2020-01730. Delegation of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants for the States of Arizona and Nevada  

  • Start Preamble

    AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking direct final action to update the Code of Federal Regulations delegation tables to reflect the current delegation status of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants in Arizona and Nevada.

    DATES:

    This rule is effective on April 20, 2020 without further notice, unless EPA receives adverse comments by March 19, 2020. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R09-OAR-2019-0632 at http://Start Printed Page 8752www.regulations.gov, or via email to buss.jeffrey@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/​dockets/​commenting-epa-dockets.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Jeffrey Buss, EPA Region IX, (415) 947-4152, buss.jeffrey@epa.gov.

    End Further Info End Preamble Start Supplemental Information

    SUPPLEMENTARY INFORMATION:

    Throughout this document, “we,” “us” and “our” refer to the EPA.

    Table of Contents

    I. Background

    A. What is the purpose of this document?

    B. Who is authorized to delegate these authorities?

    C. What does delegation accomplish?

    D. What authorities are not delegated by the EPA?

    E. Does the EPA keep some authority?

    II. EPA Action

    III. Statutory and Executive Order Reviews

    I. Background

    A. What is the purpose of this document?

    Through this document, the EPA is accomplishing the following objectives:

    (1) Update the delegation tables in the Code of Federal Regulations, title 40 (40 CFR), parts 60, 61, and 63 to provide an accurate listing of the delegated New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP); and

    (2) Clarify those authorities that the EPA retains and are not granted to state or local agencies as part of NSPS or NESHAP delegation.

    Update of Tables in the CFR

    This action will update the delegation tables in 40 CFR parts 60, 61, and 63, to allow easier access by the public to the status of delegations in various state or local jurisdictions.

    The updated delegation tables will include the delegations approved in response to recent requests, as well as those previously granted. The tables are shown at the end of this document.

    Recent requests for delegation that will be incorporated into the updated 40 CFR parts 60, 61, and 63 tables are identified below. Each individual submittal identifies the specific NSPS and NESHAP for which delegation was requested. The requests have already been approved by letter and simply need to be included in the CFR tables.

    AgencyDate of requestDate of approval by letter
    Maricopa County Air Quality DepartmentJanuary 18, 2018, December 6, 2018 and November 21, 2019September 7, 2018, May 20, 2019 and December 23, 2019.
    Nevada Division of Environmental ProtectionMay 26, 2017 and March 29, 2019July 26, 2017 and May 20, 2019.

    B. Who is authorized to delegate these authorities?

    Sections 111(c)(1) and 112(l) of the Clean Air Act, as amended in 1990, authorizes the Administrator to delegate his or her authority for implementing and enforcing standards in 40 CFR parts 60, 61, and 63.

    C. What does delegation accomplish?

    Delegation grants a state or local agency the primary authority to implement and enforce Federal standards. All required notifications and reports should be sent to the delegated state or local agency with a copy to EPA Region IX, as appropriate. Acceptance of delegation constitutes agreement by the state or local agency to follow 40 CFR parts 60, 61, and 63, and the EPA's test methods and continuous monitoring procedures.

    D. What authorities are not delegated by the EPA?

    In general, the EPA does not delegate to state or local agencies the authority to make decisions that are likely to be nationally significant or alter the stringency of the underlying standards. For a more detailed description of the authorities in 40 CFR parts 60 and 61 that are retained by the EPA, see 67 FR 20652 (April 26, 2002). For a more detailed description of the authorities in 40 CFR part 63 that are retained by the EPA, see 65 FR 55810 (September 14, 2000).

    As additional assurance of national consistency, state and local agencies must send to EPA Region IX Enforcement Division's Air Section Chief a copy of any written decisions made pursuant to the following delegated authorities:

    • Applicability determinations that state a source is not subject to a rule or requirement;
    • approvals or determination of construction, reconstruction, or modification;
    • minor or intermediate site-specific changes to test methods or monitoring requirements; or
    • site-specific changes or waivers of performance testing requirements.

    For decisions that require EPA review and approval (for example, major changes to monitoring requirements), the EPA intends to make determinations in a timely manner.

    In some cases, the standards themselves specify that specific provisions cannot be delegated. State and local agencies should review each individual standard for this information.

    E. Does the EPA keep some authority?

    The EPA retains independent authority to enforce the standards and regulations of 40 CFR parts 60, 61, and 63.

    II. EPA Action

    This document serves to notify the public that the EPA is updating the 40 CFR parts 60, 61, and 63 tables for Arizona and Nevada to codify recent delegations of NSPS and NESHAP as authorized under Sections 111(c)(1) and 112(1)(l) of the Clean Air Act.

    III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve delegation requests that comply with the provisions of the Act and applicable Federal regulations. 42 U.S.C. Sections 7410(c) and 7412(l). Thus, in reviewing delegation submissions, the EPA's role is to approve state choices, provided Start Printed Page 8753that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

    • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
    • 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);
    • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
    • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and
    • Does not provide EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, the delegation submissions are not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    Start List of Subjects

    List of Subjects in 40 CFR Parts 60, 61, and 63

    • Environmental protection
    • Administrative practice and procedure
    • Air pollution control
    • Hazardous substances
    • Intergovernmental relations
    • Reporting and recordkeeping requirements
    End List of Subjects Start Signature

    Dated: December 23, 2019.

