[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Unknown Section]
[Pages 34560-34564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16231]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6366-8]


Delegation of National Emission Standards for Hazardous Air 
Pollutants for Source Categories; State of Arizona; Pima County 
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 Pima County Department of 
Environmental Quality (PDEQ) in Arizona. The preamble outlines the 
process that PDEQ will use to receive delegation of any future NESHAP, 
and identifies the

[[Page 34561]]

NESHAP categories to be delegated by today's action. EPA has reviewed 
PDEQ'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 PDEQ the authority to implement and enforce the 
unchanged NESHAP categories listed in this rule.

DATES: This rule is effective on August 27, 1999 without further 
notice, unless EPA receives adverse comments by July 28, 1999. 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 Pima County Department of 
Environmental Quality (PDEQ's) program for accepting delegation of 
section 112 standards that are unchanged from Federal standards as 
promulgated (see 61 FR 55910). Additional revisions to that program 
were approved on September 23, 1998 (see 63 FR 50769). The approved 
program reflects an adequate demonstration by PDEQ of general resources 
and authorities to implement and enforce section 112 standards. 
However, formal delegation for an individual standard does not occur 
until PDEQ obtains the necessary regulatory authority to implement and 
enforce that particular standard, and EPA approves PDEQ's formal 
delegation request for that standard.
    PDEQ 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 Pima County Code. The 
details of this delegation mechanism are set forth in a Memorandum of 
Agreement (MOA) between PDEQ and EPA, and are available for public 
inspection at the U.S. EPA Region IX office (docket No. A-96-25).
    On May 12, 1999, PDEQ requested delegation for several individual 
section 112 standards that have been incorporated by reference into the 
Pima County 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 PDEQ'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, PDEQ is granted the authority to implement and enforce the 
requested NESHAPs. These delegations will be effective on August 27, 
1999. A table of the NESHAP categories that will be delegated to PDEQ 
is shown at the end of this rule. Although PDEQ 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 PDEQ.
    In its May 12, 1999 request, PDEQ 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). PDEQ 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 PDEQ.
    PDEQ 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 PDEQ.

[[Page 34562]]

B. Delegation Mechanism for Future Standards

    Today's document serves to notify the public of the details of 
PDEQ's procedure for receiving delegation of future NESHAPs. As set 
forth in the MOA, PDEQ intends to incorporate by reference, into the 
Pima County Code, each newly promulgated NESHAP for which it intends to 
seek delegation. PDEQ 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 adverse comments 
be filed. This rule will be effective August 27, 1999 without further 
notice unless the Agency receives adverse comments by July 28, 1999.
    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 August 27, 1999 and no further action will be taken on 
the proposed rule.

III. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, ``Enhancing the Intergovernmental Partnership,'' 
EPA may not issue a regulation that is not required by statute and that 
creates a mandate upon a state, local or tribal government, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by those governments, or EPA consults with 
those governments. If EPA complies by consulting, E.O. 12875 requires 
EPA to provide to OMB a description of the extent of EPA's prior 
consultation with representatives of affected state, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on state, local or tribal governments. Accordingly, 
the requirements of section 1(a) of E.O. 12875 do not apply to this 
rule.

C. Executive Order 13045

    ``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency. This rule is not subject to E.O. 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

D. Executive Order 13084

    Under E.O. 13084, ``Consultation and Coordination with Indian 
Tribal Governments,'' EPA may not issue a regulation that is not 
required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, E.O. 13084 requires EPA to 
provide to OMB, in a separately identified section of the preamble to 
the rule, a description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, E.O. 13084 requires EPA to develop an 
effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.'' Today's rule 
does not significantly or uniquely affect the communities of Indian 
tribal governments. Accordingly, the requirements of section 3(b) of 
E.O. 13084 do not apply to this rule.

E. 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 or local agency. 
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.

F. 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 private sector, of $100

[[Page 34563]]

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.

G. 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).

H. 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 August 27, 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. 7412.

    Dated: June 10, 1999.
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 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             X
F.........................  Synthetic Organic Chemical              X   ............            X             X
                             Manufacturing Industry.
G.........................  Synthetic Organic Chemical              X   ............            X             X
                             Manufacturing Industry:
                             Process Vents, Storage
                             Vessels, Transfer
                             Operations, and Wastewater.
H.........................  Organic Hazardous Air                   X   ............            X             X
                             Pollutants: Equipment Leaks.
I.........................  Organic Hazardous Air                   X   ............            X             X
                             Pollutants: Certain
                             Processes Subject to the
                             Negotiated Regulation for
                             Equipment.
L.........................  Coke Oven Batteries.........            X   ............            X             X
M.........................  Perchloroethylene Dry                   X   ............            X             X
                             Cleaning.
N.........................  Hard and Decorative Chromium            X   ............            X             X
                             Electroplating and Chromium
                             Anodizing Tanks.
O.........................  Ethylene Oxide Sterilization            X   ............            X             X
                             Facilities.
Q.........................  Industrial Process Cooling              X   ............            X             X
                             Towers.
R.........................  Gasoline Distribution                   X   ............            X             X
                             Facilities.
T.........................  Halogenated Solvent Cleaning            X   ............            X             X
U.........................  Group I Polymers and Resins.            X   ............            X             X
W.........................  Epoxy Resins Production and             X   ............            X             X
                             Non-Nylon Polyamides
                             Production.
X.........................  Secondary Lead Smelting.....            X   ............            X             X
CC........................  Petroleum Refineries........            X   ............            X             X
DD........................  Off-Site Waste and Recovery             X   ............            X             X
                             Operations.
EE........................  Magnetic Tape Manufacturing             X   ............            X             X
                             Operations.
GG........................  Aerospace Manufacturing and             X   ............            X             X
                             Rework Facilities.
JJ........................  Wood Furniture Manufacturing            X   ............            X             X
                             Operations.
KK........................  Printing and Publishing                 X   ............            X             X
                             Industry.
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                X   ............  ............            X
                             Organic-Water 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.


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[FR Doc. 99-16231 Filed 6-25-99; 8:45 am]
BILLING CODE 6560-50-P