Delegation of National Emission Standards for Hazardous Air Pollutants for Source Categories; Gila River Indian Community, 41075-41081 [2012-17031]
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Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations
(9) * * *
(i) * * *
(a) Within the time frame specified for
PAL renewals in paragraph (aa)(10)(ii)
of this section, the major stationary
source or GHG-only source shall submit
a proposed allowable emission
limitation for each emissions unit (or
each group of emissions units, if such a
distribution is more appropriate as
decided by the Administrator) by
distributing the PAL allowable
emissions for the major stationary
source or GHG-only source among each
of the emissions units that existed under
the PAL. If the PAL had not yet been
adjusted for an applicable requirement
that became effective during the PAL
effective period, as required under
paragraph (aa)(10)(v) of this section,
such distribution shall be made as if the
PAL had been adjusted.
*
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(iv) Any physical change or change in
the method of operation at the major
stationary source or GHG-only source
will be subject to major NSR
requirements if such change meets the
definition of major modification in
paragraph (b)(2) of this section.
(v) The major stationary source or
GHG-only source owner or operator
shall continue to comply with any State
or Federal applicable requirements
(BACT, RACT, NSPS, etc.) that may
have applied either during the PAL
effective period or prior to the PAL
effective period except for those
emission limitations that had been
established pursuant to paragraph (r)(4)
of this section, but were eliminated by
the PAL in accordance with the
provisions in paragraph (aa)(1)(ii)(c) of
this section.
(10) * * *
(i) The Administrator shall follow the
procedures specified in paragraph
(aa)(5) of this section in approving any
request to renew a PAL for a major
stationary source or a GHG-only source,
and shall provide both the proposed
PAL level and a written rationale for the
proposed PAL level to the public for
review and comment. During such
public review, any person may propose
a PAL level for the source for
consideration by the Administrator.
(ii) Application deadline. A major
stationary source or GHG-only source
owner or operator shall submit a timely
application to the Administrator to
request renewal of a PAL. A timely
application is one that is submitted at
least 6 months prior to, but not earlier
than 18 months from, the date of permit
expiration. This deadline for application
submittal is to ensure that the permit
will not expire before the permit is
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renewed. If the owner or operator of a
major stationary source or GHG-only
source submits a complete application
to renew the PAL within this time
period, then the PAL shall continue to
be effective until the revised permit
with the renewed PAL is issued.
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(iv) * * *
(c) * * *
(1) If the potential to emit of the major
stationary source or GHG-only source is
less than the PAL, the Administrator
shall adjust the PAL to a level no greater
than the potential to emit of the source;
and
(2) The Administrator shall not
approve a renewed PAL level higher
than the current PAL, unless the major
stationary source or GHG-only source
has complied with the provisions of
paragraph (aa)(11) of this section
(increasing a PAL).
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(11) * * *
(i) The Administrator may increase a
PAL emission limitation only if the
major stationary source or GHG-only
source complies with the provisions in
paragraphs (aa)(11)(i)(a) through (d) of
this section.
(a) The owner or operator of the major
stationary source or GHG-only source
shall submit a complete application to
request an increase in the PAL limit for
a PAL major modification. Such
application shall identify the emissions
unit(s) contributing to the increase in
emissions so as to cause the major
stationary or GHG-only source’s
emissions to equal or exceed its PAL.
(b) As part of this application, the
major stationary source or GHG-only
source owner or operator shall
demonstrate that the sum of the baseline
actual emissions of the small emissions
units, plus the sum of the baseline
actual emissions of the significant and
major emissions units assuming
application of BACT equivalent
controls, plus the sum of the allowable
emissions of the new or modified
emissions unit(s) exceeds the PAL. The
level of control that would result from
BACT equivalent controls on each
significant or major emissions unit shall
be determined by conducting a new
BACT analysis at the time the
application is submitted, unless the
emissions unit is currently required to
comply with a BACT or LAER
requirement that was established within
the preceding 10 years. In such a case,
the assumed control level for that
emissions unit shall be equal to the
level of BACT or LAER with which that
emissions unit must currently comply.
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41075
(12) * * *
(i) * * *
(a) Each PAL permit must contain
enforceable requirements for the
monitoring system that accurately
determines plantwide emissions of the
PAL pollutant in terms of mass per unit
of time or CO2e per unit of time. Any
monitoring system authorized for use in
the PAL permit must be based on sound
science and meet generally acceptable
scientific procedures for data quality
and manipulation. Additionally, the
information generated by such system
must meet minimum legal requirements
for admissibility in a judicial
proceeding to enforce the PAL permit.
