New Source Performance Standards; Supplemental Delegation of Authority to the State of Wyoming, 9958-9962 [E9-4794]
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Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations
■
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
■
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 5100.1 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded under the Instruction
that there are no factors in this case that
would limit the use of a categorical
exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is
categorically excluded, under figure 2–
1, paragraph (34)(g), of the Instruction,
from further environmental
documentation because this temporary
rule establishes a safety zone.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Dated: February 9, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. E9–4894 Filed 3–6–09; 8:45 am]
BILLING CODE 4910–15–P
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add temporary § 165–T11–149 to
read as follows:
§ 165–T11–149 Safety Zone; Coast Guard
Air Station San Francisco Airborne Use of
Force Judgmental Training Flights.
(a) Location. This temporary safety
zone is established for the navigable
waters of the San Pablo Bay, from the
surface to the seafloor, defined by
enclosing an area between the following
points: 38°05′11″ N, 122°22′10″ W;
38°03′44″ N, 122°20′12″ W; 38°00′41″ N,
122°25′28″ W; and 38°01′45″ N,
122°26′38″ W (NAD 83).
(b) Definitions. As used in this
section, ‘‘Designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel or a
Federal, State, or local officer assisting
the Captain of the Port (COTP) San
Francisco in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general
regulations in § 165.23 of this title, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the COTP or the COTP’s
designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP’s
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or the COTP’s
designated representative. Persons and
vessels may request permission to enter
the safety zone by contacting the Patrol
Commander on VHF–16 or through the
Coast Guard Command Center at
telephone (415) 399–3547.
(d) Enforcement period. This
temporary rule will be enforced from 9
a.m. to 5 p.m. on February 10, 2009, and
from 10 a.m. to 10 p.m. on March 5–6,
9–13, and 16–20, 2009.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[R08–WY–2008–0001; FRL–8770–2]
New Source Performance Standards;
Supplemental Delegation of Authority
to the State of Wyoming
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Delegation of authority;
technical amendment.
SUMMARY: The Wyoming Department of
Environmental Quality submitted a
request for an updated delegation of
authority to implement and enforce the
Federal New Source Performance
Standards, including one new standard
not previously delegated. EPA’s review
of Wyoming’s updated regulations
determined that they contain adequate
and effective procedures for the
implementation and enforcement of
these Federal standards. This action
informs the public of the updated
delegation to Wyoming.
EPA is also making a technical
amendment to update the list of
subparts delegated to Wyoming.
DATES: This technical amendment is
effective on March 9, 2009. The
delegation of authority to Wyoming
became effective on November 26, 2008.
ADDRESSES: Copies of documents
relevant to this action are available for
public inspection at the Environmental
Protection Agency (EPA), Region 8, Air
Program, 1595 Wynkoop Street, Denver,
Colorado 80202–1129. EPA requests that
if at all possible, you contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section to view
the hard copy of the materials. You may
view the hard copy of the materials
Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Amy Platt, EPA Region 8, at (303) 312–
6449, or Platt.Amy@epa.gov.
SUPPLEMENTARY INFORMATION: For the
purpose of this document, we are giving
meaning to certain words or initials as
follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
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(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The words State or WY mean the
State of Wyoming, unless the context
indicates otherwise.
(iv) The initials WDEQ mean the
Wyoming Department of Environmental
Quality.
(v) The initials NSPS mean the
Federal New Source Performance
Standards, as codified in 40 CFR part
60.
I. Delegation of Authority
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Sections 110, 111(c)(1), and 301 of the
Clean Air Act (CAA), as amended,
authorize EPA to delegate authority to
any state agency which submits
adequate regulatory procedures for
implementation and enforcement of the
New Source Performance Standards
(NSPS). The NSPS are codified in 40
CFR part 60. Delegation confers primary
responsibility for implementation and
enforcement of the listed NSPS to the
respective state agency; however, EPA
also retains the concurrent authority to
enforce the standards.
With a June 13, 2008 letter, the
Director of the Wyoming Department of
Environmental Quality (WDEQ)
requested delegation of authority for
revisions to the New Source
Performance Standards (NSPS),
promulgated in Chapter 5, National
Emission Standards, Section 2, New
source performance standards, of the
Wyoming Air Quality Standards and
Regulations. For the most part, the
revisions simply update the date for
incorporation by reference of the
Federal NSPS to those promulgated in
40 CFR part 60 as published on July 1,
2006. EPA’s review of the pertinent
regulations determined that they
contain adequate and effective
procedures for the implementation and
enforcement of these Federal standards.
Therefore, on November 26, 2008,
delegation was given to Wyoming with
the following letter:
Ref: 8P–AR
John V. Corra, Director, Wyoming
Department of Environmental Quality, 122
West 25th Street, Cheyenne, WY 82002.
