Delegation of National Emission Standards for Hazardous Air Pollutants for Source Categories; State of Arizona; Pinal County Air Quality Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6175-2]

Delegation of National Emission Standards for Hazardous Air

Pollutants for Source Categories; State of Arizona; Pinal County Air

Quality Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to delegate the authority to

implement and enforce specific national

[[Page 63991]]

emission standards for hazardous air pollutants (NESHAPs) to the Pinal

County Air Quality Control District (PCAQCD) in Arizona. The preamble

outlines the process that PCAQCD will use to receive delegation of any

future NESHAP, and identifies the NESHAP categories to be delegated by

today's action. EPA has reviewed PCAQCD's request for delegation and

has found that this request satisfies all of the requirements necessary

to qualify for approval. Thus, EPA is hereby granting PCAQCD the

authority to implement and enforce the unchanged NESHAP categories

listed in this rule.

DATES: This rule is effective on January 19, 1999 without further

notice, unless EPA receives adverse comments by December 18, 1998. If

EPA receives such comment, it will publish a timely withdrawal in the

Federal Register informing the public that this rule will not take

effect.

ADDRESSES: Written comments must be submitted to Andrew Steckel at the

Region IX office listed below. Copies of the request for delegation and

other supporting documentation are available for public inspection

(docket number A-96-25) at the following location: U.S. Environmental

Protection Agency, Region IX, Rulemaking Office (AIR-4), Air Division,

75 Hawthorne Street, San Francisco, California 94105-3901.

FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Office (AIR-4),

Air Division, U.S. Environmental Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, California 94105-3901, (415) 744-1200.

SUPPLEMENTARY INFORMATION:

I. Background

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 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).

Any request for approval under CAA section 112(l) must meet the

approval criteria in 112(l)(5) and 40 CFR Part 63, 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.

On October 30, 1996, EPA approved the Pinal County Air Quality

Control District's (PCAQCD's) program for accepting delegation of

section 112 standards that are unchanged from Federal standards as

promulgated (see 61 FR 55910). The approved program reflects an

adequate demonstration by PCAQCD of general resources and authorities

to implement and enforce section 112 standards. However, formal

delegation for an individual standard does not occur until PCAQCD

obtains the necessary regulatory authority to implement and enforce

that particular standard, and EPA approves PCAQCD's formal delegation

request for that standard.

PCAQCD informed EPA that it intends to obtain the regulatory

authority necessary to accept delegation of section 112 standards by

incorporating section 112 standards into the Pinal County Air Quality

Control District Code of Regulations. The details of this delegation

mechanism are set forth in a Memorandum of Agreement (MOA) between

PCAQCD and EPA, and are available for public inspection at the U.S. EPA

Region IX office (docket No. A-96-25).

On August 18, 1998, PCAQCD requested delegation for several

individual section 112 standards that have been incorporated by

reference into the Pinal County Air Quality Control District Code of

Regulations. The standards that are being delegated by today's action

are listed in a table at the end of this rule.

II. EPA Action

A. Delegation for Specific Standards

After reviewing PCAQCD's request for delegation of various national

emissions standards for hazardous air pollutants (NESHAPs), EPA has

determined that this request meets all the requirements necessary to

qualify for approval under CAA section 112(l) and 40 CFR 63.91.

Accordingly, PCAQCD is granted the authority to implement and enforce

the requested NESHAPs. These delegations will be effective on January

19, 1999. A table of the NESHAP categories that will be delegated to

PCAQCD is shown at the end of this rule. Although PCAQCD will have

primary implementation and enforcement responsibility, EPA retains the

right, pursuant to CAA section 112(l)(7), to enforce any applicable

emission standard or requirement under CAA section 112. In addition,

EPA does not delegate any authorities that require implementation

through rulemaking in the Federal Register, or where Federal overview

is the only way to ensure national consistency in the application of

the standards or requirements of CAA section 112.