    Elizabeth J. Adams,

    Director, Air and Radiation Division, Region IX.

    End Signature

    For the reasons set out in the preamble, title 40, chapter I, of the Code of Federal Regulations is amended as follows:

    Start Part

    PART 60—[AMENDED]

    End Part Start Amendment Part

    1. The authority citation for part 60 continues to read as follows:

    End Amendment Part Start Authority

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

    End Authority

    Subpart A—General Provisions

    Start Amendment Part

    2. Section 60.4 is amended by revising the tables in paragraphs (d)(1) and (4) to read as follows:

    End Amendment Part
    Address.
    * * * * *

    (d) * * *

    (1) * * *

    Table 3 to Paragraph (d)(1)—Delegation Status for New Source Performance Standards for Arizona

    SubpartAir pollution control agency
    Arizona DEQMaricopa CountyPima CountyPinal County
    AGeneral ProvisionsXXXX
    DFossil-Fuel Fired Steam Generators Constructed After August 17, 1971XXXX
    DaElectric Utility Steam Generating Units Constructed After September 18, 1978XXXX
    DbIndustrial-Commercial-Institutional Steam Generating UnitsXXXX
    DcSmall Industrial-Commercial-Institutional Steam Generating UnitsXXXX
    EIncineratorsXXXX
    EaMunicipal Waste Combustors Constructed After December 20, 1989 and On or Before September 20, 1994XXXX
    EbLarge Municipal Waste Combustors Constructed After September 20, 1994XXX
    EcHospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996XXX
    FPortland Cement PlantsXXX
    GNitric Acid PlantsXXXX
    GaNitric Acid Plants For Which Construction, Reconstruction or Modification Commenced After October 14, 2011XX
    HSulfuric Acid PlantXXXX
    IHot Mix Asphalt FacilitiesXXXX
    JPetroleum RefineriesXXX
    JaPetroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007X
    KStorage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978XXXX
    KaStorage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984XXXX
    Start Printed Page 8754
    KbVolatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984XXXX
    LSecondary Lead SmeltersXXX
    MSecondary Brass and Bronze Production PlantsXXXX
    NPrimary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973XXXX
    NaSecondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983XXXX
    OSewage Treatment PlantsXXXX
    PPrimary Copper SmeltersXXX
    QPrimary Zinc SmeltersXXX
    RPrimary Lead SmeltersXXX
    SPrimary Aluminum Reduction PlantsXXXX
    TPhosphate Fertilizer Industry: Wet Process Phosphoric Acid PlantsXXXX
    UPhosphate Fertilizer Industry: Superphosphoric Acid PlantsXXXX
    VPhosphate Fertilizer Industry: Diammonium Phosphate PlantsXXXX
    WPhosphate Fertilizer Industry: Triple Superphosphate PlantsXXXX
    XPhosphate Fertilizer Industry: Granular Triple Superphosphate Storage FacilitiesXXXX
    YCoal Preparation and Processing PlantsXXXX
    ZFerroalloy Production FacilitiesXXXX
    AASteel Plants: Electric Arc Furnaces Constructed After October 21, 1974 and On or Before August 17, 1983XXXX
    AAaSteel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 7, 1983XXXX
    BBKraft Pulp MillsXXXX
    BBaKraft Pulp Mill Sources for which Construction, Reconstruction or Modification Commenced after May 23, 2013XX
    CCGlass Manufacturing PlantsXXXX
    DDGrain ElevatorsXXXX
    EESurface Coating of Metal FurnitureXXXX
    FF(Reserved)
    GGStationary Gas TurbinesXXXX
    HHLime Manufacturing PlantsXXXX
    KKLead-Acid Battery Manufacturing PlantsXXXX
    LLMetallic Mineral Processing PlantsXXXX
    MMAutomobile and Light Duty Trucks Surface Coating OperationsXXXX
    NNPhosphate Rock PlantsXXXX
    PPAmmonium Sulfate ManufactureXXXX
    QQGraphic Arts Industry: Publication Rotogravure PrintingXXXX
    RRPressure Sensitive Tape and Label Surface Coating OperationsXXXX
    SSIndustrial Surface Coating: Large AppliancesXXXX
    TTMetal Coil Surface CoatingXXXX
    UUAsphalt Processing and Asphalt Roofing ManufactureXXXX
    VVEquipment Leaks of VOC in the Synthetic Organic Industry Chemicals ManufacturingXXXX
    VVaEquipment Leaks of VOC in the Synthetic Organic Industry for Which Construction, Reconstruction, or Chemicals Manufacturing Modification Commenced After November 7, 2006XXX
    WWBeverage Can Surface Coating IndustryXXXX
    XXBulk Gasoline TerminalsXXXX
    AAANew Residential Wood HeatersXXXX
    BBBRubber Tire Manufacturing IndustryXXXX
    CCC(Reserved)
    Start Printed Page 8755
    DDDVolatile Organic Compounds (VOC) Emissions from the Polymer Manufacturing IndustryXXXX
    EEE(Reserved)
    FFFFlexible Vinyl and Urethane Coating and PrintingXXXX
    GGGEquipment Leaks of VOC in Petroleum RefineriesXXX
    GGGaEquipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006XX
    HHHSynthetic Fiber Production FacilitiesXXXX
    IIIVolatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit ProcessesXXXX
    JJJPetroleum Dry CleanersXXXX
    KKKEquipment Leaks of VOC From Onshore Natural Gas Processing PlantsXXXX
    LLLOnshore Natural Gas Processing: SO2 EmissionsXXXX
    MMM(Reserved)
    NNNVolatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation OperationsXXXX
    OOONonmetallic Mineral Processing PlantsXXXX
    PPPWool Fiberglass Insulation Manufacturing PlantsXXXX
    QQQVOC Emissions From Petroleum Refinery Wastewater SystemsXXX
    RRRVolatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor ProcessesXX
    SSSMagnetic Tape Coating FacilitiesXXXX
    TTTIndustrial Surface Coating: Surface Coating of Plastic Parts for Business MachinesXXXX
    UUUCalciners and Dryers in Mineral IndustriesXXX
    VVVPolymeric Coating of Supporting Substrates FacilitiesXXXX
    WWWMunicipal Solid Waste LandfillsXXX
    XXXMunicipal Solid Waste Landfills that Commenced Construction, Reconstruction, or Modification After July 17, 2014X
    AAAASmall Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commended After June 6, 2001XXX
    CCCCCommercial and Industrial Solid Waste Incineration Units for Which Construction Is Commenced After November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001XXX
    EEEEOther Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006XXX
    GGGG(Reserved)
    HHHH(Reserved)
    IIIIStationary Compression Ignition Internal Combustion EnginesXXX
    JJJJStationary Spark Ignition Internal Combustion EnginesXX
    KKKKStationary Combustion TurbinesXXX
    LLLLNew Sewage Sludge Incineration UnitsX
    MMMMEmissions Guidelines and Compliance Times for Existing Sewage Sludge Incineration UnitsX
    OOOOCrude Oil and Natural Gas Production, Transmission, and DistributionXX
    OOOOaStandards of Performance for Crude Oil and Natural Gas Facilities for Which Construction, Modification or Reconstruction Commenced After September 18, 2015X
    QQQQStandards of Performance for New Residential Hydronic Heaters and Forced-Air FurnacesXX
    TTTTStandards of Performance for Greenhouse Gas Emissions for Electric Generating UnitsX
    Start Printed Page 8756
    * * * * *

