Delegation of Authority to the State of Idaho To Implement or Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards, 57405-57408 [2024-15395]
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Federal Register / Vol. 89, No. 135 / Monday, July 15, 2024 / Notices
III. What is the Agency’s authority for
taking these actions?
FIFRA section 6(f)(1) (7 U.S.C.
136d(f)(1)) provides that a registrant of
a pesticide product may at any time
request that any of its pesticide
registrations be cancelled or cancel
registered uses for a pesticide. FIFRA
further provides that, before acting on
the request, EPA must publish a notice
of receipt of any such request in the
Federal Register and provide a 30-day
public comment period on the request
for voluntary cancellation or use
termination. 7 U.S.C. 136d(f)(1)(B). In
addition, FIFRA section 6(f)(1)(C) (7
U.S.C. 136d(f)(1)(C)) requires that EPA
provide a 180-day comment period on a
request for voluntary cancellation or
termination of any minor agricultural
use before granting the request, unless:
1. The registrant requests a waiver of
the comment period, or
2. The EPA Administrator determines
that continued use of the pesticide
would pose an unreasonable adverse
effect on the environment.
The registrants listed in table 3 of unit
II. have requested that EPA waive the
180-day comment period. Accordingly,
EPA is providing a 30-day comment
period on the requests.
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IV. Procedures for Withdrawal of
Request
Registrants who choose to withdraw a
request for cancellation should submit
such withdrawal in writing to the
person listed under FOR FURTHER
INFORMATION CONTACT. If the products
have been subject to a previous
cancellation action, the effective date of
cancellation and all other provisions of
any earlier cancellation action are
controlling.
V. Provisions for Disposition of Existing
Stocks
Existing stocks are those stocks of
registered pesticide products that are
currently in the United States and that
were packaged, labeled, and released for
shipment prior to the effective date of
the cancellation action.
If the requests for voluntary
cancellation and amendments to
terminate uses are granted, the Agency
intends to publish a final cancellation
order in the Federal Register. In any
order issued in response to these
requests for cancellation of product
registrations and for amendments to
terminate uses, EPA proposes to include
the following provisions for the
treatment of any existing stocks of the
products listed in tables 1 and 2 of unit
II:
• Sale and distribution of existing
stocks of Drexel CHLOR-PY-REX
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Chlorpyrifos Insecticide (EPA Reg. No.
19713–527), Drexel Chlorpyrifos
Technical (EPA Reg. No. 19713–573)
and Drexel Chlorpyrifos 99% Technical
(EPA Reg. No. 19713–575) will not be
permitted after the final cancellation
order is issued.
• Sale and distribution of existing
stocks for the following products will be
permitted until April 30, 2025:
—Drexel Chlorpyrifos 15G (EPA Reg.
No. 19713–505).
—Drexel Chlorpyrifos 4E–AG (EPA Reg.
No. 19713–520).
—Drexel Chlorpyrifos 15GR (EPA Reg.
No. 19713–521).
—Drexel Chlorpyrifos 4E–AG2 (EPA
Reg. No. 19713–599).
—Drexel Lambda Fos Insecticide (EPA
Reg. No. 19713–671).
—Warhawk (EPA Reg. No. 34704–857).
—Warhawk Clear form (EPA Reg. No.
34704–1077); and
—Match-Up Insecticide (EPA Reg. No.
34704–1086).
• Use of existing stocks of the
following products on food, food
processing sites, and food
manufacturing sites must be consistent
with the product labeling and will be
permitted until June 30, 2025:
—Drexel Chlorpyrifos 15G (EPA Reg.
No. 19713–505).
—Drexel Chlorpyrifos 4E–AG (EPA Reg.
No. 19713–520).
—Drexel Chlorpyrifos 15GR (EPA Reg.
No. 19713–521).
—Drexel Chlorpyrifos 4E–AG2 (EPA
Reg. No. 19713–599).
—Drexel Lambda Fos Insecticide (EPA
Reg. No. 19713–671).
—Warhawk (EPA Reg. No. 34704–857).
—Warhawk Clear form (EPA Reg. No.
34704–1077); and
—Match-Up Insecticide (EPA Reg. No.
34704–1086).
• Use of existing stocks of these
products for non-food purposes will be
permitted until existing stocks are
exhausted, as long as such use is in
accordance with the labeling.
• Use of existing stocks of Drexel
Chlorpyrifos Concentrate (EPA Reg. No.
19713–518), will be permitted until
existing stocks are exhausted, as long as
such use is in accordance with the
labeling as this product is not registered
for any food uses.
After the dates identified in the final
cancellation order, sale and distribution
of existing stocks will be prohibited,
except for export consistent with FIFRA
section 17 (7 U.S.C. 136o), or for proper
disposal.
Authority: 7 U.S.C. 136 et seq.
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57405
Dated: July 9, 2024.
Jean Anne Overstreet,
Director, Pesticide Re-Evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2024–15451 Filed 7–12–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R10–OAR–2024–0254; FRL–11982–
01–R10]
Delegation of Authority to the State of
Idaho To Implement or Enforce
Additional or Revised National
Emission Standards for Hazardous Air
Pollutants and New Source
Performance Standards
Environmental Protection
Agency (EPA).
ACTION: Notice of delegation of
authority.
AGENCY:
On May 10, 2023, the
Environmental Protection Agency (EPA)
sent the State of Idaho (Idaho) two
letters acknowledging that Idaho’s
delegation of authority to implement
and enforce the National Emissions
Standards for Hazardous Air Pollutants
(NESHAP) and New Source
Performance Standards (NSPS) had been
updated. To inform regulated facilities
and the public, the EPA is, through this
notice, making available a copy of the
EPA’s letters to Idaho.
DATES: On May 10, 2023, the EPA sent
Idaho two letters acknowledging that
Idaho’s delegation of authority to
implement and enforce certain Federal
NSPS and NESHAP had been updated.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2024–0254. All
documents, including the letters with
enclosures sent to Idaho, in the docket
are listed on the https://
www.regulations.gov website or are
available for public inspection during
normal business hours at the Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA
98101–3144. Copies of Idaho’s submittal
are also available at the Idaho
Department of Environmental Quality,
1410 N Hilton Street, Boise, ID 83706.
FOR FURTHER INFORMATION CONTACT:
Bryan Holtrop, Air and Radiation
Division, U.S. EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA
98101, (206) 553–4473 or
holtrop.bryan@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Delegation of NESHAP
Section 112(l) of the Clean Air Act
(CAA) provides for the regulation of
hazardous air pollutants through the
promulgation of NESHAP. Those
NESHAP promulgated prior to the CAA
Amendments of 1990 are found in 40
Code of Federal Regulations (CFR) part
61. Those NESHAP promulgated
subsequent to the CAA Amendments of
1990 are found in 40 CFR part 63. 40
CFR part 63 subpart E contains the
criteria and procedures for ‘‘straight
delegation’’ (delegation of unchanged
standards) of NESHAP. See 40 CFR
63.91.
