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: www.regulations.gov. Follow the on-line instructions.
2. Email: email@example.com.
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 email. 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 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 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.
FOR FURTHER INFORMATION CONTACT:
Rynda Kay, EPA Region IX, (415) 947-4118, firstname.lastname@example.org.
Throughout this document, “we,” “us” and “our” refer to EPA.
Table of Contents
A. Delegation of NESHAP
B. NDEP Delegations
II. EPA Action
III. Statutory and Executive Order Reviews
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)).
Dated: February 13, 2012.
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:
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
|Subpart||Description||NDEP 1||Washoe 2||Clark 3|
|F||Synthetic Organic Chemical Manufacturing Industry||X||X|
|G||Synthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and Wastewater||X||X|
|H||Organic Hazardous Air Pollutants: Equipment Leaks||X||X|
|I||Organic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment Leaks||X||X|
|J||Polyvinyl Chloride and Copolymers Production||X||X|
|L||Coke Oven Batteries||X||X|
|M||Perchloroethylene Dry Cleaning||X||X||X|
|N||Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks||X||X||X|
|O||Ethylene Oxide Sterilization Facilities||X||X||X|
|Q||Industrial Process Cooling Towers||X||X|
|R||Gasoline Distribution Facilities||X||X||X|
|S||Pulp and Paper||X||X|
|T||Halogenated Solvent Cleaning||X||X||X|
|U||Group I Polymers and Resins||X||X|
|W||Epoxy Resins Production and Non-Nylon Polyamides Production||X||X|
|X||Secondary Lead Smelting||X||X|
|Y||Marine Tank Vessel Loading Operations||X|
|AA||Phosphoric Acid Manufacturing Plants||X||X|
|BB||Phosphate Fertilizers Production Plants||X||X|
|DD||Off-Site Waste and Recovery Operations||X||X|
|EE||Magnetic Tape Manufacturing Operations||X||X|
|GG||Aerospace Manufacturing and Rework Facilities||X||X|
|HH||Oil and Natural Gas Production Facilities||X||X|
|II||Shipbuilding and Ship Repair (Surface Coating)||X||X|
|JJ||Wood Furniture Manufacturing Operations||X||X|
|KK||Printing and Publishing Industry||X||X||X|
|LL||Primary Aluminum Reduction Plants||X||X|
|MM||Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills||X||X|
|RR||Individual Drain Systems||X||X|
|SS||Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process||X||X|
|TT||Equipment Leaks—Control Level 1||X||X|
|UU||Equipment Leaks—Control Level 2||X||X|
|VV||Oil-Water Separators and Organic-Water Separators||X||X|
|WW||Storage Vessels (Tanks)—Control Level 2||X||X|
|XX||Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations||X||X|
|YY||Generic MACT Standards||X||X|
|DDD||Mineral Wool Production||X||X|
|EEE||Hazardous Waste Combustors||X||X|
|HHH||Natural Gas Transmission and Storage Facilities||X||X|
|III||Flexible Polyurethane Foam Production||X||X|
|JJJ||Group IV Polymers and Resins||X||X|
|LLL||Portland Cement Manufacturing Industry||X||X|
|MMM||Pesticide Active Ingredient Production||X||X|
|NNN||Wool Fiberglass Manufacturing||X||X|
|OOO||Manufacture of Amino/Phenolic Resins||X||X|
|PPP||Polyether Polyols Production||X||X|
|QQQ||Primary Copper Smelting||X||X|
|RRR||Secondary Aluminum Production||X||X|
|TTT||Primary Lead Smelting||X||X|
|UUU||Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery Units||X||X|
|VVV||Publicly Owned Treatment Works||X||X||X|
|AAAA||Municipal Solid Waste Landfills||X||X|
|CCCC||Manufacturing of Nutritional Yeast||X||X|
|DDDD||Plywood and Composite Wood Products||X||X|
|EEEE||Organic Liquids Distribution (non-gasoline)||X||X||X|
|FFFF||Miscellaneous Organic Chemical Manufacturing||X||X|
