Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41075 

(9) * * * 

(i) * * * 

(a) Within the time frame specified for 

PAL renewals in paragraph (aa)(10)(ii) 

of this section, the major stationary 

source or GHG-only source shall submit 

a proposed allowable emission 

limitation for each emissions unit (or 

each group of emissions units, if such a 

distribution is more appropriate as 

decided by the Administrator) by 

distributing the PAL allowable 

emissions for the major stationary 

source or GHG-only source among each 

of the emissions units that existed under 

the PAL. If the PAL had not yet been 

adjusted for an applicable requirement 

that became effective during the PAL 

effective period, as required under 

paragraph (aa)(10)(v) of this section, 

such distribution shall be made as if the 

PAL had been adjusted. 

* * * * * 

(iv) Any physical change or change in 

the method of operation at the major 

stationary source or GHG-only source 

will be subject to major NSR 

requirements if such change meets the 

definition of major modification in 

paragraph (b)(2) of this section. 

(v) The major stationary source or 

GHG-only source owner or operator 

shall continue to comply with any State 

or Federal applicable requirements 

(BACT, RACT, NSPS, etc.) that may 

have applied either during the PAL 

effective period or prior to the PAL 

effective period except for those 

emission limitations that had been 

established pursuant to paragraph (r)(4) 

of this section, but were eliminated by 

the PAL in accordance with the 

provisions in paragraph (aa)(1)(ii)(c) of 

this section. 

(10) * * * 

(i) The Administrator shall follow the 

procedures specified in paragraph 

(aa)(5) of this section in approving any 

request to renew a PAL for a major 

stationary source or a GHG-only source, 

and shall provide both the proposed 

PAL level and a written rationale for the 

proposed PAL level to the public for 

review and comment. During such 

public review, any person may propose 

a PAL level for the source for 

consideration by the Administrator. 

(ii) Application deadline. A major 

stationary source or GHG-only source 

owner or operator shall submit a timely 

application to the Administrator to 

request renewal of a PAL. A timely 

application is one that is submitted at 

least 6 months prior to, but not earlier 

than 18 months from, the date of permit 

expiration. This deadline for application 

submittal is to ensure that the permit 

will not expire before the permit is 

renewed. If the owner or operator of a 

major stationary source or GHG-only 

source submits a complete application 

to renew the PAL within this time 

period, then the PAL shall continue to 

be effective until the revised permit 

with the renewed PAL is issued. 

* * * * * 

(iv) * * * 

(c) * * * 

(1) If the potential to emit of the major 

stationary source or GHG-only source is 

less than the PAL, the Administrator 

shall adjust the PAL to a level no greater 

than the potential to emit of the source; 

and 

(2) The Administrator shall not 

approve a renewed PAL level higher 

than the current PAL, unless the major 

stationary source or GHG-only source 

has complied with the provisions of 

paragraph (aa)(11) of this section 

(increasing a PAL). 

* * * * * 

(11) * * * 

(i) The Administrator may increase a 

PAL emission limitation only if the 

major stationary source or GHG-only 

source complies with the provisions in 

paragraphs (aa)(11)(i)(a) through (d) of 

this section. 

(a) The owner or operator of the major 

stationary source or GHG-only source 

shall submit a complete application to 

request an increase in the PAL limit for 

a PAL major modification. Such 

application shall identify the emissions 

unit(s) contributing to the increase in 

emissions so as to cause the major 

stationary or GHG-only source’s 

emissions to equal or exceed its PAL. 

(b) As part of this application, the 

major stationary source or GHG-only 

source owner or operator shall 

demonstrate that the sum of the baseline 

actual emissions of the small emissions 

units, plus the sum of the baseline 

actual emissions of the significant and 

major emissions units assuming 

application of BACT equivalent 

controls, plus the sum of the allowable 

emissions of the new or modified 

emissions unit(s) exceeds the PAL. The 

level of control that would result from 

BACT equivalent controls on each 

significant or major emissions unit shall 

be determined by conducting a new 

BACT analysis at the time the 

application is submitted, unless the 

emissions unit is currently required to 

comply with a BACT or LAER 

requirement that was established within 

the preceding 10 years. In such a case, 

the assumed control level for that 

emissions unit shall be equal to the 

level of BACT or LAER with which that 

emissions unit must currently comply. 