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(14) * * *
(i) * * *
(b) Total annual emissions (expressed
on a mass-basis in tons per year, or
expressed in tons per year CO2e) based
on a 12-month rolling total for each
month in the reporting period recorded
pursuant to paragraph (aa)(13)(i) of this
section.
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(d) A list of any emissions units
modified or added to the major
stationary source or GHG-only source
during the preceding 6-month period.
*
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(ii) Deviation report. The major
stationary source or GHG-only source
owner or operator shall promptly
submit reports of any deviations or
exceedance of the PAL requirements,
including periods where no monitoring
is available. A report submitted
pursuant to § 70.6(a)(3)(iii)(B) of this
chapter shall satisfy this reporting
requirement. The deviation reports shall
be submitted within the time limits
prescribed by the applicable program
implementing § 70.6(a)(3)(iii)(B) of this
chapter. The reports shall contain the
following information:
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[FR Doc. 2012–16704 Filed 7–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–R09–OAR–2012–0286; FRL–9698–7]
Delegation of National Emission
Standards for Hazardous Air Pollutants
for Source Categories; Gila River
Indian Community
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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EPA is taking direct final
action to delegate the authority to
implement and enforce specific
National Emission Standards for
Hazardous Air Pollutants (NESHAP) to
the Gila River Indian Community
Department of Environmental Quality
(GRIC) in Arizona. The preamble
outlines the process that GRIC will use
to receive delegation of any future
NESHAP, and identifies the NESHAP
categories to be delegated by today’s
action. EPA has reviewed GRIC’s
request for delegation and has found
that this request satisfies all of the
requirements necessary to qualify for
approval. Thus, EPA is hereby granting
GRIC the authority to implement and
enforce the unchanged NESHAP
categories listed in this rule.
DATES: This rule is effective on
September 10, 2012 without further
notice, unless EPA receives relevant
adverse comments by August 13, 2012.
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–2012–0286, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: 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 email.
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 email
directly to EPA, your email 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
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SUMMARY:
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encryption, and be free of any defects or
viruses.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California 94105. While all documents
in the docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), 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:
Rynda Kay, EPA Region IX, (415) 947–
4118, kay.rynda@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
II. EPA’s Action
A. Delegation for Specific Standards
B. Delegation Mechanism for Future
Standards
C. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. Background
Section 112(l) of the Clean Air Act, as
amended in 1990 (CAA or the Act),
authorizes EPA to delegate to state,
local, or tribal 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, NESHAP 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 agency, local
agency or tribe may submit a one-time
demonstration that it has adequate
authorities and resources to implement
and enforce any CAA section 112
standard. If such demonstration is
approved, then the requesting agency or
tribe 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. 40 CFR
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63.91(d)(2). However, EPA maintains
the authority to withdraw its approval if
the delegated agency or tribe does not
adequately implement or enforce an
approved rule or program. 40 CFR
63.96(b).
To be eligible to receive delegation to
implement CAA programs, GRIC as an
Indian Tribe must receive a Treatment
as a State (TAS) determination from
EPA pursuant to CAA section 301(d)(2)
and EPA’s implementing regulations in
40 CFR Part 49 (Tribal Authority Rule
or ‘‘TAR’’ 1). See 63 FR 7254 (February
12, 1998), as amended at 76 FR 23879
(April 29, 2011). In addition to the TAS
eligibility determination, in order to be
delegated authority to implement the
NESHAP standards, GRIC agreed in a
Memorandum of Agreement (2008
Delegation Memorandum) with EPA
that it would: (i) Obtain the regulatory
authority necessary to implement the
standards by incorporating the CAA
section 112 federal rules into tribal
codes of regulation by reference; (ii)
submit a letter to the Director of EPA
Region IX’s Air Division requesting
delegation of the section 112 federal
rule, including proof that GRIC has
obtained the necessary regulatory
authority to fully implement and
enforce the section 112 rule for which
it is seeking delegation; and (iii) receive
approval from EPA to implement the
requested standard. The details of this
delegation mechanism are set forth in
the 2008 Delegation Memorandum
between GRIC and EPA.