On April 20, 2023, Idaho notified the
EPA that the State had updated its
incorporation by reference of Federal
NSPS and NESHAP to include many
such standards, as they were published
in final form in the CFR dated July 1,
2022. On May 10, 2023, the EPA sent
Idaho a letter acknowledging that Idaho
now has the authority to implement and
enforce the NESHAP as specified by
Idaho in its notice to the EPA, as
provided for under previously approved
delegation mechanisms. All
notifications, applications, reports, and
other correspondence required pursuant
to the delegated NESHAP must be
submitted to both the EPA Region 10
and to the Idaho Department of
Environmental Quality, unless the
delegated standard specifically provides
that such submittals may be sent to the
EPA or a delegated State. In such cases,
the submittals should be sent only to the
Idaho Department of Environmental
Quality. A copy of the EPA’s letter to
Idaho follows:
Ms. Tiffany Floyd
Air Quality Division Administrator
Idaho Department of Environmental Quality
1410 North Hilton
Boise, Idaho 83706
Re: Approval of the Idaho Department of
Environmental Quality’s Request for
Updated Delegation of Authority for
National Emissions Standards for
Hazardous Air Pollutants
Dear Ms. Floyd:
This letter is in response to your April 20,
2023, request to update and continue the
delegation of certain National Emission
Standards for Hazardous Air Pollutants.
Consistent with the approved mechanism for
streamlined delegation as described in 67 FR
3106 (January 23, 2002), the U.S.
Environmental Protection Agency hereby
grants this updated delegation request, as
described below, to the Idaho Department of
Environmental Quality for those sources
under your jurisdiction for the identified
NESHAP in effect on July 1, 2022.
Delegation Request
You have requested to update delegation of
the 40 CFR parts 61 and 63 NESHAP
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standards that were previously delegated to
IDEQ and to obtain delegation of new
standards that the EPA has promulgated
since your last delegation.
1. Your request for delegation of 40 CFR
part 61, subpart M was limited to sources
required to obtain permits under title V of the
Clean Air Act.
2. Your request for delegation excluded
subparts under 40 CFR part 61 regulating
radon or radionuclides, specifically: subparts
B, H, I, K, Q, R, T, and W.
3. Your request for delegation of all
subparts of 40 CFR part 63 except N, AAAA,
ZZZZ, BBBBBB, HHHHHH, JJJJJJ,
WWWWWW, XXXXXX, and DDDDDDD, was
limited to sources required to obtain permits
under title V of the Clean Air Act.
IDEQ demonstrated that on March 28,
2023, IDEQ adopted the identified provisions
of 40 CFR parts 61 and 63 unchanged and as
in effect on July 1, 2022, into IDEQ’s
regulations in IDAPA 58.01.01.107.03(g) and
(i).
Delegation of Authority
The EPA has determined that IDEQ’s
regulations continue to provide adequate and
effective procedures for implementing and
enforcing the NESHAP. Accordingly, the EPA
hereby approves your request for an updated
delegation of authority to implement and
enforce the NESHAP standards identified in
Enclosures A and B, subject to the following
terms and conditions:
1. As requested by IDEQ:
a. The delegation of 40 CFR part 61,
subpart M and all subparts of 40 CFR part 63
except N, AAAA, ZZZZ, BBBBBB, HHHHHH,
JJJJJJ, WWWWWW, XXXXXX, and
DDDDDDD is limited to implementation and
enforcement of the NESHAP as of July 1,
2022, and is limited to sources that are
required to obtain a permit under Idaho’s
title V program, regardless of whether a
permit has yet been issued.
b. The delegation of all other requested
NESHAP is limited to implementation and
enforcement of the NESHAP as of July 1,
2022.
2. The EPA is not delegating the following
provisions under 40 CFR part 63 to IDEQ:
a. Subpart B, which implements sections
112(g) and 112(j) of the Clean Air Act. The
EPA has previously stated that a part 70
permitting authority does not need to apply
for approval in order to use its own program
to implement section 112(g). Furthermore,
section 112(j) is designed to use the title V
permit process as the primary vehicle for
establishing requirements. Therefore,
delegation is not required to implement
sections 112(g) and 112(j) and 40 CFR
subpart B. See 59 FR 26429, 26447 (May 20,
1994) and 61 FR 68384, 68397 (December 27,
1996).
b. Subpart C, which lists hazardous air
pollutants that have been deleted or refined.
This subpart grants no authority that is
necessary to implement or enforce the
program and is therefore not delegable.
c. Subpart D, which implements section
112(d) of the Clean Air Act. Because this
subpart explicitly states that it applies to a
state or local agency acting pursuant to a
permit program approved under title V of the
Clean Air Act, delegation is unnecessary.
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d. Subpart E, which establishes procedures
for the EPA approval of state rules, programs,
or other requirements to implement and
enforce section 112 Federal rules and is not
delegable.
3. The EPA is not delegating the provisions
of the Consolidated Air Rule under 40 CFR
part 65. As proposed on October 28, 1998 (63
FR 57748, 57784–57786) and promulgated on
December 14, 2000, (65 FR 78268, 78272), the
CAR comprises alternative compliance
approaches to referencing subparts in 40 CFR
parts 60 and 63. Therefore, formal delegation
of the CAR is not required provided the state
has received formal delegation of the
referencing subpart.
4. Note that certain authorities are
automatically granted to you because you
have an approved part 70 program (see for
example, 40 CFR 63.6(i)(1)). See 66 FR 48211,
48213 (September 19, 2001). However, you
must have authority to implement and
enforce the particular standard against the
source as a matter of state law in order to
implement this authority as a matter of
Federal law.
5. The EPA is delegating the identified
Federal standards as in effect on July 1, 2022.
New NESHAP or NESHAP that are revised
substantively after that date are not delegated
to your agency; these remain the
responsibility of the EPA.
a. Acceptance of this delegation does not
commit your agency to request or accept
delegation of future NESHAP standards and
requirements.
b. The EPA encourages your agency to
update your NESHAP delegation on an
annual basis. This could coincide with the
updating of the adoption by reference of the
Federal NESHAP standards, which is
important for maintaining the EPA’s approval
of your part 70 permitting program.