* * * * * 

(12) * * * 

(i) * * * 

(a) Each PAL permit must contain 

enforceable requirements for the 

monitoring system that accurately 

determines plantwide emissions of the 

PAL pollutant in terms of mass per unit 

of time or CO2e per unit of time. Any 

monitoring system authorized for use in 

the PAL permit must be based on sound 

science and meet generally acceptable 

scientific procedures for data quality 

and manipulation. Additionally, the 

information generated by such system 

must meet minimum legal requirements 

for admissibility in a judicial 

proceeding to enforce the PAL permit. 

* * * * * 

(14) * * * 

(i) * * * 

(b) Total annual emissions (expressed 

on a mass-basis in tons per year, or 

expressed in tons per year CO2e) based 

on a 12-month rolling total for each 

month in the reporting period recorded 

pursuant to paragraph (aa)(13)(i) of this 

section. 

* * * * * 

(d) A list of any emissions units 

modified or added to the major 

stationary source or GHG-only source 

during the preceding 6-month period. 

* * * * * 

(ii) Deviation report. The major 

stationary source or GHG-only source 

owner or operator shall promptly 

submit reports of any deviations or 

exceedance of the PAL requirements, 

including periods where no monitoring 

is available. A report submitted 

pursuant to § 70.6(a)(3)(iii)(B) of this 

chapter shall satisfy this reporting 

requirement. The deviation reports shall 

be submitted within the time limits 

prescribed by the applicable program 

implementing § 70.6(a)(3)(iii)(B) of this 

chapter. The reports shall contain the 

following information: 

* * * * * 

[FR Doc. 2012–16704 Filed 7–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R09–OAR–2012–0286; FRL–9698–7] 

Delegation of National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories; Gila River 

Indian Community 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 


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41076 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 

1EPA previously titled these regulations as the 

Tribal Clean Air Act Authority, or ‘‘Tribal Authority 

Rule’’, but recently changed the name to better 

reflect the scope of authority for planning and 

management of air quality in Indian Country. (see 

76 FR 23876, April 29, 2011). However, references 

to Part 49, Subpart A (49.1–49.50), such as here, are 

still referred to as the ‘‘Tribal Authority Rule’’, or 

‘‘TAR’’. 

SUMMARY: EPA is taking direct final 

action to delegate the authority to 

implement and enforce specific 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) to 

the Gila River Indian Community 

Department of Environmental Quality 

(GRIC) in Arizona. The preamble 

outlines the process that GRIC will use 

to receive delegation of any future 

NESHAP, and identifies the NESHAP 

categories to be delegated by today’s 

action. EPA has reviewed GRIC’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 

GRIC the authority to implement and 

enforce the unchanged NESHAP 

categories listed in this rule. 

DATES: This rule is effective on 

September 10, 2012 without further 

notice, unless EPA receives relevant 

adverse comments by August 13, 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. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0286, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: 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: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105. While all documents 

in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), 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, kay.rynda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. EPA’s Action 

A. Delegation for Specific Standards 

B. Delegation Mechanism for Future 

Standards 

C. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

Section 112(l) of the Clean Air Act, as 

amended in 1990 (CAA or the Act), 

authorizes EPA to delegate to state, 

local, or tribal 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, NESHAP 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 agency, local 

agency or tribe may submit a one-time 

demonstration that it has adequate 

authorities and resources to implement 

and enforce any CAA section 112 

standard. If such demonstration is 

approved, then the requesting agency or 

tribe 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. 40 CFR 

63.91(d)(2). However, EPA maintains 

the authority to withdraw its approval if 

the delegated agency or tribe does not 

adequately implement or enforce an 

approved rule or program. 40 CFR 

63.96(b). 

