[Federal Register Volume 67, Number 182 (Thursday, September 19, 2002)]
[Rules and Regulations]
[Pages 59001-59005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23728]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7378-4]


Approval of Section 112(l) Authority for Hazardous Air 
Pollutants; Delegation of Section 111 and Section 112 Standards; State 
of New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; delegation of authority.

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SUMMARY: EPA is taking direct final action to approve New Hampshire 
Department of Environmental Services' (NH DES) request for delegation 
of authority to implement and enforce its New Source Performance 
Standards (NSPSs) and National Emission Standards for Hazardous Air 
Pollutants (NESHAPs) which have been adopted by reference into New 
Hampshire's state regulations from the Federal requirements set forth 
in the Code of Federal Regulations. In addition, EPA is taking direct 
final action to approve NH DES's mechanism for receiving delegation of 
future NESHAPs and NSPSs. This approval delegates standards for both 
major and area sources and will automatically delegate future 
regulations and amendments to regulations once NH DES incorporates 
these regulations and amendments into its regulations. EPA is taking 
this action in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on November 18, 2002, without further 
notice, unless EPA receives adverse comments by October 21, 2002. 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: Written comments must be submitted to Steven Rapp, Manager, 
Air Permits, Toxics and Indoor Programs Unit, Office of Ecosystem 
Protection (mail code CAP) at the EPA New England office listed below 
and to Barbara L. Hoffman, Stationary Source Planning Manager, at the 
New Hampshire Department of Environmental Services office listed below. 
Copies of NH DES's request for approval are available for public 
inspection at the following locations:
    U.S. Environmental Protection Agency, EPA-New England, Office of 
Ecosystem Protection, One Congress Street, Suite 1100, Boston, MA 
02114-2023.
    New Hampshire Department of Environmental Services, Air Resources 
Division, 6 Hazen Drive, Concord, NH 03302-0095.

FOR FURTHER INFORMATION CONTACT: Susan Lancey, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA-New England, One 
Congress Street, Suite 1100 (CAP), Boston, MA 02114-2023, Telephone: 
(617) 918-1656.

SUPPLEMENTARY INFORMATION:

Outline

I. Background
II. Has EPA Previously Delegated NSPS and NESHAP Standards to New 
Hampshire?
III. What Is NH DES Now Requesting?
IV. What Criteria Must NH's Program Meet To Be Approved?
V. Which Part 63 General Provisions Did NH DES Request Delegation 
for?
VI. What Action Is EPA Taking?
VII. Administrative Requirements

I. Background

    Under section 112(l) of the CAA, EPA may delegate Federal section 
112 rules without changes to states or approve state programs in lieu 
of the Federal section 112 rules. The Federal regulations governing 
EPA's approval of state and local rules or programs under section 
112(l) are located at 40 CFR part 63, subpart E (See 65 FR 55810, dated 
September 14, 2000). Under these rules, EPA may approve state programs 
to implement and enforce the Federal section 112 rules without changes. 
This is referred to as straight delegation. In addition, EPA may 
approve state requests for one-time approval of their mechanism for 
taking delegation of future unchanged Federal section 112 rules, 
emission standards and requirements. To receive EPA approval for 
straight delegation, the requirements of 40 CFR 63.91 must be met.

II. Has EPA Previously Delegated NSPS and NESHAP Standards to New 
Hamsphire?

    NH DES has been delegated the authority by EPA to implement and 
enforce certain NSPS codified at 40 CFR part 60, certain NESHAPs 
codified at 40 CFR part 61, and certain NESHAP referred to as Maximum 
Achievable Control Technology (MACT) standards codified at 40 part CFR 
63. This delegation of authority was approved by EPA in the Federal 
Register on August 14, 1996 (See 61 FR 42222). This delegation extended 
only to facilities subject to New Hampshire's title V permit program 
and applied to existing standards. Under this delegation mechanism, 
delegation occurred upon incorporation of the MACT standard into the 
source's title V operating permit. In the August 14, 1996 Federal 
Register, EPA also proposed to approve this delegation mechanism for 
delegation of future standards. On October 2, 1996 (See 61 FR 51370), 
EPA approved this delegation mechanism.