6. The EPA is not delegating authorities
under 40 CFR parts 61 and 63 that
specifically indicate they cannot be
delegated, that require rulemaking to
implement, that affect the stringency of the
standard, equivalency determinations, or
where national oversight is the only way to
ensure national consistency.
7. The EPA is not delegating standards that
have been vacated as a matter of Federal law.
8. This delegation is subject to the terms
and conditions of the EPA’s previous
NESHAP delegations to IDEQ, 61 FR 64622
(December 6, 1996) and 67 FR 3106 (January
23, 2002), as updated by this letter.
9. Implementation and enforcement of the
delegated NESHAP are subject to the CAA
105 Air Base Grant Agreement Workplan
agreement between the state of Idaho and the
EPA and its successor documents. The
Agreement defines roles and responsibilities,
including timely and appropriate
enforcement response and the maintenance
of the Integrated Compliance Information
System for Air via the Exchange Network.
10. Enforcement of these delegated
NESHAP in your jurisdiction will be the
primary responsibility of your agency.
Nevertheless, the EPA may exercise its
concurrent enforcement authority pursuant
to sections 112(l)(7) and 113 of the Clean Air
Act and 40 CFR 63.90(d)(2) with respect to
sources that are subject to the NESHAP.
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11. Your agency and the EPA should
communicate sufficiently to ensure that each
is fully informed and current regarding
interpretation of regulations (including any
unique questions about applicability) and the
compliance status of subject sources in your
jurisdiction.
a. Any records or reports provided to or
otherwise obtained by your agency should be
made available to the EPA upon request.
b. In accordance with 40 CFR 61.16 and
63.15, the availability to the public of
information provided to or otherwise
obtained by the EPA in connection with this
delegation shall be governed by 40 CFR part
2.
12. Your agency will be the recipient of all
notifications and reports and be the point of
contact for questions and compliance issues
for these delegated NESHAP. The EPA may
request notifications and reports from
owners/operators and/or your agency, if
needed.
13. Your agency will work with owners
and operators of affected facilities subject to
a NESHAP subpart to ensure all required
information is submitted to your agency.
Your assistance is requested to ensure that
this information, including excess emission
reports and summaries, is submitted to the
EPA upon request, if needed.
14. Your agency will require affected
facilities to use the methods specified in 40
CFR parts 61 and 63, as applicable, in
performing source tests pursuant to the
regulations. See 40 CFR 61.7 and 63.7.
15. Changes and alternatives:
a. For part 61 standards, your agency is not
delegated the authorities under 40 CFR
61.04(b), 61.04(c), 61.05(c), 61.11, 61.12(d),
61.13(h)(1)(ii), 61.14(d), 61.14(g)(1)(ii), and
61.16. Such authorities and approvals remain
the responsibility of the EPA.
b. For part 63 standards, your agency is not
delegated the Category II authorities in 40
CFR 63.91(g)(2)(ii). Such authorities and
approvals remain the responsibility of the
EPA.
c. Your agency must maintain a record of
all approved alternatives to monitoring,
testing, and recordkeeping/reporting
requirements and provide this list of
alternatives to the EPA semi-annually or
more frequently if requested by the EPA. The
EPA may audit any approved alternatives
and disapprove any that it determines are
inappropriate, after discussion with your
agency. If changes are disapproved, your
agency must notify the owner/operator that it
must revert to the original applicable
monitoring, testing, recordkeeping, and/or
reporting requirements. Also, in cases where
the owner/operator does not maintain the
conditions which prompted the approval of
the alternatives to the monitoring, testing,
recordkeeping, and/or reporting
requirements, your agency must require the
source to revert to the original monitoring,
testing, recordkeeping, and reporting
requirements, or more stringent
requirements, if justified.
16. Your agency’s authority to implement
and enforce NESHAP under this delegation
does not extend to sources or activities
located in Indian Country, as defined in 18
U.S.C. 1151. Consistent with previous
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Federal program approvals or delegations,
the EPA will continue to implement the
NESHAP in Indian Country because your
agency has not demonstrated that it has
authority over sources and activities located
within the exterior boundaries of Indian
reservations and in other areas of Indian
Country.
17. The EPA Administrator delegated to
the EPA, Region 10 the authority to delegate
the NESHAP to any state or local agency. A
state or local agency that receives delegation
from the EPA, Region 10 does not have the
federally recognized authority to further
delegate the NESHAP.
18. 40 CFR 63.96(b) contains the applicable
procedures governing withdrawal of this
delegation by the EPA or from this delegation
by IDEQ, as applicable.
Unless we receive negative comments from
you within ten days, this delegation is final
and will be effective ten days from the date
of this letter. Otherwise, no further
correspondence to the EPA is needed from
IDEQ to make this delegation effective. We
will periodically publish a notice in the
Federal Register informing the public of
IDEQ’s updated delegation. If you have any
questions, please contact Geoffrey Glass of
my staff at (206) 553–1847 or glass.geoffrey@
epa.gov.
Sincerely,
Krishna Viswanathan, Director
Air and Radiation Division
II. Delegation of NSPS
Section 111(b) of the CAA requires
the EPA to establish standards of
performance for new stationary sources
of air pollution through the
promulgation of NSPS. These NSPS are
found in 40 CFR part 60. According to
section 111(c) of the CAA and 40 CFR
60.4(b), States may submit plans for
approval by the Administrator to
implement and enforce NSPS. Neither
section 111 of the CAA nor 40 CFR part
60, however, prescribe a mechanism for
such a delegation of authority.
On April 20, 2023, Idaho notified the
EPA that the State had updated its
incorporation by reference of Federal
NSPS to include many such standards,
as they were published in final form in
the Code of Federal Regulations (CFR)
dated July 1, 2022. On May 10, 2023, the
EPA sent Idaho a letter acknowledging
that Idaho now has the authority to
implement and enforce the NSPS as
specified by Idaho in its notice to the
EPA, as provided for under previously
approved delegation mechanisms. All
notifications, applications, reports, and
other correspondence required pursuant
to the delegated NSPS must be
submitted to both the EPA Region 10
and to the Idaho Department of
Environmental Quality, unless the
delegated standard specifically provides
that such submittals may be sent to the
EPA or a delegated State. In such cases,
the submittals should be sent only to the
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57407
Idaho Department of Environmental
Quality. A copy of the EPA’s letter to
Idaho follows:
Ms. Tiffany Floyd
Air Quality Division Administrator
Idaho Department of Environmental Quality
1410 North Hilton
Boise, Idaho 83706
Re: Approval of the Idaho Department of
Environmental Quality’s Request for
Updated Delegation of Authority for New
Source Performance Standards
Dear Ms. Floyd:
This letter is in response to your April 20,
2023, request to update and continue the
delegation of authority to implement and
enforce certain New Source Performance
Standards, 40 CFR part 60. After review of
your request, the U.S. Environmental
Protection Agency hereby grants this updated
delegation request, as described below, to the
Idaho Department of Environmental Quality
for those sources under your jurisdiction for
the identified NSPS in effect on July 1, 2022.
