[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Rules and Regulations]
[Pages 63990-63993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30722]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-6175-2]
Delegation of National Emission Standards for Hazardous Air
Pollutants for Source Categories; State of Arizona; Pinal County Air
Quality Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to delegate the authority to
implement and enforce specific national
[[Page 63991]]
emission standards for hazardous air pollutants (NESHAPs) to the Pinal
County Air Quality Control District (PCAQCD) in Arizona. The preamble
outlines the process that PCAQCD will use to receive delegation of any
future NESHAP, and identifies the NESHAP categories to be delegated by
today's action. EPA has reviewed PCAQCD's request for delegation and
has found that this request satisfies all of the requirements necessary
to qualify for approval. Thus, EPA is hereby granting PCAQCD the
authority to implement and enforce the unchanged NESHAP categories
listed in this rule.
DATES: This rule is effective on January 19, 1999 without further
notice, unless EPA receives adverse comments by December 18, 1998. If
EPA receives such comment, it will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Written comments must be submitted to Andrew Steckel at the
Region IX office listed below. Copies of the request for delegation and
other supporting documentation are available for public inspection
(docket number A-96-25) at the following location: U.S. Environmental
Protection Agency, Region IX, Rulemaking Office (AIR-4), Air Division,
75 Hawthorne Street, San Francisco, California 94105-3901.
FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Office (AIR-4),
Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, California 94105-3901, (415) 744-1200.
SUPPLEMENTARY INFORMATION:
I. Background
Section 112(l) of the Clean Air Act, as amended in 1990 (CAA),
authorizes EPA to delegate to state or local air pollution control
agencies the authority to implement and enforce the standards set out
in 40 CFR Part 63, National Emission Standards for Hazardous Air
Pollutants for Source Categories. On November 26, 1993, EPA promulgated
regulations, codified at 40 CFR Part 63, Subpart E (hereinafter
referred to as ``Subpart E''), establishing procedures for EPA's
approval of state rules or programs under section 112(l) (see 58 FR
62262).
Any request for approval under CAA section 112(l) must meet the
approval criteria in 112(l)(5) and 40 CFR Part 63, Subpart E. To
streamline the approval process for future applications, a state or
local agency may submit a one-time demonstration that it has adequate
authorities and resources to implement and enforce any CAA section 112
standards. If such demonstration is approved, then the state or local
agency would no longer need to resubmit a demonstration of these same
authorities and resources for every subsequent request for delegation
of CAA section 112 standards. However, EPA maintains the authority to
withdraw its approval if the State does not adequately implement or
enforce an approved rule or program.
On October 30, 1996, EPA approved the Pinal County Air Quality
Control District's (PCAQCD's) program for accepting delegation of
section 112 standards that are unchanged from Federal standards as
promulgated (see 61 FR 55910). The approved program reflects an
adequate demonstration by PCAQCD of general resources and authorities
to implement and enforce section 112 standards. However, formal
delegation for an individual standard does not occur until PCAQCD
obtains the necessary regulatory authority to implement and enforce
that particular standard, and EPA approves PCAQCD's formal delegation
request for that standard.
PCAQCD informed EPA that it intends to obtain the regulatory
authority necessary to accept delegation of section 112 standards by
incorporating section 112 standards into the Pinal County Air Quality
Control District Code of Regulations. The details of this delegation
mechanism are set forth in a Memorandum of Agreement (MOA) between
PCAQCD and EPA, and are available for public inspection at the U.S. EPA
Region IX office (docket No. A-96-25).
On August 18, 1998, PCAQCD requested delegation for several
individual section 112 standards that have been incorporated by
reference into the Pinal County Air Quality Control District Code of
Regulations. The standards that are being delegated by today's action
are listed in a table at the end of this rule.
II. EPA Action
A. Delegation for Specific Standards
After reviewing PCAQCD's request for delegation of various national
emissions standards for hazardous air pollutants (NESHAPs), EPA has
determined that this request meets all the requirements necessary to
qualify for approval under CAA section 112(l) and 40 CFR 63.91.
