FR Doc 02-13974

[Federal Register: June 10, 2002 (Volume 67, Number 111)]
[Rules and Regulations]
[Page 39622-39628]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn02-7]

[[Page 39622]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[FRL-7223-3]

Approval of the Clean Air Act, Section 112(l), Delegation of
Authority to the Oregon Department of Environmental Quality and Lane
Regional Air Pollution Authority

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency, Region 10 (EPA) approves
the Oregon Department of Environmental Quality's (ODEQ) request, on
behalf of itself and the Lane Regional Air Pollution Control Authority
(LRAPA), for program approval and delegation of authority to implement
and enforce certain National Emission Standards for Hazardous Air
Pollutants (NESHAPs).
Pursuant to the authority of section 112(l) of the Act, this
approval is based on EPA's finding that state law, regulations, and
agency resources meet the requirements for program approval and
delegation of authority specified in regulations pertaining to the
criteria for delegation common to all approval options, and in
applicable EPA guidance (see 40 CFR 60.91).
The purpose of this delegation is to acknowledge ODEQ and LRAPA's
ability to implement a NESHAP program and to transfer primary
implementation and enforcement responsibility from EPA to ODEQ and
LRAPA. Although EPA will look to ODEQ and LRAPA as the leads for
implementing the delegated NESHAPs in their respective jurisdictions,
EPA retains authority under section 113 of the Act to enforce any
applicable emission standard or requirement, if needed. With program
approval, ODEQ and LRAPA may choose to request newly promulgated or
updated standards by way of a streamlined request and approval process,
described below.
Concurrent with this direct final rule, EPA is publishing a
proposed rule in today's Federal Register. If no adverse comments are
received in response to the direct final rule, this rule will become
final and no further activity is contemplated. If EPA receives adverse
comments on the direct final rule, it will be withdrawn and all public
comments will be addressed in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time.

DATES: This direct final rule is effective on August 9, 2002, without
further notice, unless EPA receives adverse comment by July 10, 2002.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Written comments should be submitted to the address below:
Jeff KenKnight, Manager, Federal and Delegated Air Programs Unit,
Office of Air Quality (OAQ-107), U.S. Environmental Protection Agency,
Region 10, 1200 Sixth Avenue, Seattle, Washington 98101, (206) 553-
6641.
Copies of delegation requests and other supporting documentation
are available for public inspection at the U.S. Environmental
Protection Agency, Region 10, 1200 Sixth Avenue, Seattle, Washington
98101, during normal business hours. Please contact Jeff KenKnight to
make an appointment.

FOR FURTHER INFORMATION CONTACT: Jeff KenKnight, Manager, Federal and
Delegated Air Programs Unit, Office of Air Quality (OAQ-107), U.S.
Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Seattle,
Washington 98101, (206) 553-6641.

SUPPLEMENTARY INFORMATION:

Contents

I. Background and Purpose
a. What is the NESHAP program?
b. What are the requirements for delegation?
c. Are there any other requirements tied to NESHAP program
delegation?
d. What is the history of this delegation?
e. How have ODEQ and LRAPA satisfied the requirements for NESHAP
delegation?
II. EPA Action
a. What specific emission standards is EPA delegating to ODEQ
and LRAPA?
b. What specific standards is EPA not delegating?
c. What General Provisions authorities are automatically granted
as part of Oregon's Title V operating permits program approval?
d. What General Provisions authorities is EPA delegating?
e. What General Provisions authorities is EPA not delegating?
III. Implications
a. How will this delegation affect the regulated community?
b. Where will the regulated community send notifications and
reports?
c. How will this delegation affect Indian country?
d. What will ODEQ and LRAPA's reporting requirements to EPA be?
e. How will ODEQ and LRAPA receive delegation of future and
revised standards?
f. How frequently should ODEQ and LRAPA update their
delegations?
IV. Summary
V. Administrative Requirements

I. Background and Purpose

a. What Is the NESHAP Program?

Hazardous air pollutants are defined in the Clean Air Act (Act) as
pollutants that threaten human health through inhalation or other type
of exposure. These pollutants are commonly referred to as ``air
toxics'' and are listed in section 112(b)(1) of the Act.
National Emission Standards for Hazardous Air Pollutants (NESHAPs)
control emissions of hazardous air pollutants from specific source
categories and implement the requirements of section 112 of the Act.
These standards are found in 40 CFR parts 61 and 63.
Section 112(l) of the Act enables EPA to approve state and local
air toxics programs or rules such that these agencies can accept
delegation of authority for implementing and enforcing the NESHAPs.
Typically, a state or local agency requests delegation based on federal
rules adopted unchanged into state or local rules.

b. What Are the Requirements for Delegation?