Re: Delegation of Clean Air Act New Source
Performance Standards
Dear Mr. Corra: With your June 13, 2008
letter, the State of Wyoming submitted
revisions to its Air Quality Standards and
Regulations and requested, among other
things, direct delegation to implement and
enforce the Federal New Source Performance
Standards (NSPS). Specifically, Wyoming Air
Quality Standards and Regulations, Chapter
5, National Emission Standards, Section 2,
New source performance standards, was
revised, and a new Section 4, Incorporation
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by reference, was created to update the
citation for the incorporated Federal NSPS in
40 CFR Part 60 as published on July 1, 2006,
and to make minor administrative revisions.
Subsequent to States adopting NSPS
regulations, EPA delegates the authority for
the implementation and enforcement of those
NSPS, so long as the States’ regulations are
equivalent to the Federal regulations. EPA
reviewed the pertinent statutes and
regulations of the State of Wyoming and
determined that they provide an adequate
and effective procedure for the
implementation and enforcement of the
NSPS by the State. Therefore, pursuant to
Section 111(c) of the Clean Air Act (Act), as
amended, and 40 CFR Part 60, EPA hereby
delegates its authority for the implementation
and enforcement of the NSPS to the State of
Wyoming as follows:
(A) Responsibility for all sources located,
or to be located, in the State of Wyoming
subject to the standards of performance for
new stationary sources promulgated in 40
CFR Part 60. The categories of new stationary
sources covered by this delegation are all
NSPS subparts in 40 CFR Part 60, as
published on July 1, 2006. Note this
delegation does not include the emission
guidelines in subparts Cb, Cc, Cd, Ce, BBBB,
DDDD, FFFF, and HHHH. These subparts
require state plans, which are approved
under a separate process pursuant to Section
111(d) of the Act.
(B) Not all authorities of NSPS can be
delegated to States under Section 111(c) of
the Act, as amended. The EPA Administrator
retains authority to implement those sections
of the NSPS that require: (1) Approving
equivalency determinations and alternative
test methods, (2) decision-making to ensure
national consistency, and (3) EPA rulemaking
in order to implement. Enclosed with this
letter is a list of examples of sections in 40
CFR Part 60 related to the NSPS being
delegated in this letter that cannot be
delegated to the State of Wyoming. Please
note that the enclosed list has been updated
since our November 9, 2006 delegation of
authority to implement and enforce the NSPS
to the State of Wyoming.
(C) The Wyoming Department of
Environmental Quality (WDEQ) and EPA will
continue a system of communication
sufficient to guarantee that each office is
always kept informed and current regarding
compliance status of the subject sources and
interpretation of the regulations.
(D) Enforcement of the NSPS in the State
will be the primary responsibility of the
WDEQ. If the WDEQ determines that such
enforcement is not feasible and so notifies
EPA, or where the WDEQ acts in a manner
inconsistent with the terms of this
delegation, EPA may exercise its concurrent
enforcement authority pursuant to section
113 of the Act, as amended, with respect to
sources within the State of Wyoming subject
to NSPS.
(E) The State of Wyoming will at no time
grant a variance or waiver from compliance
with NSPS regulations. Should WYDEQ grant
such a variance or waiver, EPA will consider
the source receiving such relief to be in
violation of the applicable Federal regulation
and initiate enforcement action against the
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source pursuant to section 113 of the Act.
The granting of such relief by the WYDEQ
shall also constitute grounds for revocation of
the delegation by EPA.
(F) If at any time there is a conflict between
a State regulation and a Federal regulation
(40 CFR Part 60), the Federal regulation must
be applied if it is more stringent than that of
the State. If the State does not have the
authority to enforce the more stringent
Federal regulation, this portion of the
delegation may be revoked.
(G) If the Regional Administrator
determines that a State procedure for
enforcing or implementing the NSPS is
inadequate, or is not being effectively carried
out, this delegation may be revoked in whole
or part. Any such revocation shall be
effective as of the date specified in a Notice
of Revocation to the WDEQ.
(H) Acceptance of this delegation of
presently promulgated NSPS does not
commit the State of Wyoming to accept
delegation of future standards and
requirements. A new request for delegation
will be required for any standards not
included in the State’s June 13, 2008 letter.
(I) Upon approval of the Regional
Administrator of EPA Region 8, the Director
of WDEQ may sub-delegate his authority to
implement and enforce the NSPS to local air
pollution control authorities in the State
when such authorities have demonstrated
that they have equivalent or more stringent
programs in force.
(J) The State of Wyoming must require
reporting of all excess emissions from any
NSPS source in accordance with 40 CFR Part
60.7(c).
(K) Performance tests shall be scheduled
and conducted in accordance with the
procedures set forth in 40 CFR Part 60 unless
alternate methods or procedures are
approved by the EPA Administrator.
Although the Administrator retains the
exclusive right to approve equivalent and
alternate test methods as specified in 40 CFR
Part 60.8(b)(2) and (3), the State may approve
minor changes in methodology provided
these changes are reported to EPA Region 8.