To be eligible to receive delegation to 

implement CAA programs, GRIC as an 

Indian Tribe must receive a Treatment 

as a State (TAS) determination from 

EPA pursuant to CAA section 301(d)(2) 

and EPA’s implementing regulations in 

40 CFR Part 49 (Tribal Authority Rule 

or ‘‘TAR’’ 1). See 63 FR 7254 (February 

12, 1998), as amended at 76 FR 23879 

(April 29, 2011). In addition to the TAS 

eligibility determination, in order to be 

delegated authority to implement the 

NESHAP standards, GRIC agreed in a 

Memorandum of Agreement (2008 

Delegation Memorandum) with EPA 

that it would: (i) Obtain the regulatory 

authority necessary to implement the 

standards by incorporating the CAA 

section 112 federal rules into tribal 

codes of regulation by reference; (ii) 

submit a letter to the Director of EPA 

Region IX’s Air Division requesting 

delegation of the section 112 federal 

rule, including proof that GRIC has 

obtained the necessary regulatory 

authority to fully implement and 

enforce the section 112 rule for which 

it is seeking delegation; and (iii) receive 

approval from EPA to implement the 

requested standard. The details of this 

delegation mechanism are set forth in 

the 2008 Delegation Memorandum 

between GRIC and EPA. 

On October 21, 2009, EPA determined 

that GRIC met the eligibility 

requirements set forth in section 

301(d)(2) of the CAA and EPA’s 

implementing regulations in the TAR, 

making it eligible for treatment as a state 

to implement four CAA programs, 

including the NESHAP standards under 

CAA section 112 (see letter from Laura 

Yoshii, Acting Regional Administrator, 

U.S. EPA Region IX to William Rhodes, 

Governor, Gila River Indian 

Community). EPA granted GRIC’s 

request for a TAS eligibility 

determination based on our conclusion 

that the Tribe’s application met the 

eligibility criteria in CAA section 

301(d)(2) and the TAR, including the 

requirement to demonstrate that the 

Tribe has adequate resources and 


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Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41077 

authorities to implement and enforce 

the NESHAP under CAA section 112. 

On November 10, 2008, GRIC 

informed EPA that it intended to obtain 

the regulatory authority necessary to 

accept delegation of section 112 

standards by incorporating section 112 

rules into the GRIC Tribal Code by 

reference. On November 18, 2008, GRIC 

submitted a letter to the director of the 

Air Division for Region IX requesting 

delegation of several individual section 

112 standards that had been 

incorporated by reference into the GRIC 

Tribal Code. 

The final step in the delegation 

process occurs when EPA approves 

GRIC’s formal delegation request for that 

standard. Today’s action is an approval 

of GRIC’s November 18, 2008 delegation 

request. The standards that are being 

delegated by today’s action are listed in 

a table at the end of this rule. 

II. EPA’s Action 

A. Delegation for Specific Standards 

Based on our review of GRIC’s request 

for delegation of various NESHAP, EPA 

has determined that the Tribe’s request 

meets all of the requirements to qualify 

for approval under CAA section 112(l) 

and 40 CFR 63.91. Accordingly, EPA is 

granting GRIC the authority to 

implement and enforce the requested 

NESHAP. This delegation of authority 

will be effective on September 10, 2012. 

A table identifying the specific NESHAP 

that will be delegated to GRIC is shown 

at the end of this rule. Although GRIC 

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, local or tribal 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 GRIC. 

In its November 18, 2008 request, 

GRIC 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 non-federal agencies that have 

a permit program approved under title 

V of the Act (see 40 CFR 63.70). State, 

local, or tribal agencies implementing 

the requirements under Subpart D do 

not need approval under section 112(l). 

If the non-federal agency does not have 

an approved permit program, then these 

requirements are carried out by EPA. 

GRIC currently does not have a federally 

approved permit program, therefore 

Subpart D will be administered by EPA. 