Requirements for delegation of NESHAPs adopted unchanged into state
or local law are set forth in 40 CFR 63.91(d).

c. Are There Any Other Requirements Tied to NESHAP Program Delegation?

The Clean Air Act (CAA) Amendments of 1990 required all State and
local permitting authorities to develop operating permits programs that
meet the requirements of 40 CFR part 70. EPA gave full approval to
Oregon's title V operating permits program in 1995. (see 60 FR 50106
(September 28, 1995)).
Interim or final Title V program approval satisfies approval
criteria for delegation of the NESHAP program. This is because the
authority and enforcement requirements for approval of a part 70
program are equivalent to the requirements for NESHAP delegation found
in 40 CFR 63.91(d). Also, the approval of a Title V program already
confers the responsibility to implement and enforce all requirements
applicable to major sources, including requirements of section 112.
Alternatively, 40 CFR 63.91(d) requires that an agency show it: (1)
Has the authority necessary to implement and enforce the NESHAPs and
ensure compliance from sources; (2) has the resources and ability to
carry out the

[[Page 39623]]

responsibility; (3) is capable of assuring expeditious compliance by
sources; and (4) is otherwise in compliance with federal requirements.
Once an agency demonstrates that it meets this approval criteria,
it need only reference that demonstration and reaffirm it still meets
the criteria in future requests for updated delegation.

d. What Is the history of this delegation?

On January 24, 2002, ODEQ submitted a request on behalf of itself
and LRAPA for delegation of authority to implement and enforce certain
NESHAPs in effect on July 1, 2001. This was a follow-up to an original
delegation request submitted November 15, 1993.
EPA considered ODEQ's original 1993 request, including additional
supporting materials, and published a Federal Register document
proposing delegation on January 15, 1997 (see 63 FR 2074). However, EPA
did not take final action on this proposal because of EPA's concern
that Oregon's Audit Privilege Act, Oregon Revised Statute 468.963
(1993), interfered with Oregon's ability to meet federal requirements
for approval of EPA programs, including the NESHAP. During the 2001
Legislative Session, the Oregon Legislature passed House Bill 3536,
which amended ORS 468.963 to ensure that the Audit Privilege Law does
not apply to criminal investigations or proceedings. These statutory
amendments became effective January 1, 2002. With these amendments, the
Oregon Audit Privilege law no longer poses a barrier to the delegation
of the NESHAPs to Oregon and LRAPA.

e. How Have ODEQ and LRAPA Satisfied the requirements for NESHAP
Delegation?

ODEQ's January 24, 2002 submittal consists of a letter of request
and supporting documentation, which includes: (1) A copy of state
statutes, regulations and requirements that grant authority to
implement and enforce a NESHAP program upon approval; (2) a
demonstration that the agency has an approved Title V program; and (3)
copies of revised statutes and discussion pertaining to the resolution
of audit law and standing issues. ODEQ and LRAPA have met the
requirements for delegation because they have full approval of their
Title V program.\1\
---------------------------------------------------------------------------

\1\ EPA issued a Notice of Deficiency for Oregon's Title V
program on November 30, 1998, (see 63 FR 65783) because of a 1996
court decision that restricted representational standing in Oregon,
which EPA believes is a requirement for full Title V approval.
Specifically, this kept organizations from challenging state issued
Title V permits. Representational standing relates to the ability of
an association or organization to act on behalf of their members in
judicial proceedings, in this case, challenging Title V permits.
During the 1999 Legislative Session, the Oregon legislature passed
House Bill 2180 which clarified that an association or organization
has standing to seek judicial review of Title V permits in Oregon.
EPA has concluded that these changes address the Notice of
Deficiency. This correction is published in another section of
today's Federal Register.
---------------------------------------------------------------------------

II. EPA Action

a. What Specific Emission Standards Is EPA Delegating to ODEQ and
LRAPA?

