[Federal Register Volume 67, Number 182 (Thursday, September 19, 2002)]
[Rules and Regulations]
[Pages 59001-59005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23728]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7378-4]
Approval of Section 112(l) Authority for Hazardous Air
Pollutants; Delegation of Section 111 and Section 112 Standards; State
of New Hampshire
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; delegation of authority.
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SUMMARY: EPA is taking direct final action to approve New Hampshire
Department of Environmental Services' (NH DES) request for delegation
of authority to implement and enforce its New Source Performance
Standards (NSPSs) and National Emission Standards for Hazardous Air
Pollutants (NESHAPs) which have been adopted by reference into New
Hampshire's state regulations from the Federal requirements set forth
in the Code of Federal Regulations. In addition, EPA is taking direct
final action to approve NH DES's mechanism for receiving delegation of
future NESHAPs and NSPSs. This approval delegates standards for both
major and area sources and will automatically delegate future
regulations and amendments to regulations once NH DES incorporates
these regulations and amendments into its regulations. EPA is taking
this action in accordance with the Clean Air Act (CAA).
DATES: This rule is effective on November 18, 2002, without further
notice, unless EPA receives adverse comments by October 21, 2002. If
EPA receives such comment, then it will publish a timely withdrawal in
the Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Written comments must be submitted to Steven Rapp, Manager,
Air Permits, Toxics and Indoor Programs Unit, Office of Ecosystem
Protection (mail code CAP) at the EPA New England office listed below
and to Barbara L. Hoffman, Stationary Source Planning Manager, at the
New Hampshire Department of Environmental Services office listed below.
Copies of NH DES's request for approval are available for public
inspection at the following locations:
U.S. Environmental Protection Agency, EPA-New England, Office of
Ecosystem Protection, One Congress Street, Suite 1100, Boston, MA
02114-2023.
New Hampshire Department of Environmental Services, Air Resources
Division, 6 Hazen Drive, Concord, NH 03302-0095.
FOR FURTHER INFORMATION CONTACT: Susan Lancey, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA-New England, One
Congress Street, Suite 1100 (CAP), Boston, MA 02114-2023, Telephone:
(617) 918-1656.
SUPPLEMENTARY INFORMATION:
Outline
I. Background
II. Has EPA Previously Delegated NSPS and NESHAP Standards to New
Hampshire?
III. What Is NH DES Now Requesting?
IV. What Criteria Must NH's Program Meet To Be Approved?
V. Which Part 63 General Provisions Did NH DES Request Delegation
for?
VI. What Action Is EPA Taking?
VII. Administrative Requirements
I. Background
Under section 112(l) of the CAA, EPA may delegate Federal section
112 rules without changes to states or approve state programs in lieu
of the Federal section 112 rules. The Federal regulations governing
EPA's approval of state and local rules or programs under section
112(l) are located at 40 CFR part 63, subpart E (See 65 FR 55810, dated
September 14, 2000). Under these rules, EPA may approve state programs
to implement and enforce the Federal section 112 rules without changes.
This is referred to as straight delegation. In addition, EPA may
approve state requests for one-time approval of their mechanism for
taking delegation of future unchanged Federal section 112 rules,
emission standards and requirements. To receive EPA approval for
straight delegation, the requirements of 40 CFR 63.91 must be met.
II. Has EPA Previously Delegated NSPS and NESHAP Standards to New
Hamsphire?
NH DES has been delegated the authority by EPA to implement and
enforce certain NSPS codified at 40 CFR part 60, certain NESHAPs
codified at 40 CFR part 61, and certain NESHAP referred to as Maximum
Achievable Control Technology (MACT) standards codified at 40 part CFR
63. This delegation of authority was approved by EPA in the Federal
Register on August 14, 1996 (See 61 FR 42222). This delegation extended
only to facilities subject to New Hampshire's title V permit program
and applied to existing standards. Under this delegation mechanism,
delegation occurred upon incorporation of the MACT standard into the
source's title V operating permit. In the August 14, 1996 Federal
Register, EPA also proposed to approve this delegation mechanism for
delegation of future standards. On October 2, 1996 (See 61 FR 51370),
EPA approved this delegation mechanism.