III. What Is NH DES Now Requesting?

    On May 9, 2002, the NH DES submitted a request to EPA to receive 
straight delegation of authority to implement and enforce the NESHAP 
and NSPS \1\ regulations for both major and area sources under a new 
delegation mechanism. NH DES is now requesting to take delegation of 
these standards by incorporating these standards into NH DES's 
regulations. On April 5, 2002, DES adopted a rule, Env-500, that 
incorporates by reference NSPS and NESHAP regulations as set forth in 
the Code of Federal Regulations as of July 1, 2001. In addition, NH DES 
incorporated 40 CFR part 63 subpart D, Regulations Governing Compliance 
Extensions for Early Reductions of Hazardous Air Pollutants. NH DES has 
incorporated all NSPS and NESHAP regulations as indicated in Table 1 
and requested delegation of these standards. NH DES did not incorporate 
40 CFR part 63, subpart M--national perchloroethylene air emission 
standards for dry cleaning facilities. NH DES intends to continue 
implementing and enforcing this standard only for

[[Page 59002]]

facilities subject to the title V permit program, consistent with EPA's 
previous delegation of that standard to DES on August 14, 1996. NH DES 
also did not incorporate certain standards where the state has no 
applicable sources. For example, New Hampshire does not have any coke 
ovens or magnetic tape manufacturers. Therefore, NH DES did not 
incorporate subpart L, the national emission standard for hazardous air 
pollutants for coke oven batteries nor subpart EE, the national 
emission standard for hazardous air pollutants for magnetic tape 
manufacturing operations. In addition, NH DES has incorporated by 
reference 40 CFR 61, subpart M--national emission standards for 
asbestos, with the exception of 40 CFR 61.151, standard for inactive 
waste disposal sites for asbestos mills and manufacturing and 
fabricating operations. On June 28, 2002, NH DES submitted a partial 
rule substitution request to EPA pursuant to 40 CFR 63.93 for a portion 
of that rule and is therefore not requesting straight delegation of 
section 61.151. Please refer to Table 1 for a complete list of the 
standards that NH DES is requesting delegation for as set forth in the 
Code of Federal Regulations as of July 1, 2001.
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    \1\ Please note Federal rulemaking is not required for 
delegation of section 111 standards.
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    In addition, NH DES requested that EPA approve NH DES's delegation 
mechanism for delegation of all future standards. NH DES's delegation 
mechanism is to incorporate all new or revised standards by reference 
and to receive future delegation upon adoption by NH DES of the new or 
revised standards. The details of this delegation mechanism are set 
forth in Attachment 2 to the NH DES delegation request letter dated May 
9, 2002.

IV. What Criteria Must NH's Program Meet To Be Approved?

    Section 112(l)(5) of the Act requires that a state's NESHAP program 
contain adequate authorities, adequate resources for implementation, 
and an expeditious compliance schedule. These are also requirements for 
an adequate operating permits program under 40 CFR part 70. On 
September 24, 2001, EPA promulgated full approval of the State's 
operating permits program as administered by NH DES. (See 66 FR 48806) 
In addition, on May 16, 2001, EPA has already provided ``up-front'' 
approval of the NH DES NESHAP program in accordance with 40 CFR section 
63.91(d). (See 66 FR 27032) Under section 63.91(d)(2), once a state has 
satisfied up-front approval criteria, it needs only to reference the 
previous demonstration and reaffirm that it still meets the criteria 
for any subsequent submittals. NH DES has affirmed that it still meets 
the up-front approval criteria.

V. Which Part 63 General Provisions Did NH DES Request Delegation for?

    Under section 63.91(g), EPA has identified which part 63 general 
provisions may be delegated to state/local/tribal (S/L/T) agencies and 
which general provisions must be retained by EPA. NH DES has 
incorporated part 63 subpart A in its entirety but has requested that 
EPA delegate only the delegable authorities of the part 63 general 
provisions as identified in section 63.91(g)(i). The delegable 
authorities include the following:

(A) Section 63.1, Applicability Determinations
(B) Section 63.6(e), Operation and Maintenance Requirements--
Responsibility for Determining Compliance
(C) Section 63.6(f), Compliance with Non-Opacity Standards--
Responsibility for Determining Compliance
(D) Section 63.6(h), Compliance with Opacity and Visible Emissions 
Standards--Responsibility for Determining Compliance
(E) Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test 
Plans
(F) Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test 
Methods
(G) Section 63.7(e)(2)(ii) and (f), Approval of Intermediate 
Alternatives to Test Methods
(H) Section 63.7(e)(iii), Approval of Shorter Sampling Times and 
Volumes When Necessitated by Process Variables or Other Factors
(I) Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of Performance 
Testing
(J) Sections 63.8(c)(1) and (e)(1), Approval of Site-Specific 
Performance Evaluation (Monitoring) Test Plans
(K) Section 63.8(f), Approval of Minor Alternatives to Monitoring
(L) Section 63.8(f), Approval of Intermediate Alternatives to 
Monitoring
(M) Sections 63.9 and 63.10, Approval of Adjustments to Time Periods 
for Submitting Reports
(N) Section 63.10(f), Approval of Minor Alternatives to Recordkeeping 
and Reporting