    (4) * * *

    Table 12 to Paragraph (d)(4)—Delegation Status for New Source Performance Standards for Nevada

    SubpartAir pollution control agency
    Nevada DEPClark CountyWashoe County
    AGeneral ProvisionsXXX
    CfEmission Guidelines and Compliance Times for Municipal Solid Waste LandfillsX
    DFossil-Fuel Fired Steam Generators Constructed After August 17, 1971XXX
    DaElectric Utility Steam Generating Units Constructed After September 18, 1978XX
    DbIndustrial-Commercial-Institutional Steam Generating UnitsXX
    DcSmall Industrial-Commercial-Institutional Steam Generating UnitsXX
    EIncineratorsXXX
    EaMunicipal Waste Combustors Constructed After December 20, 1989 and On or Before September 20, 1994XX
    EbLarge Municipal Waste Combustors Constructed After September 20, 1994XX
    EcHospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996XX
    FPortland Cement PlantsXXX
    GNitric Acid PlantsXX
    GaNitric Acid Plants For Which Construction, Reconstruction or Modification Commenced After October 14, 2011X
    HSulfuric Acid PlantXX
    IHot Mix Asphalt FacilitiesXXX
    JPetroleum RefineriesXX
    JaPetroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007X
    KStorage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978XXX
    KaStorage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984XXX
    KbVolatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984XX
    LSecondary Lead SmeltersXXX
    MSecondary Brass and Bronze Production PlantsXX
    NPrimary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973XX
    NaSecondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983XX
    OSewage Treatment PlantsXXX
    PPrimary Copper SmeltersXXX
    QPrimary Zinc SmeltersXXX
    RPrimary Lead SmeltersXXX
    SPrimary Aluminum Reduction PlantsXX
    TPhosphate Fertilizer Industry: Wet Process Phosphoric Acid PlantsX
    UPhosphate Fertilizer Industry: Superphosphoric Acid PlantsX
    VPhosphate Fertilizer Industry: Diammonium Phosphate PlantsX
    WPhosphate Fertilizer Industry: Triple Superphosphate PlantsX
    XPhosphate Fertilizer Industry: Granular Triple Superphosphate Storage FacilitiesX
    YCoal Preparation and Processing PlantsXXX
    ZFerroalloy Production FacilitiesXX
    AASteel Plants: Electric Arc Furnaces Constructed After October 21, 1974 and On or Before August 17, 1983XX
    AAaSteel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 7, 1983XX
    BBKraft Pulp MillsX
    CCGlass Manufacturing PlantsXX
    DDGrain ElevatorsXXX
    EESurface Coating of Metal FurnitureXXX
    FF(Reserved)
    GGStationary Gas TurbinesXXX
    HHLime Manufacturing PlantsXXX
    KKLead-Acid Battery Manufacturing PlantsXXX
    LLMetallic Mineral Processing PlantsXXX
    MMAutomobile and Light Duty Trucks Surface Coating OperationsXXX
    Start Printed Page 8757
    NNPhosphate Rock PlantsXXX
    PPAmmonium Sulfate ManufactureXX
    QQGraphic Arts Industry: Publication Rotogravure PrintingXXX
    RRPressure Sensitive Tape and Label Surface Coating OperationsXX
    SSIndustrial Surface Coating: Large AppliancesXXX
    TTMetal Coil Surface CoatingXXX
    UUAsphalt Processing and Asphalt Roofing ManufactureXXX
    VVEquipment Leaks of VOC in the Synthetic Organic Industry Chemicals ManufacturingXXX
    VVaEquipment Leaks of VOC in the Synthetic Organic Industry for Which Construction, Reconstruction, or Chemicals Manufacturing Modification Commenced After November 7, 2006XX
    WWBeverage Can Surface Coating IndustryXX
    XXBulk Gasoline TerminalsXX
    AAANew Residential Wood HeatersX
    BBBRubber Tire Manufacturing IndustryXX
    CCC(Reserved)
    DDDVolatile Organic Compounds (VOC) Emissions from the Polymer Manufacturing IndustryXX
    EEE(Reserved)
    FFFFlexible Vinyl and Urethane Coating and PrintingXX
    GGGEquipment Leaks of VOC in Petroleum RefineriesXX
    GGGaEquipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006XX
    HHHSynthetic Fiber Production FacilitiesXX
    IIIVolatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit ProcessesXX
    JJJPetroleum Dry CleanersXXX
    KKKEquipment Leaks of VOC From Onshore Natural Gas Processing PlantsXX
    LLLOnshore Natural Gas Processing: SO2 EmissionsXX
    MMM(Reserved)
    NNNVolatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation OperationsXX
    OOONonmetallic Mineral Processing PlantsXX
    PPPWool Fiberglass Insulation Manufacturing PlantsXX
    QQQVOC Emissions From Petroleum Refinery Wastewater SystemsXX
    RRRVolatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor ProcessesXX
    SSSMagnetic Tape Coating FacilitiesXX
    TTTIndustrial Surface Coating: Surface Coating of Plastic Parts for Business MachinesXXX
    UUUCalciners and Dryers in Mineral IndustriesXXX
    VVVPolymeric Coating of Supporting Substrates FacilitiesXXX
    WWWMunicipal Solid Waste LandfillsXXX
    XXXMunicipal Solid Waste Landfills that Commenced Construction, Reconstruction, or Modification after July 17, 2014X
    AAAASmall Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commended After June 6, 2001XXX
    CCCCCommercial and Industrial Solid Waste Incineration Units for Which Construction Is Commenced After November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001XXX
    EEEEOther Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006XXX
    GGGG(Reserved)
    HHHH(Reserved)
    IIIIStationary Compression Ignition Internal Combustion EnginesXXX
    JJJJStationary Spark Ignition Internal Combustion EnginesXXX
    KKKKStationary Combustion TurbinesXXX
    LLLLNew Sewage Sludge Incineration UnitsX
    OOOOCrude Oil and Natural Gas Production, Transmission, and DistributionX
    Start Printed Page 8758
    * * * * *
    Start Part

    PART 61—[AMENDED]

    End Part Start Amendment Part

    3. The authority citation for part 61 continues to read as follows:

    End Amendment Part Start Authority

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

    End Authority

    Subpart A—General Provisions

    Start Amendment Part

    4. Section 61.04 is amended by revising the table in paragraphs (c)(9)(i) and (iv) to read as follows:

    End Amendment Part
    Address.
    * * * * *

    (c) * * *

    (9) * * *

    (i) * * *

    Table 6 to Paragraph (c)(9)(i)—Delegation Status for National Emission Standards for Hazardous Air Pollutants for Arizona

    SubpartAir pollution control agency
    Arizona DEQMaricopa CountyPima CountyPinal County
    AGeneral ProvisionsXXXX
    BRadon Emissions From Underground Uranium Mines
    CBerylliumXXXX
    DBeryllium Rocket Motor FiringXXXX
    EMercuryXXXX
    FVinyl ChlorideXXXX
    G(Reserved)
    HEmissions of Radionuclides Other Than Radon From Department of Energy Facilities
    IRadionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H
    JEquipment Leaks (Fugitive Emission Sources) of BenzeneXXXX
    KRadionuclide Emissions From Elemental Phosphorus Plants
    LBenzene Emissions from Coke By-Product Recovery PlantsXXXX
    MAsbestosXXXX
    NInorganic Arsenic Emissions From Glass Manufacturing PlantsXXX
    OInorganic Arsenic Emissions From Primary Copper SmeltersXX
    PInorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production FacilitiesXX
    QRadon Emissions From Department of Energy Facilities
    RRadon Emissions From Phosphogypsum Stacks
    S(Reserved)
    TRadon Emissions From the Disposal of Uranium Mill Tailings
    U(Reserved)
    VEquipment Leaks (Fugitive Emission Sources)XXXX
    WRadon Emissions From Operating Mill Tailings
    X(Reserved)
    YBenzene Emissions From Benzene Storage VesselsXXXX
    Z-AA(Reserved)
    BBBenzene Emissions From Benzene Transfer OperationsXXXX
    CC-EE(Reserved)
    FFBenzene Waste OperationsXXXX
    * * * * *

    (iv) * * *

    Table 19—to Paragraph (c)(9)(iv)—Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Nevada

