[Federal Register Volume 69, Number 109 (Monday, June 7, 2004)]
[Rules and Regulations]
[Pages 31742-31745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12773]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[NV053-0076a; FRL-7670-1]


Delegation of National Emission Standards for Hazardous Air 
Pollutants for Source Categories; State of Nevada; Nevada Division of 
Environmental Protection--Bureau of Air Pollution Control

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 (NESHAPs) in Nevada. Several NESHAPs were delegated to the 
Nevada Division of Environmental Protection--Bureau of Air Pollution 
Control on January 12, 2004, and the purpose of this action is to 
update the listing in the Code of Federal Regulations.

DATES: This rule is effective on August 6, 2004, without further 
notice, unless EPA receives adverse comments by July 7, 2004. If EPA 
receives such comments, then it will publish a timely withdrawal in the 
Federal Register informing the public that this direct final 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 request for delegation and other 
supporting documentation are available for public inspection (docket 
number A-96-25) at the following locations by appointment:

U.S. Environmental Protection Agency, Region IX, Rulemaking Office 
(AIR-4), Air Division, 75 Hawthorne Street, San Francisco, California 
94105-3901.
Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail 
Code 6102T), Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (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 the Code of Federal Regulations, Title 40 (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(1) (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.

B. NDEP Delegations

    On May 27, 1998, EPA published a direct final action delegating to 
the Nevada Division of Environmental Protection (NDEP) several NESHAPs 
and approving NDEP's delegation mechanism for future standards (see 63 
FR 28906). That action explained the procedure for EPA to grant 
delegations to NDEP by letter, with periodic Federal Register listings 
of standards that have been delegated. On November 21, 2003, the Nevada 
Division of Environmental Protection--Bureau of Air Pollution Control 
(NDEP-BAPC) requested delegation of the following NESHAPs contained in 
40 CFR part 63:

 Subpart F--National Emission Standards for Organic Hazardous 
Air Pollutants from the Synthetic Organic Chemical Manufacturing 
Industry
 Subpart 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
 Subpart H--National Emission Standards for Organic Hazardous 
Air Pollutants for Equipment Leaks
 Subpart I--National Emission Standards for Organic Hazardous 
Air Pollutants for Certain Processes Subject to the Negotiated 
Regulation for Equipment Leaks
 Subpart L--National Emission Standards for Coke Oven Batteries
 Subpart O--Ethylene Oxide Emission Standards for Sterilization 
Facilities
 Subpart R--National Emision Standards for Gasoline 
Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout 
Stations)
 Subpart S--NESHAP from the Pulp and Paper Industry
 Subpart U--National Emission Standards for Hazardous Air 
Pollutant Emissions: Group I Polymers and Resins
 Subpart W--NESHAP for Epoxy Resin Production and Non-Nylon 
Polyamides Production
 Subpart X--NESHAP from Secondary Lead Smelting
 Subpart Y--NESHAP for Marine Tank Vessel Loading Operations
 Subpart AA--NESHAP from Phosphoric Acid Manufacturing Plants
 Subpart BB--NESHAP from Phosphate Fertilizers Production 
Plants
 Subpart CC--NESHAP from Petroleum Refineries
 Subpart DD--NESHAP from Off-Site Waste and Recovery Operations
 Subpart EE--NESHAP for Magnetic Tape Manufacturing Operations
 Subpart GG--National Emission Standards for Aerospace 
Manufacturing and Rework Facilities
 Subpart HH--NESHAP from Oil and Natural Gas Production 
Facilities
 Subpart II--NESHAP for Shipbuilding and Ship Repair (Surface 
Coating)
 Subpart LL--NESHAP for Primary Aluminum Reduction Plants
 Subpart SS--National Emission Standards for Closed Vent 
Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas 
System or a Process
 Subpart TT--National Emission Standards for Equipment Leaks--
Control Level 1
 Subpart UU--National Emission Standards for Equipment Leaks--
Control Level 2 Standards
 Subpart WW--National Emission Standards for Storage Vessels 
(Tanks)--Control Level 2

[[Page 31743]]

 Subpart YY--NESHAP for Source Categories: Generic MACT 
Standards
 Subpart CCC--NESHAP for Steel Pickling--HCl Process Facilities 
and Hydrochloric Acid Regeneration Plants
 Subpart DDD--NESHAP for Mineral Wool Production
 Subpart EEE--NESHAP from Hazardous Waste Combustors
 Subpart GGG--National Emission Standards for Pharmaceuticals 
Production
 Subpart HHH--NESHAP from Natural Gas Transmission and Storage 
Facilities
 Subpart III--NESHAP for Flexible Polyurethane Foam Production
 Subpart JJJ--National Emission Standards for Hazardous Air 
Pollutant Emissions: Group IV Polymers and Resins
 Subpart LLL--NESHAP from the Portland Cement Manufacturing 
Industry
 Subpart MMM--NESHAP for Pesticide Active Ingredient Production
 Subpart NNN--NESHAP for Wool Fiberglass Manufacturing
 Subpart OOO--National Emission Standards for Hazardous Air 
Pollutant Emissions: Manufacture of Amino/Phenolic Resins

    On January 12, 2004, EPA granted delegation to NDEP-BAPC for these 
NESHAPs. EPA also delegated to NDEP-BAPC any amendments to previously-
delegated NESHAPs, as of July 1, 2000. Today's action is serving to 
notify the public of the January 12, 2004, delegation and to codify 
these delegations into the Code of Federal Regulations.
    NDEP-BAPC 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 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 NDEP-BAPC.