VI. What Action Is EPA Taking?

    EPA has determined that NH DES has satisfied the approval criteria 
of 40 CFR 63.91(d). EPA is approving NH DES's delegation of the NSPS, 
NESHAP and MACT standards indicated in Table 1. EPA is also approving 
delegation of all delegable authorities of the part 63 general 
provisions identified in section 63.91(g)(1) and section V above. In 
addition, EPA is approving NH DES's delegation mechanism for delegation 
of all future standards according to the delegation procedures 
identified in Attachment 2 of the delegation request letter dated May 
9, 2002 from NH DES to EPA. The NH DES has the primary authority and 
responsibility to carry out all elements of these programs for all 
sources covered in New Hampshire, including on-site inspections, record 
keeping reviews, and enforcement.

VII. Administrative Requirements

A. Executive Order 12866

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

B. Executive Order 13175

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This final rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, 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 in Executive Order 13175. 
This Federal action allows the State of New Hampshire to implement and 
enforce existing and future requirements under Federal law and does not 
have tribal implications. Thus, Executive Order 13175 does not apply to 
this rule.

C. Executive Order 13132

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of

[[Page 59003]]

regulatory policies that have federalism implications.'' ``Policies 
that have federalism implications'' is defined in the Executive Order 
to include regulations that 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.''
    This final rule does not have federalism implications. It will 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. This action simply allows New 
Hampshire to implement and enforce existing and future Federal 
standards, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. Thus, 
Executive Order 13132 does not apply to this rule.

D. Executive Order 13211 (Energy Effects)

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq. generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute 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 entities with jurisdiction over 
populations of less than 50,000. This final rule will not have a 
significant impact on a substantial number of small entities because 
approvals under 40 CFR 63.91 do not create any new requirements but 
simply allows the state to implement and enforce Federal requirements 
that the EPA is already imposing. Therefore, because this approval does 
not create any new requirements, I certify that this action will not 
have a significant economic 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 the 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 approval 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 allows New 
Hampshire to implement existing and future requirements under Federal 
law, and imposes no new 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. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 104-113, Section 12(d) (15 
U.S.C. 272 note) directs EPA to use voluntary consensus standards in 
its regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards. This 
action does not involve technical standards. Therefore, EPA did not 
consider the use of any voluntary consensus standards.

I. 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 November 18, 2002. 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, Air pollution control, Administrative 
practice and procedure, 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: September 3, 2002.
Robert W. Varney,
Regional Administrator, EPA-New England.
Table 1.--Delegation of Part 60, Part 61 and Part 63 Standards to New 
Hampshire as set forth in the Code of Federal Regulations as of July 1, 
2001

Part 60 Subpart Categories

A--General Provisions, except for Sections 60.4, 60.8(b)(2), 
60.8(b)(3), 60.9, 60.10, 60.11(e) and 60.16
D--Standards of Performance for Fossil-Fuel-Fired Steam Generators for 
which Construction is Commenced after August 17, 1971
Da--Standards of Performance for Electric Utility Steam Generating 
Units for which Construction is Commenced after September 18, 1978
Db--Standards of Performance for Industrial-Commercial-Institutional 
Steam Generating Units

[[Page 59004]]