Delegation Request
You have requested to update delegation of
the 40 CFR part 60 NSPS that were
previously delegated to IDEQ and to obtain
delegation of new standards that the EPA has
promulgated since your last delegation.
IDEQ demonstrated that on March 28,
2023, IDEQ adopted the identified provisions
of 40 CFR part 60 unchanged and as in effect
on July 1, 2022, into IDEQ’s regulations in
IDAPA 58.01.01.107.03(f).
Delegation of Authority
The EPA has determined that IDEQ’s
regulations continue to provide adequate and
effective procedures for implementing and
enforcing the NSPS. Accordingly, the EPA
hereby approves your request for an updated
delegation of authority to implement and
enforce the NSPS identified in Enclosure A,
subject to the following terms and
conditions:
1. As requested by IDEQ the delegation of
all requested NSPS is limited to
implementation and enforcement of the
NSPS as of July 1, 2022.
2. The EPA is not delegating the following
provisions under 40 CFR part 60 to IDEQ:
a. Subparts B and Ba, which apply to the
adoption and submittal of state plans and
actions taken to approve or disapprove such
plans by the Administrator of the EPA. These
subparts are not delegable.
b. Subpart C, which states that several
other subparts contain emission guidelines
and compliance times for the control of
certain designated pollutants in accordance
with section 111(d) and section 129 of the
Clean Air Act and subpart B of 40 CFR part
60. This subpart establishes no authority that
is necessary to implement or enforce the
program and is not delegable.
c. Subparts Cb, Cc, Cd, Ce, Cf, BBBB,
DDDD, FFFF, MMMM, and UUUUa. These
subparts specify the requirements for
approval of state plans for the control of
certain designated pollutants in accordance
with section 111(d) and section 129 of the
Clean Air Act and subpart B or Ba of 40 CFR
part 60.
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3. The EPA is not delegating the provisions
of the Consolidated Air Rule under 40 CFR
part 65. As proposed on October 28, 1998,
(63 FR 57748, 57784–57786) and
promulgated on December 14, 2000, (65 FR
78268, 78272), the CAR comprises alternative
compliance approaches to referencing
subparts in 40 CFR parts 60 and 63.
Therefore, formal delegation of the CAR is
not required provided the state has received
formal delegation of the referencing subpart.
4. The EPA is delegating the identified
Federal standards as in effect on July 1, 2022.
New NSPS or NSPS that are revised
substantively after that date are not delegated
to your agency; these remain the
responsibility of the EPA.
a. Acceptance of this delegation does not
commit your agency to request or accept
delegation of future NSPS standards and
requirements.
b. The EPA encourages your agency to
update your NSPS delegation on an annual
basis. This could coincide with the updating
of the adoption by reference of the Federal
NSPS standards, which is important for
maintaining the EPA’s approval of your part
70 permitting program.
5. The EPA is not delegating authorities
under 40 CFR part 60 that specifically
indicate they cannot be delegated, that
require rulemaking to implement, that affect
the stringency of the standard, equivalency
determinations, or where national oversight
is the only way to ensure national
consistency.
6. The EPA is not delegating standards that
have been vacated as a matter of Federal law.
7. Implementation and enforcement of the
delegated NSPS are subject to the CAA 105
Air Base Grant Agreement Work Plan
between the state of Idaho and the EPA and
its successor documents. The agreement
defines roles and responsibilities, including
timely and appropriate enforcement response
and the maintenance of the Integrated
Compliance Information System for Air via
the Exchange Network. Your agency will
ensure that all relevant source notification
and report information is entered as provided
in the agreement into the specified EPA
database system to meet your recordkeeping/
reporting requirements.
8. Enforcement of these delegated NSPS in
your jurisdiction will be the primary
responsibility of your agency. Nevertheless,
the EPA may exercise its concurrent
enforcement authority pursuant to sections
111(d)(2) and 113 of the Clean Air Act with
respect to sources that are subject to the
NSPS.
9. Your agency and the EPA should
communicate sufficiently to ensure that each
is fully informed and current regarding
interpretation of regulations (including any
unique questions about applicability) and the
compliance status of subject sources in your
jurisdiction.
a. Any records or reports provided to or
otherwise obtained by your agency should be
made available to the EPA upon request.
b. In accordance with 40 CFR 60.9, the
availability to the public of information
provided to or otherwise obtained by the EPA
in connection with this delegation shall be
governed by 40 CFR part 2.
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10. Your agency will be the recipient of all
notifications and reports and be the point of
contact for questions and compliance issues
for these delegated NSPS. The EPA may
request notifications and reports from
owners/operators and/or your agency, if
needed.
11. Your agency will work with owners
and operators of affected facilities subject to
an NSPS subpart to ensure all required
information is submitted to your agency.
Your assistance is requested to ensure that
this information, including excess emission
reports and summaries, is submitted to the
EPA upon request, if needed.
12. Your agency will require affected
facilities to use the methods specified in 40
CFR part 60, as applicable, in performing
source tests pursuant to the regulations. See
40 CFR 60.8.
13. Changes and alternatives:
a. Your agency is not delegated the
authorities under 40 CFR 60.4(b), 60.8(b)
(terms 2 and 3, to the extent that the change
represents an alternative or equivalent
method or a major change to testing as
defined in 40 CFR 63.90), 60.9, 60.11(b) (with
respect to alternative methods),
60.11(e)(7)&(8), 60.13(a), 60.13(d)(2), and
60.13(g). Such authorities and approvals
remain the responsibility of the EPA.
b. Your agency is not delegated the
authority to approve a major change to
monitoring under 40 CFR 60.13(i). A major
change to monitoring is defined in 40 CFR
63.90.
c. Your agency must maintain a record of
all approved alternatives to monitoring,
testing, and recordkeeping/reporting
requirements and provide this list of
alternatives to the EPA semi-annually or
more frequently if requested by the EPA. The
EPA may audit any approved alternatives
and disapprove any that it determines are
inappropriate, after discussion with your
agency. If changes are disapproved, your
agency must notify the owner/operator that it
must revert to the original applicable
monitoring, testing, recordkeeping, and/or
reporting requirements. Also, in cases where
the owner/operator does not maintain the
conditions which prompted the approval of
the alternatives to the monitoring, testing,
recordkeeping, and/or reporting
requirements, your agency must require the
owner/operator to revert to the original
monitoring, testing, recordkeeping, and
reporting requirements, or more stringent
requirements, if justified.
