[Federal Register Volume 68, Number 244 (Friday, December 19, 2003)]
[Rules and Regulations]
[Pages 70726-70728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31348]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[CARB-106-DELa; FRL-7600-5]


Delegation of National Emission Standards for Hazardous Air 
Pollutants for Source Categories; State of California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is amending certain regulations to reflect the current 
delegation status of national emission standards for hazardous air 
pollutants in California. Several local air pollution control agencies 
in California have requested delegation of these Federal standards as 
they apply to non-major sources. The purpose of this action is to 
approve those delegation requests and update the listing in the Code of 
Federal Regulations.

DATES: This rule is effective on February 17, 2004, without further 
notice, unless EPA receives relevant adverse comments by January 20, 
2004. If EPA receives such comments, then it will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Send comments to Andrew Steckel, Rulemaking Office Chief 
(AIR-4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901, or e-mail to 
[email protected], or submit comments at http://www.regulations.gov. Copies of the requests for delegation and other 
supporting documentation are available for public inspection (docket 
number A-96-25) at the Region IX office during normal business hours by 
appointment. Copies are also available at: Air and Radiation Docket and 
Information Center (6102), U.S. Environmental Protection Agency, Ariel 
Rios Building, 1200 Pennsylvania Ave, NW., Washington, DC 20460.

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) 947-4124, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

A. Delegation of NESHAPs

    Section 112(l) of the Clean Air Act, as amended in 1990 (CAA), 
authorizes EPA to delegate to State or local air pollution control 
agencies the authority to implement and enforce the standards set out 
in title 40 of the Code of Federal Regulations (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). Subpart E was later 
amended on September 14, 2000 (see 65 FR 55810).
    Any request for approval under CAA section 112(l) must meet the 
approval criteria in 112(l)(5) and subpart E. To streamline the 
approval process for future applications, a State or local agency may 
submit a one-time demonstration that it has adequate authorities and 
resources to implement and enforce any CAA section 112 standards. If 
such demonstration is approved, then the State or local agency would no 
longer need to resubmit a demonstration of these same authorities and 
resources for every subsequent request for delegation of CAA section 
112 standards. However, EPA maintains the authority to withdraw its 
approval if the State does not adequately implement or enforce an 
approved rule or program. On July 6, 1995, the California Air Resources 
Board (CARB) submitted a demonstration that California has adequate 
authorities and resources to implement and enforce Clean Air Act 
section 112 programs and rules. This demonstration was approved on May 
21, 1996 (61 FR 25397).

B. California Delegations

    While each local air pollution control agency in California 
(district) has an approved program for receiving delegation of any CAA 
section 112 standards as promulgated, California districts currently 
have delegation only for standards that apply to major sources. As part 
of EPA's approval of each district's Title V operating permits program, 
districts received delegation of unchanged federal section 112 
standards for Title V sources. This delegation did not extend to 
sources not covered by the California Title V program submittals. 
Therefore, California needed to make a separate voluntary request for 
delegation of any section 112 standards that apply to sources not 
covered by district Title V programs (area sources).

C. Area Source Delegation Requests

    On October 6, 2003, CARB submitted on behalf of nine California 
districts a request for delegation of all Federal section 112 standards 
that apply to area sources, with the exception of the dry cleaning and 
chromium electroplating standards for which State or local rules have 
already been approved (see 61 FR 25397 and 64 FR 12762). Upon the 
effective date of this delegation, these districts will have authority 
to implement and enforce existing area source standards unchanged as 
promulgated by EPA. Additionally, each of these nine districts will 
receive delegation of any future area source standards or revisions 90 
days after promulgation of these standards or revisions, unless the 
district chooses to decline delegation of a particular future standard 
by notifying the EPA Region IX office in writing. If no such 
notification is received, the delegation will go into effect 90 days 
after promulgation of the standard or revision, without any additional 
action from the district or EPA.
    CARB's October 6, 2003, request was submitted on behalf of the 
following nine districts in California: Antelope Valley Air Quality 
Management District, Butte County Air Quality Management District, Kern 
County Air Pollution Control District, Mendocino County Air Quality 
Management District, Mojave Desert Air Quality Management District, 
Monterey Bay Unified Air Pollution Control District, San Luis Obispo 
County Air Pollution Control District, Ventura County Air Pollution 
Control

[[Page 70727]]

District, and Yolo-Solano Air Quality Management District. Each of 
these districts asked CARB to make a delegation request on their behalf 
for CAA section 112 area source standards. The dates of each district's 
letter to CARB are listed in the table below:

