[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Rules and Regulations]
[Pages 13444-13446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5261]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[MSN-2006-1; FRL-8290-4]


New Stationary Sources; Supplemental Delegation of Authority to 
the Mississippi Department of Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of authority.

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SUMMARY: The Mississippi Department of Environmental Quality (MSDEQ or 
agency) has requested that EPA delegate authority for implementation 
and enforcement of existing New Source Performance Standards (NSPS) 
which have been previously adopted by the agency but have remained 
undelegated by EPA, and has requested that EPA approve the mechanism 
for delegation (adopt-by-reference) of future NSPS. The purpose of 
MSDEQ's request for approval of its delegation mechanism is to 
streamline existing administrative procedures by eliminating any 
unnecessary steps involved in the Federal delegation process. With this 
NSPS delegation mechanism in place, a new or revised NSPS promulgated 
by EPA will become effective in the State of Mississippi on the date 
the NSPS is adopted-by-reference pursuant to a rulemaking of the MSDEQ, 
if the agency adopts the NSPS without change. ``Adopt-by-reference'' 
means the EPA promulgated standard has been adopted directly into the 
State regulations by reference to the Federal law. No further agency 
requests for delegation will be necessary. Likewise, no further Federal 
Register notices will be published.
    In this action, EPA is delegating authority to MSDEQ for 
implementation and enforcement of existing NSPS which have been 
previously adopted by MSDEQ and which are identified in the 
Supplementary Information section below. In addition, EPA is approving 
MSDEQ's ``adopt-by-reference'' mechanism for delegation of future NSPS.

DATES: Effective Date: The effective date is March 22, 2007.

ADDRESSES: Copies of the request for delegation of authority are 
available for public inspection during normal

[[Page 13445]]

business hours at the following locations:
    Environmental Protection Agency, Region 4, Air Toxics and 
Monitoring Branch, 61 Forsyth Street, SW., Atlanta, Georgia 30303;
    Mississippi Department of Environmental Quality, P.O. Box 10385, 
Jackson, Mississippi 39289-0385.
    Effective immediately, all requests, applications, reports and 
other correspondence required pursuant to the delegated standards 
should not be submitted to the Region 4 office, but should instead be 
submitted to the following address:
    Mississippi Department of Environmental Quality, P.O. Box 10385, 
Jackson, Mississippi 39289-0385.

FOR FURTHER INFORMATION CONTACT: Keith Goff, Air Toxics and Monitoring 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960, 404-562-9137. Mr. Goff can also be reached 
via electronic mail at <a href="/cdn-cgi/l/email-protection#55323a33337b3e303c213d153025347b323a23"><span class="__cf_email__" data-cfemail="e4838b8282ca8f818d908ca4819485ca838b92">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Sections 101, 110, 111(c)(1), and 301 of the 
Clean Air Act authorize EPA to delegate authority to implement and 
enforce the standards set out in 40 CFR Part 60, NSPS. On November 30, 
1981, EPA initially delegated the authority for implementation and 
enforcement of the NSPS program to the MSDEQ. This agency has 
subsequently requested a delegation of authority for implementation and 
enforcement of the previously adopted, undelegated part 60 NSPS 
categories listed below.
    1. 40 CFR part 60, subpart Eb, adopted January 25, 1996.
    2. 40 CFR part 60, subpart Ec, adopted January 22, 1998.
    3. 40 CFR part 60, subpart WWW, adopted August 22, 1996.
    4. 40 CFR part 60, subpart AAAA, adopted August 22, 2002.
    5. 40 CFR part 60, subpart CCCC, adopted August 22, 2002.
    EPA's review of Mississippi's pertinent laws, rules, and 
regulations has shown them to be adequate for implementation and 
enforcement of these existing, previously adopted, undelegated NSPS. 
Based on this review, EPA has determined that delegation of the above-
referenced NSPS is appropriate, with the non-delegable exceptions noted 
below. All sources subject to the delegable requirements in these NSPS 
subparts will now be under the jurisdiction of the MSDEQ, although EPA 
reserves the right to implement the Federal NSPS directly and continues 
to retain concurrent enforcement authority. The NSPS subparts and 
portions of subparts that may not be delegated, and are therefore not 
delegated by this action are:

1. Subpart A--Sec.  60.8(b) (2) and (3), Sec.  60.11(e) (7) and (8), 
Sec.  60.13 (g), (i) and (j)(2)
2. Subpart B--Sec.  60.22, Sec.  60.27, and Sec.  60.29
3. Subpart Da--Sec.  60.45a
4. Subpart Db--Sec.  60.44b(f), Sec.  60.44b(g), Sec.  60.49b(a)(4)
5. Subpart Dc--Sec.  60.48c(a)(4)
6. Subpart Ec--Sec.  60.56c(i)
7. Subpart J--Sec.  60.105(a)(13)(iii), Sec.  60.106(i)(12)
8. Subpart Ka--Sec.  60.114a
9. Subpart Kb--Sec.  60.111b(f)(4), Sec.  60.114b, Sec.  
60.116b(e)(3) (iii) and (iv), Sec.  60.116b(f)(2)(iii)
10. Subpart O--Sec.  60.153(e)
11. Subpart EE--Sec.  60.316(d)
12. Subpart GG--Sec.  60.334(b)(2), Sec.  60.335(f)(1)
13. Subpart RR--Sec.  60.446(c)
14. Subpart SS--Sec.  60.456(d)
15. Subpart TT--Sec.  60.466(d)
16. Subpart UU--Sec.  60.474(g)
17. Subpart VV--Sec.  60.482-1(c)(2) and Sec.  60.484
18. Subpart WW--Sec.  60.496(c)
19. Subpart XX--Sec.  60.502(e)(6)
20. Subpart AAA--Sec.  60.531, Sec.  60.533, Sec.  60.534, Sec.  
60.535, Sec.  60.536(i)(2), Sec.  60.537, Sec.  60.538(e), Sec.  
60.539
21. Subpart BBB--Sec.  60.543(c)(2)(ii)(B)
22. Subpart DDD--Sec.  60.562-2(c)
23. Subpart III--Sec.  60.613(e)
24. Subpart NNN--Sec.  60.663(e)
25. Subpart RRR--Sec.  60.703(e)
26. Subpart SSS--Sec.  60.711(a)(16), Sec.  60.713(b)(1)(i), Sec.  
60.713(b)(1)(ii), Sec.  60.713(b)(5)(i), Sec.  60.713(d), Sec.  
60.715(a), Sec.  60.716
27. Subpart TTT--Sec.  60.723(b)(1), Sec.  60.723(b)(2)(i)(C), Sec.  
60.723(b)(2)(iv), Sec.  60.724(e), Sec.  60.725(b)
28. Subpart VVV--Sec.  60.743(a)(3)(v)(A) and (B), Sec.  60.743(e), 
Sec.  60.745(a), Sec.  60.746
29. Subpart WWW-- Sec.  60.754(a)(5)
30. Subpart CCCC--Sec.  60.2030(c)

    In addition, EPA is approving MSDEQ's ``adopt-by-reference'' 
delegation mechanism for future NSPS. EPA's review of the pertinent 
laws, rules, and regulations for the agency has shown them to be 
adequate for implementation and enforcement of existing, previously 
adopted, undelegated NSPS and future NSPS. Future NSPS regulations will 
contain a list of sections that cannot be delegated for that subpart. 
With this NSPS ``adopt-by-reference'' delegation mechanism in place, a 
new or revised NSPS promulgated by EPA will become effective in the 
State of Mississippi on the date the NSPS is adopted-by-reference 
pursuant to a rulemaking of the Mississippi Department of Environmental 
Quality, if the agency adopts the NSPS without change. EPA reserves the 
right to implement the Federal NSPS directly and continues to retain 
concurrent enforcement authority.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this action will not have 
a significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this action delegates pre-existing requirements under Federal law and 
does not impose any additional enforceable duty beyond that required by 
Federal law, it does not contain any unfunded mandate or significantly 
or uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This action also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely delegates the 
implementation and enforcement of an existing Federal standard and 
approves a delegation mechanism for future Federal standards, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. 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), because it is not economically significant. The Congressional 
Review Act, 5 U.S.C. 801 et seq., as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, does not apply because 
this action is not a rule, as that term is defined in 5 U.S.C. 804(3).

[[Page 13446]]

    In reviewing delegation requests and mechanisms for delegation, 
EPA's role is to approve state choices, provided that they meet the 
criteria of the Clean Air Act. In this context, in the absence of a 
prior existing requirement for the State to use voluntary consensus 
standards (VCS), EPA has no authority to disapprove a delegation 
request or disapprove a proposed delegation mechanism for failure to 
use VCS. It would thus be inconsistent with applicable law for EPA, 
when it reviews a delegation request or proposed delegation mechanism, 
to use VCS in place of a delegation request or proposed delegation 
mechanism that otherwise satisfies the provisions of the Clean Air Act. 
Thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
This action does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    This action granting delegation authority for implementation and 
enforcement of existing NSPS and approving a delegation mechanism for 
future NSPS is issued under the authority of sections 101, 110, 111, 
and 301 of the Clean Air Act, 42 U.S.C. 7401, 7410, 7411, and 7601.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 1, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
[FR Doc. E7-5261 Filed 3-21-07; 8:45 am]
BILLING CODE 6560-50-P


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