https://www.regulations.gov index. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in https://www.regulations.gov or in
hard copy during normal business hours at the Office of Air, Waste and
Toxics, U.S. Environmental Protection Agency, Region 10, 1200 Sixth
Avenue, Seattle, Washington 98101. 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.
FOR FURTHER INFORMATION CONTACT: Davis Zhen, (206) 553-7660, or by e-
mail at zhen.davis@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Response to Comments
III. Final Action
A. What Authorities Are Excluded From This Partial Approval and
Delegation?
B. How Will This Partial Approval and Delegation Affect the
Regulated Community?
C. Where Will the Regulated Community Send Notifications and
Reports?
D. What Are WDOH's Reporting Obligations?
E. What Is the Effect of Other State Laws Regulating
Radionuclide Air Emissions?
F. How Will WDOH Receive Partial Approval and Delegation of
Newly Promulgated and Revised Radionuclide NESHAPs?
G. How Frequently Should WDOH Update Its Partial Approval and
Delegations?
H. How Will This Partial Approval and Delegation Affect Indian
Country?
IV. Statutory and Executive Order Reviews
I. Background
On June 6, 2005, WDOH submitted a request for delegation of
authority to implement and enforce 40 CFR part 61, subparts A, B, H, I,
K, Q, R, T, and W (Radionuclide NESHAPs). WDOH's request showed that it
had adopted without change or modification all of the provisions of the
Radionuclide NESHAPs, as in effect on July 1, 2004. On February 22,
2006, EPA proposed a partial approval of WDOH's delegation request. The
reason for EPA's decision to grant partial rather than full approval
was that WDOH does not currently have express authority to recover
criminal fines for knowingly making a false material statement,
representation, or certificate in any form, notice or report, or
knowingly rendering inadequate any required monitoring device or
method, as required by 40 CFR 70.11(a)(3)(iii) and 40 CFR
63.91(d)(3)(i). Please refer to 71 FR 9059 (February 22, 2006) for a
detailed description of our proposed partial approval and delegation.
II. Response to Comments
EPA provided a 30-day period for public comment on our February 22,
2006 proposal, which ended on March 24, 2006. No comments were received
[[Page 32277]]
during the public comment period. EPA did receive a comment letter,
however, on March 27, 2006, after the close of the public comment
period. Although EPA is not legally obligated to respond, a summary of
the commenter's concerns and EPA's response to the comments follows. A
copy of the comment letter is in the docket.
The commenter states that WDOH's radionuclide regulations are not
consistent with and are more stringent than the Radionuclide NESHAPs.
The commenter cites a 1983 EPA guidance document regarding delegation
of NSPS and NESHAP standards which states that ``state regulations
dealing with NSPS and NESHAPS must be consistent with the Federal
regulations as outlined in 40 CFR Part 60 and 61.'' Good Practices
Manual for Delegation of NSPS and NESHAPs, February 1983. The commenter
continues that, although a state regulation is allowed to be more
stringent than the corresponding federal regulation, the state
regulation should be consistent.
The commenter notes several ways in which it believes WDOH's
radionuclide regulations are not consistent with the Radionuclide
NESHAPs. First, the commenter states that the WDOH regulations have no
de minimis exemption from the requirement to obtain a construction
permit and that there is no scientific basis for permitting sources
below EPA's standard of 0.1 mrem per year. EPA assumes this is a
reference to the exemption in 40 CFR 61.96(b) for new construction and
modifications with emissions less than 1% of the standard in 40 CFR
61.92 (referred to here as the ``de minimis exemption'' or ``de minimis
level''). The commenter is also concerned that WDOH has allegedly
stated that it does not review or assess the economic impact of
regulating sources below this de minimis level. Second, the commenter
states that some of WDOH's exemptions are narrower than those provided
in the Radionuclide NESHAPs. As an example, the commenter states that
WDOH's exemption to the definition of ``modification'' for routine
maintenance, repair and replacement applies only to abatement
technology, whereas EPA's definition of modification has no such
limitation. Third, the commenter states that WDOH requires notice of
construction applications for accidental releases, whereas the
Radionuclide NESHAPs do not. Fourth, the commenter states that WDOH has
expressed concern, and even reluctance, to permit some individual
sources, even though their effective doses were below the de minimis
level individually and actual facility-wide emissions are approximately
0.3% of the Radionuclide NESHAPs facility-wide standard of 10 mrem per
year because the unabated (uncontrolled) emissions of the Department of
Energy's Hanford facility (DOE Hanford) are approaching the facility-
wide standard of 10 mrem per year. The commenter concludes that EPA
should not delegate the Radionuclide NESHAPs to WDOH unless WDOH
promulgates regulations consistent with the regulations and the intent
of the Radionuclide NESHAPs or documents substantial evidence other
than that compiled by the EPA to reinforce their regulations.
