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 Environmental Protection Agency 40 CFR Part 63
[EPA-R09-OAR-2008-0555; FRL-8701-7]
 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 (NESHAP) in Arizona. Several NESHAP were delegated to the Arizona Department of Environmental Quality on June 4, 2008, and to the Pima County Department of Environmental Quality on June 16, 2008. The purpose of this action is to update the listing in the Code of Federal Regulations.
 DATES: This rule is effective on October 14, 2008, without further notice, unless EPA receives adverse comments by September 15, 2008. 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-2008-0555, by one of the following methods: 
                        ( print page 47547) 1. 
                        *Federal eRulemaking Portal: www.regulations.gov.*
                         Follow the on-line instructions. 2. 
                        *E-mail: steckel.andrew@epa.gov.* 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 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. *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. ADEQ Delegations C. PDEQ Delegations II. EPA Action III. Statutory and Executive Order Reviews I. Background A. Delegation of NESHAP Section 112(l) of the Clean Air Act, as amended in 1990 (CAA), authorizes EPA to delegate to state or local air pollution control agencies the authority to implement and enforce the standards set out in the Code of Federal Regulations, Title 40 (40 CFR), part 63, National Emission Standards for Hazardous Air Pollutants for Source Categories. On November 26, 1993, EPA promulgated regulations, codified at 40 CFR part 63, Subpart E (hereinafter referred to as “Subpart E”), establishing procedures for EPA's approval of state rules or programs under section 112(l) (see 58 FR 62262). Subpart E was later amended on September 14, 2000 (see 65 FR 55810). Any request for approval under CAA section 112(l) must meet the approval criteria in 112(l)(5) and Subpart E. To streamline the approval process for future applications, a state or local agency may submit a one-time demonstration that it has adequate authorities and resources to implement and enforce any CAA section 112 standards. If such demonstration is approved, then the state or local agency would no longer need to resubmit a demonstration of these same authorities and resources for every subsequent request for delegation of CAA section 112 standards. However, EPA maintains the authority to withdraw its approval if the State does not adequately implement or enforce an approved rule or program. B. ADEQ Delegations On July 17, 1998, EPA published a direct final action delegating to the Arizona Department of Environmental Quality (ADEQ) several NESHAP and approving ADEQ's delegation mechanism for future standards (see 63 FR 38478). That action explained the procedure for EPA to grant delegations to ADEQ by letter, with periodic 
                    **Federal Register**
                     listings of standards that have been delegated. On April 17, 2008, ADEQ requested delegation of the following NESHAP contained in 40 CFR part 63: Subpart DDDD—NESHAP: Plywood and Composite Wood Products
                Subpart DDDDD—NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters On June 4, 2008, EPA granted delegation to ADEQ for these NESHAP, along with any amendments to previously-delegated NESHAP, as of July 1, 2006. Today's action is serving to notify the public of the June 4, 2008, delegations and to codify these delegations into the Code of Federal Regulations. C. PDEQ Delegations On June 28, 1999, EPA published a direct final action delegating to the Pima County Department of Environmental Quality (PDEQ) several NESHAP and approving PDEQ's delegation mechanism for future standards (see 64 FR 34560). That action explained the procedure for EPA to grant delegations to PDEQ by letter, with periodic 
                    **Federal Register**
                     listings of standards that have been delegated. On May 23, 2008, PDEQ requested delegation of the following NESHAP contained in 40 CFR part 63: Subpart J—NESHAP for Polyvinyl Chloride and Copolymers Production
                Subpart MM—NESHAP for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills
                Subpart XX—National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations
                Subpart DDDD—NESHAP: Plywood and Composite Wood Products
                Subpart WWWWW—National Emission Standards for Hospital Ethylene Oxide Sterilizers
                Subpart YYYYY—NESHAP for Area Sources: Electric Arc Furnace Steelmaking Facilities
                Subpart ZZZZZ—NESHAP for Iron and Steel Foundries Area Sources
                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 DDDDDD—NESHAP for Polyvinyl Chloride and Copolymers Production Area Sources
                Subpart EEEEEE—NESHAP for Primary Copper Smelting Area Sources
                Subpart FFFFFF—NESHAP for Secondary Copper Smelting Area Sources
                Subpart GGGGGG—NESHAP for Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium
                Subpart HHHHHH—NESHAP: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
                Subpart LLLLLL—NESHAP for Acrylic and Modacrylic Fibers Production Area Sources
                Subpart MMMMMM—NESHAP for Carbon Black Production Area Sources
                Subpart NNNNNN—NESHAP for Chemical Manufacturing Area Sources: Chromium Compounds
                Subpart OOOOOO—NESHAP for Flexible Polyurethane Foam Production and Fabrication Area Sources
                Subpart PPPPPP—NESHAP for Lead Acid Battery Manufacturing Area Sources
                Subpart QQQQQQ—NESHAP for Wood Preserving Area Sources( print page 47548)
                Subpart RRRRRR—NESHAP for Clay Ceramics Manufacturing Area Sources
                Subpart SSSSSS—NESHAP for Glass Manufacturing Area Sources
                Subpart TTTTTT—NESHAP for Secondary Nonferrous Metals Processing Area Sources On June 16, 2008, EPA granted delegation to PDEQ for these NESHAP, along with any amendments to previously-delegated NESHAP, as of February 1, 2008. Today's action is serving to notify the public of the June 16, 2008, delegations 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 ADEQ on June 4, 2008, and to PDEQ on June 16, 2008. Today's action will codify these delegations into the Code of Federal Regulations. III. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a delegation request that complies with the provisions of the Act 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 Code of Federal Regulations 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 underExecutive 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
                Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
                Is not a significant regulatory action subject toExecutive 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 Clean Air Act; 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, underExecutive 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 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 October 14, 2008. 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 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: July 25, 2008. Amy Zimpfer, Acting 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)(3) to read as follows: § 63.99
  (a) * * * (3) 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
Subpart
Description
ADEQ 1
MCAQD 2
PDEQ 3
PCAQCD 4A
General Provisions
X
X
X
XF
Synthetic Organic Chemical Manufacturing Industry
X
X
X
XG
Synthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and Wastewater
X
X
X
XH
Organic Hazardous Air Pollutants: Equipment Leaks
X
X
X
X( print page 47549)I
Organic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment Leaks
X
X
X
XJ
Polyvinyl Chloride and Copolymers Production
X
X
XL
Coke Oven Batteries
X
X
X
XM
Perchloroethylene Dry Cleaning
X
X
X
XN
Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks
X
X
X
XO
Ethylene Oxide Sterilization Facilities
X
X
X
XQ
Industrial Process Cooling Towers
X
X
X
XR
Gasoline Distribution Facilities
X
X
X
XS
Pulp and Paper
X
X
XT
Halogenated Solvent Cleaning
X
X
X
XU
Group I Polymers and Resins
X
X
X
XW
Epoxy Resins Production and Non-Nylon Polyamides Production
X
X
X
XX
Secondary Lead Smelting
X
X
X
XAA
Phosphoric Acid Manufacturing Plants
X
X
XBB
Phosphate Fertilizers Production Plants
X
X
XCC
Petroleum Refineries
X
X
X
XDD
Off-Site Waste and Recovery Operations
X
X
X
XEE
Magnetic Tape Manufacturing Operations
X
X
X
XGG
Aerospace Manufacturing and Rework Facilities
X
X
X
XHH
Oil and Natural Gas Production Facilities
X
X
XJJ
Wood Furniture Manufacturing Operations
X
X
X
XKK
Printing and Publishing Industry
X
X
X
XLL
Primary Aluminum Reduction Plants
X

