[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Rules and Regulations]
[Pages 13912-13914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5976]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 61

[FRL-5169-9]


Approval of Delegation of Authority; National Emission Standards 
for Hazardous Air Pollutants; Radionuclides; Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is granting delegation of authority to the State of Utah 
to implement and enforce five National Emission Standards for Hazardous 
Air Pollutants (NESHAP) for radionuclides. The Governor of Utah 
requested delegation from EPA Region VIII in a letter dated June 4, 
1993. EPA has reviewed the application and has reached a decision that 
the State of Utah has satisfied all of the requirements necessary to 
qualify for approval of delegation. The effect of this action allows 
the State of Utah to implement and enforce specific radionuclide 
NESHAP.

DATES: This action is effective May 15, 1995 unless adverse comments 
are received by April 14, 1995. If the effective date is delayed due to 
comments, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be submitted to Patricia D. Hull, 
Director, Air, Radiation & Toxics Division, Environmental Protection 
Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado 
80202-2466 and concurrently to Russell A. Roberts, Director, Division 
of Air Quality, Department of Environmental Quality, 1950 West North 
Temple, Salt Lake City, Utah 84114-4820. A docket containing the State 
of Utah's submittals are available for public inspection during normal 
business hours at the above locations.

FOR FURTHER INFORMATION CONTACT: T. Scott Whitmore at (303) 293-1758.

SUPPLEMENTARY INFORMATION:

Background

    Due to the unique nature of radionuclide materials, delegation of 
authority to states to implement and enforce a NESHAP program for 
radionuclides has not been automatic. EPA's regional offices have 
traditionally assumed the lead responsibility for administering the 
radionuclides NESHAP. Because of the EPA Administrator's commitment to 
enable state and local governments, as partners, to implement and 
enforce the requirements of the Clean Air Act as amended in 1990 (CAA), 
EPA wishes to extend delegated authority for the radionuclides program 
to the states.
    The State of Utah received financial assistance from EPA to develop 
the radiation expertise and experience in implementing and enforcing an 
effective radionuclides NESHAP program. Under a radionuclides NESHAP 
grant workplan, the Department of Environmental Quality, State of Utah, 
has developed an approvable program which includes the following 
regulatory elements: emission limits, test methods, reporting and 
monitoring requirements, enforcement authority, surveillance and public 
notification procedures. Accordingly, the Governor of Utah submitted a 
letter, dated June 4, 1993, requesting delegation of authority to 
implement and enforce the radionuclides NESHAP, 40 CFR part 61, 
subparts B, Q, R, T, and W.
    As required by 40 CFR 63.91(a)(2), the EPA is seeking public 
comments for 30 days. The comments shall be submitted concurrently to 
the State of Utah and to EPA. The State of Utah can then submit a 
response to the comments to EPA.
    EPA is approving the State of Utah's request for delegation as a 
direct final rule without prior proposal because EPA views this as a 
noncontroversial action and anticipates no adverse comments. If no 
adverse comments are received in response to this rule, this Federal 
Register document will serve as the final notice of the approval to 
delegate the implementation and enforcement of this program. The 
effective date will be 60 days from the date of this publication and no 
further activity will be contemplated in relation to this rule. If EPA 
receives adverse comments, the direct final rule will be withdrawn and 
all public comments received will be addressed in a subsequent final 
rule based on the accompanying proposed rule which appears in the 
Proposed Rule Section of this Federal Register. However, EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time.