------------------------------------------------------------------------
              Local agency                    Date of letter to CARB
------------------------------------------------------------------------
Antelope Valley AQMD...................  Dec. 5, 2002.
Butte County AQMD......................  July 7, 2003.
Kern County APCD.......................  July 7, 2003.
Mendocino County AQMD..................  July 14, 2003.
Mojave Desert AQMD.....................  Dec. 5, 2002.
Monterey Bay Unified APCD..............  July 30, 2002.
San Luis Obispo County APCD............  Nov. 22, 2002.
Ventura County APCD....................  July 7, 2003.
Yolo-Solano AQMD.......................  Aug. 11, 2003.
------------------------------------------------------------------------

    In the future, other districts may choose to make similar 
delegation requests through CARB. EPA Region IX may grant approvals of 
such requests by means of a letter. These delegation approvals would 
then be effective upon the date of the approval letter and EPA Region 
IX would later publish a Federal Register action to update the CFR.

II. EPA Action

    With the exception of the dry cleaning and chromium electroplating 
standards, EPA is hereby granting delegation of unchanged Federal 
section 112 area source standards to the following districts in 
California: Antelope Valley Air Quality Management District, Butte 
County Air Quality Management District, Kern County Air Pollution 
Control District, Mendocino County Air Quality Management District, 
Mojave Desert Air Quality Management District, Monterey Bay Unified Air 
Pollution Control District, San Luis Obispo County Air Pollution 
Control District, Ventura County Air Pollution Control District, and 
Yolo-Solano Air Quality Management District. Upon the effective date of 
this action, these nine districts will have authority to implement and 
enforce existing area source standards unchanged as promulgated by EPA. 
Each of these districts will also receive delegation of any future area 
source standards or revisions 90 days after promulgation of these 
standards or revisions, unless the district chooses to decline 
delegation of a particular future standard by notifying the EPA Region 
IX office in writing.
    Today's action also serves to notify the public that future 
requests for delegation of CAA section 112 area source standards from 
other California districts may be approved by letter, and these 
delegations will be later codified into the CFR.

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 allow the State to administer requirements that have been or 
will be separately promulgated. Accordingly, the Administrator 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule does not impose any 
additional enforceable duty, it does not contain any unfunded mandate 
or significantly or uniquely affect small governments, as described in 
the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). The State 
voluntarily requested this delegation under section 112(l) for the 
purpose of implementing and enforcing the air toxics program with 
respect to sources not covered by district Title V operating permit 
programs. The delegation imposes no new Federal requirements. Since the 
State was not required by law to seek delegation, this Federal action 
does not impose a mandate on the State.
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action does not alter the relationship 
or the distribution of power and responsibilities established in the 
Clean Air Act. This rule also is not subject to Executive Order 13045, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing State delegation submissions, our role is to approve 
State choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), we have no authority to 
disapprove State submissions for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews State 
submissions, to use VCS in place of State submissions that otherwise 
satisfy the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. We will submit a report containing this rule and other 
required information to the United States Senate, the United States 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 17, 2004. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations,

[[Page 70728]]

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: December 2, 2003.
Matt Haber,
Acting Director, Air Division, Region IX.

0
Title 40, chapter I, part 63 of the Code of Federal Regulations is 
amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

0
2. Section 63.99 is amended by adding paragraph (a)(5)(i) and revising 
paragraph (a)(5)(ii) introductory text to read as follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (5) * * *
    (i)(A) California major sources. Except as described in paragraph 
(ii) below, each local air pollution control agency in California has 
delegation for national emission standards promulgated in this part as 
they apply to major sources.

    (B) California area sources. Except as described in paragraph (ii), 
the local agencies listed below also have delegation for national 
emission standards promulgated in this part as they apply to area 
sources:

(1) Antelope Valley Air Quality Management District
(2) Butte County Air Quality Management District
(3) Kern County Air Pollution Control District
(4) Mendocino County Air Quality Management District
(5) Mojave Desert Air Quality Management District
(6) Monterey Bay Unified Air Pollution Control District
(7) San Luis Obispo County Air Pollution Control District
(8) Ventura County Air Pollution Control District
(9) Yolo-Solano Air Quality Management District
    (ii) California approvals other than straight delegation.

    Affected sources must comply with the California Regulatory 
Requirements Applicable to the Air Toxics Program, January 5, 1999 
(incorporated by reference as specified in Sec.  63.14), as described 
as follows:
* * * * *
[FR Doc. 03-31348 Filed 12-18-03; 8:45 am]
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