EPA is delegating certain 40 CFR part 61 and 63 subparts in effect
on July 1, 2001, to ODEQ and LRAPA. These are: (1) 40 CFR part 61,
subparts A, C, D, E, F, J, L, N, O, P, V, Y, BB, FF; and (2) 40 CFR
part 63, subparts A, F, G, H, I, L, M, N, O, Q, R, S, T, U, W, X, Y,
AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, LL, MM, OO, PP, QQ, RR, SS, TT,
UU, VV, WW, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ, LLL, MMM, NNN, OOO,
PPP, RRR, TTT, VVV, XXX, CCCC, GGGG. These subparts are also summarized
in the parts 61 and 63 informational tables at the end of this direct
final rule.

b. What Specific Standards Is EPA Not Delegating?

Typically, EPA delegates all standards adopted and requested by an
air agency and in effect as of a certain date, regardless of whether or
not there are any applicable sources within that agency's jurisdiction.
As an exception, EPA does not usually delegate subparts pertaining to
radon or radionuclides (part 61, subparts B, Q, H, I, K, R, and W).
This is due to the specific expertise required to implement them. For
this reason, EPA is not delegating part 61, subparts B and I, even
though ODEQ and LRAPA requested them.

c. What General Provisions Authorities Are Automatically Granted as
Part of Oregon's Title V Operating Permits Program Approval?

Certain General Provisions authorities are automatically granted to
ODEQ and LRAPA as part of Oregon's Title V operating permits program
approval. These are 40 CFR 63.6(i)(1), ``Extension of Compliance with
Emission Standards,'' and 63.5(e) and (f), ``Approval and Disapproval
of Construction and Reconstruction.'' \2\ Additionally, for 40 CFR
63.6(i)(1), ODEQ and LRAPA do not need to have been delegated a
particular standard or have issued a Title V operating permit for a
particular source to grant that source a compliance extension. However,
ODEQ and LRAPA must have authority to implement and enforce the
particular standard against the source in order to grant that source a
compliance extension.
---------------------------------------------------------------------------

\2\ Sections 112(i)(1) and (3) state that ``Extension of
Compliance with Emission Standards'' and ``Approval and Disapproval
of Construction and Reconstruction'' can be implemented by the
``Administrator (or a State with a permit program approved under
Title V).'' EPA interprets that this authority does not require
delegation through subpart E and, instead, is automatically granted
to States as part of its Title V operating permits program approval
provided the State has authority to implement those NESHAP standards
in theTitle V permit.
---------------------------------------------------------------------------

d. What General Provisions Authorities Is EPA Delegating?

In 40 CFR 63.90 and in a memorandum from John Seitz, Office of Air
Quality Planning and Standards, dated July 10, 1998, titled,
``Delegation of 40 CFR part 63 General Provisions Authorities to State
and Local Air Pollution Control Agencies,'' EPA clarifies which of the
authorities in the General Provisions may and may not be delegated to
state and local agencies under 40 CFR part 63, subpart E. Based on
these guidelines, EPA is delegating to ODEQ and LRAPA certain part 63,
subpart A authorities listed below.
Delegation of these General Provisions authorities will enable ODEQ
and LRAPA to carry out the EPA Administrator's responsibilities in
these sections of subpart A. In delegating these authorities, EPA
grants ODEQ and LRAPA the authority to make decisions which are not
likely to be nationally significant or alter the stringency of the
underlying standard. The intent is that these agencies will make
decisions on a source-by-source basis, not on a source category-wide
basis.

Table 1.--Part 63, Subpart A, General Provisions Authorities EPA Is
Delegating
------------------------------------------------------------------------
Section Authorities
------------------------------------------------------------------------
63.1.............................. Applicability Determinations.
63.6(e)........................... Operation and Maintenance
Requirements--Responsibility for
Determining Compliance.

[[Page 39624]]

63.6(f)........................... Compliance with Non-Opacity
Standards--Responsibility for
Determining Compliance.
63.6(h) [except 63.6(h)(9)]....... Compliance with Opacity and Visible
Emissions Standards--Responsibility
for Determining Compliance.
63.7(c)(2)(i) and (d)............. Approval of Site-Specific Test
Plans.
63.7(e)(2)(i)..................... Approval of Minor Alternatives to
Test Methods.
63.7(e)(2)(ii) and (f)............ Approval of Intermediate
Alternatives to Test Methods.
63.7(e)(2)(iii)................... Approval of Shorter Sampling Times
and Volumes When Necessitated by
Process Variables or Other Factors.
63.7(e)(2)(iv) and (h)(2), (3).... Waiver of Performance Testing.
63.8(c)(1) and (e)(1)............. Approval of Site-Specific
Performance Evaluation (monitoring)
Test Plans.
63.8(f)........................... Approval of Minor Alternatives to
Monitoring.
63.8(f)........................... Approval of Intermediate
Alternatives to Monitoring.
63.9 and 63.10 [except 63.10(f)].. Approval of Adjustments to Time
Periods for Submitting Reports.
------------------------------------------------------------------------

