ACTION:
Direct final rule.
SUMMARY:
EPA is amending certain regulations to reflect the current delegation status of national emission standards for hazardous air pollutants (NESHAP) in Arizona and California. Several NESHAP were delegated to the Maricopa County Air Quality Department and the Santa Barbara County Air Pollution Control District within the past 12 months. The purpose of this action is to update the listing in the Code of Federal Regulations.
DATES:
This rule is effective on May 17, 2011 without further notice, unless EPA receives adverse comments by April 18, 2011. 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 comments, identified by docket number EPA-R09-OAR-2011-0213, by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or delivery: Andrew Steckel (AIR-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
Instructions: All comments will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an “anonymous access” system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.
Docket: The index to the docket for this action is available electronically at http://www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location ( e.g., copyrighted material), and some may not be publicly available in either location ( e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Mae Wang, EPA Region IX, (415) 947-4124, wang.mae@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, “we,” “us” and “our” refer to EPA.
Table of Contents
I. Background
A. Delegation of NESHAP
B. Maricopa County Delegations
C. Santa Barbara County Delegations
II. EPA Action
A. Maricopa County
B. Santa Barbara County
III. Statutory and Executive Order Reviews
I. Background
A. Delegation of NESHAP
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(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.
B. Maricopa County Delegations
On March 2, 2000, EPA published a direct final action delegating to the Maricopa County Air Quality Department (Maricopa County) several NESHAP and approving Maricopa County's delegation mechanism for future standards ( see 65 FR 11231). That action explained the procedure for EPA to grant future delegations to Maricopa County by letter, with periodic Federal Register listings of standards that have been delegated. On March 5, 2010, and April 5, 2010, Maricopa County requested delegation of the following NESHAP contained in 40 CFR Part 63:
• Subpart WWWWW—National Emission Standards for Hospital Ethylene Oxide Sterilizers
• Subpart YYYYY—NESHAP for Area Sources: Electric Arc Furnace Steelmaking Facilities
• Subpart ZZZZZ—NESHAP for Iron and Steel Foundries Area Sources
• Subpart BBBBBB—NESHAP for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities
• Subpart CCCCCC—NESHAP for Source Category: Gasoline Dispensing Facilities
• Subpart DDDDDD—NESHAP for Polyvinyl Chloride and Copolymers Production Area Sources
• Subpart EEEEEE—NESHAP for Primary Copper Smelting Area Sources
• Subpart FFFFFF—NESHAP for Secondary Copper Smelting Area Sources
• Subpart GGGGGG—NESHAP for Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium
• Subpart HHHHHH—NESHAP: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
• Subpart LLLLLL—NESHAP for Acrylic and Modacrylic Fibers Production Area Sources
• Subpart MMMMMM—NESHAP for Carbon Black Production Area Sources
• Subpart NNNNNN—NESHAP for Chemical Manufacturing Area Sources: Chromium Compounds
• Subpart OOOOOO—NESHAP for Flexible Polyurethane Foam Production and Fabrication Area Sources
• Subpart PPPPPP—NESHAP for Lead Acid Battery Manufacturing Area Sources
• Subpart QQQQQQ—NESHAP for Wood Preserving Area Sources
• Subpart RRRRRR—NESHAP for Clay Ceramics Manufacturing Area Sources
• Subpart SSSSSS—NESHAP for Glass Manufacturing Area Sources
• Subpart TTTTTT—NESHAP for Secondary Nonferrous Metals Processing Area Sources
On May 6, 2010, EPA granted delegation to Maricopa County for these NESHAP, along with any amendments to previously-delegated NESHAP, as of July 1, 2008. Subsequently, on October 7, 2010, Maricopa County requested delegation of the following NESHAP contained in 40 CFR Part 63:
• Subpart WWWWWW—NESHAP: Area Source Standards for Plating and Polishing Operations
• Subpart XXXXXX—NESHAP Area Source Standards for Nine Metal Fabrication and Finishing Source Categories
• Subpart YYYYYY—NESHAP for Area Sources: Ferroalloys Production Facilities
• Subpart ZZZZZZ—NESHAP: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries
On December 14, 2010, EPA granted delegation to Maricopa County for these NESHAP, along with any amendments to previously-delegated NESHAP, as of July 1, 2009. Today's action is serving to notify the public of the May 6, 2010, and December 14, 2010, delegations and to codify these delegations into the Code of Federal Regulations.
C. Santa Barbara County Delegations
On October 6, 2003, the California Air Resources Board (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). This request was approved on December 19, 2003 ( see 68 FR 70726). In that approval, it was explained that future requests by other districts could be approved by letter, followed by a Federal Register notice to codify the delegations into the CFR.
On April 1, 2010, the Santa Barbara County Air Pollution Control District (Santa Barbara County) asked CARB to make a delegation request on their behalf for CAA section 112 area source standards. CARB submitted the request on behalf of the district on May 20, 2010. On July 30, 2010, EPA Region IX approved this request by letter, granting the Santa Barbara County the authority to implement and enforce existing area source standards unchanged as promulgated by EPA.
