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Delegation of National Emission Standards for Hazardous Air Pollutants for Source Categories; Nevada

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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 October 6, 2011. The purpose of this action is to update the listing in the Code of Federal Regulations.


This rule is effective on April 27, 2012 without further notice, unless EPA receives adverse comments by March 28, 2012. 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-2012-0117, by one of the following methods:

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

2. Email:

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 email. 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 email directly to EPA, your email address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: The index to the docket for this action is available electronically at 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.


Rynda Kay, EPA Region IX, (415) 947-4118,


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 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 future delegations to NDEP by letter, with periodic Federal Register listings of standards that have been delegated. On August 19, 2011, NDEP requested delegation of the following NESHAP contained in 40 CFR part 63:

  • The amendments to Subpart LLL—NESHAP from the Portland Cement Manufacturing Industry, as set forth in 75 FR 54970 (September 9, 2010).
  • The amendments to Subpart ZZZZ—NESHAP for Stationary Reciprocating Internal Combustion Engines, as set forth in 75 FR 51570 (August 20, 2010) and 76 FR 12863 (March 9, 2011).
  • Subpart DDDDD—NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters.
  • 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 HHHHHH—NESHAP: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources.
  • Subpart JJJJJJ—NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources.
  • Subpart VVVVVV—NESHAP for Chemical Manufacturing Area Sources.
  • Subpart WWWWWW—NESHAP: Area Source Standards for Plating and Polishing Operations.
  • Subpart XXXXXX—NESHAP Area Source Standards for Nine Metal Fabrication and Finishing Source Categories.
  • Subpart ZZZZZZ—NESHAP: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries.
  • Subpart AAAAAAA—NESHAP for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing.
  • Subpart BBBBBBB—NESHAP for Area Sources: Chemical Preparations Industry.
  • Subpart CCCCCCC—NESHAP for Area Sources: Paints and Allied Products Manufacturing.
  • Subpart EEEEEEE—NESHAP: Gold Mine Ore Processing and Production Area Source Category.

On October 6, 2011, EPA granted delegation to NDEP for these NESHAP, along with any amendments made to previously-delegated NESHAP as of July 1, 2010. Today's action is serving to notify the public of the October 6, 2011, delegation 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 October 6, 2011. Today's action will codify these delegations into the CFR.

III. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve delegation requests that comply with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7412(l); 40 CFR 63.91(b). Thus, in reviewing delegation submissions, EPA's role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action:

  • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
  • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
  • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
  • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
  • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
  • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
  • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
  • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and
  • Does not provide EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the delegations are not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 27, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the Proposed Rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)).

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

List of Subjects in 40 CFR Part 63

Dated: February 13, 2012.

Deborah Jordan,

Director, Air Division, Region IX.

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


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

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

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

2. Section 63.99 is amended by revising the table in paragraph (a)(29)(i) to read as follows:

Delegated Federal authorities.