The Administrator also retains the right to
change the opacity standard as specified in
40 CFR Part 60.11(e).
(L) Determinations of applicability, such as
those specified in 40 CFR Part 60.5 and
review of plans, as provided for in 40 CFR
Part 60.6, shall be consistent with those
determinations already made and reviews
conducted by the EPA.
(M) Alternatives to continuous monitoring
procedures or reporting requirements, as
outlined in 40 CFR Part 60.13(i), may be
approved by the State only if the specific
NSPS grants that authority. Otherwise, EPA
retains the authority to review and approve
such alternatives.
(N) If a source proposes to modify its
operation or facility which may cause the
source to be subject to NSPS requirements,
the State shall notify EPA Region 8 and
obtain a determination on the applicability of
the NSPS regulations.
(O) Information shall be made available to
the public in accordance with 40 CFR Part
60.9. Any records, reports, or information
provided to, or otherwise obtained by, the
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State in accordance with the provisions of
these regulations shall be made available to
the designated representatives of EPA upon
request.
(P) All reports required pursuant to the
delegated NSPS should not be submitted to
the EPA Region 8 office, but rather to the
WDEQ.
(Q) As 40 CFR Part 60 is updated,
Wyoming should revise its regulations
accordingly and in a timely manner and
submit to EPA requests for updates to its
delegation of authority.
EPA is approving Wyoming’s request for
NSPS delegation for all areas within the State
except for the following: Lands within the
exterior boundaries of the Wind River Indian
Reservation; any lands held in trust by the
United States for an Indian tribe; and any
other areas which are ‘‘Indian Country’’ as
defined in 18 U.S.C. 1151.
Since this delegation is effective
immediately, there is no need for the State
to notify the EPA of its acceptance. Unless
we receive written notice of objections from
you within ten days of the date on which you
receive this letter, the State of Wyoming will
be deemed to accept all the terms of this
delegation. To inform the public of this
delegation, EPA will publish an information
notice in the Federal Register in which this
letter will appear in its entirety.
EPA would like to take this opportunity to
advise the State of Wyoming regarding some
inconsistencies between its NSPS program
and the Federal regulations. Although these
inconsistencies have not been problematic
from a practical standpoint, it would be best
to clarify the language for future purposes to
avoid any misinterpretations. Specifically,
the State of Wyoming should revise the
applicability provision (Chapter 5, Section
2(d)) and the definition of ‘‘existing facility’’
(Chapter 5, Section 2(e)(i)) so that the
language is consistent with the language in
the Federal requirements. The Federal
regulations state that an ‘‘affected facility’’
and ‘‘existing facility’’ are determined based
on the time a standard is proposed rather
than the standard’s effective date (see 40 CFR
60.1(a), 60.2). The State should modify the
current Wyoming applicability section,
which refers to ‘‘construction or modification
of which is commenced after the effective
date’’ to be consistent with the Federal
applicability wording, which refers to ‘‘the
construction or modification of which is
commenced after * * * the date of
publication of any proposed standard
applicable to that facility.’’ Further, the
current Wyoming definition of ‘‘existing
facility,’’ which refers to ‘‘construction or
modification of which commenced before the
effective date,’’ should be revised to mirror
the Federal definition, which refers to
‘‘construction or modification of which
commenced before the proposed date.’’ EPA
requests that the State of Wyoming provide
confirmation that it intends to make these
modifications in an upcoming rulemaking.
If you have any questions on this matter,
please contact me at (303) 312–6241 or Callie
Videtich, Director of our Air Program, at
(303) 312–6434, or toll-free at 1–800–227–
8917.
Sincerely,
Stephen S. Tuber
Assistant Regional Administrator,
Office of Partnerships and Regulatory
Assistance.
Enclosure
cc: Christine Anderson, WY Air Quality
Division
Enclosure to Letter Delegating NSPS in 40
CFR Part 60, Effective Through July 1, 2006,
to the State of Wyoming
EXAMPLES OF AUTHORITIES IN 40 CFR PART 60 WHICH CANNOT BE DELEGATED
40 CFR
subparts
Section(s)
A ..................
60.8(b)(2) and (b)(3), and those sections throughout the standards that reference 60.8(b)(2) and (b)(3); 60.11(b) and (e); and
60.13(i).
60.47Da.
60.44b(f), 60.44b(g) and 60.49b(a)(4).
60.48c(a)(4).
60.56c(i), 60.8.
60.105(a)(13)(iii) and 60.106(i)(12).
60.114a.
60.111b(f)(4), 60.114b, 60.116b(e)(3)(iii), 60.116b(e)(3)(iv), and 60.116b(f)(2)(iii).
60.153(e).
60.302(d)(3).
60.332(a)(4) and 60.335(b)(10)(ii).
60.482–1(c)(2) and 60.484.
60.493(b)(2)(i)(A) and 60.496(a)(1).
60.502(e)(6).