III. What Is NH DES Now Requesting?
On May 9, 2002, the NH DES submitted a request to EPA to receive
straight delegation of authority to implement and enforce the NESHAP
and NSPS \1\ regulations for both major and area sources under a new
delegation mechanism. NH DES is now requesting to take delegation of
these standards by incorporating these standards into NH DES's
regulations. On April 5, 2002, DES adopted a rule, Env-500, that
incorporates by reference NSPS and NESHAP regulations as set forth in
the Code of Federal Regulations as of July 1, 2001. In addition, NH DES
incorporated 40 CFR part 63 subpart D, Regulations Governing Compliance
Extensions for Early Reductions of Hazardous Air Pollutants. NH DES has
incorporated all NSPS and NESHAP regulations as indicated in Table 1
and requested delegation of these standards. NH DES did not incorporate
40 CFR part 63, subpart M--national perchloroethylene air emission
standards for dry cleaning facilities. NH DES intends to continue
implementing and enforcing this standard only for
[[Page 59002]]
facilities subject to the title V permit program, consistent with EPA's
previous delegation of that standard to DES on August 14, 1996. NH DES
also did not incorporate certain standards where the state has no
applicable sources. For example, New Hampshire does not have any coke
ovens or magnetic tape manufacturers. Therefore, NH DES did not
incorporate subpart L, the national emission standard for hazardous air
pollutants for coke oven batteries nor subpart EE, the national
emission standard for hazardous air pollutants for magnetic tape
manufacturing operations. In addition, NH DES has incorporated by
reference 40 CFR 61, subpart M--national emission standards for
asbestos, with the exception of 40 CFR 61.151, standard for inactive
waste disposal sites for asbestos mills and manufacturing and
fabricating operations. On June 28, 2002, NH DES submitted a partial
rule substitution request to EPA pursuant to 40 CFR 63.93 for a portion
of that rule and is therefore not requesting straight delegation of
section 61.151. Please refer to Table 1 for a complete list of the
standards that NH DES is requesting delegation for as set forth in the
Code of Federal Regulations as of July 1, 2001.
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\1\ Please note Federal rulemaking is not required for
delegation of section 111 standards.
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In addition, NH DES requested that EPA approve NH DES's delegation
mechanism for delegation of all future standards. NH DES's delegation
mechanism is to incorporate all new or revised standards by reference
and to receive future delegation upon adoption by NH DES of the new or
revised standards. The details of this delegation mechanism are set
forth in Attachment 2 to the NH DES delegation request letter dated May
9, 2002.
IV. What Criteria Must NH's Program Meet To Be Approved?
Section 112(l)(5) of the Act requires that a state's NESHAP program
contain adequate authorities, adequate resources for implementation,
and an expeditious compliance schedule. These are also requirements for
an adequate operating permits program under 40 CFR part 70. On
September 24, 2001, EPA promulgated full approval of the State's
operating permits program as administered by NH DES. (See 66 FR 48806)
In addition, on May 16, 2001, EPA has already provided ``up-front''
approval of the NH DES NESHAP program in accordance with 40 CFR section
63.91(d). (See 66 FR 27032) Under section 63.91(d)(2), once a state has
satisfied up-front approval criteria, it needs only to reference the
previous demonstration and reaffirm that it still meets the criteria
for any subsequent submittals. NH DES has affirmed that it still meets
the up-front approval criteria.
V. Which Part 63 General Provisions Did NH DES Request Delegation for?
Under section 63.91(g), EPA has identified which part 63 general
provisions may be delegated to state/local/tribal (S/L/T) agencies and
which general provisions must be retained by EPA. NH DES has
incorporated part 63 subpart A in its entirety but has requested that
EPA delegate only the delegable authorities of the part 63 general
provisions as identified in section 63.91(g)(i). The delegable
authorities include the following:
(A) Section 63.1, Applicability Determinations
(B) Section 63.6(e), Operation and Maintenance Requirements--
Responsibility for Determining Compliance
(C) Section 63.6(f), Compliance with Non-Opacity Standards--
Responsibility for Determining Compliance
(D) Section 63.6(h), Compliance with Opacity and Visible Emissions
Standards--Responsibility for Determining Compliance
(E) Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test
Plans
(F) Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test
Methods
(G) Section 63.7(e)(2)(ii) and (f), Approval of Intermediate
Alternatives to Test Methods
(H) Section 63.7(e)(iii), Approval of Shorter Sampling Times and
Volumes When Necessitated by Process Variables or Other Factors
(I) Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of Performance
Testing
(J) Sections 63.8(c)(1) and (e)(1), Approval of Site-Specific
Performance Evaluation (Monitoring) Test Plans
(K) Section 63.8(f), Approval of Minor Alternatives to Monitoring
(L) Section 63.8(f), Approval of Intermediate Alternatives to
Monitoring
(M) Sections 63.9 and 63.10, Approval of Adjustments to Time Periods
for Submitting Reports
(N) Section 63.10(f), Approval of Minor Alternatives to Recordkeeping
and Reporting
VI. What Action Is EPA Taking?
EPA has determined that NH DES has satisfied the approval criteria
of 40 CFR 63.91(d). EPA is approving NH DES's delegation of the NSPS,
NESHAP and MACT standards indicated in Table 1. EPA is also approving
delegation of all delegable authorities of the part 63 general
provisions identified in section 63.91(g)(1) and section V above. In
addition, EPA is approving NH DES's delegation mechanism for delegation
of all future standards according to the delegation procedures
identified in Attachment 2 of the delegation request letter dated May
9, 2002 from NH DES to EPA. The NH DES has the primary authority and
responsibility to carry out all elements of these programs for all
sources covered in New Hampshire, including on-site inspections, record
keeping reviews, and enforcement.
VII. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866, entitled ``Regulatory Planning and
Review.'' This rule is not subject to Executive Order 13045, entitled,
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
Executive Order 12866.
B. Executive Order 13175
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 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.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This Federal action allows the State of New Hampshire to implement and
enforce existing and future requirements under Federal law and does not
have tribal implications. Thus, Executive Order 13175 does not apply to
this rule.
C. Executive Order 13132
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of
[[Page 59003]]
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive Order
to include regulations that 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.''
This final rule does not have federalism implications. It will 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. This action simply allows New
Hampshire to implement and enforce existing and future Federal
standards, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. Thus,
Executive Order 13132 does not apply to this rule.
D. Executive Order 13211 (Energy Effects)
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq. generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and small governmental entities with jurisdiction over
populations of less than 50,000. This final rule will not have a
significant impact on a substantial number of small entities because
approvals under 40 CFR 63.91 do not create any new requirements but
simply allows the state to implement and enforce Federal requirements
that the EPA is already imposing. Therefore, because this approval does
not create any new requirements, I certify that this action will not
have a significant economic impact on a substantial number of small
entities.
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to state, local, or tribal governments in the aggregate,
or to the private sector, of $100 million or more. Under section 205,
EPA must select the most cost-effective and least burdensome
alternative that achieves the objectives of the rule and is consistent
with statutory requirements. Section 203 requires EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either state, local, or tribal governments in
the aggregate, or to the private sector. This Federal action allows New
Hampshire to implement existing and future requirements under Federal
law, and imposes no new requirements. Accordingly, no additional costs
to state, local, or tribal governments, or to the private sector,
result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, Section 12(d) (15
U.S.C. 272 note) directs EPA to use voluntary consensus standards in
its regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
action does not involve technical standards. Therefore, EPA did not
consider the use of any voluntary consensus standards.
I. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 18, 2002. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Administrative
practice and procedure, 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: September 3, 2002.
Robert W. Varney,
Regional Administrator, EPA-New England.