As the commenter notes and as discussed in the proposal, WDOH has,
in addition, adopted other provisions as a matter of state law that
regulated radionuclide emissions and that apply to sources subject to
the Radionuclide NESHAPs. These requirements are additional to and more
stringent than the Radionuclide NESHAPs, by, for example, eliminating
exemptions that may be available under the Radionuclide NESHAPs.
Section 116 of the CAA makes clear, however, that with some exceptions
not relevant here, nothing in title I of the CAA precludes or denies
the right of any State to adopt or enforce any standard or limitation
respecting emissions of air pollutants or any requirement respecting
control or abatement of air pollutant so long as it is not less
stringent than a standard or limitation in effect under an applicable
implementation plan or under section 111 or 112 of the CAA. EPA made
clear in proposing to approve WDOH's delegation request that EPA's
partial approval and delegation of the Radionuclide NESHAPs to WDOH
does not extend to any additional state standards regulating
radionuclide emissions. See 71 FR 9062 and 9063. These additional State
standards are enforceable as a matter of State law, but are not
enforceable under the CAA or in any way part of this delegation.
III. Final Action
EPA is granting partial approval to WDOH's request for partial
approval and delegation of authority to implement and enforce the
Radionuclide NESHAPs. Pursuant to the authority of section 112(l) of
the CAA, this partial approval is based on EPA's finding that State
law, regulations and agency resources meet the requirements for partial
program approval and delegation of authority specified in 40 CFR 63.91
and applicable EPA guidance. Except as provided in Section III.B., EPA
is delegating to WDOH authority to implement and enforce 40 CFR part
61, subparts A, B, H, I, K, Q, R, T, and W, as in effect on July 1,
2004. NESHAPs that are promulgated or revised substantively after July
1, 2004 are not delegated to WDOH. These remain the responsibility of
EPA. Included as part of the delegation is the authority to approve:
1. ``Minor changes to monitoring,'' including the use of the
specified monitoring requirements and procedures with minor changes in
methodology as described in 40 CFR 61.14(g)(1)(i);
2. ``Intermediate changes to monitoring;''
3. ``Minor changes to recordkeeping/reporting;'';
4. ``Minor changes in test methods,'' including the use of a
reference method with minor changes in methodology as described in 40
CFR 61.13(h)(1)(i);
5. Waiver of the requirement for emission testing because the owner
or operator of a source has demonstrated by other means to WDOH's
satisfaction that the source is in compliance with the standard as
described in 40 CFR 61.13(h)(1)(iii).
For purposes of this paragraph, the terms in quotations have the
meaning assigned to them in 40 CFR 63.90.
EPA is also updating the table published at 40 CFR 61.04(c)(10)
showing the most recent delegation status of specific part 61 subparts
that have been delegated to State and local air pollution control
authorities in Region 10.
A. What Authorities Are Excluded From This Partial Approval and
Delegation?
EPA is not delegating authorities under 40 CFR part 61 that
specifically indicate they can not be delegated, that require
rulemaking to implement, that affect the stringency of the standard, or
where national oversight is the only way to ensure national
consistency. Table 1 below identifies the specific authorities within
40 CFR part 61, subparts A, B, H, I, K, Q, R, T, and W that EPA is
specifically excluding from this delegation.
[[Page 32278]]
Table 1.--Part 61 Authorities Excluded From Partial Approval and
Delegation
------------------------------------------------------------------------
Section Authorities
------------------------------------------------------------------------
61.04(b).......................... Waiver of recordkeeping.
61.12(d)(1)....................... Approval of alternative means of
emission limitation.
61.13(h)(1)(ii)................... Approval of alternatives to test
methods (except as provided in 40
CFR 61.13(h)(1)(i)).
61.14(g)(1)(ii)................... Approval of alternatives to
monitoring that do not qualify as
``Minor changes to monitoring,''
``Intermediate changes to
monitoring,'' or ``Minor changes to
recordkeeping/reporting'' For
purposes of the previous sentence,
the terms in quotes are defined in
40 CFR 63.90.
61.16............................. Availability of information.