60.531, 60.533, 60.534, 60.535, 60.536(i)(2), 60.537, 60.538(e), and 60.539.
60.543(c)(2)(ii)(B).
60.562–2(c).
60.592(c).
60.613(e).
60.623.
60.634.
60.663(f).
60.694.
60.703(e).
60.711(a)(16), 60.713(b)(1)(i) and (ii), 60.713(b)(5)(i), 60.713(d), 60.715(a) and 60.716.
60.723(b)(1), 60.723(b)(2)(i)(C), 60.723(b)(2)(iv), 60.724(e) and 60.725(b).
60.743(a)(3)(v)(A) and (B), 60.743(e), 60.745(a) and 60.746.
60.754(a)(5).
60.2030(c)(1) through (7).
60.2889(b)(1) through (6).
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II. Region 8 States Delegation Status
In 40 CFR 60.4, we publish a table for
Region 8 states that identifies the NSPS
subparts for which EPA has delegated
authority to implement and enforce to
each state. In this document, we update
that table to reflect the NSPS subparts
delegated to Wyoming.
III. Summary of This Action
This action informs the public of an
update to the delegation of authority to
the State of Wyoming to implement and
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enforce the Federal New Source
Performance Standards as published in
40 CFR part 60 on July 1, 2006. The
letter granting delegation to the State of
Wyoming is effective November 26,
2008. The letter specified that the
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delegation was effective immediately as
of the signature date of the letter and
that if the State did not agree to the
terms of the delegation, they could
submit a written Notice of Objection
within 10 days of the receipt of the
letter, and EPA would withdraw
delegation. Wyoming submitted no such
Notice of Objection.
IV. Statutory and Executive Order
Review
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).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, 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 approves a state rule
implementing a Federal standard.
In addition, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 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 May 8, 2009.
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 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, Aluminum,
Ammonium sulfate plants, Batteries,
Beverages, Carbon monoxide, Cement
industry, Chemicals, Coal, Copper, Dry
cleaners, Electric power plants,
Fertilizers, Fluoride, Gasoline, Glass
and glass products, Grains, Graphic arts
industry, Heaters, Household
appliances, Insulation,
Intergovernmental relations, Iron,
Labeling, Lead, Lime, Metallic and
nonmetallic mineral processing plants,
Metals, Motor vehicles, Natural gas,
Nitric acid plants, Nitrogen dioxide,
Paper and paper products industry,
Particulate matter, Paving and roofing
materials, Petroleum, Phosphate,
Plastics materials and synthetics,
Polymers, Reporting and recordkeeping
requirements, Sewage disposal, Steel,
Sulfur oxides, Sulfuric acid plants,
Tires, Urethane, Vinyl, Volatile organic
compounds, Waste treatment and
disposal, Zinc.
Dated: February 24, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
40 CFR part 60 is amended to read as
follows:
■
PART 60—[AMENDED]
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart A—General Provisions
2. In § 60.4, amend the table in
paragraph (c) by revising the entry for
subpart ‘‘Dc,’’ and by adding an entry
for subpart ‘‘EEEE’’ in alphabetical order
to read as follows:
■
§ 60.4
*
Address.
*
*
(c) * * *
*
*
DELEGATION STATUS OF NEW SOURCE PERFORMANCE STANDARDS
[(NSPS) for Region VIII]
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Subpart
CO
*
*
*
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Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations
DELEGATION STATUS OF NEW SOURCE PERFORMANCE STANDARDS—Continued
[(NSPS) for Region VIII]
Subpart
CO
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EEEE—Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced On or After
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[FR Doc. E9–4794 Filed 3–6–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 25
[IB Docket No. 00–248; FCC 08–246]
Satellite Licensing Procedures
AGENCY: Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
SUMMARY: In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection requirements
associated with Sections 25.115, 25.134,
25.218 and 25.220 of the Commission’s
rules, and that these rules will take
effect as of the date of this notice. On
November 24, 2008, the Commission
published the summary document of the
Report and Order, The Part 25 Earth
Station Streamlining Eight Report and
Order, IB Docket No. 00–248, FCC 08–
246, at 73 FR 70897. The Report and
Order stated that the Commission will
publish a notice in the Federal Register
announcing when OMB approval for the
rule sections which contain information
collection requirements has been
received and when the revised rules
will take effect. This notice is consistent
with the statement in the Report and
Order.
DATES:
Effective March 9, 2009.