In delegating 40 CFR 63.9 and 63.10, ``Approval of Adjustments to
Time Periods for Submitting Reports,'' ODEQ and LRAPA have the
authority to approve adjustments to the timing of the reports that are
due, but do not have the authority to alter the contents of the
reports. For Title V sources, semiannual and annual reports are
required by part 70 and nothing herein will change that requirement.

e. What General Provisions authorities are not delegated?

In general, EPA does not delegate any authorities that require
implementation through rulemaking in the Federal Register, or where
Federal overview is the only way to ensure national consistency in the
application of the standards or requirements of CAA section 112. The
types of authorities that EPA retains are: Equivalency determinations;
approval of alternative test methods; decisions where federal oversight
is needed to ensure national consistency; and any decision that
requires rulemaking to implement. The authorities listed in the table
below (also mentioned in the footnotes of the parts 61 and 63
delegation tables at the end of this rule) are the specific General
Provisions authorities that cannot be delegated to any state or local
agency, which EPA therefore retains sole authority to implement.

Table 2.--Part 61 and 63, Subpart A, General Provisions Authorities EPA
Is not Delegating
------------------------------------------------------------------------
Section Authorities
------------------------------------------------------------------------
61.04(b)............................... Waiver of Recordkeeping.
61.12(d)(1)............................ Approval of Alternative Means
of Emission Limitation.
61.13(h)(1)(ii)........................ Approval of Major Alternatives
to Test Methods.
61.14(g)(1)(ii)........................ Approval of Major Alternatives
to Monitoring.
61.16.................................. Availability of Information.
61.53(c)(4)............................ List of Approved Design,
Maintenance, and Housekeeping
Practices for Mercury Chlor-
alki Plants.
63.6(g)................................ Approval fo Alternative Non-
Opacity Emission Standards.
63.6(h)(9)............................. Approval of Alternative Opacity
Standard.
63.7(e)(2)(ii) and (f)................. Approval of Major Alternative
to Test Methods.
63.8(f)................................ Approval of Major Alternatives
to Monitoring.
63.10(f)............................... Waiver of Recordkeeping--all.
------------------------------------------------------------------------

III. Implications

a. How Will This Delegation Affect the Regulated Community?

Once a state or local agency has been delegated the authority to
implement and enforce a NESHAP, they become the primary point of
contact with respect to that NESHAP. As a result of today's action,
sources in Oregon subject to a delegated NESHAP should direct questions
and compliance issues to their respective air agency.
For authorities that are NOT delegated--those noted in Table 2 or
any section of 40 CFR parts 61 and 63 that says authority cannot be
delegated--affected sources should continue to work with EPA as their
primary contact and submit materials directly to EPA for Administrator
decision. In these cases, ODEQ or LRAPA should be copied on all
submittals, questions, and requests.
EPA continues to have primary responsibility to implement and
enforce Federal regulations that do not have current state or local
agency delegations. Several part 61 and 63 subparts are excluded from
this delegation. Therefore, EPA is the only agency that can implement
and enforce NESHAPs as they apply to Oregon's sources.
Also, EPA is delegating specific federal standards in effect on
July 1, 2001. EPA has authority for any NESHAP that changes
substantially after this date until these agencies update their
delegation.

b. Where Will the Regulated Community Send Notifications and Reports?

Sources subject to delegated NESHAPs (specified in the part 61 and
part 63 tables at the end of the rule) will now send required
notifications and reports to ODEQ and LRAPA for their action, and send
copies to EPA. For authorities that are not delegated, sources should
send EPA required notifications, reports, and requests, and send copies
to ODEQ or LRAPA. Generally speaking, the transfer of authority from
EPA to ODEQ and LRAPA in this delegation changes EPA's role from
primary implementor and enforcer to overseer.

c. How Will This Delegation Affect Indian Country?

