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Rule

Delegation of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants for States of Arizona, California, Hawaii, and Nevada

Document Details

Information about this document as published in the Federal Register.

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Start Preamble

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Direct final rule.

SUMMARY:

EPA is finalizing updates for delegation of certain federal standards to state and local agencies in Region IX. This document is addressing general authorities mentioned in the regulations for New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants, updating the delegations tables and clarifying those authorities that are retained by EPA.

DATES:

This rule is effective on March 20, 2006 without further notice, unless EPA receives adverse comments by February 16, 2006. 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 [Docket Number], 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 deliver: 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.

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.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Cynthia G. Allen at (415) 947-4120, U.S. Environmental Protection Agency, Region IX, Rulemaking Office (AIR-4), 75 Hawthorne Street, San Francisco, California 94105.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

The supplementary information is organized in the following order:

What Is the Purpose of This Document?

Who Is Authorized To Delegate These Authorities?

What Does Delegation Accomplish?

What Authorities Are Not Delegated by EPA?

Does EPA Keep Some Authority?

Administrative Requirements

What Is the Purpose of This Document?

Today's action will update the delegation tables in 40 CFR parts 60 and 61, to allow easier access by the public to the status of delegations in various state or local jurisdictions. We are following the general procedures described in 67 FR 20652 (April 26, 2002). The updated delegation tables will include the delegations approved in response to recent requests, as well as those previously granted. Those tables are shown at the end of this document.

Recent requests for delegation that will be incorporated into the CFR tables are identified below. Each individual submittal identifies the specific NSPS and NESHAPS for which delegation was requested. All of these requests have already been approved by letter and simply need to be included in the CFR.

AgencyDate of request
Hawaii Department of HealthApril 20, 2004.
Nevada Division of Environmental ProtectionDecember 27, 2004, June 22, 2005, and August 17, 2005.
Pima County Department of Environmental QualityNovember 8, 2004.
San Joaquin Valley Air Pollution Control DistrictSeptember 28, 2004.
Start Printed Page 2473

Who Is Authorized To Delegate These Authorities?

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

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, as appropriate, with a copy to EPA Region IX. Acceptance of delegation constitutes agreement by the state or local agency to follow 40 CFR parts 60 and 61, and EPA's test methods and continuous monitoring procedures.

What Authorities Are Not Delegated by EPA?

In general, 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 EPA, please see the proposed rule published on January 14, 2002 (67 FR 1676).

As additional assurance of national consistency, state and local agencies must send to EPA Region IX Air Division's Enforcement Office 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), 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.

Does EPA Keep Some Authority?

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

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 approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. 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 approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, 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 approves a state rule implementing a Federal standard, 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 delegation requests, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a delegation request for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a request for delegation, to use VCS in place of a submission that otherwise satisfies the provisions of the Clean Air Act. 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 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 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 March 20, 2006. 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)).

Start List of Subjects

List of Subjects in 40 CFR Parts 60 and 61

End List of Subjects Start Signature

Dated: November 21, 2005.

Kerry Drake,

Acting Director, Air Division, Region IX.

End Signature Start Amendment Part

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

End Amendment Part Start Part Start Printed Page 2474

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 paragraphs (d)(1), (d)(2)(vii), (d)(3), and (d)(4) to read as follows:

End Amendment Part
Address.

(d) * * *

(1) Arizona. The following table identifies delegations as of October 21, 2004:

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 Steam Generating UnitsXXXX
EIncineratorsXXXX
EaMunicipal Waste Combustors Constructed After December 20, 1989 and On or Before September 20, 1994XXXX
EbMunicipal Waste Combustors Constructed After September 20, 1994XX
EcHospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996X
FPortland Cement PlantsXXXX
GNitric Acid PlantsXXXX
HSulfuric Acid PlantXXXX
IHot Mix Asphalt FacilitiesXXXX
JPetroleum RefineriesXXXX
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
KbVolatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984XXXX
LSecondary Lead SmeltersXXXX
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 SmeltersXXXX
QPrimary Zinc SmeltersXXXX
RPrimary Lead SmeltersXXXX
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 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
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
Start Printed Page 2475
SSIndustrial Surface Coating: Large AppliancesXXXX
TTMetal Coil Surface CoatingXXXX
UUAsphalt Processing and Asphalt Roofing ManufactureXXXX
VVEquipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing IndustryXXXX
WWBeverage Can Surface Coating IndustryXXXX
XXBulk Gasoline TerminalsXXXX
AAANew Residential Wool HeatersXXXX
BBBRubber Tire Manufacturing IndustryXXXX
CCC(Reserved)
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 RefineriesXXXX
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)XXXX
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 SystemsXXXX
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 IndustriesXX
VVVPolymeric Coating of Supporting Substrates FacilitiesXXXX
WWWMunicipal Solid Waste LandfillsXX
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, 2001X
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, 2001X

