[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Rules and Regulations]
[Pages 38478-38481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19136]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6123-4]


Delegation of National Emission Standards for Hazardous Air 
Pollutants for Source Categories; State of Arizona; Arizona Department 
of Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to delegate the authority to 
implement and enforce specific national emission standards for 
hazardous air pollutants (NESHAPs) to the Arizona Department of 
Environmental Quality (ADEQ) in Arizona. The preamble outlines the 
process that ADEQ will use to receive delegation of any future NESHAP, 
and identifies the NESHAP categories to be delegated by today's action. 
EPA has reviewed ADEQ's request for delegation and has found that this 
request satisfies all of the requirements necessary to qualify for 
approval. Thus, EPA is hereby granting ADEQ the authority to implement 
and enforce the unchanged NESHAP categories listed in this rule.

DATES: This rule is effective on September 15, 1998, without further 
notice, unless EPA receives relevant adverse comments by August 17, 
1998. If EPA receives such comment, then it will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Comments must be submitted to Andrew Steckel at the Region 
IX office listed below. Copies of the request for delegation and other 
supporting documentation are available for public inspection (docket 
number A-96-25) at the following location: U.S. Environmental 
Protection Agency, Region IX, Rulemaking Office (AIR-4), Air Division, 
75 Hawthorne Street, San Francisco, California 94105-3901.

FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Office (AIR-4), 
Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, California 94105-3901, (415) 744-1200.

SUPPLEMENTARY INFORMATION:

I. Background

    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

[[Page 38479]]

set out in 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(l) (see 58 
FR 62262).
    Any request for approval under CAA section 112(l) must meet the 
approval criteria in 112(l)(5) and 40 CFR Part 63, 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.
    On October 30, 1996, EPA approved the Arizona Department of 
Environmental Quality's (ADEQ's) program for accepting delegation of 
section 112 standards that are unchanged from Federal standards as 
promulgated (see 61 FR 55910). The approved program reflects an 
adequate demonstration by ADEQ of general resources and authorities to 
implement and enforce section 112 standards. However, formal delegation 
for an individual standard does not occur until ADEQ obtains the 
necessary regulatory authority to implement and enforce that particular 
standard, and EPA approves ADEQ's formal delegation request for that 
standard.
    ADEQ informed EPA that it intends to obtain the regulatory 
authority necessary to accept delegation of section 112 standards by 
incorporating section 112 standards into the Arizona Administrative 
Code. The details of this delegation mechanism are set forth in a 
Memorandum of Agreement (MOA) between ADEQ and EPA, and are available 
for public inspection at the U.S. EPA Region IX office (docket No. A-
96-25).
    On May 29, 1998, ADEQ requested delegation for several individual 
section 112 standards that have been incorporated by reference into the 
Arizona Administrative Code. The standards that are being delegated by 
today's action are listed in a table at the end of this rule.

II. EPA Action

A. Delegation for Specific Standards

    After reviewing ADEQ's request for delegation of various national 
emissions standards for hazardous air pollutants (NESHAPs), EPA has 
determined that this request meets all the requirements necessary to 
qualify for approval under CAA section 112(l) and 40 CFR 63.91. 
Accordingly, ADEQ is granted the authority to implement and enforce the 
requested NESHAPs. These delegations will be effective on September 15, 
1998. A table of the NESHAP categories that will be delegated to ADEQ 
is shown at the end of this rule. Although ADEQ will have primary 
implementation and enforcement responsibility, EPA retains the right, 
pursuant to CAA section 112(l)(7), to enforce any applicable emission 
standard or requirement under CAA section 112. In addition, EPA does 
not delegate any authorities that require implementation through 
rulemaking in the Federal Register, or where Federal overview is the 
only way to ensure national consistency in the application of the 
standards or requirements of CAA section 112.
    After a state or local agency has been delegated the authority to 
implement and enforce a NESHAP, the delegated agency becomes the 
primary point of contact with respect to that NESHAP. Pursuant to 40 
CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii), EPA Region IX waives the 
requirement that notifications and reports for delegated standards be 
submitted to EPA as well as to ADEQ.
    In its May 29, 1998 request, ADEQ included a request for delegation 
of the regulations implementing CAA section 112(i)(5), codified at 40 
CFR Part 63, Subpart D. These requirements apply to state or local 
agencies that have a permit program approved under title V of the Act 
(see 40 CFR 63.70). ADEQ received final interim approval of its title V 
operating permits program on October 30, 1996 (see 61 FR 55910). State 
or local agencies implementing the requirements under Subpart D do not 
need approval under section 112(l). Therefore, EPA is not taking action 
to delegate 40 CFR Part 63, Subpart D to ADEQ.
    ADEQ 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 apply to major sources only, and 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 ADEQ.