This delegation to ODEQ and LRAPA to implement and enforce NESHAPs
does not extend to sources or activities located in Indian country, as
defined in 18 U.S.C. 1151. ``Indian country'' is defined under 18
U.S.C. 1151 as: (1) All land within the limits of any Indian
reservation under the jurisdiction of the United States Government,
notwithstanding the issuance of any patent, and including rights-of-way
running through the reservation; (2) all dependent Indian communities
within the borders of the United States,

[[Page 39625]]

whether within the original or subsequently acquired territory thereof,
and whether within or without the limits of a State; and (3) all Indian
allotments, the Indian titles to which have not been extinguished,
including rights-of-way running through the same. Under this
definition, EPA treats as reservations trust lands validly set aside
for the use of a Tribe, even if the trust lands have not been formally
designated as a reservation. Consistent with previous federal program
approvals or delegations, EPA will continue to implement the NESHAPs in
Indian country, because these agencies have not adequately demonstrated
its authority over sources and activities located within the exterior
boundaries of Indian reservations and other areas in Indian country.

d. What Will ODEQ and LRAPA's Reporting Requirements to EPA Be?

In delegating the authority to implement and enforce these rules,
EPA requires that ODEQ and LRAPA submit the following to EPA:
(1) ODEQ and LRAPA must input all minimum data reportable (MDR)
requirements into the AIRS Facility Subsystem (AFS) of the Aerometric
Information Retrieval System (AIRS) for stationary sources;
(2) ODEQ and LRAPA must also provide any additional compliance
related information to EPA as agreed upon in the Compliance Assurance
Agreement between EPA and ODEQ and LRAPA;
(3) ODEQ and LRAPA must submit to EPA copies of determinations
issued pursuant to delegated General Provisions authorities, listed in
Table 1, above;
(4) ODEQ and LRAPA must also forward to EPA copies of any
notifications received pursuant to 40 CFR 63.6(h)(7)(ii) pertaining to
the use of a continuous opacity monitoring system; and
(5) ODEQ and LRAPA must submit to EPA's Emission Measurement
Center, of the Emissions Monitoring and Analysis Division, copies of
any approved intermediate changes to test methods or monitoring. (For
definitions of major, intermediate, and minor alternative test methods
or monitoring methods, see 40 CFR 63.90 and the July 10, 1998,
memorandum from John Seitz, referenced above). These intermediate test
methods, or monitoring changes, should be sent via mail or facsimile
to: Chief, Source Categorization Group A, U.S. EPA (MD-19), Research
Triangle Park, NC 27711, Facsimile telephone number: (919) 541-1039.

e. How Will ODEQ and LRAPA Receive Delegation of Future and Revised
Standards?

ODEQ and LRAPA will receive delegation of future standards by the
following streamlined process: (1) ODEQ and/or LRAPA will send a letter
to EPA requesting delegation for future NESHAP standards adopted by
reference into Oregon regulations; (2) EPA will send a letter of
response back to ODEQ and/or LRAPA granting this delegation request (or
explaining why EPA cannot grant the request); (3) ODEQ and/or LRAPA do
not need to send a response back to EPA; (4) If EPA does not receive a
negative response from ODEQ and/or LRAPA within 10 days of EPA's
letter, then the delegation will be final 10 days after the date of the
letter from EPA; and (5) Periodically, EPA will publish a notice in the
Federal Register informing the public of the updated delegation.

f. How Frequently Should ODEQ and LRAPA Update Their Delegations?

ODEQ and LRAPA are not obligated to receive future delegations.
However, they are encouraged to revise their rules to incorporate newer
40 CFR parts 61 and 63 standards and request updated delegation
annually. Preferably, ODEQ and LRAPA should adopt federal regulations
effective July 1, of each year; this corresponds with the publication
date of the CFR.

IV. Summary

EPA approves ODEQ and LRAPA's request for program approval and
delegation of authority to implement and enforce specific NESHAPs.
Pursuant to the authority of section 112(l) of the Act, this approval
is based on EPA's finding that state law, regulations, and agency
resources meet the requirements for program approval and delegation of
authority specified in 40 CFR 63.91 and applicable EPA guidance.
The purpose of this delegation is to acknowledge ODEQ and LRAPA's
ability to implement a NESHAP program and to transfer primary
implementation and enforcement responsibility from EPA to ODEQ and
LRAPA. Although EPA will look to these agencies as the lead for
implementing delegated NESHAPs for their sources, EPA retains authority
under section 113 of the Act to enforce any applicable emission
standard or requirement, if needed. With program approval, ODEQ and
LRAPA may request newly promulgated or updated standards by way of a
streamlined process.
Sources subject to delegated NESHAPs (specified in the part 61 and
part 63 tables at the end of the rule) will now send required
notifications and reports to ODEQ and LRAPA for their action, and send
a copy to EPA. Sources should continue to send notifications, reports,
requests, etc. pursuant to Authorities not delegated to these agencies
to EPA for our action, and send a copy to ODEQ or LRAPA.
EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to grant full delegation of NESHAP
standards to ODEQ and LRAPA should adverse comments be filed. This rule
will be effective August 9, 2002, without further notice unless the
Agency receives adverse comments by July 10, 2002.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time.
If no comments are received, the public is advised that this rule
will be effective on August 9, 2002, and no further action will be
taken on the proposed rule.