(2) * * *

(vii) Delegations for San Diego County Air Pollution Control District, San Joaquin Valley Unified Air Pollution Control District, San Luis Obispo County Air Pollution Control District, and Santa Barbara County Air Pollution Control District are shown in the following table:

Delegation Status for New Source Performance Standards for San Diego County Air Pollution Control District, San Joaquin Valley Unified Air Pollution Control District, San Luis Obispo County Air Pollution Control District, and Santa Barbara County Air Pollution Control District

SubpartAir Pollution Control Agency
San Diego County APCDSan Joaquin Valley Unified APCDSan Luis Obispo County APCDSanta Barbara County APCD
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 UnitsXXX
DcSmall Industrial Steam Generating UnitsXXX
EIncineratorsXXXX
EaMunicipal Waste Combustors Constructed After December 20, 1989 and On or Before September 20, 1994XXX
Start Printed Page 2476
EbMunicipal Waste Combustors Constructed After September 20, 1994X
EcHospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996
FPortland Cement PlantsXXX
GNitric Acid PlantsXXX
HSulfuric Acid PlantsXXX
IHot Mix Asphalt FacilitiesXXXX
JPetroleum RefineriesXXXX
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
KbVolatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984XXXX
LSecondary Lead SmeltersXXXX
MSecondary Brass and Bronze Production PlantsXXXX
NPrimary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973XXX
NaSecondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983XXX
OSewage Treatment PlantsXXXX
PPrimary Copper SmeltersXXX
QPrimary Zinc SmeltersXXX
RPrimary Lead SmeltersXXX
SPrimary Aluminum Reduction PlantsXXX
TPhosphate Fertilizer Industry: Wet Process Phosphoric Acid PlantsXXX
UPhosphate Fertilizer Industry: Superphosphoric Acid PlantsXXX
VPhosphate Fertilizer Industry: Diammonium Phosphate PlantsXXX
WPhosphate Fertilizer Industry: Triple Superphosphate PlantsXXX
XPhosphate Fertilizer Industry: Granular Triple Superphosphate Storage FacilitiesXXX
YCoal Preparation PlantsXXX
ZFerroalloy Production FacilitiesXXX
AASteel Plants: Electric Arc Furnaces Constructed After October 21, 1974 and On or Before August 17, 1983XXX
AAaSteel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 7, 1983XXX
BBKraft pulp MillsXXX
CCGlass Manufacturing PlantsXXXX
DDGrain ElevatorsXXXX
EESurface Coating of Metal FurnitureXXX
FF(Reserved)
GGStationary Gas TurbinesXXXX
HHLime Manufacturing PlantsXXX
KKLead-Acid Battery Manufacturing PlantsXXX
LLMetallic Mineral Processing PlantsXXX
MMAutomobile and Light Duty Trucks Surface Coating OperationsXXX
NNPhosphate Rock PlantsXXX
PPAmmonium Sulfate ManufactureXXX
QQGraphic Arts Industry: Publication Rotogravure PrintingXXX
RRPressure Sensitive Tape and Label Surface Coating OperationsXXX
SSIndustrial Surface Coating: Large AppliancesXXX
TTMetal Coil Surface CoatingXXX
UUAsphalt Processing and Asphalt Roofing ManufactureXXX
VVEquipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing IndustryXXX
WWBeverage Can Surface Coating IndustryXXX
XXBulk Gasoline Terminals
AAANew Residential Wool HeatersXXX
BBBRubber Tire Manufacturing IndustryXXX
CCC(Reserved)
Start Printed Page 2477
DDDVolatile Organic Compounds (VOC) Emissions from the Polymer Manufacturing IndustryXX
EEE(Reserved)
FFFFlexible Vinyl and Urethane Coating and PrintingXXX
GGGEquipment Leaks of VOC in Petroleum RefineriesXXX
HHHSynthetic Fiber Production FacilitiesXXX
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 PlantsXXX
LLLOnshore Natural Gas Processing: SO2 EmissionsXXX
MMM(Reserved)
NNNVolatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation OperationsXX
OOONonmetallic Mineral Processing PlantsXXXX
PPPWool Fiberglass Insulation Manufacturing PlantsXXX
QQQVOC Emissions From Petroleum Refinery Wastewater SystemsXXX
RRRVolatile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor ProcessesXXX
SSSMagnetic Tape Coating FacilitiesXXX
TTTIndustrial Surface Coating: Surface Coating of Plastic Parts for Business MachinesXXX
UUUCalciners and Dryers in Mineral IndustriesXXXX
VVVPolymeric Coating of Supporting Substrates FacilitiesXXX
WWWMunicipal Solid Waste LandfillsXXXX
* * * * *

