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Delegation of National Emission Standards for Hazardous Air Pollutants for Source Categories; State of Nevada, Nevada Division of Environmental Protection

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Information about this document as published in the Federal Register.

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Environmental Protection Agency (EPA).


Direct final rule.


EPA is amending certain regulations to reflect the current delegation status of national emission standards for hazardous air pollutants (NESHAP) in Nevada. Several NESHAP were delegated to the Nevada Division of Environmental Protection on December 4, 2007. The purpose of this action is to update the listing in the Code of Federal Regulations.


This rule is effective on June 2, 2008 without further notice, unless EPA receives adverse comments by May 5, 2008. 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.


Submit comments, identified by docket number EPA-R09-OAR-2008-0229, by one of the following methods:

1. Federal eRulemaking Portal: Follow the on-line instructions.

2. E-mail:

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, 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 or e-mail. 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 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.

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Mae Wang, EPA Region IX, (415) 947-4124,

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

Table of Contents

I. Background

A. Delegation of NESHAP

B. NDEP delegations

II. EPA Action

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. NDEP Delegations

On May 27, 1998, EPA published a direct final action delegating to the Nevada Division of Environmental Protection (NDEP) several NESHAP and approving NDEP's delegation mechanism for future standards (see 63 FR 28906). That action explained the procedure for EPA to grant delegations to NDEP by letter, with periodic Federal Register listings of standards that have been delegated. On November 1, 2007, NDEP requested delegation of the following NESHAP contained in 40 CFR part 63:

  • Subpart IIII—NESHAP: Surface Coating of Automobiles and Light-Duty Trucks
  • Subpart PPPP—NESHAP for Surface Coating of Plastic Parts and Products
  • Subpart GGGGG—NESHAP: Site Remediation
  • Subpart HHHHH—NESHAP: Miscellaneous Coating Manufacturing
  • 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

On December 4, 2007, EPA granted delegation to NDEP for these NESHAP, along with any amendments to previously-delegated NESHAP, as of July 1, 2007. Today's action is serving to notify the public of the December 4, 2007, delegations and to codify these delegations into the Code of Federal Regulations.

II. EPA Action

Today's document serves to notify the public of the delegation of NESHAP to NDEP on December 4, 2007. Today's action will codify these delegations into the Code of Federal Regulations.

III. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and Start Printed Page 18170therefore 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 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 CAA. 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 rule implementing a federal standard.

In reviewing state delegation submissions, our role is to approve state choices, provided that they meet the criteria of the CAA. 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 state submissions for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a state submission, to use VCS in place of a state submission that otherwise satisfies the provisions of the CAA. 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)).

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List of Subjects in 40 CFR Part 63

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Authority: This action is issued under the authority of Section 112 of the Clean Air Act, as amended, 42 U.S.C. 7412.

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Dated: March 19, 2008.

Andrew Steckel,

Acting Director, Air Division, Region IX.

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Title 40, chapter I, part 63 of the Code of Federal Regulations is amended as follows:

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

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

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

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2. Section 63.99 is amended by revising paragraph (a)(28)(i) to read as follows:

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Delegated Federal authorities.

(a) * * *

(28) * * *

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the air pollution control agencies in the State of Nevada. The (X) symbol is used to indicate each category that has been delegated.