V. Administrative Requirements

Under Executive Order 12866, ``Regulatory Planning and Review'' (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. Delegation of authority to implement
and enforce unchanged federal standards under section 112(l) of the CAA
does not create any new requirements but simply transfers primary
implementation authorities to the state (or local) agency. 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.). This rule does not
contain any unfunded mandates and does not significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4) because it approves pre-existing
requirements under State law and does not impose any additional

[[Page 39626]]

enforceable duties beyond that required by State law.
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,
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000). This action also does not have Federalism
implications because it will 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,
``Federalism'' (64 FR 43255, August 10, 1999). The action merely
approves a State and local program and rules implementing a Federal
standard and does not alter the relationship or the distribution of
power and responsibilities between the State and the Federal government
established in the Clean Air Act. Although section 6 of the Executive
Order does not apply to this rule, EPA did consult with representatives
of state government in developing this rule, and this rule is in
response to the State's delegation request. This action, also, is not
subject to Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997) or Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001), because it is not a significantly regulatory action
under Executive Order 12866. 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 Congress and to the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 9, 2002. 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 CAA section 307(b)(2).

List of Subjects

40 CFR Part 61

Environmental protection, Air pollution control, Arsenic, Asbestos,
Benzene, Beryllium, Hazardous substances, Mercury, Reporting and
recordkeeping requirements, Vinyl chloride.

40 CFR Part 63

Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

Dated: May 24, 2002.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.

Title 40, chapter I, of the Code of Federal Regulations is amended
as follows:

PART 61--[AMENDED]

1. The authority citation for part 61 continues to read as follows:

Authority: 42 U.S.C. 7401, 7412, 7413, 7414, 7416, 7601 and
7602.

Subpart A--General Provisions

2. Section 61.04 is amended by revising the table in paragraph
(c)(10) to read as follows:

Sec. 61.04 Address.

* * * * *
(c) * * *
(10) * * *

Delegation Status for Part 61 Standards--Region 10 ¹
--------------------------------------------------------------------------------------------------------------------------------------------------------
AK ID Oregon Washington
Subpart ² --------------------------------------------------------------------------------------------------------------------------
ADEC ³ IDEQ ⁴ ODEQ ⁵ LRAPA ⁶ Ecology ⁷ BCAA ⁸ NWAPA ⁹ OAPCA ¹⁰ PSCAA ¹¹ SCAPCA SWAPCA YRCAA ¹⁴
-------------------------------------------------------------------------------------------------------------------------------¹²--------¹³-------------
A General Provisions ¹⁵..... X X ⁴ X X X X X X X X X X
B Radon from Underground ........ ........ ........ ........ ........... ........ ........ ........ ........ ........ ........ ........
Uranium Mines...............
C Beryllium................. ........ X ⁴ X X X X X X X X X X
D Beryllium Rocket Motor ........ X ⁴ X X X X X X X X X X
Firing......................
E Mercury................... X X ⁴ X X X X X X X X X X
F Vinyl Chloride............ ........ X ⁴ X X X X X X X X X X
H Emissions of Radionuclides ........ ........ ........ ........ ........... ........ ........ ........ ........ ........ ........ ........
other than Radon from Dept
of Energy facilities........
I Radionuclides from Federal ........ ........ ........ ........ ........... ........ ........ ........ ........ ........ ........ ........
Facilities other than
Nuclear Regulatory
Commission Licensees and not
covered by Subpart H........
J Equipment Leaks of Benzene X X ⁴ X X X X X X X X X X
K Radionuclides from ........ ........ ........ ........ ........... ........ ........ ........ ........ ........ ........ ........
Elemental Phosphorus Plants.
L Benzene from Coke Recovery ........ X ⁴ X X X X X X X X X X
M Asbestos.................. X ³ X ⁴ ........ ........ X ⁷ X ⁸ X X ¹⁰ X X X X
N Arsenic from Glass Plants. ........ X ⁴ X X X X X X X X X X
O Arsenic from Primary ........ X ⁴ X X X X X X X X X X
Copper Smelters.............
P Arsenic from Arsenic ........ X ⁴ X X X X X X X X X X
Production Facilities.......
Q Radon from Dept of Energy ........ ........ ........ ........ ........... ........ ........ ........ ........ ........ ........ ........
facilities..................
R Radon from Phosphogypsum ........ ........ ........ ........ ........... ........ ........ ........ ........ ........ ........ ........
Stacks......................
T Radon from Disposal of ........ X ⁴ ........ ........ ........... ........ ........ ........ ........ ........ ........ ........
Uranium Mill Tailings.......
V Equipment Leaks........... X X ⁴ X X X X X X X X X X
W Radon from Operating Mill ........ ........ ........ ........ ........... ........ ........ ........ ........ ........ ........ ........
Tailings....................
Y Benzene from Benzene X X ⁴ X X X X X X X X X X
Storage Vessels.............
BB Benzene from Benzene ........ X ⁴ X X X X X X X X X X
Transfer Operations.........
FF Benzene Waste Operations. X ........ X X X X X X X X X X
--------------------------------------------------------------------------------------------------------------------------------------------------------
¹ Table last updated on August 9, 2002.
² Any authority within any subpart of this part (i.e. under ``Delegation of Authority'') that is identified as not delegatable, is not delegated.