B. Delegation Mechanism for Future Standards

    Today's document serves to notify the public of the details of 
ADEQ's procedure for receiving delegation of future NESHAPs. As set 
forth in the MOA, ADEQ intends to incorporate by reference, into the 
Arizona Administrative Code, each newly promulgated NESHAP for which it 
intends to seek delegation. ADEQ will then submit a letter to EPA 
Region IX, along with proof of regulatory authority, requesting 
delegation for each individual NESHAP. Region IX will respond in 
writing that delegation is either granted or denied. If a request is 
approved, the delegation of authorities will be considered effective 
upon the date of the response letter from Region IX. Periodically, EPA 
will publish in the Federal Register a listing of the standards that 
have been delegated. Although EPA reserves its right, pursuant to 40 
CFR 63.96, to review the appropriateness of any future delegation 
request, EPA will not institute any additional comment periods on these 
future delegation actions. Any parties interested in commenting on this 
procedure for delegating future unchanged NESHAPs should do so at this 
time.

C. Opportunity for Public Comment

    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial action and anticipates no 
adverse comments. However, in the Proposed Rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal for this action should relevant adverse 
comments be filed. This action will be effective September 15, 1998, 
without

[[Page 38480]]

further notice unless the Agency receives relevant adverse comments by 
August 17, 1998.
    If EPA receives such comments, then EPA will publish a document 
withdrawing this final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting on this action is advised that this rule will 
be effective on September 15, 1998, and no further action will be taken 
on the proposed rule.

III. Administrative Requirements

A. Executive Orders 12866 and 13045

    The Office of Management and Budget has exempted this regulatory 
action from review under Executive Order (E.O.) 12866.
    This final rule is not subject to E.O. 13045, entitled ``Protection 
of Children from Environmental Health Risks and Safety Risks,'' because 
it is not an ``economically significant'' action under E.O. 12866.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    Delegations of authority to implement and enforce unchanged Federal 
standards under section 112(l) of the Clean Air Act do not create any 
new requirements but simply transfer primary implementation authorities 
to the State. Therefore, because this action does not impose any new 
requirements, the Administrator certifies that it does not have a 
significant impact on any small entities affected.

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to state, local, or tribal governments in the aggregate, or to 
private sector, of $100 million or more. Under section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the delegation action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either state, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under state or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to state, local, 
or tribal governments, or to the private sector, result from this 
action.

D. Submission to Congress and the General Accounting Office

    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 U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major'' rule as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 15, 1998. 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)).

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: June 26, 1998.
David P. Howekamp,
Director, Air Division, Region IX.

    Title 40, chapter I, part 63 of the Code of Federal Regulations is 
amended as follows:

PART 63--[AMENDED]

    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

    2. Section 63.99 is amended by adding paragraph (a)(3) to read as 
follows:


Sec. 63.99  Delegated federal authorities.

    (a) * * *
    (3) Arizona. The following table lists the specific Part 63 
standards that have been delegated unchanged to the air pollution 
control agencies in the State of Arizona. The (X) symbol is used to 
indicate each category that has been delegated.

                                Delegation Status for Part 63 Standards--Arizona                                
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          Subpart                      Description             ADEQ \1\     MCESD \2\     PDEQ \3\    PCAQCD \4\
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A..........................  General Provisions............            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.                                                      

[[Page 38481]]

                                                                                                                
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                                        
N..........................  Hard and Decorative Chromium              X                                        
                              Electroplating and Chromium                                                       
                              Anodizing Tanks.                                                                  
O..........................  Ethylene Oxide Sterilization              X                                        
                              Facilities.                                                                       
Q..........................  Industrial Process Cooling                X                                        
                              Towers.                                                                           
R..........................  Gasoline Distribution                     X                                        
                              Facilities.                                                                       
T..........................  Halogenated Solvent Cleaning..            X                                        
U..........................  Group I Polymers and Resins...            X                                        
W..........................  Epoxy Resins Production and               X                                        
                              Non-Nylon Polyamides                                                              
                              Production.                                                                       
X..........................  Secondary Lead Smelting.......            X                                        
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.                                                                
JJ.........................  Wood Furniture Manufacturing              X                                        
                              Operations.                                                                       
KK.........................  Printing and Publishing                   X                                        
                              Industry.                                                                         
OO.........................  Tanks--Level 1................            X                                        
PP.........................  Containers....................            X                                        
QQ.........................  Surface Impoundments..........            X                                        
RR.........................  Individual Drain Systems......            X                                        
VV.........................  Oil-Water Separators and                  X                                        
                              Organic-Water Separators.                                                         
JJJ........................  Group IV Polymers and Resins..           X                                         
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\1\ Arizona Department of Environmental Quality.                                                                
\2\ Maricopa County Environmental Services Department.                                                          
\3\ Pima County Department of Environmental Quality.                                                            
\4\ Pinal County Air Quality Control District.                                                                  

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[FR Doc. 98-19136 Filed 7-16-98; 8:45 am]
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