    SubpartAir pollution control agency
    Nevada DEPClark CountyWashoe County
    AGeneral ProvisionsXX
    BRadon Emissions From Underground Uranium Mines
    CBerylliumXXX
    DBeryllium Rocket Motor FiringXX
    EMercuryXX
    FVinyl ChlorideXX
    G(Reserved)
    HEmissions of Radionuclides Other Than Radon From Department of Energy FacilitiesX
    Start Printed Page 8759
    IRadionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart HX
    JEquipment Leaks (Fugitive Emission Sources) of BenzeneXX
    KRadionuclide Emissions From Elemental Phosphorus PlantsX
    LBenzene Emissions from Coke By-Product Recovery PlantsXX
    MAsbestosXX
    NInorganic Arsenic Emissions From Glass Manufacturing PlantsXX
    OInorganic Arsenic Emissions From Primary Copper SmeltersXX
    PInorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production FacilitiesXX
    QRadon Emissions From Department of Energy Facilities
    RRadon Emissions From Phosphogypsum Stacks
    S(Reserved)
    TRadon Emissions From the Disposal of Uranium Mill Tailings
    U(Reserved)
    VEquipment Leaks (Fugitive Emission Sources)XX
    WRadon Emissions From Operating Mill Tailings
    X(Reserved)
    YBenzene Emissions From Benzene Storage VesselsXX
    Z-AA(Reserved)
    BBBenzene Emissions From Benzene Transfer OperationsXX
    CC-EE(Reserved)
    FFBenzene Waste OperationsXX
    * * * * *
    Start Part

    PART 63—[AMENDED]

    End Part Start Amendment Part

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

    End Amendment Part Start Authority

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

    End Authority

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

    Start Amendment Part

    6. Section 63.99 is amended by revising the table in paragraphs (a)(3)(i) and (a)(29)(i) to read as follows:

    End Amendment Part
    Delegated Federal authorities.

