[Federal Register: June 7, 2004 (Volume 69, Number 109)]
[Rules and Regulations]
[Page 31742-31745]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn04-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[NV053-0076a; FRL-7670-1]
Delegation of National Emission Standards for Hazardous Air
Pollutants for Source Categories; State of Nevada; Nevada Division of
Environmental Protection--Bureau of Air Pollution Control
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is amending certain regulations to reflect the current
delegation status of national emission standards for hazardous air
pollutants (NESHAPs) in Nevada. Several NESHAPs were delegated to the
Nevada Division of Environmental Protection--Bureau of Air Pollution
Control on January 12, 2004, and the purpose of this action is to
update the listing in the Code of Federal Regulations.
DATES: This rule is effective on August 6, 2004, without further
notice, unless EPA receives adverse comments by July 7, 2004. If EPA
receives such comments, then it will publish a timely withdrawal in the
Federal Register informing the public that this direct final rule will
not take effect.
ADDRESSES: Send comments to Andrew Steckel, Rulemaking Office Chief
(AIR-4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street,
San Francisco, CA 94105-3901, or e-mail to
steckel.andrew@epa.gov, or submit comments at http://www.regulations.gov.
Copies of the request for delegation and other supporting
documentation are available for public inspection (docket
number A-96-25) at the following locations by appointment:
U.S. Environmental Protection Agency, Region IX, Rulemaking Office
(AIR-4), Air Division, 75 Hawthorne Street, San Francisco, California
94105-3901.
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail
Code 6102T), Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-
4124, wang.mae@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Delegation of NESHAPs
Section 112(l) of the Clean Air Act, as amended in 1990 (CAA),
authorizes EPA to delegate to State or local air pollution control
agencies the authority to implement and enforce the standards set out
in the Code of Federal Regulations, Title 40 (40 CFR), part 63,
National Emission Standards for Hazardous Air Pollutants for Source
Categories. On November 26, 1993, EPA promulgated regulations, codified
at 40 CFR part 63, subpart E (hereinafter referred to as ``Subpart
E''), establishing procedures for EPA's approval of State rules or
programs under section 112(1) (see 58 FR 62262). Subpart E was later
amended on September 14, 2000 (see 65 FR 55810).
Any request for approval under CAA section 112(l) must meet the
approval criteria in 112(l)(5) and subpart E. To streamline the
approval process for future applications, a State or local agency may
submit a one-time demonstration that it has adequate authorities and
resources to implement and enforce any CAA section 112 standards. If
such demonstration is approved, then the State or local agency would no
longer need to resubmit a demonstration of these same authorities and
resources for every subsequent request for delegation of CAA section
112 standards. However, EPA maintains the authority to withdraw its
approval if the State does not adequately implement or enforce an
approved rule or program.
B. NDEP Delegations
On May 27, 1998, EPA published a direct final action delegating to
the Nevada Division of Environmental Protection (NDEP) several NESHAPs
and approving NDEP's delegation mechanism for future standards (see 63
FR 28906). That action explained the procedure for EPA to grant
delegations to NDEP by letter, with periodic Federal Register listings
of standards that have been delegated. On November 21, 2003, the Nevada
Division of Environmental Protection--Bureau of Air Pollution Control
(NDEP-BAPC) requested delegation of the following NESHAPs contained in
40 CFR part 63:
Subpart F--National Emission Standards for Organic Hazardous
Air Pollutants from the Synthetic Organic Chemical Manufacturing
Industry
Subpart G--National Emission Standards for Organic Hazardous
Air Pollutants from the Synthetic Organic Chemical Manufacturing
Industry for Process Vents, Storage Vessels, Transfer Operations, and
Wastewater
Subpart H--National Emission Standards for Organic Hazardous
Air Pollutants for Equipment Leaks
Subpart I--National Emission Standards for Organic Hazardous
Air Pollutants for Certain Processes Subject to the Negotiated
Regulation for Equipment Leaks
Subpart L--National Emission Standards for Coke Oven Batteries
Subpart O--Ethylene Oxide Emission Standards for Sterilization
Facilities
Subpart R--National Emision Standards for Gasoline
Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout
Stations)