14. Your agency’s authority to implement
and enforce NSPS under this delegation does
not extend to sources or activities located in
Indian Country, as defined in 18 U.S.C. 1151.
Consistent with previous Federal program
approvals or delegations, the EPA will
continue to implement the NSPS in Indian
Country because your agency has not
demonstrated authority over sources and
activities located within the exterior
boundaries of Indian reservations and in
other areas of Indian Country.
15. The EPA Administrator delegated to
the EPA, Region 10 the authority to delegate
the NSPS to any state or local agency. A state
or local agency that receives delegation from
the EPA, Region 10 does not have the
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
federally recognized authority to further
delegate the NSPS.
16. If the EPA determines that your
agency’s procedures for implementing or
enforcing the NSPS are inadequate or are not
being effectively carried out, this delegation
may be revoked in whole or in part by
written notice of the revocation. Any such
revocation will be effective as of the date
specified in the notice.
Unless we receive negative comments from
you within ten days, this delegation is final
and will be effective ten days from the date
of this letter. Otherwise, no further
correspondence to the EPA is needed from
IDEQ to make this delegation effective. We
will periodically publish a notice in the
Federal Register informing the public of
IDEQ’s updated delegations. If you have any
questions, please contact Geoffrey Glass of
my staff at (206) 553–1847 or glass.geoffrey@
epa.gov.
Sincerely,
Krishna Viswanathan, Director
Air and Radiation Division
This notice acknowledges the update
of Idaho’s delegation of authority to
implement and enforce NSPS and
NESHAP.
Dated: July 9, 2024.
Krishnaswamy Viswanathan,
Director, Air and Radiation Division, Region
10.
[FR Doc. 2024–15395 Filed 7–12–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–12077–01–R6]
Clean Air Act Operating Permit
Program; Order on Petition for
Objection to State Operating Permit for
CF Industries East Point, LLC,
Waggaman Complex, Jefferson Parish,
Louisiana
Environmental Protection
Agency (EPA).
ACTION: Notice of final order on petition.
AGENCY:
The Environmental Protection
Agency (EPA) Administrator signed an
order dated June 25, 2024, denying a
Petition dated January 16, 2024, from
the Harahan/River Ridge Air Quality
Group, JOIN for Clean Air, Sierra Club,
and Environmental Integrity Project.
The Petition requested that the EPA
object to a Clean Air Act (CAA) title V
operating permit issued by the
Louisiana Department of Environmental
Quality (LDEQ) to CF Industries East
Point, LLC, Waggaman Complex,
located in Jefferson Parish, Waggaman,
Louisiana.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Layton, EPA Region 6 Office,
Air Permits Section, (214) 665–2136,
SUMMARY:
E:\FR\FM\15JYN1.SGM
15JYN1
]]>Agencies
[Federal Register Volume 89, Number 135 (Monday, July 15, 2024)]
[Notices]
[Pages 57405-57408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15395]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-R10-OAR-2024-0254; FRL-11982-01-R10]
Delegation of Authority to the State of Idaho To Implement or
Enforce Additional or Revised National Emission Standards for Hazardous
Air Pollutants and New Source Performance Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of delegation of authority.
-----------------------------------------------------------------------
SUMMARY: On May 10, 2023, the Environmental Protection Agency (EPA)
sent the State of Idaho (Idaho) two letters acknowledging that Idaho's
delegation of authority to implement and enforce the National Emissions
Standards for Hazardous Air Pollutants (NESHAP) and New Source
Performance Standards (NSPS) had been updated. To inform regulated
facilities and the public, the EPA is, through this notice, making
available a copy of the EPA's letters to Idaho.
DATES: On May 10, 2023, the EPA sent Idaho two letters acknowledging
that Idaho's delegation of authority to implement and enforce certain
Federal NSPS and NESHAP had been updated.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2024-0254. All documents, including the
letters with enclosures sent to Idaho, in the docket are listed on the
https://www.regulations.gov website or are available for public
inspection during normal business hours at the Air and Radiation
Division, U.S. Environmental Protection Agency, Region 10, 1200 Sixth
Avenue, Suite 155, Seattle, WA 98101-3144. Copies of Idaho's submittal
are also available at the Idaho Department of Environmental Quality,
1410 N Hilton Street, Boise, ID 83706.
FOR FURTHER INFORMATION CONTACT: Bryan Holtrop, Air and Radiation
Division, U.S. EPA Region 10, 1200 Sixth Avenue, Suite 155, Seattle, WA
98101, (206) 553-4473 or [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 57406]]
I. Delegation of NESHAP
Section 112(l) of the Clean Air Act (CAA) provides for the
regulation of hazardous air pollutants through the promulgation of
NESHAP. Those NESHAP promulgated prior to the CAA Amendments of 1990
are found in 40 Code of Federal Regulations (CFR) part 61. Those NESHAP
promulgated subsequent to the CAA Amendments of 1990 are found in 40
CFR part 63. 40 CFR part 63 subpart E contains the criteria and
procedures for ``straight delegation'' (delegation of unchanged
standards) of NESHAP. See 40 CFR 63.91.
On April 20, 2023, Idaho notified the EPA that the State had
updated its incorporation by reference of Federal NSPS and NESHAP to
include many such standards, as they were published in final form in
the CFR dated July 1, 2022. On May 10, 2023, the EPA sent Idaho a
letter acknowledging that Idaho now has the authority to implement and
enforce the NESHAP as specified by Idaho in its notice to the EPA, as
provided for under previously approved delegation mechanisms. All
notifications, applications, reports, and other correspondence required
pursuant to the delegated NESHAP must be submitted to both the EPA
Region 10 and to the Idaho Department of Environmental Quality, unless
the delegated standard specifically provides that such submittals may
be sent to the EPA or a delegated State. In such cases, the submittals
should be sent only to the Idaho Department of Environmental Quality. A
copy of the EPA's letter to Idaho follows:
Ms. Tiffany Floyd
Air Quality Division Administrator
Idaho Department of Environmental Quality
1410 North Hilton
Boise, Idaho 83706
Re: Approval of the Idaho Department of Environmental Quality's
Request for Updated Delegation of Authority for National Emissions
Standards for Hazardous Air Pollutants
Dear Ms. Floyd:
This letter is in response to your April 20, 2023, request to
update and continue the delegation of certain National Emission
Standards for Hazardous Air Pollutants. Consistent with the approved
mechanism for streamlined delegation as described in 67 FR 3106
(January 23, 2002), the U.S. Environmental Protection Agency hereby
grants this updated delegation request, as described below, to the
Idaho Department of Environmental Quality for those sources under
your jurisdiction for the identified NESHAP in effect on July 1,
2022.