Delegation Status for Part 63 Standards—Nevada

SubpartDescriptionNDEP 1WCAQMD 2CCDAQM 3
AGeneral ProvisionsXX
FSynthetic Organic Chemical Manufacturing IndustryX
GSynthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and WastewaterX
HOrganic Hazardous Air Pollutants: Equipment LeaksX
IOrganic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment LeaksX
JPolyvinyl Chloride and Copolymers ProductionX
LCoke Oven BatteriesX
MPerchloroethylene Dry CleaningXX
NHard and Decorative Chromium Electroplating and Chromium Anodizing TanksXX
OEthylene Oxide Sterilization FacilitiesXX
QIndustrial Process Cooling TowersX
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RGasoline Distribution FacilitiesXX
SPulp and PaperX
THalogenated Solvent CleaningXX
UGroup I Polymers and ResinsX
WEpoxy Resins Production and Non-Nylon Polyamides ProductionX
XSecondary Lead SmeltingX
YMarine Tank Vessel Loading OperationsX
AAPhosphoric Acid Manufacturing PlantsX
BBPhosphate Fertilizers Production PlantsX
CCPetroleum RefineriesX
DDOff-Site Waste and Recovery OperationsX
EEMagnetic Tape Manufacturing OperationsX
GGAerospace Manufacturing and Rework FacilitiesX
HHOil and Natural Gas Production FacilitiesX
IIShipbuilding and Ship Repair (Surface Coating)X
JJWood Furniture Manufacturing OperationsX
KKPrinting and Publishing IndustryXX
LLPrimary Aluminum Reduction PlantsX
MMChemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp MillsX
OOTanks—Level 1X
QQSurface ImpoundmentsX
RRIndividual Drain SystemsX
SSClosed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a ProcessX
TTEquipment Leaks—Control Level 1X
UUEquipment Leaks—Control Level 2X
VVOil-Water Separators and Organic-Water SeparatorsX
WWStorage Vessels (Tanks)—Control Level 2X
XXEthylene Manufacturing Process Units: Heat Exchange Systems and Waste OperationsX
YYGeneric MACT StandardsX
CCCSteel PicklingX
DDDMineral Wool ProductionX
EEEHazardous Waste CombustorsX
GGGPharmaceuticals ProductionX
HHHNatural Gas Transmission and Storage FacilitiesX
IIIFlexible Polyurethane Foam ProductionX
JJJGroup IV Polymers and ResinsX
LLLPortland Cement Manufacturing IndustryX
MMMPesticide Active Ingredient ProductionX
NNNWool Fiberglass ManufacturingX
OOOManufacture of Amino/Phenolic ResinsX
PPPPolyether Polyols ProductionX
QQQPrimary Copper SmeltingX
RRRSecondary Aluminum ProductionX
TTTPrimary Lead SmeltingX
UUUPetroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery UnitsX
VVVPublicly Owned Treatment WorksX
XXXFerroalloys ProductionX
AAAAMunicipal Solid Waste LandfillsX
CCCCManufacturing of Nutritional YeastX
DDDDPlywood and Composite Wood ProductsX
EEEEOrganic Liquids Distribution (non-gasoline)X
FFFFMiscellaneous Organic Chemical ManufacturingX
GGGGSolvent Extraction for Vegetable Oil ProductionX
HHHHWet-Formed Fiberglass Mat ProductionX
IIIISurface Coating of Automobiles and Light-Duty TrucksX
JJJJPaper and Other Web CoatingX
KKKKSurface Coating of Metal CansX
MMMMMiscellaneous Metal Parts and ProductsX
NNNNLarge AppliancesX
OOOOPrinting, Coating, and Dyeing of Fabrics and Other TextilesX
PPPPSurface Coating of Plastic Parts and ProductsX
QQQQWood Building ProductsX
IRRRRSurface Coating of Metal FurnitureX
SSSSSurface Coating of Metal CoilX
TTTTLeather Finishing OperationsX
UUUUCellulose Products ManufacturingX
VVVVBoat ManufacturingX
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WWWWReinforced Plastics Composites ProductionX
XXXXTire ManufacturingX
YYYYStationary Combustion TurbinesX
ZZZZStationary Reciprocating Internal Combustion EnginesX
AAAAALime Manufacturing PlantsX
BBBBBSemiconductor ManufacturingX
CCCCCCoke Oven: Pushing, Quenching and Battery StacksX
DDDDDIndustrial, Commercial, and Institutional Boiler and Process HeatersX
EEEEEIron and Steel FoundriesX
FFFFFIntegrated Iron and SteelX
GGGGGSite RemediationX
HHHHHMiscellaneous Coating ManufacturingX
JJJJJBrick and Structural Clay Products ManufacturingX
KKKKKClay Ceramics ManufacturingX
LLLLLAsphalt Roofing and ProcessingX
MMMMMFlexible Polyurethane Foam Fabrication OperationX
NNNNNHydrochloric Acid ProductionX
PPPPPEngine Test Cells/StandsX
QQQQQFriction Products ManufacturingX
SSSSSRefractory Products ManufacturingX
DDDDDDPolyvinyl Chloride and Copolymers Production Area SourcesX
EEEEEEPrimary Copper Smelting Area SourcesX
FFFFFFSecondary Copper Smelting Area SourcesX
GGGGGGPrimary Nonferrous Metals Area Sources—Zinc, Cadmium, and BerylliumX
1 Nevada Division of Environmental Protection.
2 Washoe County Air Quality Management Division.
3 Clark County Department of Air Quality Management.
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[FR Doc. E8-6919 Filed 4-2-08; 8:45 am]