Notice2024-15395
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 15, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 135 (Monday, July 15, 2024)</title>
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[Federal Register Volume 89, Number 135 (Monday, July 15, 2024)]
[Notices]
[Pages 57405-57408]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15395]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R10-OAR-2024-0254; FRL-11982-01-R10]
Delegation of Authority to the State of Idaho To Implement or
Enforce Additional or Revised National Emission Standards for Hazardous
Air Pollutants and New Source Performance Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of delegation of authority.
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SUMMARY: On May 10, 2023, the Environmental Protection Agency (EPA)
sent the State of Idaho (Idaho) two letters acknowledging that Idaho's
delegation of authority to implement and enforce the National Emissions
Standards for Hazardous Air Pollutants (NESHAP) and New Source
Performance Standards (NSPS) had been updated. To inform regulated
facilities and the public, the EPA is, through this notice, making
available a copy of the EPA's letters to Idaho.
DATES: On May 10, 2023, the EPA sent Idaho two letters acknowledging
that Idaho's delegation of authority to implement and enforce certain
Federal NSPS and NESHAP had been updated.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2024-0254. All documents, including the
letters with enclosures sent to Idaho, in the docket are listed on the
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#e48c8b8890968b94ca86969d858aa4819485ca838b92"><span class="__cf_email__" data-cfemail="fe9691928a8c918ed09c8c879f90be9b8e9fd0999188">[email protected]</span></a>.
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
<a href="/cdn-cgi/l/email-protection#b7d0dbd6c4c499d0d2d8d1d1c5d2cef7d2c7d699d0d8c1"><span class="__cf_email__" data-cfemail="62050e0311114c05070d040410071b220712034c050d14">[email protected]</span></a>.
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
<a href="/cdn-cgi/l/email-protection#b6d1dad7c5c598d1d3d9d0d0c4d3cff6d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="5d3a313c2e2e733a38323b3b2f38241d382d3c733a322b">[email protected]</span></a>.
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
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