Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12591 

Where: ACA Accuracy = The ACA accuracy at 

each audit point, in percent, 

RCEM = Your PM CEMS response to the 

reference standard, and 

RV = The reference standard value. 

ACA Accuracy = 

C

Eq. 2-1b CEM − × C

C

RV

S

100%

Where: 

ACA Accuracy = The ACA accuracy at 

each audit point, in percent, 

CCEM = The PM concentration that 

corresponds to your PM CEMS 

response to the reference standard, 

as calculated using the correlation 

equation for your PM CEMS, 

CRV = The PM concentration that 

corresponds to the reference 

standard value in units consistent 

with CCEM, and 

Cs = The PM concentration that 

corresponds to the applicable 

emission limit in units consistent 

with CCEM. 

* * * * * 

Part 63—[Amended] 

■ 7. The authority citation for Part 63 

continues to read as follows: 

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

■ 8. In Method 303 of Appendix A, add 

a sentence to the end of Section 1.1 to 

read as follows: 

Appendix A to Part 63—Test Methods 

Method 303—Determination of Visible 

Emissions From By-Product Coke Oven 

Batteries 

1.1 Applicability. * * * In order for the 

test method results to be indicative of plant 

performance, the time of day of the run 

should vary. 

[FR Doc. E9–6275 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R09–OAR–2008–0759; FRL–8783–7] 

Delegation of National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories; State of 

California; Amador County Air 

Pollution Control District, San Diego 

County Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is amending certain 

regulations to reflect the current 

delegation status of national emission 

standards for hazardous air pollutants in 

California. Amador County Air 

Pollution Control District and San Diego 

County Air Pollution Control District 

requested delegation of these federal 

standards as they apply to non-major 

sources. Their delegation requests were 

approved by letter on September 4, 

2008. The purpose of this action is to 

update the listing in the Code of Federal 

Regulations. EPA Region IX is also 

waiving the need for duplicate reporting 

after a California district is delegated 

these federal standards applicable to 

non-major sources. 

DATES: This rule is effective on May 26, 

2009 without further notice, unless EPA 

receives relevant adverse comments by 

April 24, 2009. If EPA receives such 

comments, then it will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2008–0759, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: 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 e-mail. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

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: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

A. Delegation of NESHAP 

B. California Delegations 

C. Area Source Delegation Requests 

II. EPA Action 

A. Area Source Delegation Requests 

B. Waiver of Duplicate Reporting 

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 Title 40 of the Code of Federal 

Regulations (CFR), Part 63, National 

Emission Standards for Hazardous Air 

Pollutants for Source Categories 

(NESHAP). 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 CAA 112(l) (see 

58 FR 62262). The procedures of 

Subpart E were 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 


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12592 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

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 July 6, 1995, the 

California Air Resources Board (CARB) 

submitted a demonstration that 

California has adequate authorities and 

resources to implement and enforce 

CAA section 112 programs and rules. 

This demonstration was approved on 

May 21, 1996 (61 FR 25397). 

B. California Delegations 

While each local air pollution control 

agency in California (district) has an 

approved program for receiving 

delegation of any CAA section 112 

standards as promulgated, most 

California districts currently have 

delegation only for standards that apply 

to major sources. As part of EPA’s 

approval of each district’s Title V 

operating permits program, districts 

received delegation of unchanged 

federal section 112 standards for Title V 

sources. This delegation did not extend 

to sources not covered by the California 

Title V program submittals. Therefore, 

California needed to make a separate 

voluntary request for delegation of any 

section 112 standards that apply to 

sources not covered by district Title V 

programs (e.g., area sources that are not 

subject to Title V). 

C. Area Source Delegation Requests 

On October 6, 2003, CARB submitted 

on behalf of nine California districts a 

request for delegation of all federal 

section 112 standards that apply to area 

sources, with the exception of the dry 

cleaning and chromium electroplating 

standards for which State or local rules 

have already been approved (see 61 FR 

25397 and 64 FR 12762). This request 

was approved on December 19, 2003 

(see 68 FR 70726). In that approval, it 

was explained that future requests by 

other districts could be approved by 

letter, followed by a Federal Register 

notice to codify the delegations into the 

CFR. 

The Amador County Air Pollution 

Control District and San Diego County 

Air Pollution Control District later asked 

CARB to make a delegation request on 

their behalf for CAA section 112 area 

source standards. The dates of each 

district’s letter to CARB are listed in the 

table below: 

Local agency Date of letter to 

CARB 

Amador County APCD .... October 6, 2003. 

San Diego County APCD March 25, 2008. 

On June 17, 2008, CARB submitted 

the request on behalf of these two 

districts. On September 4, 2008, EPA 

Region IX approved this request by 

letter, granting each district the 

authority to implement and enforce 

existing area source standards 

unchanged as promulgated by EPA. 