[[Page 39627]]

³ Alaska Department of Environmental Conservation (01/18/1997) Note: Alaska received delegation for Sec. 61.145 and Sec. 61.154 of subpart M
(Asbestos), along with other sections and appendices which are referenced in Sec. 61.145, as Sec. 61.145 applies to sources required to obtain an
operating permit under Alaska's regulations. Alaska has not received delegation for subpart M for sources not required to obtain an operating permit
under Alaska's regulations.
⁴ Idaho Department of Environmental Quality (07/01/2000) Note: Delegation of these part 61, Subparts applies only to those sources in Idaho required to
obtain an operating permit under Title V of the Clean Air Act.
⁵ Oregon Department of Environmental Quality (07/01/2001)
⁶ Lane Regional Air Pollution Authority (07/01/2001)
⁷ Washington Department of Ecology (02/20/2001) Note: Delegation of part 63, subpart M applies only to sources required to obtain an operating permit
under Title V of the Clean Air Act, including Hanford. (Pursuant to RCW 70.105.240, only Ecology can enforce regulations at Hanford)
⁸ Benton Clean Air Authority (02/20/2001) Note: Delegation of part 63, subpart M excludes Hanford, see note 6.
⁹ Northwest Air Pollution Authority (07/01/2000)
¹⁰ Olympic Air Pollution Control Authority (07/01/2000) Note: Delegation of part 63, subpart M applies only to sources required to obtain an operating
permit under Title V of the Clean Air Act
¹¹ Puget Sound Clean Air Agency (07/01/1999)
¹² Spokane County Air Pollution Control Authority (02/20/2001)
¹³ Southwest Air Pollution Control Authority (08/01/1998)
¹⁴ Yakima Regional Clean Air Authority (07/01/2000)
¹⁵ General Provisions Authorities which are not delegated include: Secs. 61.04(b); 61.12(d)(1); 61.13(h)(1)(ii) for approval of major alternatives to
test methods; Sec. 61.14(g)(1)(ii) for approval of major alternatives to monitoring; Sec. 61.16; Sec. 61.53(c)(4); and any sections in the subparts
pertaining to approval of alternative standards (i.e., alternative means of emission limitations), or approval of major alternatives to test methods
or monitoring. For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see 40 CFR 63.90.

PART 63--[AMENDED]

1. The authority citation for part 63 continues to read as follows:

Authority: 42 U.S.C. 7401, 7412, 7413, 7414, 7416, 7601 and
7602.

Subpart E--Approval of State Programs and Delegation of Federal
Authorities

2. Section 63.99 is amended by adding paragraph (a)(37) to read as
follows:

Sec. 63.99 Delegated federal authorities.

* * * * *
(a) * * *
(37) Oregon.
(i) The following table lists the delegation status of specific
part 63 subparts that have been delegated to state and local air
pollution control agencies in Oregon. An ``X'' indicates the subpart
has been delegated, subject to all the conditions and limitations set
forth in federal law, regulations, policy, guidance, and
determinations. Some authorities cannot be delegated and are retained
by EPA. These include certain General Provisions authorities and
specific parts of some standards. The dates noted at the end of this
table indicate the effective dates of federal rules that have been
delegated. Any amendments made to these rules after this effective date
are not delegated.