Table 1.--Delegation of Part 60, Part 61 and Part 63 Standards to New
Hampshire as set forth in the Code of Federal Regulations as of July 1,
2001
Part 60 Subpart Categories
A--General Provisions, except for Sections 60.4, 60.8(b)(2),
60.8(b)(3), 60.9, 60.10, 60.11(e) and 60.16
D--Standards of Performance for Fossil-Fuel-Fired Steam Generators for
which Construction is Commenced after August 17, 1971
Da--Standards of Performance for Electric Utility Steam Generating
Units for which Construction is Commenced after September 18, 1978
Db--Standards of Performance for Industrial-Commercial-Institutional
Steam Generating Units
[[Page 59004]]
Dc--Standards of Performance for Small Industrial-Commercial-
Institutional Steam Generating Units
E--Standards of Performance for Incinerators
Ea--Standards of Performance for Municipal Waste Combustors for which
Construction is Commenced after December 20, 1989 and on or before
September 20, 1994
Eb--Standards of Performance for Large Municipal Waste Combustors for
which Construction is Commenced after September 20, 1994 or for which
Modification or Reconstruction is Commenced after June 19, 1996
Ec--Standards of Performance for Hospital/Medical/Infectious Waste
Incinerators for Which Construction is Commenced after June 20, 1996
I--Standards of Performance for Hot Mix Asphalt Facilities
J--Standards of Performance for Petroleum Refineries
K--Standards of Performance for Storage Vessels for Petroleum Liquids
for which Construction, Reconstruction, or Modification Commenced after
June 11, 1973, and prior to May 19, 1978
Ka--Standards of Performance for Storage Vessels for Petroleum Liquids
for which Construction, Reconstruction, or Modification Commenced after
May 18, 1978, and prior to July 23, 1984
Kb--Standards of Performance for Volatile Organic Liquid Storage
Vessels, Including Petroleum Liquid Storage Vessels, for which
Construction, Reconstruction, or Modification Commenced after July 23,
1984
L--Standards of Performance for Secondary Lead Smelters
M--Standards of Performance for Secondary Brass and Bronze Production
Plants
N--Standards of Performance for Primary Emissions from Basic Oxygen
Process Furnaces for which Construction is Commenced after June 11,
1973
O--Standards of Performance for Sewage Treatment Plants
AA--Standards of Performance for Steel Plants: Electric Arc Furnaces
Constructed after October 21, 1974 and on or before August 17, 1983
BB--Standards of Performance for Kraft Pulp Mills
DD--Standards of Performance for Grain Elevators
EE--Standards of Performance for Surface Coating of Metal Furniture
GG--Standards of Performance for Stationary Gas Turbines
KK--Standards of Performance for Lead-Acid Battery Manufacturing Plants
LL--Standards of Performance for Metallic Mineral Processing Plants
QQ--Standards of Performance for the Graphic Arts Industry: Publication
Rotogravure Printing
RR-- Standards of Performance for Pressure Sensitive Tape and Label
Surface Coating Operations
TT--Standards of Performance for Metal Coil Surface Coating
UU--Standards of Performance for Asphalt Processing and Asphalt Roofing
Manufacture
VV--Standards of Performance for Equipment Leaks of VOC in the
Synthetic Organic Chemicals Manufacturing Industry
WW--Standards of Performance for the Beverage Can Surface Coating
Industry
XX--Standards of Performance for Bulk Gasoline Terminals
BBB--Standards of Performance for the Rubber Tire Manufacturing
Industry
FFF--Standards of Performance for Flexible Vinyl and Urethane Coating
and Printing
GGG--Standards of Performance for Equipment Leaks of VOC in Petroleum
Refineries
HHH--Standards of Performance for Synthetic Fiber Production Facilities
JJJ--Standards of Performance for Petroleum Dry Cleaners
OOO--Standards of Performance for Nonmetallic Mineral Processing Plants
QQQ--Standards of Performance for VOC Emissions from Petroleum Waste
Water Systems
SSS--Standards of Performance for Magnetic Tape Coating Facilities
TTT--Standards of Performance for Industrial Surface Coating: Surface
Coating of Plastic Parts for Business Machines
UUU--Standards of Performance for Calciners and Dryers in Mineral
Industries
VVV--Standards of Performance for Polymeric Coating of Supporting
Substrates Facilities
WWW--Standards of Performance for Municipal Solid Waste Landfills
AAAA--Standards of Performance for Small Municipal Waste Combustion
Units
CCCC--Standards of Performance for Commercial and Industrial Solid
Waste Incineration Units
Part 61 Subpart Categories
C--National Emission Standards for Beryllium
E--National Emission Standards for Mercury
J--National Emission Standards for Equipment Leaks, Fugitive Emission
Sources, of Benzene
M--National Emission Standards for Asbestos, except for 40 CFR Sec.
61.151, Inactive Waste Disposal Sites
V-- National Emission Standards for Equipment Leaks, Fugitive Emission
Sources
Part 63 Subpart Categories
A--General Provisions, Delegable Authorities Identified in Section
63.91(g)
D--Regulations Governing Compliance Extensions for Early Reductions of
Hazardous Air Pollutants
F--National Emission Standards for Organic Hazardous Air Pollutants
from the Synthetic Organic Chemical Manufacturing Industry
G--National Emission Standards for Organic Hazardous Air Pollutants
from the Synthetic Organic Chemical Manufacturing Industry for Process
