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Delegation of National Emission Standards for Hazardous Air Pollutants for Source Categories; State of Arizona, Arizona Department of Environmental Quality, Pima County Department of Environmental Quality

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Information about this document as published in the Federal Register.

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AGENCY:

Environmental Protection Agency (EPA).

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. Several NESHAP were delegated to the Arizona Department of Environmental Quality on June 4, 2008, and to the Pima County Department of Environmental Quality on June 16, 2008. The purpose of this action is to update the listing in the Code of Federal Regulations.

DATES:

This rule is effective on October 14, 2008, without further notice, unless EPA receives adverse comments by September 15, 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.

ADDRESSES:

Submit comments, identified by docket number EPA-R09-OAR-2008-0555, by one of the following methods: Start Printed Page 47547

1. Federal eRulemaking Portal: 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 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 www.regulations.gov or e-mail. 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 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.

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FOR FURTHER INFORMATION CONTACT:

Mae Wang, EPA Region IX, (415) 947-4124, wang.mae@epa.gov.

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SUPPLEMENTARY INFORMATION:

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

Table of Contents

I. Background

A. Delegation of NESHAP

B. ADEQ Delegations

C. PDEQ 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. ADEQ Delegations

On July 17, 1998, EPA published a direct final action delegating to the Arizona Department of Environmental Quality (ADEQ) several NESHAP and approving ADEQ's delegation mechanism for future standards (see 63 FR 38478). That action explained the procedure for EPA to grant delegations to ADEQ by letter, with periodic Federal Register listings of standards that have been delegated. On April 17, 2008, ADEQ requested delegation of the following NESHAP contained in 40 CFR part 63:

  • Subpart DDDD—NESHAP: Plywood and Composite Wood Products
  • Subpart DDDDD—NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters

On June 4, 2008, EPA granted delegation to ADEQ for these NESHAP, along with any amendments to previously-delegated NESHAP, as of July 1, 2006. Today's action is serving to notify the public of the June 4, 2008, delegations and to codify these delegations into the Code of Federal Regulations.

C. PDEQ Delegations

On June 28, 1999, EPA published a direct final action delegating to the Pima County Department of Environmental Quality (PDEQ) several NESHAP and approving PDEQ's delegation mechanism for future standards (see 64 FR 34560). That action explained the procedure for EPA to grant delegations to PDEQ by letter, with periodic Federal Register listings of standards that have been delegated. On May 23, 2008, PDEQ requested delegation of the following NESHAP contained in 40 CFR part 63:

  • Subpart J—NESHAP for Polyvinyl Chloride and Copolymers Production
  • Subpart MM—NESHAP for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills
  • Subpart XX—National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations
  • Subpart DDDD—NESHAP: Plywood and Composite Wood Products
  • 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 Start Printed Page 47548
  • 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 June 16, 2008, EPA granted delegation to PDEQ for these NESHAP, along with any amendments to previously-delegated NESHAP, as of February 1, 2008. Today's action is serving to notify the public of the June 16, 2008, 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 ADEQ on June 4, 2008, and to PDEQ on June 16, 2008. Today's action will codify these delegations into the Code of Federal Regulations.

III. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a delegation request that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7412(l); 40 CFR 63.91(b). Thus, in reviewing state delegation submissions, our role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely updates the list of approved delegations in the Code of Federal Regulations and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

  • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
  • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
  • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
  • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
  • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
  • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
  • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
  • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and
  • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable 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 delegation submission is 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 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 October 14, 2008. 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. 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: July 25, 2008.

Amy Zimpfer,

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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PART 63—[AMENDED]

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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)(3) to read as follows:

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Delegated Federal authorities.