    (a) * * *

    (3) * * *

    (i) * * *

    Table 3 to Paragraph (a)(3)(i)—Delegation Status for Part 63 Standards—Arizona

    SubpartDescriptionADEQ 1MCAQD 2PDEQ 3PCAQCD 4GRIC 5
    AGeneral ProvisionsXXXXX
    FSynthetic Organic Chemical Manufacturing IndustryXXXXX
    GSynthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and WastewaterXXXXX
    HOrganic Hazardous Air Pollutants: Equipment LeaksXXXXX
    IOrganic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment LeaksXXXXX
    JPolyvinyl Chloride and Copolymers ProductionXXXX
    LCoke Oven BatteriesXXXXX
    MPerchloroethylene Dry CleaningXXXXX
    NHard and Decorative Chromium Electroplating and Chromium Anodizing TanksXXXXX
    OEthylene Oxide Sterilization FacilitiesXXXXX
    QIndustrial Process Cooling TowersXXXXX
    RGasoline Distribution FacilitiesXXXXX
    SPulp and PaperXXXX
    THalogenated Solvent CleaningXXXXX
    UGroup I Polymers and ResinsXXXXX
    WEpoxy Resins Production and Non-Nylon Polyamides ProductionXXXXX
    XSecondary Lead SmeltingXXXX
    Start Printed Page 8760
    YMarine Tank Vessel Loading OperationsXX
    AAPhosphoric Acid Manufacturing PlantsXXXX
    BBPhosphate Fertilizers Production PlantsXXXX
    CCPetroleum RefineriesXXXX
    DDOff-Site Waste and Recovery OperationsXXXXX
    EEMagnetic Tape Manufacturing OperationsXXXXX
    GGAerospace Manufacturing and Rework FacilitiesXXXXX
    HHOil and Natural Gas Production FacilitiesXXXX
    IIShipbuilding and Ship Repair (Surface Coating)X
    JJWood Furniture Manufacturing OperationsXXXXX
    KKPrinting and Publishing IndustryXXXXX
    LLPrimary Aluminum Reduction PlantsXXXX
    MMChemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp MillsXXXX
    NNWool Fiberglass Manufacturing at Area SourcesX
    OOTanks—Level 1XXXXX
    PPContainersXXXXX
    QQSurface ImpoundmentsXXXXX
    RRIndividual Drain SystemsXXXXX
    SSClosed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a ProcessXXXX
    TTEquipment Leaks—Control Level 1XXXX
    UUEquipment Leaks—Control Level 2XXXX
    VVOil-Water Separators and Organic-Water SeparatorsXXXXX
    WWStorage Vessels (Tanks)—Control Level 2XXXX
    XXEthylene Manufacturing Process Units: Heat Exchange Systems and Waste OperationsXXXX
    YYGeneric MACT StandardsXXXX
    CCCSteel PicklingXXXX
    DDDMineral Wool ProductionXXXX
    EEEHazardous Waste CombustorsXXXX
    GGGPharmaceuticals ProductionXXXX
    HHHNatural Gas Transmission and Storage FacilitiesXXXX
    IIIFlexible Polyurethane Foam ProductionXXXX
    JJJGroup IV Polymers and ResinsXXXXX
    LLLPortland Cement Manufacturing IndustryXXX
    MMMPesticide Active Ingredient ProductionXXXX
    NNNWool Fiberglass ManufacturingXXXX
    OOOManufacture of Amino/Phenolic ResinsXXXX
    PPPPolyether Polyols ProductionXXXX
    QQQPrimary Copper SmeltingXXX
    RRRSecondary Aluminum ProductionXXXX
    TTTPrimary Lead SmeltingXXX
    UUUPetroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery UnitsXXX
    VVVPublicly Owned Treatment WorksXXXX
    XXXFerroalloys ProductionXXXX
    AAAAMunicipal Solid Waste LandfillsXXXX
    CCCCManufacturing of Nutritional YeastXXXX
    DDDDPlywood and Composite Wood ProductsXXXX
    Start Printed Page 8761
    EEEEOrganic Liquids Distribution (non-gasoline)XXXX
    FFFFMiscellaneous Organic Chemical ManufacturingXXXX
    GGGGSolvent Extraction for Vegetable Oil ProductionXXXX
    HHHHWet-Formed Fiberglass Mat ProductionXXXX
    IIIISurface Coating of Automobiles and Light-Duty TrucksXXX
    JJJJPaper and Other Web CoatingXXXX
    KKKKSurface Coating of Metal CansXXXX
    MMMMMiscellaneous Metal Parts and ProductsXXXX
    NNNNLarge AppliancesXXXX
    OOOOPrinting, Coating, and Dyeing of Fabrics and Other TextilesXXXX
    PPPPSurface Coating of Plastic Parts and ProductsXXX
    QQQQWood Building ProductsXXXX
    RRRRSurface Coating of Metal FurnitureXXXX