(3) Hawaii. The following table identifies delegations as of October 21, 2004:

Delegation Status for New Source Performance Standards for Hawaii

SubpartHawaii
AGeneral ProvisionsX
DFossil-Fuel Fired Steam Generators Constructed After August 17, 1971X
DaElectric Utility Steam Generating Units Constructed After September 18, 1978X
DbIndustrial-Commercial-Institutional Steam Generating UnitsX
DcSmall Industrial Steam Generating UnitsX
EIncineratorsX
EaMunicipal Waste Combustors Constructed After December 20, 1989 and On or Before September 20, 1994X
EbMunicipal Waste Combustors Constructed After September 20, 1994X
EcHospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 19X
FPortland Cement PlantsX
GNitric Acid Plants
HSulfuric Acid Plants
IHot Mix Asphalt FacilitiesX
JPetroleum RefineriesX
KaStorage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984X
KbVolatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984X
LSecondary Lead Smelters
MSecondary Brass and Bronze Production Plants
NPrimary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973
NaSecondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983
OSewage Treatment PlantsX
PPrimary Copper Smelters
QPrimary Zinc Smelters
RPrimary Lead Smelters
SPrimary Aluminum Reduction Plants
Start Printed Page 2478
TPhosphate Fertilizer Industry: Wet Process Phosphoric Acid Plants
UPhosphate Fertilizer Industry: Superphosphoric Acid Plants
VPhosphate Fertilizer Industry: Diammonium Phosphate Plants
WPhosphate Fertilizer Industry: Triple Superphosphate Plants
XPhosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities
YCoal Preparation PlantsX
ZFerroalloy Production Facilities
AASteel Plants: Electric Arc Furnaces Constructed After October 21, 1974 and On or Before August 17, 1983X
AAaSteel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 7,1983X
BBKraft pulp Mills
CCGlass Manufacturing Plants
DDGrain Elevators
EESurface Coating of Metal Furniture
FF(Reserved)
GGStationary Gas TurbinesX
HHLime Manufacturing Plants
KKLead-Acid Battery Manufacturing Plants
LLMetallic Mineral Processing Plants
MMAutomobile and Light Duty Trucks Surface Coating Operations
NNPhosphate Rock Plants
PPAmmonium Sulfate Manufacture
QQGraphic Arts Industry: Publication Rotogravure Printing
RRPressure Sensitive Tape and Label Surface Coating Operations
SSIndustrial Surface Coating: Large Appliances
TTMetal Coil Surface Coating
UUAsphalt Processing and Asphalt Roofing Manufacture
VVEquipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing IndustryX
WWBeverage Can Surface Coating IndustryX
XXBulk Gasoline TerminalsX
AAANew Residential Wool Heaters
BBBRubber Tire Manufacturing Industry
CCC(Reserved)
DDDVolatile Organic Compounds (VOC) Emissions from the Polymer Manufacturing Industry
EEE(Reserved)
FFFFlexible Vinyl and Urethane Coating and Printing
GGGEquipment Leaks of VOC in Petroleum RefineriesX
HHHSynthetic Fiber Production Facilities
IIIVolatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes
JJJPetroleum Dry CleanersX
KKKEquipment Leaks of VOC From Onshore Natural Gas Processing Plants
LLLOnshore Natural Gas Processing: SO2 Emissions
MMM(Reserved)
NNNVolatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation OperationsX
OOONonmetallic Mineral Processing PlantsX
PPPWool Fiberglass Insulation Manufacturing Plants
QQQVOC Emissions From Petroleum Refinery WastewaterX
RRRVolatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes
SSSMagnetic Tape Facilities
TTTIndustrial Surface Coating: Surface Coating of Plastic Parts for Business Machines
UUUCalciners and Dryers in Mineral IndustriesX
VVVPolymeric Coating of Supporting Substrates FacilitiesX
WWWMunicipal Solid Waste Landfills
AAAASmall MunIcipal Waste Combudtion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001X
CCCCCommercial and Industrial Solid Waste Incineration Units for Which Construction Is Commenced After November 30, 199 or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001X