In the future, if GRIC receives federal 

approval for their permitting program, 

then GRIC will automatically be able to 

implement the requirements of Subpart 

D without the need to obtain an 

additional delegation from EPA. 

Because the authority to implement the 

requirements under Subpart D is 

directly conferred to approved 

permitting authorities without the need 

for delegation through CAA section 

112(l), EPA is not taking action to 

delegate 40 CFR Part 63, Subpart D to 

GRIC. 

GRIC 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, December 27, 

1996). 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 FR 

26447, May 20, 1994). Therefore, state, 

local, or tribal 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 GRIC. 

B. Delegation Mechanism for Future 

Standards 

Today’s document serves to notify the 

public of the details of GRIC’s procedure 

for receiving delegation of future 

NESHAPs. As set forth in the 2008 

Delegation Memorandum, GRIC intends 

to incorporate by reference, into the 

GRIC Tribal Code, each newly 

promulgated NESHAP for which it 

intends to seek delegation. GRIC 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 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 NESHAP should do so at 

this time. 

C. Public Comment and Final Action 

As authorized in section 112(l)(5) of 

the Act, EPA is fully approving this 

delegation request because we believe it 

fulfills all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

publishing a separate document that 

will serve as the proposal for this action. 

If we receive adverse comments by 

August 13, 2012, we will publish a 

timely withdrawal in the Federal 

Register to notify the public that this 

direct final approval will not take effect 

and we will address the comments in a 

subsequent final action based on the 

proposal. EPA will not institute a 

second comment period on the 

proposed rule. Any parties interested in 

commenting on the proposed rule 

should do so at this time. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on September 10, 

2012 and no further action will be taken 

on the proposed rule. Please note that if 

EPA receives an adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

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 


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41078 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 

therefore 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 approves 

an eligible Indian tribe’s request for 

delegation of authority to implement 

federal requirements through tribal law 

and imposes no additional requirements 

beyond those imposed by tribal law. 

Accordingly, the Administrator certifies 

that this direct final 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 

approves an Indian tribe’s request for 

delegation of authority to implement a 

federal program through pre-existing 

requirements under tribal law and does 

not impose any additional enforceable 

duty beyond that required by tribal 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). 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ EPA has concluded that 

this rule will have tribal implications in 

that it will have substantial direct 

effects on the Gila River Indian 

Community. However, it will neither 

impose substantial direct compliance 

costs on tribal governments, nor 

preempt tribal law. EPA is approving 

GRIC’s request for delegation of 

authority to implement the federal 

NESHAP at the request of the Tribe. 

Tribal law will not be preempted as 

GRIC incorporated the federal NESHAP 

it seeks to implement into Tribal Law on 

December 13, 2006. The Tribe has 

requested, and fully supports, our 

approval of this delegation request, 

which makes the Tribe’s regulations 

incorporating the NESHAP federally 

enforceable. 

EPA worked and consulted with 

officials of the GRIC early in the process 

of developing this program to permit 

them to have meaningful and timely 

input into its development. In order to 

administer the NESHAP, tribes must be 

determined eligible (40 CFR Part 49) for 

TAS for the purpose of administering 

these standards. During the TAS 

eligibility process, the Tribe and EPA 

worked together to ensure that the 

appropriate information was submitted 

to EPA. GRIC and EPA also worked 

together throughout the process of 

developing and adopting GRIC’s 

regulations to implement the NESHAP. 

The Tribe and EPA also entered into a 

Memorandum of Agreement, which 

establishes procedures to facilitate 

delegation of authority to implement 

and enforce the NESHAP to GRIC and 

outlines the agencies’ related 

responsibilities. 