(a) * * *

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

Delegation Status for Part 63 Standards—Arizona

SubpartDescriptionADEQ 1MCAQD 2PDEQ 3PCAQCD 4
AGeneral ProvisionsXXXX
FSynthetic Organic Chemical Manufacturing IndustryXXXX
GSynthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and WastewaterXXXX
HOrganic Hazardous Air Pollutants: Equipment LeaksXXXX
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IOrganic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment LeaksXXXX
JPolyvinyl Chloride and Copolymers ProductionXXX
LCoke Oven BatteriesXXXX
MPerchloroethylene Dry CleaningXXXX
NHard and Decorative Chromium Electroplating and Chromium Anodizing TanksXXXX
OEthylene Oxide Sterilization FacilitiesXXXX
QIndustrial Process Cooling TowersXXXX
RGasoline Distribution FacilitiesXXXX
SPulp and PaperXXX
THalogenated Solvent CleaningXXXX
UGroup I Polymers and ResinsXXXX
WEpoxy Resins Production and Non-Nylon Polyamides ProductionXXXX
XSecondary Lead SmeltingXXXX
AAPhosphoric Acid Manufacturing PlantsXXX
BBPhosphate Fertilizers Production PlantsXXX
CCPetroleum RefineriesXXXX
DDOff-Site Waste and Recovery OperationsXXXX
EEMagnetic Tape Manufacturing OperationsXXXX
GGAerospace Manufacturing and Rework FacilitiesXXXX
HHOil and Natural Gas Production FacilitiesXXX
JJWood Furniture Manufacturing OperationsXXXX
KKPrinting and Publishing IndustryXXXX
LLPrimary Aluminum Reduction PlantsXX
MMChemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp MillsXXX
OOTanks—Level 1XXXX
PPContainersXXXX
QQSurface ImpoundmentsXXXX
RRIndividual Drain SystemsXXXX
SSClosed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a ProcessXXX
TTEquipment Leaks—Control Level 1XXX
UUEquipment Leaks—Control Level 2XXX
VVOil-Water Separators and Organic-Water SeparatorsXXXX
WWStorage Vessels (Tanks)—Control Level 2XXX
XXEthylene Manufacturing Process Units: Heat Exchange Systems and Waste OperationsXXX
YYGeneric MACT StandardsXXX
CCCSteel PicklingXXX
DDDMineral Wool ProductionXXX
EEEHazardous Waste CombustorsXXX
GGGPharmaceuticals ProductionXXX
HHHNatural Gas Transmission and Storage FacilitiesXXX
IIIFlexible Polyurethane Foam ProductionXXX
JJJGroup IV Polymers and ResinsXXXX
LLLPortland Cement Manufacturing IndustryXXX
MMMPesticide Active Ingredient ProductionXXX
NNNWool Fiberglass ManufacturingXXX
OOOManufacture of Amino/Phenolic ResinsXXX
PPPPolyether Polyols ProductionXXX
QQQPrimary Copper SmeltingXXX
RRRSecondary Aluminum ProductionXXX
TTTPrimary Lead SmeltingXXX
UUUPetroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery UnitsXXX
VVVPublicly Owned Treatment WorksXXX
XXXFerroalloys ProductionXXX
AAAAMunicipal Solid Waste LandfillsXXX
CCCCManufacturing of Nutritional YeastXXX
DDDDPlywood and Composite Wood ProductsXX
EEEEOrganic Liquids Distribution (non-gasoline)XXX
FFFFMiscellaneous Organic Chemical ManufacturingXXX
GGGGSolvent Extraction for Vegetable Oil ProductionXXX
HHHHWet-Formed Fiberglass Mat ProductionXXX
IIIISurface Coating of Automobiles and Light-Duty TrucksXX
JJJJPaper and Other Web CoatingXXX
KKKKSurface Coating of Metal CansXXX
MMMMMiscellaneous Metal Parts and ProductsXXX
NNNNLarge AppliancesXXX
OOOOPrinting, Coating, and Dyeing of Fabrics and Other TextilesXXX
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PPPPSurface Coating of Plastic Parts and ProductsXX
QQQQWood Building ProductsXXX
RRRRSurface Coating of Metal FurnitureXXX
SSSSSurface Coating of Metal CoilXXX
TTTTLeather Finishing OperationsXXX
UUUUCellulose Products ManufacturingXXX
VVVVBoat ManufacturingXXX
WWWWReinforced Plastics Composites ProductionXXX
XXXXTire ManufacturingXXX
YYYYStationary Combustion TurbinesXXX
ZZZZStationary Reciprocating Internal Combustion EnginesXX
AAAAALime Manufacturing PlantsXXX
BBBBBSemiconductor ManufacturingXXX
CCCCCCoke Oven: Pushing, Quenching and Battery StacksXXX
DDDDDIndustrial, Commercial, and Institutional Boiler and Process HeatersX
EEEEEIron and Steel FoundriesXXX
FFFFFIntegrated Iron and SteelXXX
GGGGGSite RemediationXXX
HHHHHMiscellaneous Coating ManufacturingXXX
IIIIIMercury Emissions from Mercury Cell Chlor-Alkali PlantsXXX
JJJJJBrick and Structural Clay Products ManufacturingXXX
KKKKKClay Ceramics ManufacturingXXX
LLLLLAsphalt Roofing and ProcessingXXX
MMMMMFlexible Polyurethane Foam Fabrication OperationXXX
NNNNNHydrochloric Acid ProductionXXX
PPPPPEngine Test Cells/StandsXXX
QQQQQFriction Products ManufacturingXXX
RRRRRTaconite Iron Ore ProcessingXXX
SSSSSRefractory Products ManufacturingXXX
TTTTTPrimary Magnesium RefiningXXX
WWWWWHospital Ethylene Oxide SterilizersX
YYYYYArea Sources: Electric Arc Furnace Steelmaking FacilitiesX
ZZZZZIron and Steel Foundries Area SourcesX
BBBBBBGasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline FacilitiesX
CCCCCCGasoline Dispensing FacilitiesX
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
HHHHHHPaint Stripping and Miscellaneous Surface Coating Operations at Area SourcesX
LLLLLLAcrylic and Modacrylic Fibers Production Area SourcesX
MMMMMMCarbon Black Production Area SourcesX
NNNNNNChemical Manufacturing Area Sources: Chromium CompoundsX
OOOOOOFlexible Polyurethane Foam Production and Fabrication Area SourcesX
PPPPPPLead Acid Battery Manufacturing Area SourcesX
QQQQQQWood Preserving Area SourcesX
RRRRRRClay Ceramics Manufacturing Area SourcesX
SSSSSSGlass Manufacturing Area SourcesX
TTTTTTSecondary Nonferrous Metals Processing Area SourcesX
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.
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[FR Doc. E8-18748 Filed 8-13-08; 8:45 am]

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