Air programs; State authority delegations: Nevada,
[Federal Register: May 27, 1998 (Volume 63, Number 101)]
[Rules and Regulations]
[Page 28906-28909]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my98-7]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-6014-5]
Delegation of National Emission Standards for Hazardous Air Pollutants for Source Categories; State of Nevada; Nevada Division of Environmental Protection; Washoe County District Health Department
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final action to delegate the authority to implement and enforce specific national emission standards for hazardous air pollutants (NESHAPs) to the Nevada Division of Environmental Protection (NDEP) and the Washoe County District Health Department (WCDHD) in Nevada. EPA is also approving WCDHD's program for receiving delegation of unchanged NESHAPs applicable to sources not subject to Title V of the 1990 Clean Air Act Amendments. The preamble outlines the process that NDEP and WCDHD will
[[Page 28907]]
use to receive delegation of any future NESHAP, and identifies the NESHAP categories to be delegated by today's action. EPA has reviewed each agency's request for delegation and has found that these requests satisfy all of the requirements necessary to qualify for approval. Thus, EPA is hereby granting NDEP and WCDHD the authority to implement and enforce the unchanged NESHAP categories listed in this rule.
DATES: This rule is effective on July 27, 1998 unless EPA receives relevant adverse comments by June 26, 1998. 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: Comments must be submitted to Andrew Steckel at the Region IX office listed below. Copies of the requests for delegation and other supporting documentation are available for public inspection (docket number A-96-25) at the following location: U.S. Environmental Protection Agency, Region IX, Rulemaking Office (AIR-4), Air Division, 75 Hawthorne Street, San Francisco, California 94105-3901.
FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901, (415) 744-1200.
SUPPLEMENTARY INFORMATION:
-
Background
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 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).
Any request for approval under CAA section 112(l) must meet the approval criteria in 112(l)(5) and 40 CFR part 63, 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.
On December 12, 1995, EPA approved the Nevada Division of Environmental Protection's (NDEP's) program for accepting delegation of section 112 standards that are unchanged from Federal standards as promulgated (see 60 FR 63631). The approved program reflects an adequate demonstration by NDEP of general resources and authorities to implement and enforce section 112 standards. However, formal delegation for an individual standard does not occur until NDEP obtains the necessary regulatory authority to implement and enforce that particular standard, and EPA approves NDEP's formal delegation request for that standard.
On January 5, 1995, EPA approved the Washoe County District Health Department's (WCDHD's) program for accepting delegation of section 112 standards (see 60 FR 1741). This approval extended only to sources that are subject to the CAA Title V operating permit program. WCDHD subsequently requested approval for its program to receive delegation of unchanged section 112 standards applicable to non-Title V sources (see letter from Brian L. Jennison, Director, Air Quality Management Division, WCDHD to Felicia Marcus, Regional Administrator, U.S. EPA Region IX, dated December 12, 1997). Therefore, today's action includes approval under section 112(l) of WCDHD's program for accepting delegation of section 112 standards applicable to non-Title V sources. The approved programs reflect an adequate demonstration by WCDHD of general resources and authorities to implement and enforce section 112 standards. However, formal delegation for an individual standard does not occur until WCDHD obtains the necessary regulatory authority to implement and enforce that particular standard, and EPA approves WCHDH's formal delegation request for that standard.
Both NDEP and WCDHD informed EPA that they intend to obtain the regulatory authority necessary to accept delegation of section 112 standards by incorporating section 112 standards into their respective state and local codes of regulation by reference to the Federal regulations; NDEP will be incorporating the section 112 standards into the Nevada Administrative Code, and WCDHD will be incorporating the standards into the WCDHD District Board of Health Regulations Governing Air Quality Management. The details of these delegation mechanisms are set forth in Memorandums of Agreement (MOAs) between each agency and EPA, and are available for public inspection at the U.S. EPA Region IX office (docket No. A-96-25).
On January 30, 1998, NDEP requested delegation for several individual section 112 standards that have been incoporated by reference into the Nevada Administrative Code. On December 3, 1997, WCDHD requested delegation for section 112 standards that have been incorporated by reference into the WCDHD District Board of Health Regulations. The standards that are being delegated by today's action are listed in a table at the end of this rule.
-
EPA Action
-
Delegation for Specific Standards
After reviewing NDEP's and WCDHD's requests for delegation of various national emissions standards for hazardous air pollutants (NESHAPs), EPA has determined that these requests meet all the requirements necessary to qualify for approval under CAA section 112(l) and 40 CFR 63.91. Accordingly, NDEP and WCDHD are granted the authority to implement and enforce the requested NESHAPs. These delegations will be effective on July 27, 1998. A table of the NESHAP categories that will be delegated to each agency is shown at the end of this rule. Although NDEP and WCDHD 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 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 and reports for delegated standards be submitted to EPA as well as to NDEP or WCDHD.
