[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Rules and Regulations]
[Pages 12591-12593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6606]
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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.
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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: [email protected].
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, [email protected].
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
[[Page 12592]]
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
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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
[[Page 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.
0
Title 40, chapter I, part 63 of the Code of Federal Regulations is
amended as follows:
PART 63--[AMENDED]
0
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
0
2. Section 63.99 is amended by revising paragraph (a)(5)(i)(B) to read
as follows:
Sec. 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]
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