After a state or local agency has been delegated the authority to

implement and enforce a NESHAP, the delegated agency becomes the

primary point of contact with respect to that NESHAP. Pursuant to 40

CFR sections 63.9(a)(4)(ii) and 63.10(a)(4)(ii), EPA Region IX waives

the requirement that notifications and reports for delegated standards

be submitted to EPA as well as to PCAQCD.

In its August 18, 1998 request, PCAQCD included a request for

delegation of the regulations implementing CAA section 112(i)(5),

codified at 40 CFR Part 63, Subpart D. These requirements apply to

state or local agencies that have a permit program approved under title

V of the Act (see 40 CFR 63.70). PCAQCD received final interim approval

of its title V operating permits program on October 30, 1996 (see 61 FR

55910). State or local agencies implementing the requirements under

Subpart D do not need approval under section 112(l). Therefore, EPA is

not taking action to delegate 40 CFR Part 63, Subpart D to PCAQCD.

PCAQCD also included a request for delegation of the regulations

implementing CAA sections 112(g) and 112(j), codified at 40 CFR Part

63, Subpart B. These requirements apply to major sources only, and need

not be delegated under the section 112(l) approval process. When

promulgating the regulations implementing section 112(g), EPA stated

its view that ``the Act directly confers on the permitting authority

the obligation to implement section 112(g) and to adopt a program which

conforms to the requirements of this rule. Therefore, the permitting

authority need not apply for approval under section 112(l) in order to

use its own program to implement section 112(g)'' (see 61 FR 68397).

Similarly, when promulgating the regulations implementing section

112(j), EPA stated its belief that ``section 112(l) approvals do not

have a great deal of overlap with the section 112(j) provision, because

section 112(j) is designed to use the title V permit process as the

primary vehicle for establishing requirements'' (see 59

[[Page 63992]]

FR 26447). Therefore, state or local agencies implementing the

requirements under sections 112(g) and 112(j) do not need approval

under section 112(l). As a result, EPA is not taking action to delegate

40 CFR Part 63, Subpart B to PCAQCD.

B. Delegation Mechanism for Future Standards

Today's document serves to notify the public of the details of

PCAQCD's procedure for receiving delegation of future NESHAPs. As set

forth in the MOA, PCAQCD intends to incorporate by reference, into the

Pinal County Air Quality Control District Code of Regulations, each

newly promulgated NESHAP for which it intends to seek delegation.

PCAQCD will then submit a letter to EPA Region IX, along with proof of

regulatory authority, requesting delegation for each individual NESHAP.

Region IX will respond in writing that delegation is either granted or

denied. If a request is approved, the delegation of authorities will be

considered effective upon the date of the response letter from Region

IX. Periodically, EPA will publish in the Federal Register a listing of

the standards that have been delegated. Although EPA reserves its

right, pursuant to 40 CFR section 63.96, to review the appropriateness

of any future delegation request, EPA will not institute any additional

comment periods on these future delegation actions. Any parties

interested in commenting on this procedure for delegating future

unchanged NESHAPs should do so at this time.

C. Opportunity for Public Comment

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial action and anticipates no

adverse comments. However, in the Proposed Rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal for this action should adverse comments

be filed. This rule will be effective January 19, 1999 without further

notice unless the Agency receives adverse comments by December 18,

1998.

If EPA receives such comments, then EPA will publish a timely

withdrawal in the Federal Register informing the public that the rule

will not take effect. All public comments received will then be

addressed in a subsequent final rule based on the proposed rule. EPA

will not institute a second comment period on this rule. Any parties

interested in commenting on this rule should do so at this time. If no

such comments are received, the public is advised that this rule will

be effective on January 19, 1999 and no further action will be taken on

the proposed rule.

III. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget has exempted this regulatory

action from Executive Order (E.O.) 12866, entitled ``Regulatory

Planning and Review.''