For
additional information, please contact
Steven Spaeth, International Bureau,
telephone number (202) 418–1539 or via
the Internet at steven.spaeth@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on February
27, 2009, OMB approved, for a period of
three years, the information collection
requirements contained in Sections
25.115, 25.134, 25.218 and 25.220 of the
dwashington3 on PROD1PC60 with RULES
FOR FURTHER INFORMATION CONTACT:
VerDate Nov<24>2008
14:42 Mar 06, 2009
Jkt 217001
Commission’s rules. The Commission
publishes this notice to announce the
effective date of these rules. If you have
any comments on the burden estimates
listed below, or how the Commission
can improve the collections and reduce
any burdens caused thereby, please
contact Cathy Williams, Federal
Communications Commission, Room 1–
C823, 445 12th Street, SW., Washington,
DC 20554. Please include OMB Control
Number, 3060–0678, in your
correspondence. The Commission will
also accept your comments via the
Internet if you send them to
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an e-mail to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the Commission is notifying the public
that it received OMB approval on
February 27, 2009, for the information
collection requirements contained in the
Commission’s rules at 47 CFR Sections
25.115, 25.134, 25.218 and 25.220.
Under 5 CFR 1320, an agency may not
conduct or sponsor a collection of
information unless it displays a current,
valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a valid OMB Control Number.
The OMB Control Number is 3060–
0678 and the total annual reporting
burdens and costs for respondents are as
follows:
OMB Control Numbers: 3060–0678.
OMB Approval Date: February 27,
2009.
Expiration Date: February 29, 2012.
Title: Part 25 of the Commission’s
Rules Governing the Licensing of, and
Spectrum Usage by, Satellite Network
Stations and Space Stations.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Form Number: FCC Forms 312 and
Schedule S.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other for
profit entities.
Number of Respondents/Responses:
4,112 respondents; 4,112 responses.
Estimated Hours per Response: 0.25–
24 hours per response.
Frequency of Response: On occasion
and annual reporting requirements;
Third party disclosure requirement.
Total Annual Burden: 42,579 hours.
Total Annual Cost: $784,766,976.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Sections 4(i), 7(a),
303(c), 303(f), 303(g), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. Sections 154(i),
157(a), 303(c), 303(f), 303(g), and 303(r).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Act Assessment: No impact(s).
Needs and Uses: On October 17, 2008,
the Federal Communications
Commission (‘‘Commission’’) released
an Eighth Report and Order and Order
on Reconsideration titled, ‘‘In the Matter
of 2000 Biennial Regulatory Review—
Streamlining and Other Revisions of
Part 25 of the Commission’s Rules
Governing the Licensing of, and
Spectrum Usage by, Satellite Network
Earth Stations and Space Stations;
Streamlining the Commission’s Rules
and Regulations for Satellite
Applications and Licensing Procedures’’
(FCC 08–246), IB Docket No. 00–248. In
the Eighth Report and Order, the
Commission further streamlined the
Commission’s non-routine earth station
processing rules by adopting a new
earth station procedure that will enable
the Commission to treat more
applications routinely than is possible
under the current earth station
procedures. This rulemaking facilitates
the provision of broadband Internet
access services.
E:\FR\FM\09MRR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 44 (Monday, March 9, 2009)]
[Rules and Regulations]
[Pages 9958-9962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4794]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[R08-WY-2008-0001; FRL-8770-2]
New Source Performance Standards; Supplemental Delegation of
Authority to the State of Wyoming
AGENCY: Environmental Protection Agency (EPA).
ACTION: Delegation of authority; technical amendment.
-----------------------------------------------------------------------
SUMMARY: The Wyoming Department of Environmental Quality submitted a
request for an updated delegation of authority to implement and enforce
the Federal New Source Performance Standards, including one new
standard not previously delegated. EPA's review of Wyoming's updated
regulations determined that they contain adequate and effective
procedures for the implementation and enforcement of these Federal
standards. This action informs the public of the updated delegation to
Wyoming.
EPA is also making a technical amendment to update the list of
subparts delegated to Wyoming.
DATES: This technical amendment is effective on March 9, 2009. The
delegation of authority to Wyoming became effective on November 26,
2008.
ADDRESSES: Copies of documents relevant to this action are available
for public inspection at the Environmental Protection Agency (EPA),
Region 8, Air Program, 1595 Wynkoop Street, Denver, Colorado 80202-
1129. EPA requests that if at all possible, you contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section to view the hard
copy of the materials. You may view the hard copy of the materials
Monday through Friday, 8 a.m. to 4 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Amy Platt, EPA Region 8, at (303) 312-
6449, or Platt.Amy@epa.gov.
SUPPLEMENTARY INFORMATION: For the purpose of this document, we are
giving meaning to certain words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
[[Page 9959]]
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The words State or WY mean the State of Wyoming, unless the
context indicates otherwise.
(iv) The initials WDEQ mean the Wyoming Department of Environmental
Quality.
(v) The initials NSPS mean the Federal New Source Performance
Standards, as codified in 40 CFR part 60.
I. Delegation of Authority
Sections 110, 111(c)(1), and 301 of the Clean Air Act (CAA), as
amended, authorize EPA to delegate authority to any state agency which
submits adequate regulatory procedures for implementation and
enforcement of the New Source Performance Standards (NSPS). The NSPS
are codified in 40 CFR part 60. Delegation confers primary
responsibility for implementation and enforcement of the listed NSPS to
the respective state agency; however, EPA also retains the concurrent
authority to enforce the standards.