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 

approves a tribal request to implement 

federal emission standards that apply 

within the exterior boundaries of the 

GRIC reservation, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

CAA. This rule 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, ‘‘Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations’’ (59 FR 7629, 

February 16, 1994). 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 is not economically 

significant. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act (NTTAA) of 1995 (15 

U.S.C. 272) do not apply to this rule. In 

reviewing requests for delegation of 

CAA authority, the EPA’s role is to 

approve an eligible tribe’s request, 

provided that it meets the criteria of the 

CAA. In this context, in the absence of 

a prior existing requirement for the 

Tribe to use Voluntary Consensus 

Standards (VCS), the EPA has no 

authority to disapprove a delegation 

request for failure to use VCS. It would 

thus be inconsistent with applicable law 

for EPA, when it reviews a delegation 

request, to use VCS in place of a 

submission that otherwise satisfies the 

provisions of the CAA. Thus, the 

requirements of section 12(d) of NTTAA 

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.). 

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. 

Dated: June 22, 2012. 

Elizabeth Adams, 

Acting Director, Air Division Region IX. 

Therefore, 40 CFR chapter I is 

amended as follows: 

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. Amend § 63.99 by revising the table 

in paragraph (a)(3)(i) to read as follows: 

§ 63.99 Delegated Federal authorities. 

(a) * * * 

(3) * * * 

(i) * * * 

DELEGATION STATUS FOR PART 63 STANDARDS—ARIZONA

Subpart Description ADEQ 1 MCAQD 2 PDEQ 3 PCAQCD 4 GRIC 5

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

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

G ....................... Synthetic Organic Chemical Manufacturing Industry: 

Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

X X X X X 


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Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41079 

DELEGATION STATUS FOR PART 63 STANDARDS—ARIZONA—Continued 

Subpart Description ADEQ 1 MCAQD 2 PDEQ 3 PCAQCD 4 GRIC 5

H ....................... Organic Hazardous Air Pollutants: Equipment 

Leaks.

X X X X X 

I ........................ Organic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for 

Equipment Leaks.

X X X X X 

J ........................ Polyvinyl Chloride and Copolymers Production ....... X X X .................... X 

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

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

N ....................... Hard and Decorative Chromium Electroplating and 

Chromium Anodizing Tanks.

X X X X X 

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

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

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

S ....................... Pulp and Paper ......................................................... X X X .................... X 

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

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

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

Polyamides Production.

X X X X X 

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

Y ....................... Marine Tank Vessel Loading Operations ................. .................... .................... .................... .................... X 

AA ..................... Phosphoric Acid Manufacturing Plants ..................... X X X .................... X 

BB ..................... Phosphate Fertilizers Production Plants ................... X X X .................... X 

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

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

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

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

HH .................... Oil and Natural Gas Production Facilities ................ X X X .................... X 

II ....................... Shipbuilding and Ship Repair (Surface Coating) ...... .................... .................... .................... .................... X 

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

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

LL ..................... Primary Aluminum Reduction Plants ........................ X .................... X .................... X 

MM .................... Chemical Recovery Combustion Sources at Kraft, 

Soda, Sulfite, and Stand-Alone Semichemical 

Pulp Mills.

X X X .................... X 

OO .................... Tanks—Level 1 ......................................................... X X X X X 

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

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

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

SS ..................... Closed Vent Systems, Control Devices, Recovery 

Devices and Routing to a Fuel Gas System or a 

Process.

X X X .................... X 

TT ..................... Equipment Leaks—Control Level 1 .......................... X X X .................... X 

UU .................... Equipment Leaks—Control Level 2 .......................... X X X .................... X 

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

WW ................... Storage Vessels (Tanks)—Control Level 2 .............. X X X .................... X 

XX ..................... Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations.X X X .................... X 

YY ..................... Generic MACT Standards ......................................... X X X .................... X 

CCC .................. Steel Pickling ............................................................ X X X .................... X 

DDD .................. Mineral Wool Production ........................................... X X X .................... X 

EEE .................. Hazardous Waste Combustors ................................. X X X .................... X 

GGG ................. Pharmaceuticals Production ..................................... X X X .................... X 

HHH .................. Natural Gas Transmission and Storage Facilities .... X X X .................... X 