On October 21, 2009, EPA determined
that GRIC met the eligibility
requirements set forth in section
301(d)(2) of the CAA and EPA’s
implementing regulations in the TAR,
making it eligible for treatment as a state
to implement four CAA programs,
including the NESHAP standards under
CAA section 112 (see letter from Laura
Yoshii, Acting Regional Administrator,
U.S. EPA Region IX to William Rhodes,
Governor, Gila River Indian
Community). EPA granted GRIC’s
request for a TAS eligibility
determination based on our conclusion
that the Tribe’s application met the
eligibility criteria in CAA section
301(d)(2) and the TAR, including the
requirement to demonstrate that the
Tribe has adequate resources and
1 EPA previously titled these regulations as the
Tribal Clean Air Act Authority, or ‘‘Tribal Authority
Rule’’, but recently changed the name to better
reflect the scope of authority for planning and
management of air quality in Indian Country. (see
76 FR 23876, April 29, 2011). However, references
to Part 49, Subpart A (49.1–49.50), such as here, are
still referred to as the ‘‘Tribal Authority Rule’’, or
‘‘TAR’’.
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authorities to implement and enforce
the NESHAP under CAA section 112.
On November 10, 2008, GRIC
informed EPA that it intended to obtain
the regulatory authority necessary to
accept delegation of section 112
standards by incorporating section 112
rules into the GRIC Tribal Code by
reference. On November 18, 2008, GRIC
submitted a letter to the director of the
Air Division for Region IX requesting
delegation of several individual section
112 standards that had been
incorporated by reference into the GRIC
Tribal Code.
The final step in the delegation
process occurs when EPA approves
GRIC’s formal delegation request for that
standard. Today’s action is an approval
of GRIC’s November 18, 2008 delegation
request. The standards that are being
delegated by today’s action are listed in
a table at the end of this rule.
II. EPA’s Action
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A. Delegation for Specific Standards
Based on our review of GRIC’s request
for delegation of various NESHAP, EPA
has determined that the Tribe’s request
meets all of the requirements to qualify
for approval under CAA section 112(l)
and 40 CFR 63.91. Accordingly, EPA is
granting GRIC the authority to
implement and enforce the requested
NESHAP. This delegation of authority
will be effective on September 10, 2012.
A table identifying the specific NESHAP
that will be delegated to GRIC is shown
at the end of this rule. Although GRIC
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, local or tribal 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 sections
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 GRIC.
In its November 18, 2008 request,
GRIC included a request for delegation
of the regulations implementing CAA
section 112(i)(5), codified at 40 CFR Part
63, Subpart D. These requirements
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apply to non-federal agencies that have
a permit program approved under title
V of the Act (see 40 CFR 63.70). State,
local, or tribal agencies implementing
the requirements under Subpart D do
not need approval under section 112(l).
If the non-federal agency does not have
an approved permit program, then these
requirements are carried out by EPA.
GRIC currently does not have a federally
approved permit program, therefore
Subpart D will be administered by EPA.
In the future, if GRIC receives federal
approval for their permitting program,
then GRIC will automatically be able to
implement the requirements of Subpart
D without the need to obtain an
additional delegation from EPA.
Because the authority to implement the
requirements under Subpart D is
directly conferred to approved
permitting authorities without the need
for delegation through CAA section
112(l), EPA is not taking action to
delegate 40 CFR Part 63, Subpart D to
GRIC.
GRIC also 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
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, December 27,
1996). 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, May 20, 1994). Therefore, state,
local, or tribal 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 GRIC.
B. Delegation Mechanism for Future
Standards
Today’s document serves to notify the
public of the details of GRIC’s procedure
for receiving delegation of future
NESHAPs. As set forth in the 2008
Delegation Memorandum, GRIC intends
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41077
to incorporate by reference, into the
GRIC Tribal Code, each newly
promulgated NESHAP for which it
intends to seek delegation. GRIC 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 NESHAP should do so at
this time.
C. Public Comment and Final Action
As authorized in section 112(l)(5) of
the Act, EPA is fully approving this
delegation request because we believe it
fulfills all relevant requirements. We do
not think anyone will object to this
approval, so we are finalizing it without
proposing it in advance. However, in
the Proposed Rules section of this
Federal Register, we are simultaneously
publishing a separate document that
will serve as the proposal for this action.