With a June 13, 2008 letter, the Director of the Wyoming Department
of Environmental Quality (WDEQ) requested delegation of authority for
revisions to the New Source Performance Standards (NSPS), promulgated
in Chapter 5, National Emission Standards, Section 2, New source
performance standards, of the Wyoming Air Quality Standards and
Regulations. For the most part, the revisions simply update the date
for incorporation by reference of the Federal NSPS to those promulgated
in 40 CFR part 60 as published on July 1, 2006. EPA's review of the
pertinent regulations determined that they contain adequate and
effective procedures for the implementation and enforcement of these
Federal standards. Therefore, on November 26, 2008, delegation was
given to Wyoming with the following letter:
Ref: 8P-AR
John V. Corra, Director, Wyoming Department of Environmental
Quality, 122 West 25th Street, Cheyenne, WY 82002.
Re: Delegation of Clean Air Act New Source Performance Standards
Dear Mr. Corra: With your June 13, 2008 letter, the State of
Wyoming submitted revisions to its Air Quality Standards and
Regulations and requested, among other things, direct delegation to
implement and enforce the Federal New Source Performance Standards
(NSPS). Specifically, Wyoming Air Quality Standards and Regulations,
Chapter 5, National Emission Standards, Section 2, New source
performance standards, was revised, and a new Section 4,
Incorporation by reference, was created to update the citation for
the incorporated Federal NSPS in 40 CFR Part 60 as published on July
1, 2006, and to make minor administrative revisions.
Subsequent to States adopting NSPS regulations, EPA delegates
the authority for the implementation and enforcement of those NSPS,
so long as the States' regulations are equivalent to the Federal
regulations. EPA reviewed the pertinent statutes and regulations of
the State of Wyoming and determined that they provide an adequate
and effective procedure for the implementation and enforcement of
the NSPS by the State. Therefore, pursuant to Section 111(c) of the
Clean Air Act (Act), as amended, and 40 CFR Part 60, EPA hereby
delegates its authority for the implementation and enforcement of
the NSPS to the State of Wyoming as follows:
(A) Responsibility for all sources located, or to be located, in
the State of Wyoming subject to the standards of performance for new
stationary sources promulgated in 40 CFR Part 60. The categories of
new stationary sources covered by this delegation are all NSPS
subparts in 40 CFR Part 60, as published on July 1, 2006. Note this
delegation does not include the emission guidelines in subparts Cb,
Cc, Cd, Ce, BBBB, DDDD, FFFF, and HHHH. These subparts require state
plans, which are approved under a separate process pursuant to
Section 111(d) of the Act.
(B) Not all authorities of NSPS can be delegated to States under
Section 111(c) of the Act, as amended. The EPA Administrator retains
authority to implement those sections of the NSPS that require: (1)
Approving equivalency determinations and alternative test methods,
(2) decision-making to ensure national consistency, and (3) EPA
rulemaking in order to implement. Enclosed with this letter is a
list of examples of sections in 40 CFR Part 60 related to the NSPS
being delegated in this letter that cannot be delegated to the State
of Wyoming. Please note that the enclosed list has been updated
since our November 9, 2006 delegation of authority to implement and
enforce the NSPS to the State of Wyoming.
(C) The Wyoming Department of Environmental Quality (WDEQ) and
EPA will continue a system of communication sufficient to guarantee
that each office is always kept informed and current regarding
compliance status of the subject sources and interpretation of the
regulations.
(D) Enforcement of the NSPS in the State will be the primary
responsibility of the WDEQ. If the WDEQ determines that such
enforcement is not feasible and so notifies EPA, or where the WDEQ
acts in a manner inconsistent with the terms of this delegation, EPA
may exercise its concurrent enforcement authority pursuant to
section 113 of the Act, as amended, with respect to sources within
the State of Wyoming subject to NSPS.
(E) The State of Wyoming will at no time grant a variance or
waiver from compliance with NSPS regulations. Should WYDEQ grant
such a variance or waiver, EPA will consider the source receiving
such relief to be in violation of the applicable Federal regulation
and initiate enforcement action against the source pursuant to
section 113 of the Act. The granting of such relief by the WYDEQ
shall also constitute grounds for revocation of the delegation by
EPA.
(F) If at any time there is a conflict between a State
regulation and a Federal regulation (40 CFR Part 60), the Federal
regulation must be applied if it is more stringent than that of the
State. If the State does not have the authority to enforce the more
stringent Federal regulation, this portion of the delegation may be
revoked.
(G) If the Regional Administrator determines that a State
procedure for enforcing or implementing the NSPS is inadequate, or
is not being effectively carried out, this delegation may be revoked
in whole or part. Any such revocation shall be effective as of the
date specified in a Notice of Revocation to the WDEQ.