    SSSSSurface Coating of Metal CoilXXXX
    TTTTLeather Finishing OperationsXXXX
    UUUUCellulose Products ManufacturingXXXX
    VVVVBoat ManufacturingXXXX
    WWWWReinforced Plastics Composites ProductionXXXX
    XXXXTire ManufacturingXXXX
    YYYYStationary Combustion TurbinesXXXX
    ZZZZStationary Reciprocating Internal Combustion EnginesXXX
    AAAAALime Manufacturing PlantsXXXX
    BBBBBSemiconductor ManufacturingXXXX
    CCCCCCoke Oven: Pushing, Quenching and Battery StacksXXXX
    DDDDDIndustrial, Commercial, and Institutional Boiler and Process HeatersXXX
    EEEEEIron and Steel FoundriesXXXX
    FFFFFIntegrated Iron and SteelXXXX
    GGGGGSite RemediationXXXX
    HHHHHMiscellaneous Coating ManufacturingXXXX
    IIIIIMercury Emissions from Mercury Cell Chlor-Alkali PlantsXXXX
    JJJJJBrick and Structural Clay Products ManufacturingXXXX
    KKKKKClay Ceramics ManufacturingXXXX
    LLLLLAsphalt Roofing and ProcessingXXXX
    MMMMMFlexible Polyurethane Foam Fabrication OperationXXXX
    NNNNNHydrochloric Acid ProductionXXXX
    PPPPPEngine Test Cells/StandsXXXX
    QQQQQFriction Products ManufacturingXXXX
    RRRRRTaconite Iron Ore ProcessingXXXX
    SSSSSRefractory Products ManufacturingXXXX
    TTTTTPrimary Magnesium RefiningXXXX
    UUUUUCoal and Oil-Fired Electric Utility Steam Generating UnitsX
    WWWWWHospital Ethylene Oxide SterilizersXX
    YYYYYArea Sources: Electric Arc Furnace Steelmaking FacilitiesXX
    ZZZZZIron and Steel Foundries Area SourcesXX
    BBBBBBGasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline FacilitiesXX
    CCCCCCGasoline Dispensing FacilitiesXX
    DDDDDDPolyvinyl Chloride and Copolymers Production Area SourcesXX
    EEEEEEPrimary Copper Smelting Area SourcesX
    FFFFFFSecondary Copper Smelting Area SourcesX
    Start Printed Page 8762
    GGGGGGPrimary Nonferrous Metals Area Sources—Zinc, Cadmium, and BerylliumXX
    HHHHHHPaint Stripping and Miscellaneous Surface Coating Operations at Area SourcesXX
    JJJJJJIndustrial, Commercial, and Institutional Boilers and Process Heaters—Area SourcesXX
    LLLLLLAcrylic and Modacrylic Fibers Production Area SourcesXX
    MMMMMMCarbon Black Production Area SourcesXX
    NNNNNNChemical Manufacturing Area Sources: Chromium CompoundsXX
    OOOOOOFlexible Polyurethane Foam Production and Fabrication Area SourcesXX
    PPPPPPLead Acid Battery Manufacturing Area SourcesXX
    QQQQQQWood Preserving Area SourcesXX
    RRRRRRClay Ceramics Manufacturing Area SourcesXX
    SSSSSSGlass Manufacturing Area SourcesXX
    TTTTTTSecondary Nonferrous Metals Processing Area SourcesXX
    VVVVVVChemical Manufacturing Industry—Area SourcesXX
    WWWWWWArea Source Standards for Plating and Polishing OperationsXX
    XXXXXXArea Source Standards for Nine Metal Fabrication and Finishing Source CategoriesXX
    YYYYYYArea Sources: Ferroalloys Production FacilitiesXX
    ZZZZZZArea Source Standards for Aluminum, Copper, and Other Nonferrous FoundriesXX
    AAAAAAAAsphalt Processing and Asphalt Roofing Manufacturing—Area SourcesXX
    BBBBBBBChemical Preparations Industry—Area SourcesXX
    CCCCCCCPaint and Allied Products Manufacturing—Area SourcesXX
    DDDDDDDPrepared Feeds Manufacturing—Area SourcesXX
    EEEEEEEGold Mine Ore Processing and Production—Area SourcesXX
    HHHHHHHPolyvinyl Chloride and Copolymers ProductionXX
    1 Arizona Department of Environmental Quality.
    2 Maricopa County Air Quality Department.
    3 Pima County Department of Environmental Quality.
    4 Pinal County Air Quality Control District.
    5 Gila River Indian Community Department of Environmental Quality. This table includes the GRIC DEQ only for purposes of identifying all state, local, and tribal agencies responsible for implementing part 63 standards within the geographical boundaries of the State of Arizona and does not establish any state regulatory authority in Indian country.
    * * * * *