(a) * * *

(29) * * *

(i) * * *

Delegation Status for Part 63 Standards—Nevada

SubpartDescriptionNDEP 1Washoe 2Clark 3
AGeneral ProvisionsXXX
FSynthetic Organic Chemical Manufacturing IndustryXX
GSynthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and WastewaterXX
HOrganic Hazardous Air Pollutants: Equipment LeaksXX
IOrganic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment LeaksXX
JPolyvinyl Chloride and Copolymers ProductionXX
LCoke Oven BatteriesXX
MPerchloroethylene Dry CleaningXXX
NHard and Decorative Chromium Electroplating and Chromium Anodizing TanksXXX
OEthylene Oxide Sterilization FacilitiesXXX
QIndustrial Process Cooling TowersXX
RGasoline Distribution FacilitiesXXX
SPulp and PaperXX
THalogenated Solvent CleaningXXX
UGroup I Polymers and ResinsXX
WEpoxy Resins Production and Non-Nylon Polyamides ProductionXX
XSecondary Lead SmeltingXX
YMarine Tank Vessel Loading OperationsX
AAPhosphoric Acid Manufacturing PlantsXX
BBPhosphate Fertilizers Production PlantsXX
CCPetroleum RefineriesXX
DDOff-Site Waste and Recovery OperationsXX
EEMagnetic Tape Manufacturing OperationsXX
GGAerospace Manufacturing and Rework FacilitiesXX
HHOil and Natural Gas Production FacilitiesXX
IIShipbuilding and Ship Repair (Surface Coating)XX
JJWood Furniture Manufacturing OperationsXX
KKPrinting and Publishing IndustryXXX
LLPrimary Aluminum Reduction PlantsXX
MMChemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp MillsXX
OOTanks—Level 1XX
QQSurface ImpoundmentsXX
RRIndividual Drain SystemsXX
SSClosed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a ProcessXX
TTEquipment Leaks—Control Level 1XX
UUEquipment Leaks—Control Level 2XX
VVOil-Water Separators and Organic-Water SeparatorsXX
WWStorage Vessels (Tanks)—Control Level 2XX
XXEthylene Manufacturing Process Units: Heat Exchange Systems and Waste OperationsXX
YYGeneric MACT StandardsXX
CCCSteel PicklingXX
DDDMineral Wool ProductionXX
EEEHazardous Waste CombustorsXX
GGGPharmaceuticals ProductionXX
HHHNatural Gas Transmission and Storage FacilitiesXX
IIIFlexible Polyurethane Foam ProductionXX
JJJGroup IV Polymers and ResinsXX
LLLPortland Cement Manufacturing IndustryXX
MMMPesticide Active Ingredient ProductionXX
NNNWool Fiberglass ManufacturingXX
OOOManufacture of Amino/Phenolic ResinsXX
PPPPolyether Polyols ProductionXX
QQQPrimary Copper SmeltingXX
RRRSecondary Aluminum ProductionXX
TTTPrimary Lead SmeltingXX
UUUPetroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery UnitsXX
VVVPublicly Owned Treatment WorksXXX
XXXFerroalloys ProductionXX
AAAAMunicipal Solid Waste LandfillsXX
CCCCManufacturing of Nutritional YeastXX
DDDDPlywood and Composite Wood ProductsXX
EEEEOrganic Liquids Distribution (non-gasoline)XXX
FFFFMiscellaneous Organic Chemical ManufacturingXX
GGGGSolvent Extraction for Vegetable Oil ProductionXX
HHHHWet-Formed Fiberglass Mat ProductionXX
IIIISurface Coating of Automobiles and Light-Duty TrucksXX
JJJJPaper and Other Web CoatingXX
KKKKSurface Coating of Metal CansXX
MMMMMiscellaneous Metal Parts and ProductsXX
NNNNLarge AppliancesXX
OOOOPrinting, Coating, and Dyeing of Fabrics and Other TextilesXX
PPPPSurface Coating of Plastic Parts and ProductsXX
QQQQWood Building ProductsXX
RRRRSurface Coating of Metal FurnitureXX
SSSSSurface Coating of Metal CoilXX
TTTTLeather Finishing OperationsXX
UUUUCellulose Products ManufacturingXX
VVVVBoat ManufacturingXX
WWWWReinforced Plastics Composites ProductionXXX
XXXXTire ManufacturingXX
YYYYStationary Combustion TurbinesXX
ZZZZStationary Reciprocating Internal Combustion EnginesXXX
AAAAALime Manufacturing PlantsXX
BBBBBSemiconductor ManufacturingXX
CCCCCCoke Oven: Pushing, Quenching and Battery StacksXX
DDDDDIndustrial, Commercial, and Institutional Boiler and Process HeatersXX
EEEEEIron and Steel FoundriesXX
FFFFFIntegrated Iron and SteelXX
GGGGGSite RemediationXX
HHHHHMiscellaneous Coating ManufacturingXX
IIIIIMercury Emissions from Mercury Cell Chlor-Alkali PlantsX
JJJJJBrick and Structural Clay Products ManufacturingXX
KKKKKClay Ceramics ManufacturingXX
LLLLLAsphalt Roofing and ProcessingXX
MMMMMFlexible Polyurethane Foam Fabrication OperationXX
NNNNNHydrochloric Acid ProductionXX
PPPPPEngine Test Cells/StandsXX
QQQQQFriction Products ManufacturingXX
RRRRRTaconite Iron Ore ProcessingX
SSSSSRefractory Products ManufacturingXX
TTTTTPrimary Magnesium RefiningX
WWWWWHospital Ethylene Oxide SterilizersXXX
YYYYYElectric Arc Furnace Steelmaking Facilities (area sources)XX
ZZZZZIron and Steel Foundries Area SourcesXX
BBBBBBGasoline Distribution Bulk Terminals, Bulk Plants and Pipeline FacilitiesXXX
CCCCCCGasoline Dispensing FacilitiesXXX
DDDDDDPolyvinyl Chloride and Copolymers Production Area SourcesXX
EEEEEEPrimary Copper Smelting Area SourcesXX
FFFFFFSecondary Copper Smelting Area SourcesXX
GGGGGGPrimary Nonferrous Metals Area Sources—Zinc, Cadmium, and BerylliumXX
HHHHHHPaint Stripping and Miscellaneous Surface Coating Operations at Area SourcesXXX
JJJJJJIndustrial, Commercial, and Institutional Boilers and Process Heaters—Area SourcesX
LLLLLLAcrylic and Modacrylic Fibers Production Area SourcesXX
MMMMMMCarbon Black Production Area SourcesXX
NNNNNNChemical Manufacturing Area Sources: Chromium CompoundsXX
OOOOOOFlexible Polyurethane Foam Production and Fabrication Area SourcesXXX
PPPPPPLead Acid Battery Manufacturing Area SourcesXX
QQQQQQWood Preserving Area SourcesXX
RRRRRRClay Ceramics Manufacturing Area SourcesXX
SSSSSSGlass Manufacturing Area SourcesXX
TTTTTTSecondary Nonferrous Metals Processing Area SourcesXX
VVVVVVChemical Manufacturing Industry—Area SourcesX
WWWWWWArea Source Standards for Plating and Polishing OperationsXXX
XXXXXXArea Source Standards for Nine Metal Fabrication and Finishing Source CategoriesXXX
YYYYYYArea Sources: Ferroalloys Production FacilitiesX
ZZZZZZArea Source Standards for Aluminum, Copper, and Other Nonferrous FoundriesXX
AAAAAAAAsphalt Processing and Asphalt Roofing Manufacturing—Area SourcesX
BBBBBBBChemical Preparations Industry—Area SourcesX
CCCCCCCPaint and Allied Products Manufacturing—Area SourcesX
EEEEEEEGold Mine Ore Processing and Production—Area SourcesX
1 Nevada Division of Environmental Protection.
2 Washoe County Air Quality Management Division.
3 Clark County Department of Air Quality Management.
* * * * *

[FR Doc. 2012-4563 Filed 2-24-12; 8:45 am]