Subpart S--NESHAP from the Pulp and Paper Industry
Subpart U--National Emission Standards for Hazardous Air
Pollutant Emissions: Group I Polymers and Resins
Subpart W--NESHAP for Epoxy Resin Production and Non-Nylon
Polyamides Production
Subpart X--NESHAP from Secondary Lead Smelting
Subpart Y--NESHAP for Marine Tank Vessel Loading Operations
Subpart AA--NESHAP from Phosphoric Acid Manufacturing Plants
Subpart BB--NESHAP from Phosphate Fertilizers Production
Plants
Subpart CC--NESHAP from Petroleum Refineries
Subpart DD--NESHAP from Off-Site Waste and Recovery Operations
Subpart EE--NESHAP for Magnetic Tape Manufacturing Operations
Subpart GG--National Emission Standards for Aerospace
Manufacturing and Rework Facilities
Subpart HH--NESHAP from Oil and Natural Gas Production
Facilities
Subpart II--NESHAP for Shipbuilding and Ship Repair (Surface
Coating)
Subpart LL--NESHAP for Primary Aluminum Reduction Plants
Subpart SS--National Emission Standards for Closed Vent
Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas
System or a Process
Subpart TT--National Emission Standards for Equipment Leaks--
Control Level 1
Subpart UU--National Emission Standards for Equipment Leaks--
Control Level 2 Standards
Subpart WW--National Emission Standards for Storage Vessels
(Tanks)--Control Level 2
[[Page 31743]]
Subpart YY--NESHAP for Source Categories: Generic MACT
Standards
Subpart CCC--NESHAP for Steel Pickling--HCl Process Facilities
and Hydrochloric Acid Regeneration Plants
Subpart DDD--NESHAP for Mineral Wool Production
Subpart EEE--NESHAP from Hazardous Waste Combustors
Subpart GGG--National Emission Standards for Pharmaceuticals
Production
Subpart HHH--NESHAP from Natural Gas Transmission and Storage
Facilities
Subpart III--NESHAP for Flexible Polyurethane Foam Production
Subpart JJJ--National Emission Standards for Hazardous Air
Pollutant Emissions: Group IV Polymers and Resins
Subpart LLL--NESHAP from the Portland Cement Manufacturing
Industry
Subpart MMM--NESHAP for Pesticide Active Ingredient Production
Subpart NNN--NESHAP for Wool Fiberglass Manufacturing
Subpart OOO--National Emission Standards for Hazardous Air
Pollutant Emissions: Manufacture of Amino/Phenolic Resins
On January 12, 2004, EPA granted delegation to NDEP-BAPC for these
NESHAPs. EPA also delegated to NDEP-BAPC any amendments to previously-
delegated NESHAPs, as of July 1, 2000. Today's action is serving to
notify the public of the January 12, 2004, delegation and to codify
these delegations into the Code of Federal Regulations.
NDEP-BAPC also included a request for delegation of the regulations
implementing CAA sections 112(g) and 112(j), codified at 40 CFR part
63, subpart B. These requirements need not be delegated under the
section 112(l) approval process. When promulgating the regulations
implementing section 112(g), EPA stated its view that ``the Act
directly confers on the permitting authority the obligation to
implement section 112(g) and to adopt a program which conforms to the
requirements of this rule. Therefore, the permitting authority need not
apply for approval under section 112(l) in order to use its own program
to implement section 112(g)'' (see 61 FR 68397). Similarly, when
promulgating the regulations implementing section 112(j), EPA stated
its belief that ``section 112(l) approvals do not have a great deal of
overlap with the section 112(j) provision, because section 112(j) is
designed to use the title V permit process as the primary vehicle for
establishing requirements'' (see 59 FR 26447). Therefore, State or
local agencies implementing the requirements under sections 112(g) and
112(j) do not need approval under section 112(l). As a result, EPA is
not taking action to delegate 40 CFR Part 63, Subpart B, to NDEP-BAPC.
II. EPA Action
Today's document serves to notify the public that on January 12,
2004, EPA granted to NDEP-BAPC delegation for the NESHAPs listed above,
as well as any amendments to previously-delegated NESHAPs as of July 1,
2000. Today's action will codify these delegations into the Code of
Federal Regulations.
III. Administrative Requirements
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
merely updates the list of approved delegations in the Code of Federal
Regulations and imposes no additional requirements. 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.). Because this rule
does not impose any additional enforceable duty, 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 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 (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 updates the list of already-approved delegations, and
does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This rule 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.
