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Rule

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

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

EPA is updating the Code of Federal Regulations (CFR) delegation tables to reflect the current delegation status of the New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) in Arizona and Nevada. These updates were proposed in the Federal Register on June 21, 2007.

DATES:

Effective Date: This rule is effective on May 5, 2008.

ADDRESSES:

EPA established docket number EPA-R09-OAR-2006-1014 for this action. The index to the docket 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 Start Printed Page 18163the 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., confidential business information). 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, EPA Region IX, (415) 947-4120, allen.cynthia@epa.gov.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

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

Table of Contents

I. Background

II. Public Comment and EPA Response

III. EPA Action

IV. Statutory and Executive Order Reviews

I. Background

On June 21, 2007, EPA proposed to update the delegation tables in the Code of Federal Regulations, Title 40 (40 CFR) Parts 60 and 61, to allow easier access by the public to the status of delegations in Arizona and Nevada jurisdictions (see 72 FR 34209). The updated delegation tables 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.

II. Public Comment and EPA Response

EPA's proposed action provided a 30-day public comment period. During this period, we received one comment from the State of Nevada's Division of Environmental Protection (NDEP). NDEP noted that it requested delegation of Appendix B, Performance Specifications, of 40 CFR Part 60 (Appendix B), and that EPA approved this request by letter dated January 12, 2007. However, EPA's proposed rulemaking did not include Appendix B in the “Delegation Status for NSPS for Nevada” table. NDEP requested that EPA add Appendix B to Nevada's NSPS delegation status table.

Appendix B was included in our approval letter of January 12, 2007 in error. Appendices to 40 CFR Parts 60 and 61 are not performance standards and are not delegable under Clean Air Act Sections 111(c)(1) or 112(l)(1). However, all applicable test methods and other requirements in the Appendices must be followed as required by the delegated subparts (see EPA's proposed rule published on January 14, 2002 (67 FR 1676) and subsequent final rule published on April 26, 2002 (67 FR 20652)).

III. EPA Action

No comments were submitted that change our assessment of the delegations as described in our proposed action. Therefore, as authorized in Sections 111(c)(1) and 112(l)(1) of the Clean Air Act, EPA is updating the CFR tables for Arizona and Nevada as proposed in the Federal Register on June 21, 2007.

IV. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely updates the list of approved delegations in the Code of Federal Regulations and imposes no additional requirements. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule does not impose any additional enforceable duty beyond that required by state or local 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 updates the list of already-approved delegations, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it approves a state or local rule implementing a federal standard.

In reviewing state or local delegation submissions, our role is to approve state or local 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 or local government to use voluntary consensus standards (VCS), EPA has no authority to disapprove state or local submissions for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a state or local submission, to use VCS in place of a state or local 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 June 2, 2008. 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)) of the Clean Air Act.

Start List of Subjects

List of Subjects in 40 CFR Parts 60 and 61

End List of Subjects Start Authority

Authority: This action is issued under the authority of Sections 111 and 112 of the Clean Air Act, as amended (42 U.S.C. 7411 and 7412).

End Authority Start Signature

Dated: March 19, 2008.

Andrew Steckel,

Acting Director, Air Division, Region IX.

End Signature Start Amendment Part

For the reasons set out in the preamble, Title 40, Chapter I, Parts 60 and 61 of the Code of Federal Regulations is amended as follows:

End Amendment Part 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 paragraphs (d)(1) and (d)(4) to read as follows:

End Amendment Part
Address.
* * * * *

(d) * * *

(1) Arizona. The following table identifies delegations as of May 18, 2006:

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, 1994XXX
EcHospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996XX
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
Start Printed Page 18165
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 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)
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 IndustriesXXX
VVVPolymeric Coating of Supporting Substrates FacilitiesXXXX
WWWMunicipal Solid Waste LandfillsXXX
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, 2001XX
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, 2001XX
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, 2006
KKKKStationary Combustion Turbines
GGGG(Reserved)
* * * * *

(4) Nevada. The following table identifies delegations as of January 12, 2007:

Delegation Status for New Source Performance Standards for Nevada

SubpartAir pollution control agency
Nevada DEPClark CountyWashoe County
AGeneral ProvisionsXXX
Start Printed Page 18166
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 UnitsX
DcSmall Industrial Steam Generating UnitsX
EIncineratorsXXX
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, 1996X
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 Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984X
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, 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 IndustryX
CCC(Reserved)
DDDVolatile Organic Compounds (VOC) Emissions from the Polymer Manufacturing IndustryX
EEE(Reserved)
FFFFlexible Vinyl and Urethane Coating and PrintingXX
Start Printed Page 18167
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 ProcessesX
JJJPetroleum Dry CleanersXXX
KKKEquipment Leaks of VOC From Onshore Natural Gas Processing PlantsX
LLLOnshore Natural Gas Processing: SO2 EmissionsX
MMM(Reserved)
NNNVolatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation OperationsX
OOONonmetallic Mineral Processing PlantsXX
PPPWool Fiberglass Insulation Manufacturing PlantsXX
QQQVOC Emissions From Petroleum Refinery Wastewater SystemsX
RRRVolatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes
SSSMagnetic Tape Coating FacilitiesX
TTTIndustrial Surface Coating: Surface Coating of Plastic Parts for Business MachinesX
UUUCalciners and Dryers in Mineral IndustriesX
VVVPolymeric Coating of Supporting Substrates FacilitiesX
WWWMunicipal Solid Waste LandfillsX
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
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, 2006X
KKKKStationary Combustion TurbinesX
GGGG(Reserved)
* * * * *
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 paragraphs (c)(9)(i) and (c)(9)(iv) to read as follows:

End Amendment Part
Address.
* * * * *

(c) * * *

(9) * * *

(i) Arizona. The following table identifies delegations as of June 14, 2006:

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 BenzeneXXX
KRadionuclide Emissions From Elemental Phosphorus Plants
LBenzene Emissions from Coke By-Product Recovery PlantsXXXX
MAsbestosXXXX
NInorganic Arsenic Emissions From Glass Manufacturing PlantsX
OInorganic Arsenic Emissions From Primary Copper SmeltersX
PInorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production FacilitiesXX
QRadon Emissions From Department of Energy Facilities
Start Printed Page 18168
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) Nevada. The following table identifies delegations as of September 21, 2005:

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
EMercuryXX
FVinyl ChlorideXX
G(Reserved)
HEmissions of Radionuclides Other Than Radon From Department of Energy FacilitiesX
IRadionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart HX
JEquipment Leaks (Fugitive Emission Sources) of BenzeneX
KRadionuclide Emissions From Elemental Phosphorus PlantsX
LBenzene Emissions from Coke By-Product Recovery PlantsX
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
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
Start Printed Page 18169
* * * * *
End Supplemental Information

[FR Doc. E8-6915 Filed 4-2-08; 8:45 am]

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