    (29) * * *

    (i) * * *

    Table 11 to Paragraph (a)(29)(i)—Delegation Status for Part 63 Standards—Nevada

    SubpartDescriptionNDEP 1Washoe 2Clark 3
    AGeneral ProvisionsXXX
    FSynthetic Organic Chemical Manufacturing IndustryXX
    GSynthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and WastewaterXX
    HOrganic Hazardous Air Pollutants: Equipment LeaksXX
    Start Printed Page 8763
    IOrganic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment LeaksXX
    JPolyvinyl Chloride and Copolymers ProductionXX
    LCoke Oven BatteriesXX
    MPerchloroethylene Dry CleaningXXX
    NHard and Decorative Chromium Electroplating and Chromium Anodizing TanksXXX
    OEthylene Oxide Sterilization FacilitiesXXX
    QIndustrial Process Cooling TowersXX
    RGasoline Distribution FacilitiesXXX
    SPulp and PaperXX
    THalogenated Solvent CleaningXXX
    UGroup I Polymers and ResinsXX
    WEpoxy Resins Production and Non-Nylon Polyamides ProductionXX
    XSecondary Lead SmeltingXX
    YMarine Tank Vessel Loading OperationsX
    AAPhosphoric Acid Manufacturing PlantsX
    BBPhosphate Fertilizers Production PlantsX
    CCPetroleum RefineriesXX
    DDOff-Site Waste and Recovery OperationsX
    EEMagnetic Tape Manufacturing OperationsXX
    GGAerospace Manufacturing and Rework FacilitiesX
    HHOil and Natural Gas Production FacilitiesXX
    IIShipbuilding and Ship Repair (Surface Coating)XX
    JJWood Furniture Manufacturing OperationsXX
    KKPrinting and Publishing IndustryXXX
    LLPrimary Aluminum Reduction PlantsX
    MMChemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp MillsX
    OOTanks—Level 1XX
    PPContainersXX
    QQSurface ImpoundmentsXX
    RRIndividual Drain SystemsXX
    SSClosed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a ProcessXX
    TTEquipment Leaks—Control Level 1XX
    UUEquipment Leaks—Control Level 2XX
    VVOil-Water Separators and Organic-Water SeparatorsXX
    WWStorage Vessels (Tanks)—Control Level 2XX
    XXEthylene Manufacturing Process Units: Heat Exchange Systems and Waste OperationsXX
    YYGeneric MACT StandardsXX
    CCCSteel PicklingXX
    DDDMineral Wool ProductionX
    EEEHazardous Waste CombustorsXX
    GGGPharmaceuticals ProductionXX
    HHHNatural Gas Transmission and Storage FacilitiesXX
    IIIFlexible Polyurethane Foam ProductionXX
    JJJGroup IV Polymers and ResinsXX
    LLLPortland Cement Manufacturing IndustryXX
    MMMPesticide Active Ingredient ProductionXX
    NNNWool Fiberglass ManufacturingX
    OOOManufacture of Amino/Phenolic ResinsXX
    PPPPolyether Polyols ProductionXX
    QQQPrimary Copper SmeltingXX
    RRRSecondary Aluminum ProductionX
    TTTPrimary Lead SmeltingXX
    UUUPetroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery UnitsXX
    VVVPublicly Owned Treatment WorksXXX
    XXXFerroalloys ProductionX
    AAAAMunicipal Solid Waste LandfillsXX
    CCCCManufacturing of Nutritional YeastX
    DDDDPlywood and Composite Wood ProductsXX
    EEEEOrganic Liquids Distribution (non-gasoline)XXX
    FFFFMiscellaneous Organic Chemical ManufacturingXX
    GGGGSolvent Extraction for Vegetable Oil ProductionXX
    HHHHWet-Formed Fiberglass Mat ProductionXX
    IIIISurface Coating of Automobiles and Light-Duty TrucksXX
    JJJJPaper and Other Web CoatingXX
    KKKKSurface Coating of Metal CansXX
    MMMMMiscellaneous Metal Parts and ProductsXX
    Start Printed Page 8764
    NNNNLarge AppliancesXX
    OOOOPrinting, Coating, and Dyeing of Fabrics and Other TextilesXX
    PPPPSurface Coating of Plastic Parts and ProductsXX
    QQQQWood Building ProductsXX
    RRRRSurface Coating of Metal FurnitureXX
    SSSSSurface Coating of Metal CoilXX
    TTTTLeather Finishing OperationsXX
    UUUUCellulose Products ManufacturingXX
    VVVVBoat ManufacturingXX
    WWWWReinforced Plastics Composites ProductionXXX
    XXXXTire ManufacturingXX
    YYYYStationary Combustion TurbinesXX
    ZZZZStationary Reciprocating Internal Combustion EnginesXXX