Delegation Request
You have requested to update delegation of the 40 CFR parts 61
and 63 NESHAP standards that were previously delegated to IDEQ and
to obtain delegation of new standards that the EPA has promulgated
since your last delegation.
1. Your request for delegation of 40 CFR part 61, subpart M was
limited to sources required to obtain permits under title V of the
Clean Air Act.
2. Your request for delegation excluded subparts under 40 CFR
part 61 regulating radon or radionuclides, specifically: subparts B,
H, I, K, Q, R, T, and W.
3. Your request for delegation of all subparts of 40 CFR part 63
except N, AAAA, ZZZZ, BBBBBB, HHHHHH, JJJJJJ, WWWWWW, XXXXXX, and
DDDDDDD, was limited to sources required to obtain permits under
title V of the Clean Air Act.
IDEQ demonstrated that on March 28, 2023, IDEQ adopted the
identified provisions of 40 CFR parts 61 and 63 unchanged and as in
effect on July 1, 2022, into IDEQ's regulations in IDAPA
58.01.01.107.03(g) and (i).
Delegation of Authority
The EPA has determined that IDEQ's regulations continue to
provide adequate and effective procedures for implementing and
enforcing the NESHAP. Accordingly, the EPA hereby approves your
request for an updated delegation of authority to implement and
enforce the NESHAP standards identified in Enclosures A and B,
subject to the following terms and conditions:
1. As requested by IDEQ:
a. The delegation of 40 CFR part 61, subpart M and all subparts
of 40 CFR part 63 except N, AAAA, ZZZZ, BBBBBB, HHHHHH, JJJJJJ,
WWWWWW, XXXXXX, and DDDDDDD is limited to implementation and
enforcement of the NESHAP as of July 1, 2022, and is limited to
sources that are required to obtain a permit under Idaho's title V
program, regardless of whether a permit has yet been issued.
b. The delegation of all other requested NESHAP is limited to
implementation and enforcement of the NESHAP as of July 1, 2022.
2. The EPA is not delegating the following provisions under 40
CFR part 63 to IDEQ:
a. Subpart B, which implements sections 112(g) and 112(j) of the
Clean Air Act. The EPA has previously stated that a part 70
permitting authority does not need to apply for approval in order to
use its own program to implement section 112(g). Furthermore,
section 112(j) is designed to use the title V permit process as the
primary vehicle for establishing requirements. Therefore, delegation
is not required to implement sections 112(g) and 112(j) and 40 CFR
subpart B. See 59 FR 26429, 26447 (May 20, 1994) and 61 FR 68384,
68397 (December 27, 1996).
b. Subpart C, which lists hazardous air pollutants that have
been deleted or refined. This subpart grants no authority that is
necessary to implement or enforce the program and is therefore not
delegable.
c. Subpart D, which implements section 112(d) of the Clean Air
Act. Because this subpart explicitly states that it applies to a
state or local agency acting pursuant to a permit program approved
under title V of the Clean Air Act, delegation is unnecessary.
d. Subpart E, which establishes procedures for the EPA approval
of state rules, programs, or other requirements to implement and
enforce section 112 Federal rules and is not delegable.
3. The EPA is not delegating the provisions of the Consolidated
Air Rule under 40 CFR part 65. As proposed on October 28, 1998 (63
FR 57748, 57784-57786) and promulgated on December 14, 2000, (65 FR
78268, 78272), the CAR comprises alternative compliance approaches
to referencing subparts in 40 CFR parts 60 and 63. Therefore, formal
delegation of the CAR is not required provided the state has
received formal delegation of the referencing subpart.
4. Note that certain authorities are automatically granted to
you because you have an approved part 70 program (see for example,
40 CFR 63.6(i)(1)). See 66 FR 48211, 48213 (September 19, 2001).
However, you must have authority to implement and enforce the
particular standard against the source as a matter of state law in
order to implement this authority as a matter of Federal law.
5. The EPA is delegating the identified Federal standards as in
effect on July 1, 2022. New NESHAP or NESHAP that are revised
substantively after that date are not delegated to your agency;
these remain the responsibility of the EPA.
a. Acceptance of this delegation does not commit your agency to
request or accept delegation of future NESHAP standards and
requirements.
b. The EPA encourages your agency to update your NESHAP
delegation on an annual basis. This could coincide with the updating
of the adoption by reference of the Federal NESHAP standards, which
is important for maintaining the EPA's approval of your part 70
permitting program.
6. The EPA is not delegating authorities under 40 CFR parts 61
and 63 that specifically indicate they cannot be delegated, that
require rulemaking to implement, that affect the stringency of the
standard, equivalency determinations, or where national oversight is
the only way to ensure national consistency.
7. The EPA is not delegating standards that have been vacated as
a matter of Federal law.
8. This delegation is subject to the terms and conditions of the
EPA's previous NESHAP delegations to IDEQ, 61 FR 64622 (December 6,
1996) and 67 FR 3106 (January 23, 2002), as updated by this letter.
9. Implementation and enforcement of the delegated NESHAP are
subject to the CAA 105 Air Base Grant Agreement Workplan agreement
between the state of Idaho and the EPA and its successor documents.
The Agreement defines roles and responsibilities, including timely
and appropriate enforcement response and the maintenance of the
Integrated Compliance Information System for Air via the Exchange
Network.
10. Enforcement of these delegated NESHAP in your jurisdiction
will be the primary responsibility of your agency. Nevertheless, the
EPA may exercise its concurrent enforcement authority pursuant to
sections 112(l)(7) and 113 of the Clean Air Act and 40 CFR
63.90(d)(2) with respect to sources that are subject to the NESHAP.
[[Page 57407]]
11. Your agency and the EPA should communicate sufficiently to
ensure that each is fully informed and current regarding
interpretation of regulations (including any unique questions about
applicability) and the compliance status of subject sources in your
jurisdiction.
a. Any records or reports provided to or otherwise obtained by
your agency should be made available to the EPA upon request.
b. In accordance with 40 CFR 61.16 and 63.15, the availability
to the public of information provided to or otherwise obtained by
the EPA in connection with this delegation shall be governed by 40
CFR part 2.