Dc--Standards of Performance for Small Industrial-Commercial-
Institutional Steam Generating Units
E--Standards of Performance for Incinerators
Ea--Standards of Performance for Municipal Waste Combustors for which 
Construction is Commenced after December 20, 1989 and on or before 
September 20, 1994
Eb--Standards of Performance for Large Municipal Waste Combustors for 
which Construction is Commenced after September 20, 1994 or for which 
Modification or Reconstruction is Commenced after June 19, 1996
Ec--Standards of Performance for Hospital/Medical/Infectious Waste 
Incinerators for Which Construction is Commenced after June 20, 1996
I--Standards of Performance for Hot Mix Asphalt Facilities
J--Standards of Performance for Petroleum Refineries
K--Standards of Performance for Storage Vessels for Petroleum Liquids 
for which Construction, Reconstruction, or Modification Commenced after 
June 11, 1973, and prior to May 19, 1978
Ka--Standards of Performance for Storage Vessels for Petroleum Liquids 
for which Construction, Reconstruction, or Modification Commenced after 
May 18, 1978, and prior to July 23, 1984
Kb--Standards of Performance for Volatile Organic Liquid Storage 
Vessels, Including Petroleum Liquid Storage Vessels, for which 
Construction, Reconstruction, or Modification Commenced after July 23, 
1984
L--Standards of Performance for Secondary Lead Smelters
M--Standards of Performance for Secondary Brass and Bronze Production 
Plants
N--Standards of Performance for Primary Emissions from Basic Oxygen 
Process Furnaces for which Construction is Commenced after June 11, 
1973
O--Standards of Performance for Sewage Treatment Plants
AA--Standards of Performance for Steel Plants: Electric Arc Furnaces 
Constructed after October 21, 1974 and on or before August 17, 1983
BB--Standards of Performance for Kraft Pulp Mills
DD--Standards of Performance for Grain Elevators
EE--Standards of Performance for Surface Coating of Metal Furniture
GG--Standards of Performance for Stationary Gas Turbines
KK--Standards of Performance for Lead-Acid Battery Manufacturing Plants
LL--Standards of Performance for Metallic Mineral Processing Plants
QQ--Standards of Performance for the Graphic Arts Industry: Publication 
Rotogravure Printing
RR-- Standards of Performance for Pressure Sensitive Tape and Label 
Surface Coating Operations
TT--Standards of Performance for Metal Coil Surface Coating
UU--Standards of Performance for Asphalt Processing and Asphalt Roofing 
Manufacture
VV--Standards of Performance for Equipment Leaks of VOC in the 
Synthetic Organic Chemicals Manufacturing Industry
WW--Standards of Performance for the Beverage Can Surface Coating 
Industry
XX--Standards of Performance for Bulk Gasoline Terminals
BBB--Standards of Performance for the Rubber Tire Manufacturing 
Industry
FFF--Standards of Performance for Flexible Vinyl and Urethane Coating 
and Printing
GGG--Standards of Performance for Equipment Leaks of VOC in Petroleum 
Refineries
HHH--Standards of Performance for Synthetic Fiber Production Facilities
JJJ--Standards of Performance for Petroleum Dry Cleaners
OOO--Standards of Performance for Nonmetallic Mineral Processing Plants
QQQ--Standards of Performance for VOC Emissions from Petroleum Waste 
Water Systems
SSS--Standards of Performance for Magnetic Tape Coating Facilities
TTT--Standards of Performance for Industrial Surface Coating: Surface 
Coating of Plastic Parts for Business Machines
UUU--Standards of Performance for Calciners and Dryers in Mineral 
Industries
VVV--Standards of Performance for Polymeric Coating of Supporting 
Substrates Facilities
WWW--Standards of Performance for Municipal Solid Waste Landfills
AAAA--Standards of Performance for Small Municipal Waste Combustion 
Units
CCCC--Standards of Performance for Commercial and Industrial Solid 
Waste Incineration Units

Part 61 Subpart Categories

C--National Emission Standards for Beryllium
E--National Emission Standards for Mercury
J--National Emission Standards for Equipment Leaks, Fugitive Emission 
Sources, of Benzene
M--National Emission Standards for Asbestos, except for 40 CFR Sec.  
61.151, Inactive Waste Disposal Sites
V-- National Emission Standards for Equipment Leaks, Fugitive Emission 
Sources

Part 63 Subpart Categories

A--General Provisions, Delegable Authorities Identified in Section 
63.91(g)
D--Regulations Governing Compliance Extensions for Early Reductions of 
Hazardous Air Pollutants
F--National Emission Standards for Organic Hazardous Air Pollutants 
from the Synthetic Organic Chemical Manufacturing Industry
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
H--National Emission Standards for Organic Hazardous Air Pollutants for 
Equipment Leaks
I--National Emission Standards for Organic Hazardous Air Pollutants for 
Certain Processes Subject to the Negotiated Regulation for Equipment 
Leaks
N--National Emission Standards for Chromium Emissions from Hard and 
Decorative Chromium Electroplating and Chromium Anodizing Tanks
O--Ethylene Oxide Emissions Standards for Sterilization Facilities
Q--National Emission Standards for Hazardous Pollutants for Industrial 
Process Cooling Towers
R--National Emission Standards for Gasoline Distribution Facilities, 
Bulk Gasoline Terminals and Pipeline Breakout Stations
S--National Emission Standards for Hazardous Air Pollutants from the 
Pulp and Paper Industry
T--National Emission Standards for Halogenated Solvent Cleaning
U--National Emission Standards for Hazardous Air Pollutant Emissions: 
Group I Polymers and Resins
W--National Emission Standards for Hazardous Air Pollutants for Epoxy 
Resins Production and Non-nylon Polyamides Production
X--National Emission Standards for Hazardous Air Pollutants from 
Secondary Lead Smelting
Y--National Emission Standards for Marine Tank Vessel Loading 
Operations
AA--National Emission Standards for Hazardous Air Pollutants from 
Phosphoric Acid Manufacturing Plants