Accordingly, PCAQCD is granted the authority to implement and enforce
the requested NESHAPs. These delegations will be effective on January
19, 1999. A table of the NESHAP categories that will be delegated to
PCAQCD is shown at the end of this rule. Although PCAQCD will have
primary implementation and enforcement responsibility, EPA retains the
right, pursuant to CAA section 112(l)(7), to enforce any applicable
emission standard or requirement under CAA section 112. In addition,
EPA does not delegate any authorities that require implementation
through rulemaking in the Federal Register, or where Federal overview
is the only way to ensure national consistency in the application of
the standards or requirements of CAA section 112.
After a state or local agency has been delegated the authority to
implement and enforce a NESHAP, the delegated agency becomes the
primary point of contact with respect to that NESHAP. Pursuant to 40
CFR sections 63.9(a)(4)(ii) and 63.10(a)(4)(ii), EPA Region IX waives
the requirement that notifications and reports for delegated standards
be submitted to EPA as well as to PCAQCD.
In its August 18, 1998 request, PCAQCD included a request for
delegation of the regulations implementing CAA section 112(i)(5),
codified at 40 CFR Part 63, Subpart D. These requirements apply to
state or local agencies that have a permit program approved under title
V of the Act (see 40 CFR 63.70). PCAQCD received final interim approval
of its title V operating permits program on October 30, 1996 (see 61 FR
55910). State or local agencies implementing the requirements under
Subpart D do not need approval under section 112(l). Therefore, EPA is
not taking action to delegate 40 CFR Part 63, Subpart D to PCAQCD.
PCAQCD also included a request for delegation of the regulations
implementing CAA sections 112(g) and 112(j), codified at 40 CFR Part
63, Subpart B. These requirements apply to major sources only, and need
not be delegated under the section 112(l) approval process. When
promulgating the regulations implementing section 112(g), EPA stated
its view that ``the Act directly confers on the permitting authority
the obligation to implement section 112(g) and to adopt a program which
conforms to the requirements of this rule. Therefore, the permitting
authority need not apply for approval under section 112(l) in order to
use its own program to implement section 112(g)'' (see 61 FR 68397).
Similarly, when promulgating the regulations implementing section
112(j), EPA stated its belief that ``section 112(l) approvals do not
have a great deal of overlap with the section 112(j) provision, because
section 112(j) is designed to use the title V permit process as the
primary vehicle for establishing requirements'' (see 59
[[Page 63992]]
FR 26447). Therefore, state or local agencies implementing the
requirements under sections 112(g) and 112(j) do not need approval
under section 112(l). As a result, EPA is not taking action to delegate
40 CFR Part 63, Subpart B to PCAQCD.
B. Delegation Mechanism for Future Standards
Today's document serves to notify the public of the details of
PCAQCD's procedure for receiving delegation of future NESHAPs. As set
forth in the MOA, PCAQCD intends to incorporate by reference, into the
Pinal County Air Quality Control District Code of Regulations, each
newly promulgated NESHAP for which it intends to seek delegation.
PCAQCD will then submit a letter to EPA Region IX, along with proof of
regulatory authority, requesting delegation for each individual NESHAP.
Region IX will respond in writing that delegation is either granted or
denied. If a request is approved, the delegation of authorities will be
considered effective upon the date of the response letter from Region
IX. Periodically, EPA will publish in the Federal Register a listing of
the standards that have been delegated. Although EPA reserves its
right, pursuant to 40 CFR section 63.96, to review the appropriateness
of any future delegation request, EPA will not institute any additional
comment periods on these future delegation actions. Any parties
interested in commenting on this procedure for delegating future
unchanged NESHAPs should do so at this time.
C. Opportunity for Public Comment
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in the Proposed Rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal for this action should adverse comments
be filed. This rule will be effective January 19, 1999 without further
notice unless the Agency receives adverse comments by December 18,
1998.