XMM
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills
X
X
XOO
Tanks—Level 1
X
X
X
XPP
Containers
X
X
X
XQQ
Surface Impoundments
X
X
X
XRR
Individual Drain Systems
X
X
X
XSS
Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
X
X
XTT
Equipment Leaks—Control Level 1
X
X
XUU
Equipment Leaks—Control Level 2
X
X
XVV
Oil-Water Separators and Organic-Water Separators
X
X
X
XWW
Storage Vessels (Tanks)—Control Level 2
X
X
XXX
Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations
X
X
XYY
Generic MACT Standards
X
X
XCCC
Steel Pickling
X
X
XDDD
Mineral Wool Production
X
X
XEEE
Hazardous Waste Combustors
X
X
XGGG
Pharmaceuticals Production
X
X
XHHH
Natural Gas Transmission and Storage Facilities
X
X
XIII
Flexible Polyurethane Foam Production
X
X
XJJJ
Group IV Polymers and Resins
X
X
X
XLLL
Portland Cement Manufacturing Industry
X
X
XMMM
Pesticide Active Ingredient Production
X
X
XNNN
Wool Fiberglass Manufacturing
X
X
XOOO
Manufacture of Amino/Phenolic Resins
X
X
XPPP
Polyether Polyols Production
X
X
XQQQ
Primary Copper Smelting
X
X
XRRR
Secondary Aluminum Production
X
X
XTTT
Primary Lead Smelting
X
X
XUUU
Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery Units
X
X
XVVV
Publicly Owned Treatment Works
X
X
XXXX
Ferroalloys Production
X
X
XAAAA
Municipal Solid Waste Landfills
X
X
XCCCC
Manufacturing of Nutritional Yeast
X
X
XDDDD
Plywood and Composite Wood Products
X