In reviewing State delegation submissions, our role is to approve
State choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), we have no authority to
disapprove State submissions for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews State
submissions, to use VCS in place of State submissions that otherwise
satisfy the provisions of the CAA. 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 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 the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the United States Senate, the United States
House of Representatives, and the Comptroller General of the United
States prior to publication of this 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 6, 2004. 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 section 307(b)(2)).
[[Page 31744]]
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of section
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.
Dated: May 18, 2004.
Deborah Jordan,
Director, Air Division, Region IX.
0
Title 40, chapter I, part 63 of the Code of Federal Regulations is
amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
0
2. Section 63.99 is amended by revising paragraph (a)(28)(i) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(28) * * *
(i) The following table lists the specific part 63 standards that
have been delegated unchanged to the air pollution control agencies in
the State of Nevada. The (X) symbol is used to indicate each category
that has been delegated.
Delegation Status for Part 63 Standards--Nevada
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Subpart Description NDEP \1\ WCAQMD \2\ CCDAQM \3\
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A........................... General Provisions.............. X X
F........................... Synthetic Organic Chemical X
Manufacturing Industry.
G........................... Synthetic Organic Chemical X
Manufacturing Industry: Process
Vents, Storage Vessels,
Transfer Operations, and
Wastewater.
H........................... Organic Hazardous Air X
Pollutants: Equipment Leaks.
I........................... Organic Hazardous Air X
Pollutants: Certain Processes
Subject to the Negotiated
Regulation for Equipment Leaks.
L........................... Coke Oven Batteries............. X
M........................... Perchloroethylene Dry Cleaning.. X X
N........................... Hard and Decorative Chromium X X
Electroplating and Chromium
Anodizing Tanks.
O........................... Ethylene Oxide Sterilization X X
Facilities.
Q........................... Industrial Process Cooling X
Towers.
R........................... Gasoline Distribution Facilities X X
S........................... Pulp and Paper.................. X
T........................... Halogenated Solvent Cleaning.... X X
U........................... Group I Polymers and Resins..... X
W........................... Epoxy Resins Production and Non- X
Nylon Polyamides Production.
X........................... Secondary Lead Smelting......... X
Y........................... Marine Tank Vessel Loading X
Operations.
AA.......................... Phosphoric Acid Manufacturing X
Plants.
BB.......................... Phosphate Fertilizers Production X
Plants.
CC.......................... Petroleum Refineries............ X
DD.......................... Off-Site Waste and Recovery X
Operations.
EE.......................... Magnetic Tape Manufacturing X
Operations.
GG.......................... Aerospace Manufacturing and X
Rework Facilities.
HH.......................... Oil and Natural Gas Production X
Facilities.
II.......................... Shipbuilding and Ship Repair X
(Surface Coating).
JJ.......................... Wood Furniture Manufacturing X
Operations.
KK.......................... Printing and Publishing Industry X X
LL.......................... Primary Aluminum Reduction X
Plants.
OO.......................... Tanks--Level 1.................. X
PP.......................... Containers...................... X
QQ.......................... Surface Impoundments............ X
RR.......................... Individual Drain Systems........ X
SS.......................... Closed Vent Systems, Control X
Devices, Recovery Devices and
Routing to a Fuel Gas System or
a Process.
TT.......................... Equipment Leaks--Control Level 1 X
UU.......................... Equipment Leaks--Control Level 2 X
VV.......................... Oil-Water Separators and Organic- X
Water Separators.
WW.......................... Storage Vessels (Tanks)--Control X
Level 2.
YY.......................... Generic MACT Standards.......... X
CCC......................... Steel Pickling.................. X
DDD......................... Mineral Wool Production......... X
EEE......................... Hazardous Waste Combustors...... X
GGG......................... Pharmaceuticals Production...... X
HHH......................... Natural Gas Transmission and X
Storage Facilities.
III......................... Flexible Polyurethane Foam X
Production.
JJJ......................... Group IV Polymers and Resins.... X
LLL......................... Portland Cement Manufacturing X
Industry.
MMM......................... Pesticide Active Ingredient X
Production.
NNN......................... Wool Fiberglass Manufacturing... X
[[Page 31745]]
OOO......................... Manufacture of Amino/Phenolic X
Resins.
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\1\ Nevada Division of Environmental Protection.
\2\ Washoe County Air Quality Management Division.
\3\ Clark County Department of Air Quality Management.
* * * * *
[FR Doc. 04-12773 Filed 6-4-04; 8:45 am]
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