If EPA receives such comments, then EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this rule. Any parties
interested in commenting on this rule should do so at this time. If no
such comments are received, the public is advised that this rule will
be effective on January 19, 1999 and no further action will be taken on
the proposed rule.
III. Administrative Requirements
A. Executive Orders 12866 and 13045
The Office of Management and Budget has exempted this regulatory
action from Executive Order (E.O.) 12866, entitled ``Regulatory
Planning and Review.''
This final rule is not subject to E.O. 13045, entitled ``Protection
of Children from Environmental Health Risks and Safety Risks,'' because
it is not an ``economically significant'' action under E.O. 12866.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
conduct a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small governmental jurisdictions.
This final rule will not have a significant impact on a substantial
number of small entities because delegations of authority to implement
and enforce unchanged Federal standards under section 112(l) of the
Clean Air Act do not create any new requirements but simply transfer
primary implementation authorities to the State. Therefore, because
this action does not impose any new requirements, I certify that this
action will not have a significant impact on a substantial number of
small entities.
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to state, local, or tribal governments in the aggregate,
or to a private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the delegation action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either state, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under state or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to state, local,
or tribal governments, or to the private sector, result from this
action.
D. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 19, 1999. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of Section
112 of the Clean Air Act, as amended, 42 U.S.C. Section 7412.
Date Signed: September 28, 1998.
David P. Howekamp,
Director, Air Division, Region IX.
Title 40, chapter I, part 63 of the Code of Federal Regulations is
amended as follows:
[[Page 63993]]
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
2. Section 63.99 is amended by revising paragraph (a)(3) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(3) Arizona. The following table lists the specific Part 63
standards that have been delegated unchanged to the air pollution
control agencies in the State of Arizona. The (X) symbol is used to
indicate each category that has been delegated.
Delegation Status for Part 63 Standards--Arizona
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Subpart Description ADEQ \1\ MCESD \2\ PDEQ \3\ PCAQCD \4\
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A............... General Provisions...................... X X
F............... Synthetic Organic Chemical Manufacturing X X
Industry.
G............... Synthetic Organic Chemical Manufacturing X X
Industry: Process Vents, Storage
Vessels, Transfer Operations, and
Wastewater.
H............... Organic Hazardous Air Pollutants: X X
Equipment Leaks.
I............... Organic Hazardous Air Pollutants: X X
Certain Processes Subject to the
Negotiated Regulation for Equipment
Leaks.
L............... Coke Oven Batteries..................... X X
M............... Perchloroethylene Dry Cleaning.......... X X
N............... Hard and Decorative Chromium X X
Electroplating and Chromium Anodizing
Tanks.
O............... Ethylene Oxide Sterilization Facilities. X X
Q............... Industrial Process Cooling Towers....... X X
R............... Gasoline Distribution Facilities........ X X
T............... Halogenated Solvent Cleaning............ X X
U............... Group I Polymers and Resins............. X X
W............... Epoxy Resins Production and Non-Nylon X X
Polyamides Production.
X............... Secondary Lead Smelting................. X X
CC.............. Petroleum Refineries.................... X X
DD.............. Off-Site Waste and Recovery Operations.. X X
EE.............. Magnetic Tape Manufacturing Operations.. X X
GG.............. Aerospace Manufacturing and Rework X X
Facilities.
JJ.............. Wood Furniture Manufacturing Operations. X X
KK.............. Printing and Publishing Industry........ X X
OO.............. Tanks--Level 1.......................... X X
PP.............. Containers.............................. X X
QQ.............. Surface Impoundments.................... X X
RR.............. Individual Drain Systems................ X X
VV.............. Oil-Water Separators and Organic-Water X X
Separators.
JJJ............. Group IV Polymers and Resins............ X X
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\1\ Arizona Department of Environmental Quality.
\2\ Maricopa County Environmental Services Department.
\3\ Pima County Department of Environmental Quality.
\4\ Pinal County Air Quality Control District.
[FR Doc. 98-30722 Filed 11-17-98; 8:45 am]
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