[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Rules and Regulations]
[Pages 63990-63993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30722]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6175-2]


Delegation of National Emission Standards for Hazardous Air 
Pollutants for Source Categories; State of Arizona; Pinal County Air 
Quality Control District

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

[[Page 63991]]

emission standards for hazardous air pollutants (NESHAPs) to the Pinal 
County Air Quality Control District (PCAQCD) in Arizona. The preamble 
outlines the process that PCAQCD will use to receive delegation of any 
future NESHAP, and identifies the NESHAP categories to be delegated by 
today's action. EPA has reviewed PCAQCD'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 PCAQCD the 
authority to implement and enforce the unchanged NESHAP categories 
listed in this rule.

DATES: This rule is effective on January 19, 1999 without further 
notice, unless EPA receives adverse comments by December 18, 1998. If 
EPA receives such comment, it will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Written 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 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 Pinal County Air Quality 
Control District's (PCAQCD'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 PCAQCD of general resources and authorities 
to implement and enforce section 112 standards. However, formal 
delegation for an individual standard does not occur until PCAQCD 
obtains the necessary regulatory authority to implement and enforce 
that particular standard, and EPA approves PCAQCD's formal delegation 
request for that standard.
    PCAQCD 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 Pinal County Air Quality 
Control District Code of Regulations. The details of this delegation 
mechanism are set forth in a Memorandum of Agreement (MOA) between 
PCAQCD and EPA, and are available for public inspection at the U.S. EPA 
Region IX office (docket No. A-96-25).
    On August 18, 1998, PCAQCD requested delegation for several 
individual section 112 standards that have been incorporated by 
reference into the Pinal County Air Quality Control District Code of 
Regulations. 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 PCAQCD'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, PCAQCD is granted the authority to implement and enforce 
the requested NESHAPs. These delegations will be effective on January 
19, 1999. A table of the NESHAP categories that will be delegated to 
PCAQCD is shown at the end of this rule. Although PCAQCD 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 sections 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 PCAQCD.
    In its August 18, 1998 request, PCAQCD 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). PCAQCD 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 PCAQCD.
    PCAQCD 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

[[Page 63992]]

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 PCAQCD.

B. Delegation Mechanism for Future Standards

    Today's document serves to notify the public of the details of 
PCAQCD's procedure for receiving delegation of future NESHAPs. As set 
forth in the MOA, PCAQCD intends to incorporate by reference, into the 
Pinal County Air Quality Control District Code of Regulations, each 
newly promulgated NESHAP for which it intends to seek delegation. 
PCAQCD 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 section 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 adverse comments 
be filed. This rule will be effective January 19, 1999 without further 
notice unless the Agency receives adverse comments by December 18, 
1998.
    If EPA receives such comments, then EPA will publish a timely 
withdrawal in the Federal Register 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 rule. Any parties 
interested in commenting on this rule should do so at this time. If no 
such comments are received, the public is advised that this rule will 
be effective on January 19, 1999 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 Executive Order (E.O.) 12866, entitled ``Regulatory 
Planning and Review.''
    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

    The Regulatory Flexibility Act generally requires an agency to 
conduct a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements unless the agency certifies 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 small governmental jurisdictions.
    This final rule will not have a significant impact on a substantial 
number of small entities because 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, I certify that this 
action will not have a significant impact on a substantial number of 
small entities.

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 
annual costs to state, local, or tribal governments in the aggregate, 
or to a 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 annual 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 Comptroller General

    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 January 19, 1999. 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. Section 7412.

    Date Signed: September 28, 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:

[[Page 63993]]

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 revising 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                                       X 
F...............  Synthetic Organic Chemical Manufacturing            X                                       X 
                   Industry.                                                                                    
G...............  Synthetic Organic Chemical Manufacturing            X                                       X 
                   Industry: Process Vents, Storage                                                             
                   Vessels, Transfer Operations, and                                                            
                   Wastewater.                                                                                  
H...............  Organic Hazardous Air Pollutants:                   X                                       X 
                   Equipment Leaks.                                                                             
I...............  Organic Hazardous Air Pollutants:                   X                                       X 
                   Certain Processes Subject to the                                                             
                   Negotiated Regulation for Equipment                                                          
                   Leaks.                                                                                       
L...............  Coke Oven Batteries.....................            X                                       X 
M...............  Perchloroethylene Dry Cleaning..........            X                                       X 
N...............  Hard and Decorative Chromium                        X                                       X 
                   Electroplating and Chromium Anodizing                                                        
                   Tanks.                                                                                       
O...............  Ethylene Oxide Sterilization Facilities.            X                                       X 
Q...............  Industrial Process Cooling Towers.......            X                                       X 
R...............  Gasoline Distribution Facilities........            X                                       X 
T...............  Halogenated Solvent Cleaning............            X                                       X 
U...............  Group I Polymers and Resins.............            X                                       X 
W...............  Epoxy Resins Production and Non-Nylon               X                                       X 
                   Polyamides Production.                                                                       
X...............  Secondary Lead Smelting.................            X                                       X 
CC..............  Petroleum Refineries....................            X                                       X 
DD..............  Off-Site Waste and Recovery Operations..            X                                       X 
EE..............  Magnetic Tape Manufacturing Operations..            X                                       X 
GG..............  Aerospace Manufacturing and Rework                  X                                       X 
                   Facilities.                                                                                  
JJ..............  Wood Furniture Manufacturing Operations.            X                                       X 
KK..............  Printing and Publishing Industry........            X                                       X 
OO..............  Tanks--Level 1..........................            X                                       X 
PP..............  Containers..............................            X                                       X 
QQ..............  Surface Impoundments....................            X                                       X 
RR..............  Individual Drain Systems................            X                                       X 
VV..............  Oil-Water Separators and Organic-Water              X                                       X 
                   Separators.                                                                                  
JJJ.............  Group IV Polymers and Resins............            X                                       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.                                                                  

[FR Doc. 98-30722 Filed 11-17-98; 8:45 am]
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