Document ymr5weyjyyD6oZER68bd8yRZX

/fT^ /full t-^/ " ._ I'diL^................... /#-// -? FEDERAL REGISTER, VOl. 41, NO. 19)--THURSDAY, SEPTEMBER 30, 197* DTH 000115121 [FRI. 624-1} - TANDARDS OF PERFORMANCE FOR NSW STATIONARY SOURCES AND NATIONAL EMISSION STANDARDS FOR HAZARD OUS AIR POLLUTANTS \ Delegation of Authority to the Stats of. Indiana Pursuant to section 111 of the Clean,ir Act. as amended, the Administrator i the Environmental Protection Agency ^PA) promulgated regulations estabtnmj standards of performance on >ecem'oer 23, 1971 (36 FR 243761, -and i March 8, 1974 (39 FR 9308), fofflve ritegorlea and seven categories of new rationary sources (NSPS). respectively, a April 6, 1973 (38 FR 8320), pursuant * section 112 of the Clean. Air Act, as mended, the Administrator promul- ated national emission standards for aree hazardous " air pollutants j ...... ___ quest for delegation oi authority to the State . of Indiana for nsplemesiatlon and enforce ment of the Standards of P"rformanee for New Stationary Sources (NSPS) and the National Emissions Standards for Hazardous | Air Pollutants (NESHAPS). I VTe have reviewed the submitted material, ! Including pertinent laws and regulations of the State of Indiana, and have consulted ! with members of your Air Pollution Control * Agency on 'fay 30, 1C74 and October 18, ; 1574. It has been determined that the State j of Indiana has an adequate and elective L procedure for implementation- and enforce- j irent of the NSPS and NESHAPS. Therefore, subject to the specific conditions and excep tions set forth below, we hereby grant dele gation of authority to implement and enforce the NSPS and NESHAPS to the State of Indiana as fellows: A. Authority for ail sources located in the State of Indiana subject to the standards of performance for new stationary sources pub- llshed la 40 CPU Part 00,1 Subparts D i through O as amended by 40 FR 46250 Octo provisions for granting variances, hence tf-*e delegation does not convey authority to U." State c? Indiana to grant 'vs riauces. 3. The Indiana Air Pollution Control Bu-ipI and EPA, Region V will develop a system f . communication for the purpose of insuring that each office is informed on (a) the cur rent compliance status of subject sources In i the State of Indiana, (b) the interpretation o: applicable regulations, and (c) the d>- i scription of sources and source inventory } data. 7. At no time shall the State of Inrttiiim enforce a State regulation ic<t stringent t<m/> the Federal requirements for NSPS and i NESHAPS (40 CNR Parts 60 and M iu amended). 8r Enforcement of the NSPS and KESHA t".'I , in the State of Indiana wi)! he the primary responsibility of the State of Indiana. If. alter appropriate discussion with-the In diana Air Pollution Control Board, tire It*'- ; gional Administrator determines that a State procedure for implementing and enforcin'-: the NSPS or NESHAPS is inadequate, or l* NESHAPS). Sections 111(c) and 112 ber 8, 1975 and 40 FR 53418 December 16. not being effectively carried out, this delega d) direct the Administrator to delegate is authority to Implement and enforce :S?9 and NESHAPS to any State which a3 submitted adequate procedures, ieverthelesa. the Administrator retains oncurrent authority to implement and rJorce the starsdards-Ioliowing deleg3- 1575. The 12 categories of new sources cov ered by iho delegation are fossil fuel-fired steam generator units greater than 250 mil lion BTHs per hour, incinerator units greater than 50 tons per day. Portland cement plants, nitric odd plants, sulfuric acid plants, as phalt concrete plants, petroleum refineries, storage vessels for petroleum liquids, sec tion may be revolted in whole or In part. Any such revocation shall be effective as of the date specified in a Notice of Revocation < - the Governor of the State of Indiana. 9. If tne State of Indiana determines that j a violation o a delegated NSPS aid I NESHAPS exists, the Indiana Afr Pol)uti*>u * Control Board snail immediately notify nt'A. ion/ "ifhority to the State. <X / 23. 1373. the Regional Arimlr.- trator. Region V. EPA. forwarded to he State of Indiana Information setting artn the requirements for an adequate irccedure for Implementing and enforc*.c the standards for NSPS and IESHAPS. On March 6, 1974. the Govrr.or of Indiana, submitted a request to he EPA. Region V office for delegation i authority to the Indiana Air Pdlu:on Control Beard (XAPCB). On Decem- [ er 3. 1974, and January 23. 1973, the AFC3- provided supplemental-material; .udltlonaliy on February 28, 1975, the APCB clarffied the delegation request to nclude aQ twelve (12) categories of new curses, in addition to the three haaard- emission standards. Included in tha cquest was a description of the preee- ruuea to be'utHteed by the State in ex- ireising the delegated authority. Also . . tur.'uded were copies of the State- law ur.d regulations which provide tha State ,:h the requisite authority to imple ondary brass and bronze ingot production Region V, of the nature of the*violation plants, iron and steel plants, secondary lead together with a brief description of Stats smelters and sewage treatment plants. -- efforts or strategy to secure eomr*Uaace. ERA B. Authority for all sources located In the may exercise its concurrent enforcement au State of Indiana subject to the national j thority pursuant to section 113 of the C'*:** i emission standards for hazardous air pol- f~ ~ Air Act. as amended, with regard to any vt<>- i lutants promulgated in 40 CFR Part 61, Sub- i lations of the NSPS and NESHAPS mg Mia- , parts B through 3, 33 amended by 40 FR j tions. 