If we receive adverse comments by
August 13, 2012, we will publish a
timely withdrawal in the Federal
Register to notify the public that this
direct final approval will not take effect
and we will address the comments in a
subsequent final action based on the
proposal. 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 we do not
receive timely adverse comments, the
direct final approval will be effective
without further notice on September 10,
2012 and no further action will be taken
on the proposed rule. Please note that if
EPA receives an adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
III. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
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therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
an eligible Indian tribe’s request for
delegation of authority to implement
federal requirements through tribal law
and imposes no additional requirements
beyond those imposed by tribal law.
Accordingly, the Administrator certifies
that this direct final rule will not have
a significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601, et seq.). Because this rule
approves an Indian tribe’s request for
delegation of authority to implement a
federal program through pre-existing
requirements under tribal law and does
not impose any additional enforceable
duty beyond that required by tribal law,
it 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).
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 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.’’ EPA has concluded that
this rule will have tribal implications in
that it will have substantial direct
effects on the Gila River Indian
Community. However, it will neither
impose substantial direct compliance
costs on tribal governments, nor
preempt tribal law. EPA is approving
GRIC’s request for delegation of
authority to implement the federal
NESHAP at the request of the Tribe.
Tribal law will not be preempted as
GRIC incorporated the federal NESHAP
it seeks to implement into Tribal Law on
December 13, 2006. The Tribe has
requested, and fully supports, our
approval of this delegation request,
which makes the Tribe’s regulations
incorporating the NESHAP federally
enforceable.
EPA worked and consulted with
officials of the GRIC early in the process
of developing this program to permit
them to have meaningful and timely
input into its development. In order to
administer the NESHAP, tribes must be
determined eligible (40 CFR Part 49) for
TAS for the purpose of administering
these standards. During the TAS
eligibility process, the Tribe and EPA
worked together to ensure that the
appropriate information was submitted
to EPA. GRIC and EPA also worked
together throughout the process of
developing and adopting GRIC’s
regulations to implement the NESHAP.
The Tribe and EPA also entered into a
Memorandum of Agreement, which
establishes procedures to facilitate
delegation of authority to implement
and enforce the NESHAP to GRIC and
outlines the agencies’ related
responsibilities.
This action also does not have
Federalism implications because it does
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 (64 FR 43255,
August 10, 1999). This action merely
approves a tribal request to implement
federal emission standards that apply
within the exterior boundaries of the
GRIC reservation, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. This rule 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, ‘‘Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations’’ (59 FR 7629,
February 16, 1994). This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
The requirements of section 12(d) of
the National Technology Transfer and
Advancement Act (NTTAA) of 1995 (15
U.S.C. 272) do not apply to this rule. In
reviewing requests for delegation of
CAA authority, the EPA’s role is to
approve an eligible tribe’s request,
provided that it meets the criteria of the
CAA. In this context, in the absence of
a prior existing requirement for the
Tribe to use Voluntary Consensus
Standards (VCS), the EPA has no
authority to disapprove a delegation
request for failure to use VCS. It would
thus be inconsistent with applicable law
for EPA, when it reviews a delegation
request, to use VCS in place of a
submission that otherwise satisfies the
provisions of the CAA. Thus, the
requirements of section 12(d) of NTTAA
do not apply. This rule does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501,
et seq.).
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. Section 7412.
Dated: June 22, 2012.
Elizabeth Adams,
Acting Director, Air Division Region IX.
Therefore, 40 CFR chapter I 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. Amend § 63.99 by revising the table
in paragraph (a)(3)(i) to read as follows:
■
§ 63.99
Delegated Federal authorities.
(a) * * *
(3) * * *
(i) * * *
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DELEGATION STATUS FOR PART 63 STANDARDS—ARIZONA
Subpart
Description
ADEQ 1
MCAQD 2
PDEQ 3
PCAQCD 4
GRIC 5
A .......................
F .......................
G .......................
General Provisions ....................................................
Synthetic Organic Chemical Manufacturing Industry
Synthetic Organic Chemical Manufacturing Industry:
Process Vents, Storage Vessels, Transfer Operations, and Wastewater.
X
X
X
X
X
X
X
X
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41079
DELEGATION STATUS FOR PART 63 STANDARDS—ARIZONA—Continued
Subpart
Description
ADEQ 1
MCAQD 2
PDEQ 3
PCAQCD 4
GRIC 5
H .......................
Organic Hazardous Air Pollutants: Equipment
Leaks.
Organic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for
Equipment Leaks.
Polyvinyl Chloride and Copolymers Production .......