In its December 3, 1997 request, WCDHD 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
[[Page 28908]]
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). 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). Therefore, state or local 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 WCDHD.
-
Delegation Mechanism for Future Standards
Today's document takes action to approve WCDHD's program for receiving delegation of unchanged section 112 standards applicable to non-Title V sources, and serves to notify the public of the details of NDEP's and WCDHD's procedure for receiving delegation of future NESHAP. As set forth in the MOAs, NDEP and WCDHD intend to incorporate by reference, into their respective state and local codes of regulation, each newly promulgated NESHAP for which they intend to seek delegation. The agencies 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 NESHAPs should do so at this time.
-
Opportunity for Public Comment
EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial action and anticipates no adverse comments. However, in the Proposed Rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal for this action should relevant adverse comments be filed. This action will be effective July 27, 1998 without further notice unless the Agency receives relevant adverse comments by June 26, 1998.
If EPA receives such comments, then EPA will publish a document withdrawing this final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. 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 no such comments are received, the public is advised that this rule will be effective on July 27, 1998 and no further action will be taken on the proposed rule.
-
-
Administrative Requirements
-
Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000.
Delegations of authority to implement and enforce unchanged Federal standards under section 112(l) of the Clean Air Act do not create any new requirements but simply transfer primary implementation authorities to the State. Therefore, because this action does not impose any new requirements, I certify that it does not have a significant impact on any small entities affected.
-
Unfunded Mandates Reform Act
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 costs to state, local, or tribal governments in the aggregate, or to 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 delegation action promulgated does not include a Federal mandate that may result in estimated costs of $100 million or more to either state, local, or tribal governments in the aggregate, or to the private sector. This Federal action approves pre- existing requirements under state or local law, and imposes no new Federal requirements. Accordingly, no additional costs to state, local, or tribal governments, or to the private sector, result from this action.
-
Submission to Congress and the General Accounting Office
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).
-
Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filedin the United States Court of Appeals for the appropriate circuit by July 27, 1998. 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)).
-
Executive Order 12866
The Office of Management and Budget has exempted this regulatory action
[[Page 28909]]
from review under Executive Order 12866.
-
Executive Order 13045
Protection of Children from Environmental Health Risks and Safety Risks. Executive Order 13045 (62 FR 19885, April 23, 1997), applies to any rule that is (1) likely to be ``economically significant'' as defined under Executive Order 12866, and (2) the Agency has reason to believe that the environmental health or safety risk addressed by the rule may have a disproportionate effect on children. If a regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.
This rule is not subject to E.O. 13045, ``Protection of Children from Environmental Health Risks and Safety Risks'' because this is not an ``economically significant'' regulatory action as defined by E.O. 12866, and because it does not involve decisions on environmental health or safety risks that may disproportionately affect children.
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: May 4, 1998. Felicia Marcus, Regional Administrator, Region IX.
Title 40, chapter I, part 63 of the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
-
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
-
Section 63.99 is amended by adding and reserving paragraphs (a)(6) through (a)(27), and adding paragraph (a)(28) to read as follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(6)-(27) (Reserved)
(28) Nevada.
(i) The following table lists the specific part 63 standards that have been delegated unchanged to the air pollution control agencies in the State of Nevada. The (X) symbol is used to indicate each category that has been delegated.
Delegation Status for Part 63 Standards--Nevada
Subpart
Description
NDEP \1\ WCDHD \2\ CCHD \3\
A.............. General Provisions....
X
X
M.............. Perchloroethylene Dry
X
X
Cleaning.
N.............. Hard and Decorative
X
X
Chromium
Electroplating and
Chromium Anodizing
Tanks.
O.............. Ethylene Oxide
.........
X
Sterilization
Facilities.
Q.............. Industrial Process
X
Cooling Towers.
R.............. Gasoline Distribution .........
X
Facilities.
T.............. Halogenated Solvent
X
X
Cleaning.
JJ............. Wood Furniture
X
Manufacturing
Operations.
KK............. Printing and
X
X
Publishing Industry.
OO............. Tanks--Level 1........
X
PP............. Containers............
X
QQ............. Surface Impoundments..
X
RR............. Individual Drain
X
Systems.
VV............. Oil-Water Separators
X
and Organic-Water
Separators.
\1\ Nevada Department of Environmental Protection.
\2\ Washoe County District Health Department.
\3\ Clark County Health Department.
(ii) [Reserved]
[FR Doc. 98-13986Filed5-26-98; 8:45 am]
BILLING CODE 6560-50-P
-
-