Vents, Storage Vessels, Transfer Operations, and Wastewater
H--National Emission Standards for Organic Hazardous Air Pollutants for
Equipment Leaks
I--National Emission Standards for Organic Hazardous Air Pollutants for
Certain Processes Subject to the Negotiated Regulation for Equipment
Leaks
N--National Emission Standards for Chromium Emissions from Hard and
Decorative Chromium Electroplating and Chromium Anodizing Tanks
O--Ethylene Oxide Emissions Standards for Sterilization Facilities
Q--National Emission Standards for Hazardous Pollutants for Industrial
Process Cooling Towers
R--National Emission Standards for Gasoline Distribution Facilities,
Bulk Gasoline Terminals and Pipeline Breakout Stations
S--National Emission Standards for Hazardous Air Pollutants from the
Pulp and Paper Industry
T--National Emission Standards for Halogenated Solvent Cleaning
U--National Emission Standards for Hazardous Air Pollutant Emissions:
Group I Polymers and Resins
W--National Emission Standards for Hazardous Air Pollutants for Epoxy
Resins Production and Non-nylon Polyamides Production
X--National Emission Standards for Hazardous Air Pollutants from
Secondary Lead Smelting
Y--National Emission Standards for Marine Tank Vessel Loading
Operations
AA--National Emission Standards for Hazardous Air Pollutants from
Phosphoric Acid Manufacturing Plants
[[Page 59005]]
BB--National Emission Standards for Hazardous Air Pollutants from
Phosphate Fertilizer Production Plants
CC--National Emission Standards for Hazardous Air Pollutants from
Petroleum Refineries
DD--National Emission Standards for Hazardous Air Pollutants from
Offsite Waste and Recovery Operations
GG--National Emission Standards for Aerospace Manufacturing and Rework
Facilities
HH--National Emission Standards for Hazardous Air Pollutants from Oil
and Natural Gas Production Facilities
II--National Emission Standards for Shipbuilding and Ship Repair,
Surface Coating
JJ--National Emission Standards for Wood Furniture Manufacturing
Operations
KK--National Emission Standards for the Printing and Publishing
Industry
LL--National Emission Standards for Hazardous Air Pollutants for
Primary Aluminum Reduction Plants
MM--National Emission Standards for Hazardous Air Pollutants for
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and
Stand-Alone Semichemical Pulp Mills
OO--National Emission Standards for Tanks--Level 1
PP--National Emission Standards for Containers
QQ--National Emission Standards for Surface Impoundments
RR--National Emission Standards for Individual Drain Systems
SS--National Emission Standards for Closed Vent Systems, Control
Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
TT--National Emission Standards for Equipment Leaks--Control Level 1
UU--National Emission Standards for Equipment Leaks--Control Level 2
Standards
VV--National Emission Standards for Oil-Water Separators and Organic-
Water Separators
WW--National Emission Standards for Storage Vessels, Tanks--Control
Level 2
YY--National Emission Standards for Hazardous Air Pollutants for Source
Categories: Generic Maximum Achievable Control Technology Standards
CCC--National Emission Standards for Hazardous Air Pollutants for Steel
Pickling--HCl Process Facilities and Hydrochloric Acid Regeneration
Plants
DDD--National Emission Standards for Hazardous Air Pollutants for
Mineral Wool Production
EEE--National Emission Standards for Hazardous Air Pollutants from
Hazardous Waste Combustors
GGG--National Emission Standards for Pharmaceuticals Production
HHH--National Emission Standards for Hazardous Air Pollutants from
Natural Gas Transmission and Storage Facilities
III--National Emission Standards for Hazardous Air Pollutants for
Flexible Polyurethane Foam Production
JJJ--National Emission Standards for Hazardous Air Pollutant Emissions:
Group IV Polymers and Resins
LLL--National Emission Standards for Hazardous Air Pollutants from the
Portland Cement Manufacturing Industry
MMM--National Emission Standards for Hazardous Air Pollutants for
Pesticide Active Ingredient Production
NNN--National Emission Standards for Hazardous Air Pollutants for Wool
Fiberglass Manufacturing
OOO--National Emission Standards for Hazardous Air Pollutant Emissions:
Manufacture of Amino/Phenolic Resins
PPP--National Emission Standards for Hazardous Air Pollutant Emissions
for Polyether Polyols Production
RRR--National Emission Standards for Hazardous Air Pollutants Secondary
Aluminum Production
TTT--National Emission Standards for Hazardous Air Pollutants for
Primary Lead Smelting
VVV--National Emission Standards for Hazardous Air Pollutants: Publicly
Owned Treatment Works
XXX--National Emission Standards for Hazardous Air Pollutants for
Ferroalloys Production: Ferromanganese and Silicomanganese
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 adding paragraph (a)(29)(i) to read
as follows:
Sec. 63.99 Delegated Federal Authorities
(a) * * *
(29) New Hampshire.
(i) New Hampshire is delegated the authority to implement and
enforce all existing and future unchanged 40 CFR part 63 standards in
accordance with the delegation procedures in Attachment II of the
delegation request letter dated May 9, 2002 submitted by NH DES to EPA
and any mutually acceptable amendments to those delegation procedures.
* * * * *
[FR Doc. 02-23728 Filed 9-18-02; 8:45 am]
BILLING CODE 6560-50-P