XEEEE
Organic Liquids Distribution (non-gasoline)
X
X
XFFFF
Miscellaneous Organic Chemical Manufacturing
X
X
XGGGG
Solvent Extraction for Vegetable Oil Production
X
X
XHHHH
Wet-Formed Fiberglass Mat Production
X
X
XIIII
Surface Coating of Automobiles and Light-Duty Trucks
X
XJJJJ
Paper and Other Web Coating
X
X
XKKKK
Surface Coating of Metal Cans
X
X
XMMMM
Miscellaneous Metal Parts and Products
X
X
XNNNN
Large Appliances
X
X
XOOOO
Printing, Coating, and Dyeing of Fabrics and Other Textiles
X
X
X( print page 47550)PPPP
Surface Coating of Plastic Parts and Products
X
XQQQQ
Wood Building Products
X
X
XRRRR
Surface Coating of Metal Furniture
X
X
XSSSS
Surface Coating of Metal Coil
X
X
XTTTT
Leather Finishing Operations
X
X
XUUUU
Cellulose Products Manufacturing
X
X
XVVVV
Boat Manufacturing
X
X
XWWWW
Reinforced Plastics Composites Production
X
X
XXXXX
Tire Manufacturing
X
X
XYYYY
Stationary Combustion Turbines
X
X
XZZZZ
Stationary Reciprocating Internal Combustion Engines
X
XAAAAA
Lime Manufacturing Plants
X
X
XBBBBB
Semiconductor Manufacturing
X
X
XCCCCC
Coke Oven: Pushing, Quenching and Battery Stacks
X
X
XDDDDD
Industrial, Commercial, and Institutional Boiler and Process Heaters
XEEEEE
Iron and Steel Foundries
X
X
XFFFFF
Integrated Iron and Steel
X
X
XGGGGG
Site Remediation
X
X
XHHHHH
Miscellaneous Coating Manufacturing
X
X
XIIIII
Mercury Emissions from Mercury Cell Chlor-Alkali Plants
X
X
XJJJJJ
Brick and Structural Clay Products Manufacturing
X
X
XKKKKK
Clay Ceramics Manufacturing
X
X
XLLLLL
Asphalt Roofing and Processing
X
X
XMMMMM
Flexible Polyurethane Foam Fabrication Operation
X
X
XNNNNN
Hydrochloric Acid Production
X
X
XPPPPP
Engine Test Cells/Stands
X
X
XQQQQQ
Friction Products Manufacturing
X
X
XRRRRR
Taconite Iron Ore Processing
X
X
XSSSSS
Refractory Products Manufacturing
X
X
XTTTTT
Primary Magnesium Refining
X
X
XWWWWW
Hospital Ethylene Oxide Sterilizers


XYYYYY
Area Sources: Electric Arc Furnace Steelmaking Facilities


XZZZZZ
Iron and Steel Foundries Area Sources


XBBBBBB
Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities


XCCCCCC
Gasoline Dispensing Facilities


XDDDDDD
Polyvinyl Chloride and Copolymers Production Area Sources


XEEEEEE
Primary Copper Smelting Area Sources


XFFFFFF
Secondary Copper Smelting Area Sources


XGGGGGG
Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium


XHHHHHH
Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources


XLLLLLL
Acrylic and Modacrylic Fibers Production Area Sources


XMMMMMM
Carbon Black Production Area Sources


XNNNNNN
Chemical Manufacturing Area Sources: Chromium Compounds


XOOOOOO
Flexible Polyurethane Foam Production and Fabrication Area Sources


XPPPPPP
Lead Acid Battery Manufacturing Area Sources


XQQQQQQ
Wood Preserving Area Sources


XRRRRRR
Clay Ceramics Manufacturing Area Sources


XSSSSSS
Glass Manufacturing Area Sources


XTTTTTT
Secondary Nonferrous Metals Processing Area Sources


X1
                                 Arizona Department of Environmental Quality.2
                                 Maricopa County Air Quality Department.3
                                 Pima County Department of Environmental Quality.4
                                 Pinal County Air Quality Control District.


[FR Doc. E8-18748 Filed 8-13-08; 8:45 am] BILLING CODE 6560-50-P