61.23(b).......................... Subpart B--Radon Emissions from
Underground Uranium Mines
Alternative compliance
demonstration to COMPLY-R (requires
EPA Headquarters approval).
61.93(b)(2)(iii), (c)(2)(iii)..... Subpart H--Emissions of
Radionuclides Other than Radon from
DOE Facilities (alternatives to
test methods).
61.107(b)(2)(iii), (d)(2)(iii).... Subpart I--Radionuclide Emissions
from Federal Facilities Other than
NRC licensees and Not Covered in
Subpart H (alternatives to test
methods).
61.125(a)......................... Subpart K--Radionuclide Emissions
from elemental Phosphorus Plants
(alternatives to test methods).
61.206(c), (d), and (e)........... Subpart R--Emission from
Phosphogypsum Stacks (requires
Approval from Assistant
Administrator of EPA Office of Air
and Radiation).
------------------------------------------------------------------------
In addition, because WDOH does not currently have express authority
to recover criminal fines for knowingly making a false material
statement, representation, or certificate in any form, notice or report
or knowingly rendering inadequate any required monitoring device or
method, as required by 40 CFR 70.11(a)(3)(iii) and 40 CFR
63.91(d)(3)(i), EPA will continue to retain primary authority to
implement and enforce these authorities. This is the basis for partial
rather than full approval.
B. How Will This Partial Approval and Delegation Affect Regulated
Community?
Generally speaking, the transfer of authority from EPA to WDOH in
this delegation changes EPA's role from primary implementer and
enforcer to overseer. As a result, sources in Washington subject to the
delegated Radionuclide NESHAPs should direct questions and compliance
issues to WDOH. For authorities that are NOT delegated (those noted in
Section III.A. above), affected sources should continue to work with
EPA as their primary contact and submit materials directly to EPA. In
such cases, affected sources should copy WDOH on all submittals,
questions, and requests. EPA will continue to have primary
responsibility to implement and enforce Federal regulations that do not
have current state or local agency delegations.
C. Where Will the Regulated Community Send Notifications and Reports?
Sources subject to the delegated NESHAPs will be required to send
required notifications, reports and requests to WDOH for WDOH's action
and to provide copies to EPA. For authorities that are excluded from
this delegation, sources should continue to send required
notifications, reports, and requests to EPA and to provide copies to
WDOH.
D. What Are WDOH's Reporting Obligations?
WDOH must maintain a record of all approved alternatives to all
monitoring, testing, recordkeeping, and reporting requirements and
provide this list of alternatives to EPA at least semi-annually, or at
a more frequent basis if requested by EPA. EPA may audit the WDOH-
approved alternatives and disapprove any that it determines are
inappropriate, after discussion with WDOH. If changes are disapproved,
WDOH must notify the source that it must revert to the original
applicable monitoring, testing, recordkeeping, and/or reporting
requirements (either those requirements of the original section 112
requirements, the alternative requirements approved under 40 CFR part
63, subpart A, or the previously approved site-specific alternative
requirements). Also, in cases where the source does not maintain the
conditions which prompted the approval of the alternatives to the
monitoring testing, recordkeeping, and/or reporting requirements, WDOH
must require the source to revert to the original monitoring, testing,
recordkeeping, and reporting requirements, or more stringent
requirements, if justified.
E. What Is the Effect of Other State Laws Regulating Radionuclide Air
Emissions?
This partial approval and delegation delegates to WDOH authority to
implement and enforce 40 CFR part 61, subparts A, B, H, I, K, Q, R, T,
and W, as in effect on July 1, 2004. The partial approval and
delegation does not extend to any additional state standards, including
other state standards regulating radionuclide air emissions. However,
if both a State or local regulation and a Federal regulation apply to
the same source, both must be complied with, regardless of whether the
one is more stringent than the other, pursuant to the requirements of
section 116 of the Clean Air Act.
F. Delegation of Newly Promulgated and Revised Radionuclide NESHAPs
WDOH may receive partial approval and delegation of newly
promulgated or revised Radionuclide NEHAPS by the following streamlined
process: (1) WDOH will send a letter to EPA requesting delegation for
such new or revised NESHAPs which WDOH has adopted by reference into
Washington regulations; (2) EPA will send a letter of response back to
WDOH granting partial approval of the delegation request (or explaining
why EPA cannot grant the request), and publish only EPA's approval in
the Federal Register; (3) WDOH does not need to send a response back to
EPA.