This final rule is not subject to E.O. 13045, entitled ``Protection

of Children from Environmental Health Risks and Safety Risks,'' because

it is not an ``economically significant'' action under E.O. 12866.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act generally requires an agency to

conduct a regulatory flexibility analysis of any rule subject to notice

and comment rulemaking requirements unless the agency certifies that

the rule will not have a significant economic impact on a substantial

number of small entities. Small entities include small businesses,

small not-for-profit enterprises, and small governmental jurisdictions.

This final rule will not have a significant impact on a substantial

number of small entities because delegations of authority to implement

and enforce unchanged Federal standards under section 112(l) of the

Clean Air Act do not create any new requirements but simply transfer

primary implementation authorities to the State. Therefore, because

this action does not impose any new requirements, I certify that this

action will not have a significant impact on a substantial number of

small entities.

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

annual costs to state, local, or tribal governments in the aggregate,

or to a private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the delegation action promulgated does not

include a Federal mandate that may result in estimated annual costs of

$100 million or more to either state, local, or tribal governments in

the aggregate, or to the private sector. This Federal action approves

pre-existing requirements under state or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to state, local,

or tribal governments, or to the private sector, result from this

action.

D. Submission to Congress and the Comptroller General

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. This rule is not a

``major'' rule as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

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 January 19, 1999. 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)).

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practice and procedure,

Air pollution control, Hazardous substances, Intergovernmental

relations, Reporting and recordkeeping requirements.

Authority: This action is issued under the authority of Section

112 of the Clean Air Act, as amended, 42 U.S.C. Section 7412.

Date Signed: September 28, 1998.

David P. Howekamp,

Director, Air Division, Region IX.

Title 40, chapter I, part 63 of the Code of Federal Regulations is

amended as follows:

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PART 63--[AMENDED]

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 paragraph (a)(3) to read as

follows:

Sec. 63.99 Delegated Federal authorities.

(a) * * *

(3) Arizona. 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

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Subpart Description ADEQ \1\ MCESD \2\ PDEQ \3\ PCAQCD \4\

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A............... General Provisions...................... X X

F............... Synthetic Organic Chemical Manufacturing X X

Industry.

G............... Synthetic Organic Chemical Manufacturing X X

Industry: Process Vents, Storage

Vessels, Transfer Operations, and

Wastewater.

H............... Organic Hazardous Air Pollutants: X X

Equipment Leaks.

I............... Organic Hazardous Air Pollutants: X X

Certain Processes Subject to the

Negotiated Regulation for Equipment

Leaks.

L............... Coke Oven Batteries..................... X X

M............... Perchloroethylene Dry Cleaning.......... X X

N............... Hard and Decorative Chromium X X

Electroplating and Chromium Anodizing

Tanks.

O............... Ethylene Oxide Sterilization Facilities. X X

Q............... Industrial Process Cooling Towers....... X X

R............... Gasoline Distribution Facilities........ X X

T............... Halogenated Solvent Cleaning............ X X

U............... Group I Polymers and Resins............. X X

W............... Epoxy Resins Production and Non-Nylon X X

Polyamides Production.

X............... Secondary Lead Smelting................. X X

CC.............. Petroleum Refineries.................... X X

DD.............. Off-Site Waste and Recovery Operations.. X X

EE.............. Magnetic Tape Manufacturing Operations.. X X

GG.............. Aerospace Manufacturing and Rework X X

Facilities.

JJ.............. Wood Furniture Manufacturing Operations. X X

KK.............. Printing and Publishing Industry........ X X

OO.............. Tanks--Level 1.......................... X X

PP.............. Containers.............................. X X

QQ.............. Surface Impoundments.................... X X

RR.............. Individual Drain Systems................ X X

VV.............. Oil-Water Separators and Organic-Water X X

Separators.

JJJ............. Group IV Polymers and Resins............ X X

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\1\ Arizona Department of Environmental Quality.

\2\ Maricopa County Environmental Services Department.

\3\ Pima County Department of Environmental Quality.

\4\ Pinal County Air Quality Control District.

[FR Doc. 98-30722 Filed 11-17-98; 8:45 am]

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