III ...................... Flexible Polyurethane Foam Production ................... X X X .................... X 

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

LLL ................... Portland Cement Manufacturing Industry ................. X X X .................... X 

MMM ................. Pesticide Active Ingredient Production ..................... X X X .................... X 

NNN .................. Wool Fiberglass Manufacturing ................................ X X X .................... X 

OOO ................. Manufacture of Amino/Phenolic Resins .................... X X X .................... X 

PPP .................. Polyether Polyols Production .................................... X X X .................... X 

QQQ ................. Primary Copper Smelting .......................................... X X X .................... X 

RRR .................. Secondary Aluminum Production ............................. X X X .................... X 

TTT ................... Primary Lead Smelting ............................................. X X X .................... X 

UUU .................. Petroleum Refineries: Catalytic Cracking, Catalytic 

Reforming, and Sulfur Recovery Units.

X X X .................... X 

VVV .................. Publicly Owned Treatment Works ............................ X X X .................... X 

XXX .................. Ferroalloys Production .............................................. X X X .................... X 

AAAA ................ Municipal Solid Waste Landfills ................................ X X X .................... X 

CCCC ............... Manufacturing of Nutritional Yeast ........................... X X X .................... X 

DDDD ............... Plywood and Composite Wood Products ................. X X X .................... X 

EEEE ................ Organic Liquids Distribution (non-gasoline) .............. X X X .................... X 


pmangrum on DSK3VPTVN1PROD with RULES
41080 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 

DELEGATION STATUS FOR PART 63 STANDARDS—ARIZONA—Continued 

Subpart Description ADEQ 1 MCAQD 2 PDEQ 3 PCAQCD 4 GRIC 5

FFFF ................. Miscellaneous Organic Chemical Manufacturing ..... X X X .................... X 

GGGG .............. Solvent Extraction for Vegetable Oil Production ...... X X X .................... X 

HHHH ............... Wet-Formed Fiberglass Mat Production ................... X X X .................... X 

IIII ..................... Surface Coating of Automobiles and Light-Duty 

Trucks.

X X .................... .................... X 

JJJJ .................. Paper and Other Web Coating ................................. X X X .................... X 

KKKK ................ Surface Coating of Metal Cans ................................ X X X .................... X 

MMMM .............. Miscellaneous Metal Parts and Products ................. X X X .................... X 

NNNN ............... Large Appliances ...................................................... X X X .................... X 

OOOO .............. Printing, Coating, and Dyeing of Fabrics and Other 

Textiles.

X X X .................... X 

PPPP ................ Surface Coating of Plastic Parts and Products ........ X X .................... .................... X 

QQQQ .............. Wood Building Products ........................................... X X X .................... X 

RRRR ............... Surface Coating of Metal Furniture .......................... X X X .................... X 

SSSS ................ Surface Coating of Metal Coil ................................... X X X .................... X 

TTTT ................. Leather Finishing Operations .................................... X X X .................... X 

UUUU ............... Cellulose Products Manufacturing ............................ X X X .................... X 

VVVV ................ Boat Manufacturing ................................................... X X X .................... X 

WWWW ............ Reinforced Plastics Composites Production ............. X X X .................... X 

XXXX ................ Tire Manufacturing .................................................... X X X .................... X 

YYYY ................ Stationary Combustion Turbines .............................. X X X .................... X 

ZZZZ ................. Stationary Reciprocating Internal Combustion Engines.X X .................... .................... X 

AAAAA ............. Lime Manufacturing Plants ....................................... X X X .................... X 

BBBBB ............. Semiconductor Manufacturing .................................. X X X .................... X 

CCCCC ............. Coke Oven: Pushing, Quenching and Battery 

Stacks.

X X X .................... X 

DDDDD ............. Industrial, Commercial, and Institutional Boiler and 

Process Heaters.