G. How Will WDOH Receive Partial Approval and Delegation of Newly
Promulgated and Revised Radionuclide NESHAPs?
WDOH is not obligated to request or receive future delegations.
However, EPA encourages WDOH, on an annual basis, to revise its rules
to incorporate by reference newly promulgated or revised Radionuclide
NESHAPs and request updated delegation. Preferably, WDOH should adopt
Federal regulations effective July 1, of each year; this corresponds
with the publication date of the Code of Federal Regulations (CFR).
H. How Will This Partial Approval and Delegation Affect Indian Country?
This partial approval and delegation to WDOH to implement and
enforce the
[[Page 32279]]
Radionuclide NESHAPs does not extend to sources or activities located
in Indian country, as defined in 18 U.S.C. 1151. ``Indian country'' is
defined under 18 U.S.C. 1151 as: (1) All land within the limits of any
Indian reservation under the jurisdiction of the United States
Government, notwithstanding the issuance of any patent, and including
rights-of-way running through the reservation; (2) all dependent Indian
communities within the borders of the United States, whether within the
original or subsequently acquired territory thereof, and whether within
or without the limits of a State; and (3) all Indian allotments, the
Indian titles to which have not been extinguished, including rights-of-
way running through the same. Under this definition, EPA treats as
reservations trust lands validly set aside for the use of a Tribe, even
if the trust lands have not been formally designated as a reservation.
Consistent with previous Federal program approvals or delegations, EPA
will continue to implement the NESHAPs in Indian country, because WDOH
has not adequately demonstrated its authority over sources and
activities located within the exterior boundaries of Indian
reservations and other areas in Indian country.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 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).
The 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, November 9, 2000). Consistent with EPA policy, however, EPA
nonetheless initiated consultation with representatives of tribal
governments in the process of developing this proposal to permit them
to have meaningful and timely input into its development.
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, August
10, 1999). This action merely approves a State request to receive
delegation of certain Federal standards, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. 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 is not economically significant.
In reviewing program approval and delegation submissions, EPA's
role is to approve submissions provided that they meet the criteria of
the Clean Air Act. In this context, in the absence of a prior existing
requirement for the State to use voluntary consensus standards (VCS),
EPA has no authority to disapprove a delegation submission for failure
to use VCS. It would thus be inconsistent with applicable law for EPA
to use VCS in place of a delegation submission that otherwise satisfies
the provisions of the Clean Air Act. 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 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. 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.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 4, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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. 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 61
Environmental protection, Air pollution control, Radionuclides,
Reporting, and recordkeeping requirements.
Dated: May 19, 2006.
L. Michael Bogert,
Regional Administrator, Region 10.
0
40 CFR part 61 is amended to read as follows:
PART 61--[AMENDED]
0
1. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7401, 7412, 7413, 7414, 7416, 7601 and
7602.
Subpart A--General Provisions
0
2. Section 61.04 is amended by revising the table in paragraph (c)(10)
to read as follows:
Sec. 61.04 Address.
* * * * *
(c) * * *
(10) * * *
[[Page 32280]]
Delegation Status for Part 61 Standards--Region 10 \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
AK ID OR WA
--------------------------------------------------------------------------------------------------------------------
Subparts \2\ ADEC IDEQ ODEQ LRAPA Ecology BCAA NWCAA ORCAA PSCAA SWCAA SCAPCA YRCAA WDOH
\3\ \4\ \5\ \6\ \7\ \8\ \9\ \10\ \11\ \12\ \13\ \14\ \15\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A General Provisions \16\.......... X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \17\
B Radon from Underground Uranium ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
Mines.............................
C Beryllium........................ ....... X X X X X X X X X X X .......
D Beryllium Rocket Motor Firing.... ....... X X X X X X X X X X X .......
E Mercury.......................... X X X X X X X X X X X X .......
F Vinyl Chloride................... ....... X X X X X X X X X X X .......
H Radionuclide other than Radon ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
from Dept. of Energy Facilities...
I Radionuclide from Federal ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
Facilities other than Nuclear
Regulatory Commission Licensees
and not covered by Subpart H......
J Equipment Leaks of Benzene....... X X X X X X X X X X X X .......
K Radionuclide from Elemental ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
Phosphorus Plants.................