Final Action

    EPA has reviewed the pertinent statutes and regulations of the 
State of Utah and the grant workplan accomplishments and has determined 
that the State of Utah meets all of the statutory and regulatory 
requirements established by Section 112 of the Clean Air Act as amended 
in 1990 for the implementation and enforcement of the radionuclides 
NESHAP. Therefore pursuant to section 112(l) of the Clean Air Act as 
amended in 1990, 42 U.S.C. 7412(l), and 40 CFR 63.91, EPA hereby 
delegates its authority for the implementation and enforcement of the 
following National Emission Standards for Radionuclides for all sources 
located, or to be located in the State of Utah:
    (1) National Emission Standards for Radon Emissions from 
Underground Uranium Mines (40 CFR part 61, subpart B),
    (2) National Emission Standards for Radon Emissions from Department 
of Energy Facilities (40 CFR part 61, subpart Q),
    (3) National Emission Standards for Radon Emissions from 
Phosphogypsum Stacks (40 CFR part 61, subpart R),
    (4) National Emission Standards for Radon Emissions from the 
Disposal of Uranium Mill Tailings (40 CFR part 61, subpart T). Note 
that subpart T was amended on July 15, 1994 (59 FR 36283) and now only 
applies to unlicensed disposal sites that are under the control of the 
Department of Energy.
    (5) National Emission Standards for Radon emissions from Operating 
Mill Tailings (40 CFR part 61, subpart W).
    Not all authorities for the NESHAP can be delegated to the state. 
The EPA Administrator retains authority to implement those sections of 
the NESHAP that require approval of equivalency determinations and 
alternative test methods, decision-making to ensure national 
consistency, and EPA rulemaking to implement including but not limited 
to the following provisions of 40 CFR part 61:
    (1) 40 CFR 61.04(b), which pertains to permitting the submission of 
reports to the state only, instead of EPA and the state,
    (2) 40 CFR 61.12(d)(1), which pertains to permitting an alternative 
means of emission limitation,
    (3) 40 CFR 61.13(h)(1)(ii), which pertains to approval of the use 
of an alternative method of emission tests.
    As the radionuclides NESHAP are updated, Utah should revise its 
rules [[Page 13913]] and regulations accordingly and in a timely 
manner.
    EPA retains concurrent enforcement authority. If at any time there 
is a conflict between the state and federal regulations, the federal 
regulations must be applied if they are more stringent than the state 
regulations.
    Note that the only NESHAP for radionuclides for which Utah did not 
request delegation and for which Utah may presently have sources is 40 
CFR part 61, subpart I, National Emission Standards for Radionuclide 
Emissions from Facilities Licensed by the Nuclear Regulatory Commission 
and Federal Facilities Not Covered by subpart H. Subpart I was stayed 
by EPA. The stay expired on November 15, 1992 and subpart I reporting 
began on March 31, 1994.
    Effective May 15, 1995 all notices, reports, and other 
correspondence required under subparts B, Q, R, T, and W should be sent 
to the State of Utah rather than to EPA Region VIII, Denver, Colorado.

List of Subjects in 40 CFR Part 61

    Environmental protection, Air pollution control, Intergovernmental 
relations, Radiation protection.

    Dated: February 23, 1995.
Kerrigan Clough,
Acting Regional Administrator, Region VIII.

    For reasons set forth in the preamble, 40 CFR part 61 is amended as 
follows:

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

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

    Authority: 42 U.S.C. 7412.

Subpart A--General Provisions

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


Sec. 61.04  Address.