Coke Oven Batteries .................................................
Perchloroethylene Dry Cleaning ...............................
Hard and Decorative Chromium Electroplating and
Chromium Anodizing Tanks.
Ethylene Oxide Sterilization Facilities .......................
Industrial Process Cooling Towers ...........................
Gasoline Distribution Facilities ..................................
Pulp and Paper .........................................................
Halogenated Solvent Cleaning .................................
Group I Polymers and Resins ..................................
Epoxy
Resins
Production
and
Non-Nylon
Polyamides Production.
Secondary Lead Smelting .........................................
Marine Tank Vessel Loading Operations .................
Phosphoric Acid Manufacturing Plants .....................
Phosphate Fertilizers Production Plants ...................
Petroleum Refineries ................................................
Off-Site Waste and Recovery Operations ................
Magnetic Tape Manufacturing Operations ...............
Aerospace Manufacturing and Rework Facilities .....
Oil and Natural Gas Production Facilities ................
Shipbuilding and Ship Repair (Surface Coating) ......
Wood Furniture Manufacturing Operations ..............
Printing and Publishing Industry ...............................
Primary Aluminum Reduction Plants ........................
Chemical Recovery Combustion Sources at Kraft,
Soda, Sulfite, and Stand-Alone Semichemical
Pulp Mills.
Tanks—Level 1 .........................................................
Containers .................................................................
Surface Impoundments .............................................
Individual Drain Systems ..........................................
Closed Vent Systems, Control Devices, Recovery
Devices and Routing to a Fuel Gas System or a
Process.
Equipment Leaks—Control Level 1 ..........................
Equipment Leaks—Control Level 2 ..........................
Oil-Water Separators and Organic-Water Separators.
Storage Vessels (Tanks)—Control Level 2 ..............
Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations.
Generic MACT Standards .........................................
Steel Pickling ............................................................
Mineral Wool Production ...........................................
Hazardous Waste Combustors .................................
Pharmaceuticals Production .....................................
Natural Gas Transmission and Storage Facilities ....
Flexible Polyurethane Foam Production ...................
Group IV Polymers and Resins ................................
Portland Cement Manufacturing Industry .................
Pesticide Active Ingredient Production .....................
Wool Fiberglass Manufacturing ................................
Manufacture of Amino/Phenolic Resins ....................
Polyether Polyols Production ....................................
Primary Copper Smelting ..........................................
Secondary Aluminum Production .............................
Primary Lead Smelting .............................................
Petroleum Refineries: Catalytic Cracking, Catalytic
Reforming, and Sulfur Recovery Units.
Publicly Owned Treatment Works ............................
Ferroalloys Production ..............................................
Municipal Solid Waste Landfills ................................
Manufacturing of Nutritional Yeast ...........................
Plywood and Composite Wood Products .................
Organic Liquids Distribution (non-gasoline) ..............
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Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations
DELEGATION STATUS FOR PART 63 STANDARDS—ARIZONA—Continued
Subpart
Description
ADEQ 1
MCAQD 2
PDEQ 3
PCAQCD 4
GRIC 5
FFFF .................
GGGG ..............
HHHH ...............
IIII .....................
Miscellaneous Organic Chemical Manufacturing .....
Solvent Extraction for Vegetable Oil Production ......
Wet-Formed Fiberglass Mat Production ...................
Surface Coating of Automobiles and Light-Duty
Trucks.
Paper and Other Web Coating .................................
Surface Coating of Metal Cans ................................
Miscellaneous Metal Parts and Products .................
Large Appliances ......................................................
Printing, Coating, and Dyeing of Fabrics and Other
Textiles.
Surface Coating of Plastic Parts and Products ........
Wood Building Products ...........................................
Surface Coating of Metal Furniture ..........................
Surface Coating of Metal Coil ...................................
Leather Finishing Operations ....................................
Cellulose Products Manufacturing ............................
Boat Manufacturing ...................................................
Reinforced Plastics Composites Production .............
Tire Manufacturing ....................................................
Stationary Combustion Turbines ..............................
Stationary Reciprocating Internal Combustion Engines.
Lime Manufacturing Plants .......................................
Semiconductor Manufacturing ..................................
Coke Oven: Pushing, Quenching and Battery
Stacks.
Industrial, Commercial, and Institutional Boiler and
Process Heaters.
Iron and Steel Foundries ..........................................