L Benzene from Coke By-Product ....... X X X X X X X X X X X .......
Recovery Plants...................
M Asbestos......................... X ....... ....... ....... X X X X X X X X .......
N Inorganic Arsenic from Glass ....... X X ....... X X X X X X X X .......
Manufacturing Plants..............
O Inorganic Arsenic from Primary ....... X X ....... X X X X X X X X .......
Copper Smelters...................
P Inorganic Arsenic emissions from ....... X X ....... X X X X X X X X .......
Arsenic Trioxide and Metallic
Arsenic Production Facilities.....
Q Radon from Dept. of Energy ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
Facilities........................
R Radon from Phosphogypsum Stacks.. ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
T Radon from Disposal Uranium Mill ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
Tailings..........................
V Equipment Leaks (Fugitive X X X ....... X X X X X X X X .......
Sources)..........................
W Radon from Operating Mill ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
Tailings..........................
Y Benzene from Benzene Storage X X X ....... X X X X X X X X .......
Vessels...........................
BB Benzene from Benzene Transfer ....... X X ....... X X X X X X X X .......
Operations........................
FF Benzene Waste Operations........ X X X ....... X X X X X X X X .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Table last updated on July 5, 2006.
2. Any authority within any subpart of this part (i.e. under ``Delegation of Authority'') that is identified as not delegable, is not delegated.
3. Alaska Department of Environmental Conservation (01/18/1997). Note: Alaska received delegation for Sec. 61.145 and Sec. 61.154 of subpart M
(Asbestos), along with other sections and appendices which are referenced in Sec. 61.145, as Sec. 61.145 applies to sources required to obtain an
operating permit under Alaska's regulations. Alaska has not received delegation for subpart M for sources not required to obtain an operating permit
under Alaska's regulations.
4. Idaho Department of Environmental Quality (07/01/2003). Note: Delegation of these part 61 subparts applies only to those sources in Idaho required to
obtain an operating permit under title V of the Clean Air Act.
5. Oregon Department of Environmental Quality (07/01/2004).
6. Lane Regional Air Pollution Authority (07/01/2001).
7. Washington Department of Ecology (02/20/2001). Note: Delegation of part 61, subpart M, applies only to sources required to obtain an operating permit
under title V of the Clean Air Act, including Hanford. (Pursuant to RCW 70.105.240, only Ecology can enforce non-radionuclide regulations at Hanford).
8. Benton Clean Air Authority (02/20/2001). Note: Delegation of part 61, subpart M, excludes Hanford, see note 7.
9. Northwest Clean Air Agency (07/01/2003).
10. Olympic Regional Clean Air Agency (07/01/2000). Note: Delegation of part 61, subpart M applies only to sources required to obtain an operating
permit under title V of the Clean Air Act.
[[Page 32281]]
11. Puget Sound Clean Air Agency (07/01/2005).
12. Southwest Clean Air Agency (08/01/1998).
13. Spokane County Air Pollution Control Authority (02/20/2001).
14. Yakima Regional Clean Air Authority (07/01/2000).
15. Washington State Department of Health (07/01/2004). Note: WDOH is only delegated the Radionuclide NESHAPs. Other NESHAPs will be enforced by
Washington State Department of Ecology and local air agencies, as applicable.
16. General Provisions Authorities which are not delegated include: Sec. Sec. 61.04(b); 61.12(d)(1); 61.13(h)(1)(ii) for approval of major
alternatives to test methods; Sec. 61.14(g)(1)(ii) for approval of major alternatives to monitoring; Sec. 61.16; Sec. 61.53(c)(4); and any
sections in the subparts pertaining to approval of alternative standards (i.e., alternative means of emission limitations), or approval of major
alternatives to test methods or monitoring. For definitions of minor, intermediate, and major alternatives or changes to test methods and monitoring,
see 40 CFR 63.90.
17. General Provisions Authorities which are not delegated include: waiver of recordkeeping, approval of alternative means of emission limitation,
approval of alternatives to test methods, except as provided in 40 CFR 61.13(h)(1)(i), approval of alternative to monitoring that do not qualify as
``Minor changes to monitoring,'' ``Intermediate changes to monitoring,'' or ``Minor changes to recordkeeping/reporting'' as defined in 40 CFR 63.90,
and availability of information.
[[Page 32282]]
[FR Doc. E6-8470 Filed 6-2-06; 8:45 am]
BILLING CODE 6560-50-P