II. EPA Action
A. Maricopa County
Today's document serves to notify the public of the delegation of NESHAP to Maricopa County on May 6, 2010, and December 14, 2010. Today's action will codify these delegations into the CFR.
B. Santa Barbara County
This document serves to notify the public that, with the exception of the dry cleaning and chromium electroplating standards, EPA granted delegation of unchanged Federal section 112 area source standards to Santa Barbara County on July 30, 2010. Today's action will codify these delegations into the CFR. Santa Barbara County 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. 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. Additionally, as mentioned in 74 FR 12591 (March 25, 2009), and pursuant to 40 CFR sections 63.9(a)(4)(ii) and 63.10(a)(4)(ii), EPA Region IX waives the requirement that notifications or reports for delegated area source standards be submitted to EPA as well as Santa Barbara County.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve delegation requests that comply with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7412(l); 40 CFR 63.91(b). Thus, in reviewing delegation submissions, EPA's role is to approve State choices, provided that they meet the criteria of the CAA. 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 CAA; 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, this rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the delegations are not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on Tribal governments or preempt Tribal law.
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 action 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 . 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 May 17, 2011. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the Proposed Rules section of today's Federal Register , rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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. 7412.
Dated: March 3, 2011.
Deborah Jordan,
Director, Air Division, Region IX.
Title 40, chapter I, part 63 of the Code of Federal Regulations is amended as follows:
PART 63—[AMENDED]
1. The authority citation for Part 63 continues to read as follows:
Authority:
42 U.S.C. 7401, et seq.
Subpart E—Approval of State Programs and Delegation of Federal Authorities
2. Section 63.99 is amended as follows:
a. By revising the table in paragraph (a)(3)(i);
b. By revising paragraphs (a)(5)(i)(B)( 11 ) and ( 12 ); and
c. By adding paragraph (a)(5)(i)(B)( 13 ).
§ 63.99
(a) * * *
(3) * * *
(i) * * *
Delegation Status for Part 63 Standards—Arizona
Subpart
Description
ADEQ 1
MCAQD 2
PDEQ 3
PCAQCD 4
A
General Provisions
X
X
X
X
F
Synthetic Organic Chemical Manufacturing Industry
X
X
X
X
G
Synthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and Wastewater
X
X
X
X
H
Organic Hazardous Air Pollutants: Equipment Leaks
X
X
X
X
I
Organic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment Leaks
X
X
X
X
J
Polyvinyl Chloride and Copolymers Production
X
X
X
L
Coke Oven Batteries
X
X
X
X
M
Perchloroethylene Dry Cleaning
X
X
X
X
N
Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks
X
X
X
X
O
Ethylene Oxide Sterilization Facilities
X
X
X
X
Q
Industrial Process Cooling Towers
X
X
X
X
R
Gasoline Distribution Facilities
X
X
X
X
S
Pulp and Paper
X
X
X
T
Halogenated Solvent Cleaning
X
X
X
X
U
Group I Polymers and Resins
X
X
X
X
W
Epoxy Resins Production and Non-Nylon Polyamides Production
X
X
X
X
X
Secondary Lead Smelting
X
X
X
X
Y
Marine Tank Vessel Loading Operations
AA
Phosphoric Acid Manufacturing Plants
X
X
X
BB
Phosphate Fertilizers Production Plants
X
X
X
CC
Petroleum Refineries
X
X
X
X
DD
Off-Site Waste and Recovery Operations
X
X
X
X
EE
Magnetic Tape Manufacturing Operations
X
X
X
X
GG
Aerospace Manufacturing and Rework Facilities
X
X
X
X
HH
Oil and Natural Gas Production Facilities
X
X
X
JJ
Wood Furniture Manufacturing Operations
X
X
X
X
KK
Printing and Publishing Industry
X
X
X
X
LL
Primary Aluminum Reduction Plants
X
X
MM
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills
X
X
X
OO
Tanks—Level 1
X
X
X
X
PP
Containers
X
X
X
X
QQ
Surface Impoundments
X
X
X
X
RR
Individual Drain Systems
X
X
X
X
SS
Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
X
X
X
TT
Equipment Leaks—Control Level 1
X
X
X
UU
Equipment Leaks—Control Level 2
X
X
X
VV
Oil-Water Separators and Organic-Water Separators
X
X
X
X
WW
Storage Vessels (Tanks)—Control Level 2
X
X
X
XX
Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations
X