* * * * *
    (c) * * *

         Region VIII.--Delegation Status of National Emission Standards for Hazardous Air Pollutants\1\         
----------------------------------------------------------------------------------------------------------------
              Subpart                    CO         MT\2\        ND\2\        SD\2\        UT\2\          WY    
----------------------------------------------------------------------------------------------------------------
A--General Provisions.............          (*)          (*)          (*)          (*)          (*)  ...........
B--Radon Emissions from                                                                                         
 Underground Uranium Mines........  ...........  ...........  ...........  ...........          (*)  ...........
C--Beryllium......................          (*)          (*)          (*)  ...........          (*)  ...........
D--Beryllium Rocket Motor Firing..          (*)          (*)          (*)  ...........          (*)  ...........
E--Mercury........................          (*)          (*)          (*)  ...........          (*)  ...........
F--Vinyl Chloride.................          (*)          (*)          (*)  ...........          (*)  ...........
H--Emissions of Radionuclides                                                                                   
 other than Radon from Department                                                                               
 of Energy Facilities.............  ...........  ...........  ...........  ...........  ...........  ...........
I--Radionuclide Emissions from                                                                                  
 Facilities Licensed by the                                                                                     
 Nuclear Regulatory Commission and                                                                              
 Federal Facilities not covered by                                                                              
 Subpart H........................  ...........  ...........  ...........  ...........  ...........  ...........
J--Equipment Leaks (Fugitive                                                                                    
 Emission Sources) of Benzene.....          (*)          (*)          (*)  ...........          (*)  ...........
K--Radionuclide Emissions from                                                                                  
 Elemental Phosphorus Plants......  ...........  ...........  ...........  ...........  ...........  ...........
L--Benzene Emissions from Coke By-                                                                              
 Product Recovery Plants..........  ...........          (*)          (*)  ...........          (*)  ...........
M--Asbestos.......................          (*)          (*)          (*)          (*)          (*)       \3\(*)
N--Inorganic Arsenic Emissions                                                                                  
 from Glass Manufacturing Plants..  ...........          (*)          (*)  ...........          (*)  ...........
O--Inorganic Arsenic Emissions                                                                                  
 from Primary Copper Smelters.....  ...........          (*)          (*)  ...........          (*)  ...........
P--Inorganic Arsenic Emissions                                                                                  
 from Arsenic Trioxide and                                                                                      
 Metallic Arsenic Production                                                                                    
 Facilities.......................  ...........          (*)          (*)  ...........          (*)  ...........
Q--Radon Emissions from Department                                                                              
 of Energy Facilities.............  ...........  ...........  ...........  ...........          (*)  ...........
R--Radon Emission from                                                                                          
 Phosphogypsum Stacks.............  ...........  ...........  ...........  ...........          (*)  ...........
T--Radon Emissions from the                                                                                     
 Disposal of Uranium Mill Tailings  ...........  ...........  ...........  ...........          (*)  ...........
V--Equipment Leaks (Fugitive                                                                                    
 Emission Sources)................  ...........          (*)          (*)  ...........          (*)  ...........
W--Radon Emissions from Operating                                                                               
 Mill Tailings....................  ...........  ...........  ...........  ...........          (*)  ...........
Y--Benzene Emissions from Benzene                                                                               
 Storage Vessels..................  ...........          (*)          (*)  ...........          (*)  ...........
BB--Benzene Emission from Benzene                                                                               
 Transfer Operations..............  ...........          (*)          (*)  ...........          (*)  ...........
FF--Benzene Waste Operations......  ...........          (*)  ...........  ...........          (*)  ...........
----------------------------------------------------------------------------------------------------------------
(*)Indicates approval of delegation of subpart to state.                                                        
\1\Authorities which may not be delegated include 40 CFR 61.04(b), 61.12(d)(1), 61.13(h)(1)(ii), 61.112(c),     
  61.164(a)(2), 61.164(a)(3), 61.172(b)(2)(ii)(B), 61.172(b)(2)(ii)(C), 61.174(a)(2), 61.174(a)(3), 61.242-     
  1(c)(2), 61.244, and all authorities listed as not delegable in each subpart under Delegation of Authority.   
\2\Indicates approval of National Emission Standards for Hazardous Air Pollutants as part of the State          
  Implementation Plan (SIP) with the exception of the radionuclide NESHAP Subparts B, Q, R, T, W which were     
  approved through Section 112(l) of the Clean Air Act.                                                         
\3\Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations,    
  insulating materials, waste disposal for demolition, renovation, spraying, manufacturing and fabricating      
  operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that   
  convert asbestos-containing waste material into nonasbestos (asbestos-free) material.                         

[[Page 13914]] [FR Doc. 95-5976 Filed 3-14-95; 8:45 am]
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