Integrated Iron and Steel ..........................................
Site Remediation .......................................................
Miscellaneous Coating Manufacturing ......................
Mercury Emissions from Mercury Cell Chlor-Alkali
Plants.
Brick and Structural Clay Products Manufacturing ...
Clay Ceramics Manufacturing ...................................
Asphalt Roofing and Processing ..............................
Flexible Polyurethane Foam Fabrication Operation
Hydrochloric Acid Production ....................................
Engine Test Cells/Stands .........................................
Friction Products Manufacturing ...............................
Taconite Iron Ore Processing ...................................
Refractory Products Manufacturing ..........................
Primary Magnesium Refining ....................................
Hospital Ethylene Oxide Sterilizers ..........................
Area Sources: Electric Arc Furnace Steelmaking
Facilities.
Iron and Steel Foundries Area Sources ...................
Gasoline Distribution Bulk Terminals, Bulk Plants,
and Pipeline Facilities.
Gasoline Dispensing Facilities ..................................
Polyvinyl Chloride and Copolymers Production Area
Sources.
Primary Copper Smelting Area Sources ..................
Secondary Copper Smelting Area Sources ..............
Primary Nonferrous Metals Area Sources—Zinc,
Cadmium, and Beryllium.
Paint Stripping and Miscellaneous Surface Coating
Operations at Area Sources.
Acrylic and Modacrylic Fibers Production Area
Sources.
Carbon Black Production Area Sources ...................
Chemical Manufacturing Area Sources: Chromium
Compounds.
Flexible Polyurethane Foam Production and Fabrication Area Sources.
Lead Acid Battery Manufacturing Area Sources ......
Wood Preserving Area Sources ...............................
Clay Ceramics Manufacturing Area Sources ...........
Glass Manufacturing Area Sources ..........................
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Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations
41081
DELEGATION STATUS FOR PART 63 STANDARDS—ARIZONA—Continued
Subpart
Description
ADEQ 1
MCAQD 2
PDEQ 3
PCAQCD 4
GRIC 5
TTTTTT ............
Secondary Nonferrous Metals Processing Area
Sources.
Chemical Manufacturing Industry—Area Sources ....
Area Source Standards for Plating and Polishing
Operations.
Area Source Standards for Nine Metal Fabrication
and Finishing Source Categories.
Area Sources: Ferroalloys Production Facilities .......
Area Source Standards for Aluminum, Copper, and
Other Nonferrous Foundries.
Asphalt Processing and Asphalt Roofing Manufacturing—Area Sources.
Chemical Preparations Industry—Area Sources ......
Paint and Allied Products Manufacturing—Area
Sources.
Prepared Feeds Manufacturing—Area Sources .......
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1 Arizona
Department of Environmental Quality
County Air Quality Department
County Department of Environmental Quality
4 Pinal County Air Quality Control District
5 Gila River Indian Community Department of Environmental Quality. This table includes the GRIC DEQ only for purposes of identifying all
state, local, and tribal agencies responsible for implementing part 63 standards within the geographical boundaries of the State of Arizona and
does not establish any state regulatory authority in Indian country.
2 Maricopa
3 Pima
*
*
*
*
*
[FR Doc. 2012–17031 Filed 7–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2011–0758; FRL–9353–8]
Sulfentrazone; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of sulfentrazone
in or on multiple commodities which
are identified and discussed later in this
document. Interregional Research
Project Number 4 (IR–4) and FMC
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
SUMMARY:
This regulation is effective July
12, 2012. Objections and requests for
hearings must be received on or before
September 10, 2012, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
pmangrum on DSK3VPTVN1PROD with RULES
DATES:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2011–0758 is
available at https://www.regulations.gov
or at the OPP Docket in the
Environmental Protection Agency
Docket Center (EPA/DC), located in EPA
West, Rm. 3334, 1301 Constitution Ave.