|GGGG||Solvent Extraction for Vegetable Oil Production||X||X|
|HHHH||Wet-Formed Fiberglass Mat Production||X||X|
|IIII||Surface Coating of Automobiles and Light-Duty Trucks||X||X|
|JJJJ||Paper and Other Web Coating||X||X|
|KKKK||Surface Coating of Metal Cans||X||X|
|MMMM||Miscellaneous Metal Parts and Products||X||X|
|OOOO||Printing, Coating, and Dyeing of Fabrics and Other Textiles||X||X|
|PPPP||Surface Coating of Plastic Parts and Products||X||X|
|QQQQ||Wood Building Products||X||X|
|RRRR||Surface Coating of Metal Furniture||X||X|
|SSSS||Surface Coating of Metal Coil||X||X|
|TTTT||Leather Finishing Operations||X||X|
|UUUU||Cellulose Products Manufacturing||X||X|
|WWWW||Reinforced Plastics Composites Production||X||X||X|
|YYYY||Stationary Combustion Turbines||X||X|
|ZZZZ||Stationary Reciprocating Internal Combustion Engines||X||X||X|
|AAAAA||Lime Manufacturing Plants||X||X|
|CCCCC||Coke Oven: Pushing, Quenching and Battery Stacks||X||X|
|DDDDD||Industrial, Commercial, and Institutional Boiler and Process Heaters||X||X|
|EEEEE||Iron and Steel Foundries||X||X|
|FFFFF||Integrated Iron and Steel||X||X|
|HHHHH||Miscellaneous Coating Manufacturing||X||X|
|IIIII||Mercury Emissions from Mercury Cell Chlor-Alkali Plants||X|
|JJJJJ||Brick and Structural Clay Products Manufacturing||X||X|
|KKKKK||Clay Ceramics Manufacturing||X||X|
|LLLLL||Asphalt Roofing and Processing||X||X|
|MMMMM||Flexible Polyurethane Foam Fabrication Operation||X||X|
|NNNNN||Hydrochloric Acid Production||X||X|
|PPPPP||Engine Test Cells/Stands||X||X|
|QQQQQ||Friction Products Manufacturing||X||X|
|RRRRR||Taconite Iron Ore Processing||X|
|SSSSS||Refractory Products Manufacturing||X||X|
|TTTTT||Primary Magnesium Refining||X|
|WWWWW||Hospital Ethylene Oxide Sterilizers||X||X||X|
|YYYYY||Electric Arc Furnace Steelmaking Facilities (area sources)||X||X|
|ZZZZZ||Iron and Steel Foundries Area Sources||X||X|
|BBBBBB||Gasoline Distribution Bulk Terminals, Bulk Plants and Pipeline Facilities||X||X||X|
|CCCCCC||Gasoline Dispensing Facilities||X||X||X|
|DDDDDD||Polyvinyl Chloride and Copolymers Production Area Sources||X||X|
|EEEEEE||Primary Copper Smelting Area Sources||X||X|
|FFFFFF||Secondary Copper Smelting Area Sources||X||X|
|GGGGGG||Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium||X||X|
|HHHHHH||Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources||X||X||X|
|JJJJJJ||Industrial, Commercial, and Institutional Boilers and Process Heaters—Area Sources||X|
|LLLLLL||Acrylic and Modacrylic Fibers Production Area Sources||X||X|
|MMMMMM||Carbon Black Production Area Sources||X||X|
|NNNNNN||Chemical Manufacturing Area Sources: Chromium Compounds||X||X|
|OOOOOO||Flexible Polyurethane Foam Production and Fabrication Area Sources||X||X||X|
|PPPPPP||Lead Acid Battery Manufacturing Area Sources||X||X|
|QQQQQQ||Wood Preserving Area Sources||X||X|
|RRRRRR||Clay Ceramics Manufacturing Area Sources||X||X|
|SSSSSS||Glass Manufacturing Area Sources||X||X|
|TTTTTT||Secondary Nonferrous Metals Processing Area Sources||X||X|
|VVVVVV||Chemical Manufacturing Industry—Area Sources||X|
|WWWWWW||Area Source Standards for Plating and Polishing Operations||X||X||X|
|XXXXXX||Area Source Standards for Nine Metal Fabrication and Finishing Source Categories||X||X||X|
|YYYYYY||Area Sources: Ferroalloys Production Facilities||X|
|ZZZZZZ||Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries||X||X|
|AAAAAAA||Asphalt Processing and Asphalt Roofing Manufacturing—Area Sources||X|
|BBBBBBB||Chemical Preparations Industry—Area Sources||X|
|CCCCCCC||Paint and Allied Products Manufacturing—Area Sources||X|
|EEEEEEE||Gold Mine Ore Processing and Production—Area Sources||X|
|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]
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