X X .................... .................... X 

EEEEE ............. Iron and Steel Foundries .......................................... X X X .................... X 

FFFFF ............... Integrated Iron and Steel .......................................... X X X .................... X 

GGGGG ........... Site Remediation ....................................................... X X X .................... X 

HHHHH ............. Miscellaneous Coating Manufacturing ...................... X X X .................... X 

IIIII .................... Mercury Emissions from Mercury Cell Chlor-Alkali 

Plants.

X X X .................... X 

JJJJJ ................ Brick and Structural Clay Products Manufacturing ... X X X .................... X 

KKKKK ............. Clay Ceramics Manufacturing ................................... X X X .................... X 

LLLLL ............... Asphalt Roofing and Processing .............................. X X X .................... X 

MMMMM ........... Flexible Polyurethane Foam Fabrication Operation X X X .................... X 

NNNNN ............. Hydrochloric Acid Production .................................... X X X .................... X 

PPPPP ............. Engine Test Cells/Stands ......................................... X X X .................... X 

QQQQQ ........... Friction Products Manufacturing ............................... X X X .................... X 

RRRRR ............. Taconite Iron Ore Processing ................................... X X X .................... X 

SSSSS ............. Refractory Products Manufacturing .......................... X X X .................... X 

TTTTT ............... Primary Magnesium Refining .................................... X X X .................... X 

WWWWW ......... Hospital Ethylene Oxide Sterilizers .......................... .................... X X .................... ....................

YYYYY ............. Area Sources: Electric Arc Furnace Steelmaking 

Facilities.

.................... X X .................... ....................

ZZZZZ ............... Iron and Steel Foundries Area Sources ................... .................... X X .................... ....................

BBBBBB ........... Gasoline Distribution Bulk Terminals, Bulk Plants, 

and Pipeline Facilities.

.................... X X .................... ....................

CCCCCC .......... Gasoline Dispensing Facilities .................................. .................... 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 .................... ....................

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 .................... ....................

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 .................... ....................


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41081 

DELEGATION STATUS FOR PART 63 STANDARDS—ARIZONA—Continued 

Subpart Description ADEQ 1 MCAQD 2 PDEQ 3 PCAQCD 4 GRIC 5

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 .................... .................... ....................

XXXXXX ........... Area Source Standards for Nine Metal Fabrication 

and Finishing Source Categories.

.................... X .................... .................... ....................

YYYYYY ........... Area Sources: Ferroalloys Production Facilities ....... .................... X .................... .................... ....................

ZZZZZZ ............ Area Source Standards for Aluminum, Copper, and 

Other Nonferrous Foundries.

.................... 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 .................... .................... ....................

DDDDDDD ....... Prepared Feeds Manufacturing—Area Sources ....... .................... X .................... .................... ....................

1Arizona Department of Environmental Quality 

2 Maricopa County Air Quality Department 

3Pima County Department of Environmental Quality 

4Pinal County Air Quality Control District 

5Gila River Indian Community Department of Environmental Quality. This table includes the GRIC DEQ only for purposes of identifying all 

state, local, and tribal agencies responsible for implementing part 63 standards within the geographical boundaries of the State of Arizona and 

does not establish any state regulatory authority in Indian country. 

* * * * * 

[FR Doc. 2012–17031 Filed 7–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0758; FRL–9353–8] 

Sulfentrazone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of sulfentrazone 

in or on multiple commodities which 

are identified and discussed later in this 

document. Interregional Research 

Project Number 4 (IR–4) and FMC 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective July 

12, 2012. Objections and requests for 

hearings must be received on or before 

September 10, 2012, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0758 is 

available at http://www.regulations.gov 

or at the OPP Docket in the 

Environmental Protection Agency 

Docket Center (EPA/DC), located in EPA 

West, Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Ertman, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9367; email address: 

ertman.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://ecfr.gpoaccess.gov/cgi/t/ 

text/text-idx?&c=ecfr&tpl=/ecfrbrowse/ 

Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 

21 U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2011–0758 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before September 10, 2012. Addresses 

for mail and hand delivery of objections 


pmangrum on DSK3VPTVN1PROD with RULES