(H) Acceptance of this delegation of presently promulgated NSPS
does not commit the State of Wyoming to accept delegation of future
standards and requirements. A new request for delegation will be
required for any standards not included in the State's June 13, 2008
letter.
(I) Upon approval of the Regional Administrator of EPA Region 8,
the Director of WDEQ may sub-delegate his authority to implement and
enforce the NSPS to local air pollution control authorities in the
State when such authorities have demonstrated that they have
equivalent or more stringent programs in force.
(J) The State of Wyoming must require reporting of all excess
emissions from any NSPS source in accordance with 40 CFR Part
60.7(c).
(K) Performance tests shall be scheduled and conducted in
accordance with the procedures set forth in 40 CFR Part 60 unless
alternate methods or procedures are approved by the EPA
Administrator. Although the Administrator retains the exclusive
right to approve equivalent and alternate test methods as specified
in 40 CFR Part 60.8(b)(2) and (3), the State may approve minor
changes in methodology provided these changes are reported to EPA
Region 8. The Administrator also retains the right to change the
opacity standard as specified in 40 CFR Part 60.11(e).
(L) Determinations of applicability, such as those specified in
40 CFR Part 60.5 and review of plans, as provided for in 40 CFR Part
60.6, shall be consistent with those determinations already made and
reviews conducted by the EPA.
(M) Alternatives to continuous monitoring procedures or
reporting requirements, as outlined in 40 CFR Part 60.13(i), may be
approved by the State only if the specific NSPS grants that
authority. Otherwise, EPA retains the authority to review and
approve such alternatives.
(N) If a source proposes to modify its operation or facility
which may cause the source to be subject to NSPS requirements, the
State shall notify EPA Region 8 and obtain a determination on the
applicability of the NSPS regulations.
(O) Information shall be made available to the public in
accordance with 40 CFR Part 60.9. Any records, reports, or
information provided to, or otherwise obtained by, the
[[Page 9960]]
State in accordance with the provisions of these regulations shall
be made available to the designated representatives of EPA upon
request.
(P) All reports required pursuant to the delegated NSPS should
not be submitted to the EPA Region 8 office, but rather to the WDEQ.
(Q) As 40 CFR Part 60 is updated, Wyoming should revise its
regulations accordingly and in a timely manner and submit to EPA
requests for updates to its delegation of authority.
EPA is approving Wyoming's request for NSPS delegation for all
areas within the State except for the following: Lands within the
exterior boundaries of the Wind River Indian Reservation; any lands
held in trust by the United States for an Indian tribe; and any
other areas which are ``Indian Country'' as defined in 18 U.S.C.
1151.
Since this delegation is effective immediately, there is no need
for the State to notify the EPA of its acceptance. Unless we receive
written notice of objections from you within ten days of the date on
which you receive this letter, the State of Wyoming will be deemed
to accept all the terms of this delegation. To inform the public of
this delegation, EPA will publish an information notice in the
Federal Register in which this letter will appear in its entirety.
EPA would like to take this opportunity to advise the State of
Wyoming regarding some inconsistencies between its NSPS program and
the Federal regulations. Although these inconsistencies have not
been problematic from a practical standpoint, it would be best to
clarify the language for future purposes to avoid any
misinterpretations. Specifically, the State of Wyoming should revise
the applicability provision (Chapter 5, Section 2(d)) and the
definition of ``existing facility'' (Chapter 5, Section 2(e)(i)) so
that the language is consistent with the language in the Federal
requirements. The Federal regulations state that an ``affected
facility'' and ``existing facility'' are determined based on the
time a standard is proposed rather than the standard's effective
date (see 40 CFR 60.1(a), 60.2). The State should modify the current
Wyoming applicability section, which refers to ``construction or
modification of which is commenced after the effective date'' to be
consistent with the Federal applicability wording, which refers to
``the construction or modification of which is commenced after * * *
the date of publication of any proposed standard applicable to that
facility.'' Further, the current Wyoming definition of ``existing
facility,'' which refers to ``construction or modification of which
commenced before the effective date,'' should be revised to mirror
the Federal definition, which refers to ``construction or
modification of which commenced before the proposed date.'' EPA
requests that the State of Wyoming provide confirmation that it
intends to make these modifications in an upcoming rulemaking.
If you have any questions on this matter, please contact me at
(303) 312-6241 or Callie Videtich, Director of our Air Program, at
(303) 312-6434, or toll-free at 1-800-227-8917.
Sincerely,
Stephen S. Tuber
Assistant Regional Administrator,
Office of Partnerships and Regulatory Assistance.
Enclosure
cc: Christine Anderson, WY Air Quality Division
Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective
Through July 1, 2006, to the State of Wyoming
Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
------------------------------------------------------------------------
40 CFR subparts Section(s)
------------------------------------------------------------------------
A...................... 60.8(b)(2) and (b)(3), and those sections
throughout the standards that reference
60.8(b)(2) and (b)(3); 60.11(b) and (e); and
60.13(i).