(4) Nevada. The following table identifies delegations as of October 21, 2004: Start Printed Page 2479

Delegation Status for New Source Performance Standards for Nevada

SubpartAir Pollution Control Agency
Nevada DEPClark CountyWashoe County
AGeneral ProvisionsXXX
DFossil-Fuel Fired Steam Generators Constructed After August 17, 1971XXX
DaElectric Utility Steam Generating Units Constructed After September 18, 1978X
DbIndustrial-Commercial-Institutional Steam Generating Units
DcSmall Industrial Steam Generating Units
EIncineratorsXXX
EaMunicipal Waste Combustors Constructed After December 20, 1989 and On or Before September 20, 1994
EbMunicipal Waste Combustors Constructed After September 20, 1994
EcHospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996
FPortland Cement PlantsXXX
GNitric Acid PlantsXX
HSulfuric Acid PlantsXX
IHot Mix Asphalt FacilitiesXXX
JPetroleum RefineriesXX
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 X Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984X
LSecondary Lead SmeltersXXX
M0Secondary 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, 1983X
OSewage Treatment PlantsXXX
PPrimary Copper SmeltersXXX
QPrimary Zinc SmeltersXXX
RPrimary Lead SmeltersXXX
SPrimary Aluminum Reduction PlantsXX
TPhosphate Fertilizer Industry: Wet Process Phosphoric Acid PlantsXX
UPhosphate Fertilizer Industry: Superphosphoric Acid PlantsXX
VPhosphate Fertilizer Industry: Diammonium Phosphate PlantsXX
WPhosphate Fertilizer Industry: Triple Superphosphate PlantsXX
XPhosphate Fertilizer Industry: Granular Triple Superphosphate Storage FacilitiesXX
YCoal Preparation 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, 1983X
BBKraft pulp MillsXX
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
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 Chemicals Manufacturing IndustryXXX
WWBeverage Can Surface Coating IndustryXX
XXBulk Gasoline TerminalsXX
AAANew Residential Wool Heaters
BBBRubber Tire Manufacturing Industry
CCC(Reserved)
DDDVolatile Organic Compounds (VOC) Emissions from the Polymer Manufacturing Industry
Start Printed Page 2480
EEE(Reserved)
FFFFlexible Vinyl and Urethane Coating and PrintingXX
GGGEquipment Leaks of VOC in Petroleum RefineriesXX
HHHSynthetic Fiber Production FacilitiesXX
IIIVolatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes
JJJPetroleum Dry CleanersXXX
KKKEquipment Leaks of VOC From Onshore Natural Gas Processing PlantsX
LLLOnshore Natural Gas Processing: SO2 Emissions
MMM(Reserved)
NNNVolatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations
OOONonmetallic Mineral Processing PlantsXX
PPPWool Fiberglass Insulation Manufacturing PlantsXX
QQQVOC Emissions From Petroleum Refinery Wastewater Systems
RRRVolatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes
SSSMagnetic Tape Coating Facilities
TTTIndustrial Surface Coating: Surface Coating of Plastic Parts for Business Machines
UUUCalciners and Dryers in Mineral Industries
VVVPolymeric Coating of Supporting Substrates Facilities
WWWMunicipal Solid Waste Landfills
* * * * *
Start Part

PART 61—[AMENDED]

End Part Start Amendment Part

1. 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—General Provisions

Start Amendment Part

2. Section 61.04 is amended by revising paragraphs (c)(9)(i), (c)(9)(ii)(G), (c)(9)(iii) and (c)(9)(iv) to read as follows:

End Amendment Part
Address.