12. Your agency will be the recipient of all notifications and
reports and be the point of contact for questions and compliance
issues for these delegated NESHAP. The EPA may request notifications
and reports from owners/operators and/or your agency, if needed.
13. Your agency will work with owners and operators of affected
facilities subject to a NESHAP subpart to ensure all required
information is submitted to your agency. Your assistance is
requested to ensure that this information, including excess emission
reports and summaries, is submitted to the EPA upon request, if
needed.
14. Your agency will require affected facilities to use the
methods specified in 40 CFR parts 61 and 63, as applicable, in
performing source tests pursuant to the regulations. See 40 CFR 61.7
and 63.7.
15. Changes and alternatives:
a. For part 61 standards, your agency is not delegated the
authorities under 40 CFR 61.04(b), 61.04(c), 61.05(c), 61.11,
61.12(d), 61.13(h)(1)(ii), 61.14(d), 61.14(g)(1)(ii), and 61.16.
Such authorities and approvals remain the responsibility of the EPA.
b. For part 63 standards, your agency is not delegated the
Category II authorities in 40 CFR 63.91(g)(2)(ii). Such authorities
and approvals remain the responsibility of the EPA.
c. Your agency must maintain a record of all approved
alternatives to monitoring, testing, and recordkeeping/reporting
requirements and provide this list of alternatives to the EPA semi-
annually or more frequently if requested by the EPA. The EPA may
audit any approved alternatives and disapprove any that it
determines are inappropriate, after discussion with your agency. If
changes are disapproved, your agency must notify the owner/operator
that it must revert to the original applicable monitoring, testing,
recordkeeping, and/or reporting requirements. Also, in cases where
the owner/operator does not maintain the conditions which prompted
the approval of the alternatives to the monitoring, testing,
recordkeeping, and/or reporting requirements, your agency must
require the source to revert to the original monitoring, testing,
recordkeeping, and reporting requirements, or more stringent
requirements, if justified.
16. Your agency's authority to implement and enforce NESHAP
under this delegation does not extend to sources or activities
located in Indian Country, as defined in 18 U.S.C. 1151. Consistent
with previous Federal program approvals or delegations, the EPA will
continue to implement the NESHAP in Indian Country because your
agency has not demonstrated that it has authority over sources and
activities located within the exterior boundaries of Indian
reservations and in other areas of Indian Country.
17. The EPA Administrator delegated to the EPA, Region 10 the
authority to delegate the NESHAP to any state or local agency. A
state or local agency that receives delegation from the EPA, Region
10 does not have the federally recognized authority to further
delegate the NESHAP.
18. 40 CFR 63.96(b) contains the applicable procedures governing
withdrawal of this delegation by the EPA or from this delegation by
IDEQ, as applicable.
Unless we receive negative comments from you within ten days,
this delegation is final and will be effective ten days from the
date of this letter. Otherwise, no further correspondence to the EPA
is needed from IDEQ to make this delegation effective. We will
periodically publish a notice in the Federal Register informing the
public of IDEQ's updated delegation. If you have any questions,
please contact Geoffrey Glass of my staff at (206) 553-1847 or
[email protected].
Sincerely,
Krishna Viswanathan, Director
Air and Radiation Division
II. Delegation of NSPS
Section 111(b) of the CAA requires the EPA to establish standards
of performance for new stationary sources of air pollution through the
promulgation of NSPS. These NSPS are found in 40 CFR part 60. According
to section 111(c) of the CAA and 40 CFR 60.4(b), States may submit
plans for approval by the Administrator to implement and enforce NSPS.
Neither section 111 of the CAA nor 40 CFR part 60, however, prescribe a
mechanism for such a delegation of authority.
On April 20, 2023, Idaho notified the EPA that the State had
updated its incorporation by reference of Federal NSPS to include many
such standards, as they were published in final form in the Code of
Federal Regulations (CFR) dated July 1, 2022. On May 10, 2023, the EPA
sent Idaho a letter acknowledging that Idaho now has the authority to
implement and enforce the NSPS as specified by Idaho in its notice to
the EPA, as provided for under previously approved delegation
mechanisms. All notifications, applications, reports, and other
correspondence required pursuant to the delegated NSPS must be
submitted to both the EPA Region 10 and to the Idaho Department of
Environmental Quality, unless the delegated standard specifically
provides that such submittals may be sent to the EPA or a delegated
State. In such cases, the submittals should be sent only to the Idaho
Department of Environmental Quality. A copy of the EPA's letter to
Idaho follows:
Ms. Tiffany Floyd
Air Quality Division Administrator
Idaho Department of Environmental Quality
1410 North Hilton
Boise, Idaho 83706
Re: Approval of the Idaho Department of Environmental Quality's
Request for Updated Delegation of Authority for New Source
Performance Standards
Dear Ms. Floyd:
This letter is in response to your April 20, 2023, request to
update and continue the delegation of authority to implement and
enforce certain New Source Performance Standards, 40 CFR part 60.
After review of your request, the U.S. Environmental Protection
Agency hereby grants this updated delegation request, as described
below, to the Idaho Department of Environmental Quality for those
sources under your jurisdiction for the identified NSPS in effect on
July 1, 2022.
Delegation Request
You have requested to update delegation of the 40 CFR part 60
NSPS that were previously delegated to IDEQ and to obtain delegation
of new standards that the EPA has promulgated since your last
delegation.
IDEQ demonstrated that on March 28, 2023, IDEQ adopted the
identified provisions of 40 CFR part 60 unchanged and as in effect
on July 1, 2022, into IDEQ's regulations in IDAPA
58.01.01.107.03(f).
Delegation of Authority
The EPA has determined that IDEQ's regulations continue to
provide adequate and effective procedures for implementing and
enforcing the NSPS. Accordingly, the EPA hereby approves your
request for an updated delegation of authority to implement and
enforce the NSPS identified in Enclosure A, subject to the following
terms and conditions:
1. As requested by IDEQ the delegation of all requested NSPS is
limited to implementation and enforcement of the NSPS as of July 1,
2022.
2. The EPA is not delegating the following provisions under 40
CFR part 60 to IDEQ:
a. Subparts B and Ba, which apply to the adoption and submittal
of state plans and actions taken to approve or disapprove such plans
by the Administrator of the EPA. These subparts are not delegable.
b. Subpart C, which states that several other subparts contain
emission guidelines and compliance times for the control of certain
designated pollutants in accordance with section 111(d) and section
129 of the Clean Air Act and subpart B of 40 CFR part 60. This
subpart establishes no authority that is necessary to implement or
enforce the program and is not delegable.
c. Subparts Cb, Cc, Cd, Ce, Cf, BBBB, DDDD, FFFF, MMMM, and
UUUUa. These subparts specify the requirements for approval of state
plans for the control of certain designated pollutants in accordance
with section 111(d) and section 129 of the Clean Air Act and subpart
B or Ba of 40 CFR part 60.