II. EPA Action 

A. Area Source Delegation Requests 

Today’s action serves to notify the 

public that, with the exception of the 

dry cleaning and chromium 

electroplating standards, EPA has 

granted delegation of unchanged federal 

section 112 area source standards to the 

following districts in California: 

Amador County Air Pollution Control 

District and San Diego County Air 

Pollution Control District. These 

districts have authority to implement 

and enforce existing area source 

standards unchanged as promulgated by 

EPA. Each of these districts will also 

receive delegation of any future area 

source standards or revisions 90 days 

after promulgation of these standards or 

revisions, unless the district chooses to 

decline delegation of a particular future 

standard by notifying the EPA Region IX 

office in writing. If no such notification 

is received, the delegation will go into 

effect 90 days after promulgation of the 

standard or revision, without any 

additional action from the district or 

EPA. 

B. Waiver of Duplicate Reporting 

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 63.9(a)(4)(ii) and 

63.10(a)(4)(ii), EPA Region IX waives 

the requirement that notifications or 

reports for delegated area source 

standards be submitted to EPA as well 

as the delegated California district. 

Therefore, in California, after a district 

receives delegation of an area source 

NESHAP, the owner or operator of an 

affected source in that district need only 

submit notifications or reports to the 

district. Duplicate copies of those 

notifications or reports are not required 

to be submitted to the EPA Region IX 

office. At this point, this waiver only 

applies to the specific area source 

standards delegated to the following 

districts in California: Amador County 

Air Pollution Control District, Antelope 

Valley Air Quality Management District, 

Butte County Air Quality Management 

District, Kern County Air Pollution 

Control District, Mendocino County Air 

Quality Management District, Mojave 

Desert Air Quality Management District, 

Monterey Bay Unified Air Pollution 

Control District, San Diego County Air 

Pollution Control District, San Joaquin 

Valley Unified Air Pollution Control 

District, San Luis Obispo County Air 

Pollution Control District, Ventura 

County Air Pollution Control District, 

and Yolo-Solano Air Quality 

Management District (see 40 CFR 

63.99(a)(5)(i)(B)). In the future, this 

waiver will automatically apply each 

time EPA Region IX delegates an area 

source standard to a California district. 

As mentioned previously, these 

delegations will be granted by letter, 

followed by a Federal Register notice to 

codify the delegations into the CFR. 

EPA reserves the right to re-evaluate the 

appropriateness of such a broad waiver 

in the event of programmatic changes or 

on a source category basis. In addition, 

EPA retains the authority to request 

information or copies of notifications or 

reports via CAA section 114. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a delegation request 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7412(l); 40 CFR 63.91(b). 

Thus, in reviewing state delegation 

submissions, our role is to approve state 

choices, provided that they meet the 

criteria of the CAA. Accordingly, this 

action merely updates the list of 

approved delegations in the CFR 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 


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Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12593 

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, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the 

delegation submission is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 26, 2009. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements (see CAA 

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. 7412. 

Dated: March 9, 2009. 

Deborah Jordan, 

Director, Air Division, Region IX. 

■ Title 40, chapter I, part 63 of the Code 

of Federal Regulations 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. Section 63.99 is amended by 

revising paragraph (a)(5)(i)(B) to read as 

follows: 

§ 63.99 Delegated Federal authorities. 

(a) * * * 

(5) * * * 

(i) * * * 

(B) California area sources. Except as 

described in paragraph (a)(5)(ii) of this 

section, the local agencies listed below 

also have delegation for national 

emission standards promulgated in this 

part as they apply to area sources: 

(1) Amador County Air Pollution 

Control District. 

(2) Antelope Valley Air Quality 

Management District. 

(3) Butte County Air Quality 

Management District. 

(4) Kern County Air Pollution Control 

District. 

(5) Mendocino County Air Quality 

Management District. 

(6) Mojave Desert Air Quality 

Management District. 

(7) Monterey Bay Unified Air 

Pollution Control District. 

(8) San Diego County Air Pollution 

Control District. 

(9) San Joaquin Valley Unified Air 

Pollution Control District, only for 

standards promulgated in this part and 

incorporated by reference in district 

Rule 4002, amended on May 20, 2004. 

(10) San Luis Obispo County Air 

Pollution Control District. 

(11) Ventura County Air Pollution 

Control District. 

(12) Yolo-Solano Air Quality 

Management District. 

* * * * * 

[FR Doc. E9–6606 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0666; FRL–8399–8] 

Castor Oil, Ethoxylated, Oleate; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of castor oil, 

ethoxylated, oleate, minimum number 

average molecular weight (in amu) 

2,000, (CAS No. 220037–02–05); when 

used as an inert ingredient in a pesticide 

chemical formulation. Goldschmidt 

Chemical Corporation submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of castor oil, ethoxylated, 

oleate on food or feed commodities. 

DATES: This regulation is effective 

March 25, 2009. Objections and requests 

for hearings must be received on or 

before May 26, 2009, 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: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0666.. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 


sroberts on PROD1PC70 with RULES