[[Page 59005]]

BB--National Emission Standards for Hazardous Air Pollutants from 
Phosphate Fertilizer Production Plants
CC--National Emission Standards for Hazardous Air Pollutants from 
Petroleum Refineries
DD--National Emission Standards for Hazardous Air Pollutants from 
Offsite Waste and Recovery Operations
GG--National Emission Standards for Aerospace Manufacturing and Rework 
Facilities
HH--National Emission Standards for Hazardous Air Pollutants from Oil 
and Natural Gas Production Facilities
II--National Emission Standards for Shipbuilding and Ship Repair, 
Surface Coating
JJ--National Emission Standards for Wood Furniture Manufacturing 
Operations
KK--National Emission Standards for the Printing and Publishing 
Industry
LL--National Emission Standards for Hazardous Air Pollutants for 
Primary Aluminum Reduction Plants
MM--National Emission Standards for Hazardous Air Pollutants for 
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and 
Stand-Alone Semichemical Pulp Mills
OO--National Emission Standards for Tanks--Level 1
PP--National Emission Standards for Containers
QQ--National Emission Standards for Surface Impoundments
RR--National Emission Standards for Individual Drain Systems
SS--National Emission Standards for Closed Vent Systems, Control 
Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
TT--National Emission Standards for Equipment Leaks--Control Level 1
UU--National Emission Standards for Equipment Leaks--Control Level 2 
Standards
VV--National Emission Standards for Oil-Water Separators and Organic-
Water Separators
WW--National Emission Standards for Storage Vessels, Tanks--Control 
Level 2
YY--National Emission Standards for Hazardous Air Pollutants for Source 
Categories: Generic Maximum Achievable Control Technology Standards
CCC--National Emission Standards for Hazardous Air Pollutants for Steel 
Pickling--HCl Process Facilities and Hydrochloric Acid Regeneration 
Plants
DDD--National Emission Standards for Hazardous Air Pollutants for 
Mineral Wool Production
EEE--National Emission Standards for Hazardous Air Pollutants from 
Hazardous Waste Combustors
GGG--National Emission Standards for Pharmaceuticals Production
HHH--National Emission Standards for Hazardous Air Pollutants from 
Natural Gas Transmission and Storage Facilities
III--National Emission Standards for Hazardous Air Pollutants for 
Flexible Polyurethane Foam Production
JJJ--National Emission Standards for Hazardous Air Pollutant Emissions: 
Group IV Polymers and Resins
LLL--National Emission Standards for Hazardous Air Pollutants from the 
Portland Cement Manufacturing Industry
MMM--National Emission Standards for Hazardous Air Pollutants for 
Pesticide Active Ingredient Production
NNN--National Emission Standards for Hazardous Air Pollutants for Wool 
Fiberglass Manufacturing
OOO--National Emission Standards for Hazardous Air Pollutant Emissions: 
Manufacture of Amino/Phenolic Resins
PPP--National Emission Standards for Hazardous Air Pollutant Emissions 
for Polyether Polyols Production
RRR--National Emission Standards for Hazardous Air Pollutants Secondary 
Aluminum Production
TTT--National Emission Standards for Hazardous Air Pollutants for 
Primary Lead Smelting
VVV--National Emission Standards for Hazardous Air Pollutants: Publicly 
Owned Treatment Works
XXX--National Emission Standards for Hazardous Air Pollutants for 
Ferroalloys Production: Ferromanganese and Silicomanganese

    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)(29)(i) to read 
as follows:


Sec.  63.99  Delegated Federal Authorities

    (a) * * *
    (29) New Hampshire.
    (i) New Hampshire is delegated the authority to implement and 
enforce all existing and future unchanged 40 CFR part 63 standards in 
accordance with the delegation procedures in Attachment II of the 
delegation request letter dated May 9, 2002 submitted by NH DES to EPA 
and any mutually acceptable amendments to those delegation procedures.
* * * * *
[FR Doc. 02-23728 Filed 9-18-02; 8:45 am]
BILLING CODE 6560-50-P