[[Page 57408]]
3. The EPA is not delegating the provisions of the Consolidated
Air Rule under 40 CFR part 65. As proposed on October 28, 1998, (63
FR 57748, 57784-57786) and promulgated on December 14, 2000, (65 FR
78268, 78272), the CAR comprises alternative compliance approaches
to referencing subparts in 40 CFR parts 60 and 63. Therefore, formal
delegation of the CAR is not required provided the state has
received formal delegation of the referencing subpart.
4. The EPA is delegating the identified Federal standards as in
effect on July 1, 2022. New NSPS or NSPS that are revised
substantively after that date are not delegated to your agency;
these remain the responsibility of the EPA.
a. Acceptance of this delegation does not commit your agency to
request or accept delegation of future NSPS standards and
requirements.
b. The EPA encourages your agency to update your NSPS delegation
on an annual basis. This could coincide with the updating of the
adoption by reference of the Federal NSPS standards, which is
important for maintaining the EPA's approval of your part 70
permitting program.
5. The EPA is not delegating authorities under 40 CFR part 60
that specifically indicate they cannot be delegated, that require
rulemaking to implement, that affect the stringency of the standard,
equivalency determinations, or where national oversight is the only
way to ensure national consistency.
6. The EPA is not delegating standards that have been vacated as
a matter of Federal law.
7. Implementation and enforcement of the delegated NSPS are
subject to the CAA 105 Air Base Grant Agreement Work Plan between
the state of Idaho and the EPA and its successor documents. The
agreement defines roles and responsibilities, including timely and
appropriate enforcement response and the maintenance of the
Integrated Compliance Information System for Air via the Exchange
Network. Your agency will ensure that all relevant source
notification and report information is entered as provided in the
agreement into the specified EPA database system to meet your
recordkeeping/reporting requirements.
8. Enforcement of these delegated NSPS in your jurisdiction will
be the primary responsibility of your agency. Nevertheless, the EPA
may exercise its concurrent enforcement authority pursuant to
sections 111(d)(2) and 113 of the Clean Air Act with respect to
sources that are subject to the NSPS.
9. Your agency and the EPA should communicate sufficiently to
ensure that each is fully informed and current regarding
interpretation of regulations (including any unique questions about
applicability) and the compliance status of subject sources in your
jurisdiction.
a. Any records or reports provided to or otherwise obtained by
your agency should be made available to the EPA upon request.
b. In accordance with 40 CFR 60.9, the availability to the
public of information provided to or otherwise obtained by the EPA
in connection with this delegation shall be governed by 40 CFR part
2.
10. Your agency will be the recipient of all notifications and
reports and be the point of contact for questions and compliance
issues for these delegated NSPS. The EPA may request notifications
and reports from owners/operators and/or your agency, if needed.
11. Your agency will work with owners and operators of affected
facilities subject to an NSPS subpart to ensure all required
information is submitted to your agency. Your assistance is
requested to ensure that this information, including excess emission
reports and summaries, is submitted to the EPA upon request, if
needed.
12. Your agency will require affected facilities to use the
methods specified in 40 CFR part 60, as applicable, in performing
source tests pursuant to the regulations. See 40 CFR 60.8.
13. Changes and alternatives:
a. Your agency is not delegated the authorities under 40 CFR
60.4(b), 60.8(b) (terms 2 and 3, to the extent that the change
represents an alternative or equivalent method or a major change to
testing as defined in 40 CFR 63.90), 60.9, 60.11(b) (with respect to
alternative methods), 60.11(e)(7)&(8), 60.13(a), 60.13(d)(2), and
60.13(g). Such authorities and approvals remain the responsibility
of the EPA.
b. Your agency is not delegated the authority to approve a major
change to monitoring under 40 CFR 60.13(i). A major change to
monitoring is defined in 40 CFR 63.90.
c. Your agency must maintain a record of all approved
alternatives to monitoring, testing, and recordkeeping/reporting
requirements and provide this list of alternatives to the EPA semi-
annually or more frequently if requested by the EPA. The EPA may
audit any approved alternatives and disapprove any that it
determines are inappropriate, after discussion with your agency. If
changes are disapproved, your agency must notify the owner/operator
that it must revert to the original applicable monitoring, testing,
recordkeeping, and/or reporting requirements. Also, in cases where
the owner/operator does not maintain the conditions which prompted
the approval of the alternatives to the monitoring, testing,
recordkeeping, and/or reporting requirements, your agency must
require the owner/operator to revert to the original monitoring,
testing, recordkeeping, and reporting requirements, or more
stringent requirements, if justified.
14. Your agency's authority to implement and enforce NSPS under
this delegation does not extend to sources or activities located in
Indian Country, as defined in 18 U.S.C. 1151. Consistent with
previous Federal program approvals or delegations, the EPA will
continue to implement the NSPS in Indian Country because your agency
has not demonstrated authority over sources and activities located
within the exterior boundaries of Indian reservations and in other
areas of Indian Country.
15. The EPA Administrator delegated to the EPA, Region 10 the
authority to delegate the NSPS to any state or local agency. A state
or local agency that receives delegation from the EPA, Region 10
does not have the federally recognized authority to further delegate
the NSPS.
16. If the EPA determines that your agency's procedures for
implementing or enforcing the NSPS are inadequate or are not being
effectively carried out, this delegation may be revoked in whole or
in part by written notice of the revocation. Any such revocation
will be effective as of the date specified in the notice.
Unless we receive negative comments from you within ten days,
this delegation is final and will be effective ten days from the
date of this letter. Otherwise, no further correspondence to the EPA
is needed from IDEQ to make this delegation effective. We will
periodically publish a notice in the Federal Register informing the
public of IDEQ's updated delegations. If you have any questions,
please contact Geoffrey Glass of my staff at (206) 553-1847 or
[email protected].
Sincerely,
Krishna Viswanathan, Director
Air and Radiation Division
This notice acknowledges the update of Idaho's delegation of
authority to implement and enforce NSPS and NESHAP.
Dated: July 9, 2024.
Krishnaswamy Viswanathan,
Director, Air and Radiation Division, Region 10.
[FR Doc. 2024-15395 Filed 7-12-24; 8:45 am]
BILLING CODE 6560-50-P