    AAAAALime Manufacturing PlantsXX
    BBBBBSemiconductor ManufacturingXX
    CCCCCCoke Oven: Pushing, Quenching and Battery StacksXX
    DDDDDIndustrial, Commercial, and Institutional Boiler and Process HeatersXX
    EEEEEIron and Steel FoundriesXX
    FFFFFIntegrated Iron and SteelXX
    GGGGGSite RemediationXX
    HHHHHMiscellaneous Coating ManufacturingXX
    IIIIIMercury Emissions from Mercury Cell Chlor-Alkali PlantsX
    JJJJJBrick and Structural Clay Products ManufacturingXX
    KKKKKClay Ceramics ManufacturingXX
    LLLLLAsphalt Roofing and ProcessingXX
    MMMMMFlexible Polyurethane Foam Fabrication OperationXX
    NNNNNHydrochloric Acid ProductionXX
    PPPPPEngine Test Cells/StandsXX
    QQQQQFriction Products ManufacturingXX
    RRRRRTaconite Iron Ore ProcessingX
    SSSSSRefractory Products ManufacturingXX
    TTTTTPrimary Magnesium RefiningX
    UUUUUCoal and Oil-Fired Electric Utility Steam Generating UnitsX
    WWWWWHospital Ethylene Oxide SterilizersXXX
    YYYYYElectric Arc Furnace Steelmaking Facilities (area sources)X
    ZZZZZIron and Steel Foundries Area SourcesXX
    BBBBBBGasoline Distribution Bulk Terminals, Bulk Plants and Pipeline FacilitiesXXX
    CCCCCCGasoline Dispensing FacilitiesXXX
    DDDDDDPolyvinyl Chloride and Copolymers Production Area SourcesXX
    EEEEEEPrimary Copper Smelting Area SourcesXX
    FFFFFFSecondary Copper Smelting Area SourcesXX
    GGGGGGPrimary Nonferrous Metals Area Sources—Zinc, Cadmium, and BerylliumXX
    HHHHHHPaint Stripping and Miscellaneous Surface Coating Operations at Area SourcesXXX
    JJJJJJIndustrial, Commercial, and Institutional Boilers and Process Heaters—Area SourcesX
    LLLLLLAcrylic and Modacrylic Fibers Production Area SourcesXX
    MMMMMMCarbon Black Production Area SourcesXX
    NNNNNNChemical Manufacturing Area Sources: Chromium CompoundsXX
    OOOOOOFlexible Polyurethane Foam Production and Fabrication Area SourcesXXX
    PPPPPPLead Acid Battery Manufacturing Area SourcesXX
    QQQQQQWood Preserving Area SourcesXX
    RRRRRRClay Ceramics Manufacturing Area SourcesXX
    SSSSSSGlass Manufacturing Area SourcesXX
    TTTTTTSecondary Nonferrous Metals Processing Area SourcesXX
    VVVVVVChemical Manufacturing Industry—Area SourcesXX
    WWWWWWArea Source Standards for Plating and Polishing OperationsXXX
    XXXXXXArea Source Standards for Nine Metal Fabrication and Finishing Source CategoriesXXX
    YYYYYYArea Sources: Ferroalloys Production FacilitiesX
    ZZZZZZArea Source Standards for Aluminum, Copper, and Other Nonferrous FoundriesXX
    AAAAAAAAsphalt Processing and Asphalt Roofing Manufacturing—Area SourcesXX
    BBBBBBBChemical Preparations Industry—Area SourcesXX
    CCCCCCCPaint and Allied Products Manufacturing—Area SourcesXX
    DDDDDDDPrepared Feeds Manufacturing—Area SourcesX
    EEEEEEEGold Mine Ore Processing and Production—Area SourcesXX
    1 Nevada Division of Environmental Protection.
    2 Washoe County District Health Department, Air Quality Management Division.
    3 Clark County, Department of Air Quality.
    Start Printed Page 8765
    * * * * *
    End Supplemental Information

    [FR Doc. 2020-01730 Filed 2-14-20; 8:45 am]

    BILLING CODE 6560-50-P

Document Information

Effective Date:
4/20/2020
Published:
02/18/2020
Department:
Environmental Protection Agency
EntryType:
Rule
Action:
Direct final rule.
Document Number:
2020-01730
Dates:
This rule is effective on April 20, 2020 without further notice, unless EPA receives adverse comments by March 19, 2020. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect.
Pages:
8751-8765 (15 pages)
Docket Numbers:
EPA-R09-OAR-2019-0632, FRL-10004-33-Region 9
SectionNoes:
60.4,61.04,63.99
Topics:
Administrative practice and procedure, Air pollution control, Environmental protection, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements
PDF File:
2020-01730.pdf
CFR: (3)
40 CFR 60.4
40 CFR 61.04
40 CFR 63.99