43292, October 14, 2975. The three haza-dou3 .... 10. The Indiana Air Pollution Control; air pollutants covered by the delegation are i Eoard will utilize the methods specified l asbestos, beryllium and mercury. 40 CFR Parts 60 and 81 as amended by <" These delegations are based upon the lol- ._ lowing conditions: FR 46250 October 6. 1975 and 40 FR WW October 14, 1975 in performing source tent, pursuant to the regulations. 1. Acceptance of this delegation of the A Notice announcing this delegation will presently promulgated NSPS and NESHAPS be published In the Fsoeuu. Reojstsi in tl> does not commit the St3te of Indiana to near future. The Notice mil state, among request or accept delegation of future other things, that effective immediately, ail standards and requirements for ether source reports required pursuant to the Federal categories or pollutants. A new request for NSPS and NESHAPS from sources located i*j delegation will be required for such stand- ; the State of Indiana shall he submitted t" ard3 not included In the Elite's request of ; the Indiana Air Pollution Control Board, i'l-.u February 23, 1975. West Michigan Street, Indianapolis, Indiana 3. Boon approval of the Regional Admin- i 4S2C8, as well as the EPA Region V Oliv o istrator of Region V, the Technical Secretary ' of the Indiana Air Pollution Control Board - may subde'esrato his authoritv to implement a.id enforce the NSP3 and NESHAPS to other air pollution control agencies In the State However, reports required pursuant to to CFR 60.7(c) (excess emissions and malfunotions) will be submitted to the State Agency only. Any such reports which have been *,r whan the agencies have demonstrated that may be received by EPA, Region V, will b* ment and enforce the NSPS and they have equivalent or more stringent pro promptly transmitted to the Indiana Air i'ol JBHAFS. After a thorough review or request, the Regional Administra- :cr has determined that delegation Is ap: priate for the source categories set ,, -'_h in paragraphs (A) ar.d (B) of the lowing official letter to the Governor .. Indiana, sub Sect to the terms set forth grams in force. ~ 3. Since the two year period In which USEPA may grant waivers from compliance with NESHAPS has expired, EPA, Region V --------- can not delegate waiver granting authority. Therefore, the State of Indiana vriil at no time grant a waiver of compliance with _______ NESHAPS. lution Control Board. Although this delegation is effect*. : i mediately, and although there is no requu** - -- ment that the State notify epa of ceptance, we would appreciate written no"' " cf acceptance or objection to the -lBo-. s **** . ditioru- within 15 dal's of the oato of recoil*1 a conditions 1 through 10 of that letter: - V----3 MAIL C:'21PT SSQCBST2D 4. This delegation to the State of Indiana does not include the authority to implement and enforce NSPS and NESHAPS for sources --------- owned or operated by the United S'c-t-M i of this letter. Should no notice be r-< *! >' wo will proceed with public pt;*r of 1''' delegation in the FhDZEa:. R.-:*5'svxn. .uincerely yours, vCr R. Bowsw, MX, which are located in the State. This condi .Tjnior of l rullana, tion in no way relieve-, any Federal facility r.'-ianapolis, Indiana 46204. ---------from meeting NSPS and NESHAPS. 5. Federal NSPS and NESH-iPS *40 CFR .'Izak Gcvisncb Bowen: This office ha9 r- a 'r'i your March 6, 1574 submittal and tha Parts 60 and 61 e-s amended) do not have I- -/.eioental material provided by the - `.-.to Air Pollution Control Bo'.tc* on re- 1 All references to the c?TS in this deiega- .--I- 3. 1974; *:u;'.: tv 2'.), 1'.'75: Mid Jh'.ir- r--'.of Ju." l GEOSCE R. AhEXANDEZ. Jr.. Regional Administrator Therefore, pursuant to the authority delegated to him 'ey the Auailnlstrator. -- the Regional Adaiiairt.-ator ncticed > > ObtY'-'-.or of Indiana Apru 21, Jf!'->. that authority to tap.'cmeht . .1 er-fo<- < fee standards of performance for new' stationary sources, and the national |-- omission standards for hazardous air j pollutants was delegated to the State of Indiana. Copies of the request, for delegation of ! authority are available for public in- j speGtlon si the Environmental Protec- r--------- tion Agency. Region V Office, 230 South j Dearborn Street, Chicago, Illinois 60604. Effective immediately, all reports re- cuired pursuant to the standards of per- f formance for new stationary sources and j ~ the national emission standards forj hazardous air pollutants for sources and! pollutants listed in the above letter; -- should be submitted to the EFA Region;----------- V Office and should also be submitted to j the State Agency at the following ad-! - dress: Indiana Air Pollution Control;---------- Board, 1330 West Michigan Street, Indi- j' anapolis. Indiana 45206. However, re- ____ ' ports required pursuant to 40 CPR " 60.7(c) (excess emissions and malfunc tions) should be sent to the State Agency ~ only. . - ----------- This Notice is issued-under the au thority of sections 111 and 112 of the Clean Air Act, as amended. 42 U.S.C. ----------- George R. Alexander, Jr., - Regional.Administrator. [PR Doc.70-28508, Piled 9-29-76;8:45 a.m.) -