X
X
YY
Generic MACT Standards
X
X
X
CCC
Steel Pickling
X
X
X
DDD
Mineral Wool Production
X
X
X
EEE
Hazardous Waste Combustors
X
X
X
GGG
Pharmaceuticals Production
X
X
X
HHH
Natural Gas Transmission and Storage Facilities
X
X
X
III
Flexible Polyurethane Foam Production
X
X
X
JJJ
Group IV Polymers and Resins
X
X
X
X
LLL
Portland Cement Manufacturing Industry
X
X
X
MMM
Pesticide Active Ingredient Production
X
X
X
NNN
Wool Fiberglass Manufacturing
X
X
X
OOO
Manufacture of Amino/Phenolic Resins
X
X
X
PPP
Polyether Polyols Production
X
X
X
QQQ
Primary Copper Smelting
X
X
X
RRR
Secondary Aluminum Production
X
X
X
TTT
Primary Lead Smelting
X
X
X
UUU
Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery Units
X
X
X
VVV
Publicly Owned Treatment Works
X
X
X
XXX
Ferroalloys Production
X
X
X
AAAA
Municipal Solid Waste Landfills
X
X
X
CCCC
Manufacturing of Nutritional Yeast
X
X
X
DDDD
Plywood and Composite Wood Products
X
X
X
EEEE
Organic Liquids Distribution (non-gasoline)
X
X
X
FFFF
Miscellaneous Organic Chemical Manufacturing
X
X
X
GGGG
Solvent Extraction for Vegetable Oil Production
X
X
X
HHHH
Wet-Formed Fiberglass Mat Production
X
X
X
IIII
Surface Coating of Automobiles and Light-Duty Trucks
X
X
JJJJ
Paper and Other Web Coating
X
X
X
KKKK
Surface Coating of Metal Cans
X
X
X
MMMM
Miscellaneous Metal Parts and Products
X
X
X
NNNN
Large Appliances
X
X
X
OOOO
Printing, Coating, and Dyeing of Fabrics and Other Textiles
X
X
X
PPPP
Surface Coating of Plastic Parts and Products
X
X
QQQQ
Wood Building Products
X
X
X
RRRR
Surface Coating of Metal Furniture
X
X
X
SSSS
Surface Coating of Metal Coil
X
X
X
TTTT
Leather Finishing Operations
X
X
X
UUUU
Cellulose Products Manufacturing
X
X
X
VVVV
Boat Manufacturing
X
X
X
WWWW
Reinforced Plastics Composites Production
X
X
X
XXXX
Tire Manufacturing
X
X
X
YYYY
Stationary Combustion Turbines
X
X
X
ZZZZ
Stationary Reciprocating Internal Combustion Engines
X
X
AAAAA
Lime Manufacturing Plants
X
X
X
BBBBB
Semiconductor Manufacturing
X
X
X
CCCCC
Coke Oven: Pushing, Quenching and Battery Stacks
X
X
X
DDDDD
Industrial, Commercial, and Institutional Boiler and Process Heaters
X
X
EEEEE
Iron and Steel Foundries
X
X
X
FFFFF
Integrated Iron and Steel
X
X
X
GGGGG
Site Remediation
X
X
X
HHHHH
Miscellaneous Coating Manufacturing
X
X
X
IIIII
Mercury Emissions from Mercury Cell Chlor-Alkali Plants
X
X
X
JJJJJ
Brick and Structural Clay Products Manufacturing
X
X
X
KKKKK
Clay Ceramics Manufacturing
X
X
X
LLLLL
Asphalt Roofing and Processing
X
X
X
MMMMM
Flexible Polyurethane Foam Fabrication Operation
X
X
X
NNNNN
Hydrochloric Acid Production
X
X
X
PPPPP
Engine Test Cells/Stands
X
X
X
QQQQQ
Friction Products Manufacturing
X
X
X
RRRRR
Taconite Iron Ore Processing
X
X
X
SSSSS
Refractory Products Manufacturing
X
X
X
TTTTT
Primary Magnesium Refining
X
X
X
WWWWW
Hospital Ethylene Oxide Sterilizers
X
X
YYYYY
Area Sources: Electric Arc Furnace Steelmaking Facilities
X
X
ZZZZZ
Iron and Steel Foundries Area Sources
X
X
BBBBBB
Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities
X
X
CCCCCC
Gasoline Dispensing Facilities
X
X
DDDDDD
Polyvinyl Chloride and Copolymers Production Area Sources
X
X
EEEEEE
Primary Copper Smelting Area Sources
X
X
FFFFFF
Secondary Copper Smelting Area Sources
X
X
GGGGGG
Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium
X
X
HHHHHH
Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
X
X
LLLLLL
Acrylic and Modacrylic Fibers Production Area Sources
X
X
MMMMMM
Carbon Black Production Area Sources
X
X
NNNNNN
Chemical Manufacturing Area Sources: Chromium Compounds
X
X
OOOOOO
Flexible Polyurethane Foam Production and Fabrication Area Sources
X
X
PPPPPP
Lead Acid Battery Manufacturing Area Sources
X
X
QQQQQQ
Wood Preserving Area Sources
X
X
RRRRRR
Clay Ceramics Manufacturing Area Sources
X
X
SSSSSS
Glass Manufacturing Area Sources
X
X
TTTTTT
Secondary Nonferrous Metals Processing Area Sources
X
X
WWWWWW
Area Source Standards for Plating and Polishing Operations
X
XXXXXX
Area Source Standards for Nine Metal Fabrication and Finishing Source Categories
X
YYYYYY
Area Sources: Ferroalloys Production Facilities
X
ZZZZZZ
Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries
X
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) * * *
(i) * * *
(B) * * *
( 11 ) Santa Barbara County Air Pollution Control District.
( 12 ) Ventura County Air Pollution Control District.
( 13 ) Yolo-Solano Air Quality Management District.
[FR Doc. 2011-6425 Filed 3-17-11; 8:45 am]
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