Da..................... 60.47Da.
Db..................... 60.44b(f), 60.44b(g) and 60.49b(a)(4).
Dc..................... 60.48c(a)(4).
Ec..................... 60.56c(i), 60.8.
J...................... 60.105(a)(13)(iii) and 60.106(i)(12).
Ka..................... 60.114a.
Kb..................... 60.111b(f)(4), 60.114b, 60.116b(e)(3)(iii),
60.116b(e)(3)(iv), and 60.116b(f)(2)(iii).
O...................... 60.153(e).
DD..................... 60.302(d)(3).
GG..................... 60.332(a)(4) and 60.335(b)(10)(ii).
VV..................... 60.482-1(c)(2) and 60.484.
WW..................... 60.493(b)(2)(i)(A) and 60.496(a)(1).
XX..................... 60.502(e)(6).
AAA.................... 60.531, 60.533, 60.534, 60.535, 60.536(i)(2),
60.537, 60.538(e), and 60.539.
BBB.................... 60.543(c)(2)(ii)(B).
DDD.................... 60.562-2(c).
GGG.................... 60.592(c).
III.................... 60.613(e).
JJJ.................... 60.623.
KKK.................... 60.634.
NNN.................... 60.663(f).
QQQ.................... 60.694.
RRR.................... 60.703(e).
SSS.................... 60.711(a)(16), 60.713(b)(1)(i) and (ii),
60.713(b)(5)(i), 60.713(d), 60.715(a) and
60.716.
TTT.................... 60.723(b)(1), 60.723(b)(2)(i)(C),
60.723(b)(2)(iv), 60.724(e) and 60.725(b).
VVV.................... 60.743(a)(3)(v)(A) and (B), 60.743(e),
60.745(a) and 60.746.
WWW.................... 60.754(a)(5).
CCCC................... 60.2030(c)(1) through (7).
EEEE................... 60.2889(b)(1) through (6).
------------------------------------------------------------------------
II. Region 8 States Delegation Status
In 40 CFR 60.4, we publish a table for Region 8 states that
identifies the NSPS subparts for which EPA has delegated authority to
implement and enforce to each state. In this document, we update that
table to reflect the NSPS subparts delegated to Wyoming.
III. Summary of This Action
This action informs the public of an update to the delegation of
authority to the State of Wyoming to implement and enforce the Federal
New Source Performance Standards as published in 40 CFR part 60 on July
1, 2006. The letter granting delegation to the State of Wyoming is
effective November 26, 2008. The letter specified that the
[[Page 9961]]
delegation was effective immediately as of the signature date of the
letter and that if the State did not agree to the terms of the
delegation, they could submit a written Notice of Objection within 10
days of the receipt of the letter, and EPA would withdraw delegation.
Wyoming submitted no such Notice of Objection.
IV. Statutory and Executive Order Review
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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, 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 approves a state rule
implementing a Federal standard.
In addition, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
The Congressional Review Act, 5 U.S.C. 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 May 8, 2009. 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 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Aluminum, Ammonium sulfate plants, Batteries,
Beverages, Carbon monoxide, Cement industry, Chemicals, Coal, Copper,
Dry cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline,
Glass and glass products, Grains, Graphic arts industry, Heaters,
Household appliances, Insulation, Intergovernmental relations, Iron,
Labeling, Lead, Lime, Metallic and nonmetallic mineral processing
plants, Metals, Motor vehicles, Natural gas, Nitric acid plants,
Nitrogen dioxide, Paper and paper products industry, Particulate
matter, Paving and roofing materials, Petroleum, Phosphate, Plastics
materials and synthetics, Polymers, Reporting and recordkeeping
requirements, Sewage disposal, Steel, Sulfur oxides, Sulfuric acid
plants, Tires, Urethane, Vinyl, Volatile organic compounds, Waste
treatment and disposal, Zinc. .
Dated: February 24, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
0
40 CFR part 60 is amended to read as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
2. In Sec. 60.4, amend the table in paragraph (c) by revising the
entry for subpart ``Dc,'' and by adding an entry for subpart ``EEEE''
in alphabetical order to read as follows:
Sec. 60.4 Address.
* * * * *
(c) * * *
Delegation Status of New Source Performance Standards
[(NSPS) for Region VIII]
----------------------------------------------------------------------------------------------------------------
Subpart CO MT ND SD UT WY
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Dc--Industrial-Commercial-Institutional Steam Generators........ (*) (*) (*) (*) (*) (*)
[[Page 9962]]
* * * * * * *
EEEE--Other Solid Waste Incineration Units for Which ...... ...... ...... ...... ...... (*)
Construction is Commenced After December 9, 2004, or for Which
Modification or Reconstruction is Commenced On or After June
16, 2006.......................................................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(*) Indicates approval of State regulation.
* * * * *
[FR Doc. E9-4794 Filed 3-6-09; 8:45 am]
BILLING CODE 6560-50-P