ADDRESSES:
VerDate Mar<15>2010
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NW., Washington, DC 20460–0001. The
Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Andrew Ertman, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9367; email address:
ertman.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://ecfr.gpoaccess.gov/cgi/t/
text/text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to those engaged in the
following activities:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
affected by this action. Other types of
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g),
21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2011–0758 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before September 10, 2012. Addresses
for mail and hand delivery of objections
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Agencies
[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Rules and Regulations]
[Pages 41075-41081]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17031]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R09-OAR-2012-0286; FRL-9698-7]
Delegation of National Emission Standards for Hazardous Air
Pollutants for Source Categories; Gila River Indian Community
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
[[Page 41076]]
SUMMARY: EPA is taking direct final action to delegate the authority to
implement and enforce specific National Emission Standards for
Hazardous Air Pollutants (NESHAP) to the Gila River Indian Community
Department of Environmental Quality (GRIC) in Arizona. The preamble
outlines the process that GRIC will use to receive delegation of any
future NESHAP, and identifies the NESHAP categories to be delegated by
today's action. EPA has reviewed GRIC's request for delegation and has
found that this request satisfies all of the requirements necessary to
qualify for approval. Thus, EPA is hereby granting GRIC the authority
to implement and enforce the unchanged NESHAP categories listed in this
rule.
DATES: This rule is effective on September 10, 2012 without further
notice, unless EPA receives relevant adverse comments by August 13,
2012. 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-
2012-0286, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: 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 email.
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 email directly to EPA, your email
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: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105. While
all documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), 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: Rynda Kay, EPA Region IX, (415) 947-
4118, kay.rynda@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. Background
II. EPA's Action
A. Delegation for Specific Standards
B. Delegation Mechanism for Future Standards
C. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. Background
Section 112(l) of the Clean Air Act, as amended in 1990 (CAA or the
Act), authorizes EPA to delegate to state, local, or tribal 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, NESHAP 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 agency, local agency
or tribe may submit a one-time demonstration that it has adequate
authorities and resources to implement and enforce any CAA section 112
standard. If such demonstration is approved, then the requesting agency
or tribe 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. 40 CFR 63.91(d)(2). However, EPA
maintains the authority to withdraw its approval if the delegated
agency or tribe does not adequately implement or enforce an approved
rule or program. 40 CFR 63.96(b).
To be eligible to receive delegation to implement CAA programs,
GRIC as an Indian Tribe must receive a Treatment as a State (TAS)
determination from EPA pursuant to CAA section 301(d)(2) and EPA's
implementing regulations in 40 CFR Part 49 (Tribal Authority Rule or
``TAR'' \1\). See 63 FR 7254 (February 12, 1998), as amended at 76 FR
23879 (April 29, 2011). In addition to the TAS eligibility
determination, in order to be delegated authority to implement the
NESHAP standards, GRIC agreed in a Memorandum of Agreement (2008
Delegation Memorandum) with EPA that it would: (i) Obtain the
regulatory authority necessary to implement the standards by
incorporating the CAA section 112 federal rules into tribal codes of
regulation by reference; (ii) submit a letter to the Director of EPA
Region IX's Air Division requesting delegation of the section 112
federal rule, including proof that GRIC has obtained the necessary
regulatory authority to fully implement and enforce the section 112
rule for which it is seeking delegation; and (iii) receive approval
from EPA to implement the requested standard. The details of this
delegation mechanism are set forth in the 2008 Delegation Memorandum
between GRIC and EPA.
---------------------------------------------------------------------------
\1\ EPA previously titled these regulations as the Tribal Clean
Air Act Authority, or ``Tribal Authority Rule'', but recently
changed the name to better reflect the scope of authority for
planning and management of air quality in Indian Country. (see 76 FR
23876, April 29, 2011). However, references to Part 49, Subpart A
(49.1-49.50), such as here, are still referred to as the ``Tribal
Authority Rule'', or ``TAR''.
---------------------------------------------------------------------------
On October 21, 2009, EPA determined that GRIC met the eligibility
requirements set forth in section 301(d)(2) of the CAA and EPA's
implementing regulations in the TAR, making it eligible for treatment
as a state to implement four CAA programs, including the NESHAP
standards under CAA section 112 (see letter from Laura Yoshii, Acting
Regional Administrator, U.S. EPA Region IX to William Rhodes, Governor,
Gila River Indian Community). EPA granted GRIC's request for a TAS
eligibility determination based on our conclusion that the Tribe's
application met the eligibility criteria in CAA section 301(d)(2) and
the TAR, including the requirement to demonstrate that the Tribe has
adequate resources and
[[Page 41077]]
authorities to implement and enforce the NESHAP under CAA section 112.
On November 10, 2008, GRIC informed EPA that it intended to obtain
the regulatory authority necessary to accept delegation of section 112
standards by incorporating section 112 rules into the GRIC Tribal Code
by reference. On November 18, 2008, GRIC submitted a letter to the
director of the Air Division for Region IX requesting delegation of
several individual section 112 standards that had been incorporated by
reference into the GRIC Tribal Code.