II. EPA Action

    Today's document serves to notify the public that on January 12, 
2004, EPA granted to NDEP-BAPC delegation for the NESHAPs listed above, 
as well as any amendments to previously-delegated NESHAPs as of July 1, 
2000. Today's action will codify these delegations into the Code of 
Federal Regulations.

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). This action 
merely updates the list of approved delegations in the Code of Federal 
Regulations and imposes no additional requirements. 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 
(Pub. L. 104-4). 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 merely updates the list of already-approved delegations, and 
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. EPA 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 this 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 August 6, 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)).

[[Page 31744]]

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: May 18, 2004.
Deborah Jordan,
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 revising paragraph (a)(28)(i) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (28) * * *
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the air pollution control agencies in 
the State of Nevada. The (X) symbol is used to indicate each category 
that has been delegated.

                                 Delegation Status for Part 63 Standards--Nevada
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           Subpart                       Description                NDEP \1\        WCAQMD \2\      CCDAQM \3\
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A...........................  General Provisions..............               X                X
F...........................  Synthetic Organic Chemical                     X
                               Manufacturing Industry.
G...........................  Synthetic Organic Chemical                     X
                               Manufacturing Industry: Process
                               Vents, Storage Vessels,
                               Transfer Operations, and
                               Wastewater.
H...........................  Organic Hazardous Air                          X
                               Pollutants: Equipment Leaks.
I...........................  Organic Hazardous Air                          X
                               Pollutants: Certain Processes
                               Subject to the Negotiated
                               Regulation for Equipment Leaks.
L...........................  Coke Oven Batteries.............               X
M...........................  Perchloroethylene Dry Cleaning..               X                X
N...........................  Hard and Decorative Chromium                   X                X
                               Electroplating and Chromium
                               Anodizing Tanks.
O...........................  Ethylene Oxide Sterilization                   X                X
                               Facilities.
Q...........................  Industrial Process Cooling                     X
                               Towers.
R...........................  Gasoline Distribution Facilities               X                X
S...........................  Pulp and Paper..................               X
T...........................  Halogenated Solvent Cleaning....               X                X
U...........................  Group I Polymers and Resins.....               X
W...........................  Epoxy Resins Production and Non-               X
                               Nylon Polyamides Production.
X...........................  Secondary Lead Smelting.........               X
Y...........................  Marine Tank Vessel Loading                     X
                               Operations.
AA..........................  Phosphoric Acid Manufacturing                  X
                               Plants.
BB..........................  Phosphate Fertilizers Production               X
                               Plants.
CC..........................  Petroleum Refineries............               X
DD..........................  Off-Site Waste and Recovery                    X
                               Operations.
EE..........................  Magnetic Tape Manufacturing                    X
                               Operations.
GG..........................  Aerospace Manufacturing and                    X
                               Rework Facilities.
HH..........................  Oil and Natural Gas Production                 X
                               Facilities.
II..........................  Shipbuilding and Ship Repair                   X
                               (Surface Coating).
JJ..........................  Wood Furniture Manufacturing                   X
                               Operations.
KK..........................  Printing and Publishing Industry               X                X
LL..........................  Primary Aluminum Reduction                     X
                               Plants.
OO..........................  Tanks--Level 1..................               X
PP..........................  Containers......................               X
QQ..........................  Surface Impoundments............               X
RR..........................  Individual Drain Systems........               X
SS..........................  Closed Vent Systems, Control                   X
                               Devices, Recovery Devices and
                               Routing to a Fuel Gas System or
                               a Process.
TT..........................  Equipment Leaks--Control Level 1               X
UU..........................  Equipment Leaks--Control Level 2               X
VV..........................  Oil-Water Separators and Organic-              X
                               Water Separators.
WW..........................  Storage Vessels (Tanks)--Control               X
                               Level 2.
YY..........................  Generic MACT Standards..........               X
CCC.........................  Steel Pickling..................               X
DDD.........................  Mineral Wool Production.........               X
EEE.........................  Hazardous Waste Combustors......               X
GGG.........................  Pharmaceuticals Production......               X
HHH.........................  Natural Gas Transmission and                   X
                               Storage Facilities.
III.........................  Flexible Polyurethane Foam                     X
                               Production.
JJJ.........................  Group IV Polymers and Resins....               X
LLL.........................  Portland Cement Manufacturing                  X
                               Industry.
MMM.........................  Pesticide Active Ingredient                    X
                               Production.
NNN.........................  Wool Fiberglass Manufacturing...               X

[[Page 31745]]

 
OOO.........................  Manufacture of Amino/Phenolic                 X
                               Resins.
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\1\ Nevada Division of Environmental Protection.
\2\ Washoe County Air Quality Management Division.
\3\ Clark County Department of Air Quality Management.

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[FR Doc. 04-12773 Filed 6-4-04; 8:45 am]
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