(c) * * *

(9) * * *

(i) Arizona. The following table identifies delegations as of October 21, 2004:

Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Arizona

SubpartAir Pollution Control Agency
Arizona DEQMaricopa CountyPima CountyPinal County
AGeneral ProvisionsXXXX
BRadon Emissions From Underground Uranium
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 for Coke By-Product Recovery PlantsXXXX
MAsbestosXXXX
NInorganic Arsenic Emissions From Glass Manufacturing PlantsXXX
OInorganic Arsenic Emissions From Primary Copper SmeltersXXX
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)
Start Printed Page 2481
BBBenzene Emissions From Benzene Transfer OperationsXXXX
CC-EE(Reserved)
FFBenzene Waste OperationsXXXX

(ii) * * *

(G) Delegations for San Diego County Air Pollution Control District, San Joaquin Valley Unified Air Pollution Control District, San Luis Obispo County Air Pollution Control District, and Santa Barbara County Air Pollution Control District are shown in the following table:

Delegation Status for National Emissions Standards for Hazardous Air Pollutants for San Diego County Air Pollution Control District, San Joaquin Valley Unified Air Pollution Control District, San Luis Obispo County Air Pollution Control District, and Santa Barbara County Air Pollution Control District

SubpartAir Pollution Control Agency
San Diego County APCDSan Joaquin Valley APCDSan Luis Obispo County APCDSanta Barbara County APCD
AGeneral ProvisionsXXXX
BRadon Emissions From Underground Uranium
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 BenzeneXXX
KRadionuclide Emissions From Elemental Phosphorus PlantsX
LBenzene Emissions from Coke By-Product Recovery PlantsXXX
MAsbestosXXXX
NInorganic Arsenic Emissions From Glass Manufacturing PlantsXXX
OInorganic Arsenic Emissions From Primary Copper SmeltersXXX
PInorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production FacilitiesXXX
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)XXX
WRadon Emissions From Operating Mill Tailings
X(Reserved)
YBenzene Emissions From Benzene Storage VesselsXXX
Z-AA(Reserved)
BBBenzene Emissions From Benzene Transfer OperationsXXX
CC-EE(Reserved)
FFBenzene Waste OperationsXXX
* * * * *

(iii) Hawaii. The following table identifies delegations as of October 21, 2004:

Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Hawaii

SubpartHawaii
AGeneral ProvisionsX
BRadon Emissions From Underground Uranium
Start Printed Page 2482
CBerylliumX
DBeryllium Rocket Motor FiringX
EMercuryX
FVinyl Chloride
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 BenzeneX
KRadionuclide Emissions From Elemental Phosphorus Plants
LBenzene Emissions from Coke By-Product Recovery Plants
MAsbestosX
NInorganic Arsenic Emissions From Glass Manufacturing Plants
OInorganic Arsenic Emissions From Primary Copper Smelters
PInorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities
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)X
WRadon Emissions From Operating Mill Tailings
X(Reserved)
YBenzene Emissions From Benzene Storage VesselsX
Z-AA(Reserved)
BBBenzene Emissions From Benzene Transfer OperationsX
CC-EE(Reserved)
FFBenzene Waste OperationsX

(iv) Nevada. The following table identifies delegations as of October 21, 2004:

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
CBerylliumXXX
DBeryllium Rocket Motor FiringXX
EMercuryXXX
FVinyl ChlorideXX
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 BenzeneX
KRadionuclide Emissions From Elemental Phosphorus Plants
LBenzene Emissions from Coke By Product Recovery Plants
MAsbestosXX
NInorganic Arsenic Emissions From Glass Manufacturing PlantsX
OInorganic Arsenic Emissions From Primary Copper SmeltersX
PInorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production FacilitiesX
VEquipment Leaks (Fugitive Emission Sources)X
BBBenzene Emissions From Benzene Transfer OperationsX
FFBenzene Waste OperationsX
* * * * *
End Supplemental Information

[FR Doc. 06-382 Filed 1-13-06; 8:45 am]

BILLING CODE 6560-50-P