Delegation Status of Part 63 NESHAPS--State of Oregon ¹
------------------------------------------------------------------------
Subpart ² ODEQ ³ LRAPA ⁴
------------------------------------------------------------------------
A General Provisions ⁵..................... X X
D Early Reductions......................... ............ ............
F HON-SOCMI................................ X X
G HON-Process Vents........................ X X
H HON-Equipment Leaks...................... X X
I HON-Negotiated Leaks..................... X X
L Coke Oven Batteries...................... X X
M Perchloroethylene Dry Cleaning........... X X
N Chromium Electroplating.................. X X
O Ethylene Oxide Sterilizers............... X X
Q Industrial Process Cooling Towers........ X X
R Gasoline Distribution.................... X X
S Pulp and Paper........................... X X
T Halogenated Solvent Cleaning............. X X
U Polymers and Resins I.................... X X
W Polymers and Resins II-Epoxy............. X X
X Secondary Lead Smelting.................. X X
Y Marine Tank Vessel Loading............... X X
AA Phosphoric Acid Manufacturing Plants.... X X
BB Phosphate Fertilizers Production Plants. X X
CC Petroleum Refineries.................... X X
DD Off-Site Waste and Recovery............. X X
EE Magnetic Tape Manufacturing............. X X
GG Aerospace Manufacturing & Rework........ X X
HH Oil and Natural Gas Production X X
Facilities.................................
II Shipbuilding and Ship Repair............ X X
JJ Wood Furniture Manufacturing Operations. X X
KK Printing and Publishing Industry........ X X
LL Primary Aluminum........................ X X
MM Chemical Recovery Combustion Sources at X X
Kraft, Soda, Sulfite, and Stand-Alone
Semichemical Pulp Mills....................
OO Tanks--Level 1.......................... X X
PP Containers.............................. X X
QQ Surface Impoundments.................... X X
RR Individual Drain Systems................ X X
SS Closed Vent Systems, Control Devices, X X
Recovery Devices and Routing to a Fuel Gas
System or Process..........................
TT Equipment Leaks--Control Level 1........ X X
UU Equipment Leaks--Control Level 2........ X X
VV Oil-Water Separators and Organic-Water X X
Separators.................................
WW Storage Vessels (Tanks)--Control Level 2 X X
YY Source Categories: Generic MACT......... X X
CCC Steel Pickling--HCl Process Facilities X X
and Hydrochloric Acid Regeneration Plants..
DDD Mineral Wool Production................ X X

[[Page 39628]]

EEE Hazardous Waste Combustors............. X X
GGG Pharmaceuticals Production............. X X
HHH Natural Gas Transmission and Storage X X
Facilities.................................
III Flexible Polyurethane Foam Production.. X X
JJJ Polymers and Resins IV................. X X
LLL Portland Cement Manufacturing.......... X X
MMM Pesticide Active Ingredient Production. X X
NNN Wool Fiberglass Manufacturing.......... X X
OOO Manufacture of Amino Phenolic Resins... X X
PPP Polyether Polyols Production........... X X
RRR Secondary Aluminum Production.......... X X
TTT Primary Lead Smelting.................. X X
VVV Publicly Owned Treatment Works......... X X
XXX Ferroalloys Production: Ferromanganese X X
& Silico manganese.........................
CCCC Manufacture of Nutritional Yeast...... X X
GGGG Extraction of Vegetable Oil........... X X
------------------------------------------------------------------------
¹ Table last updated on August 9, 2002; see 40 CFR 61.04(b)(WW) for
agency addresses.
² Any authority within any subpart of this part (i.e. under ``Delegation
of Authority'') that is identified as not delegatable, is not
delegated.
³ Oregon Department of Environmental Quality (07/01/2001).
⁴ Lane Region Air Pollution Authority (07/01/2001).
⁵ General Provisions Authorities which may not be delegated include:
Secs. 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of
major alternatives to test methods; Sec. 63.9(f) for approval of
major alternatives to monitoring. For definitions of minor,
intermediate, and major alternatives to test methods and monitoring,
see 40 CFR 63.90.

[FR Doc. 02-13974 Filed 6-7-02; 8:45 am]

BILLING CODE 6560-50-P