The final step in the delegation process occurs when EPA approves
GRIC's formal delegation request for that standard. Today's action is
an approval of GRIC's November 18, 2008 delegation request. The
standards that are being delegated by today's action are listed in a
table at the end of this rule.
II. EPA's Action
A. Delegation for Specific Standards
Based on our review of GRIC's request for delegation of various
NESHAP, EPA has determined that the Tribe's request meets all of the
requirements to qualify for approval under CAA section 112(l) and 40
CFR 63.91. Accordingly, EPA is granting GRIC the authority to implement
and enforce the requested NESHAP. This delegation of authority will be
effective on September 10, 2012. A table identifying the specific
NESHAP that will be delegated to GRIC is shown at the end of this rule.
Although GRIC 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, local or tribal 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 sections 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 GRIC.
In its November 18, 2008 request, GRIC included a request for
delegation of the regulations implementing CAA section 112(i)(5),
codified at 40 CFR Part 63, Subpart D. These requirements apply to non-
federal agencies that have a permit program approved under title V of
the Act (see 40 CFR 63.70). State, local, or tribal agencies
implementing the requirements under Subpart D do not need approval
under section 112(l). If the non-federal agency does not have an
approved permit program, then these requirements are carried out by
EPA. GRIC currently does not have a federally approved permit program,
therefore Subpart D will be administered by EPA. In the future, if GRIC
receives federal approval for their permitting program, then GRIC will
automatically be able to implement the requirements of Subpart D
without the need to obtain an additional delegation from EPA. Because
the authority to implement the requirements under Subpart D is directly
conferred to approved permitting authorities without the need for
delegation through CAA section 112(l), EPA is not taking action to
delegate 40 CFR Part 63, Subpart D to GRIC.
GRIC also 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 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,
December 27, 1996). 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, May 20, 1994). Therefore, state, local, or tribal
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 GRIC.
B. Delegation Mechanism for Future Standards
Today's document serves to notify the public of the details of
GRIC's procedure for receiving delegation of future NESHAPs. As set
forth in the 2008 Delegation Memorandum, GRIC intends to incorporate by
reference, into the GRIC Tribal Code, each newly promulgated NESHAP for
which it intends to seek delegation. GRIC 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 NESHAP should do so at this
time.
C. Public Comment and Final Action
As authorized in section 112(l)(5) of the Act, EPA is fully
approving this delegation request because we believe it fulfills all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously publishing a separate document that will serve as the
proposal for this action. If we receive adverse comments by August 13,
2012, we will publish a timely withdrawal in the Federal Register to
notify the public that this direct final approval will not take effect
and we will address the comments in a subsequent final action based on
the proposal. 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 we do not receive timely adverse
comments, the direct final approval will be effective without further
notice on September 10, 2012 and no further action will be taken on the
proposed rule. Please note that if EPA receives an adverse comment on
an amendment, paragraph, or section of this rule and if that provision
may be severed from the remainder of the rule, EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and
[[Page 41078]]
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely approves an eligible Indian tribe's request for
delegation of authority to implement federal requirements through
tribal law and imposes no additional requirements beyond those imposed
by tribal law. Accordingly, the Administrator certifies that this
direct final rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601, et seq.). Because this rule approves an Indian
tribe's request for delegation of authority to implement a federal
program through pre-existing requirements under tribal law and does not
impose any additional enforceable duty beyond that required by tribal
law, it 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).
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 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.'' EPA has concluded that this
rule will have tribal implications in that it will have substantial
direct effects on the Gila River Indian Community. However, it will
neither impose substantial direct compliance costs on tribal
governments, nor preempt tribal law. EPA is approving GRIC's request
for delegation of authority to implement the federal NESHAP at the
request of the Tribe. Tribal law will not be preempted as GRIC
incorporated the federal NESHAP it seeks to implement into Tribal Law
on December 13, 2006. The Tribe has requested, and fully supports, our
approval of this delegation request, which makes the Tribe's
regulations incorporating the NESHAP federally enforceable.
EPA worked and consulted with officials of the GRIC early in the
process of developing this program to permit them to have meaningful
and timely input into its development. In order to administer the
NESHAP, tribes must be determined eligible (40 CFR Part 49) for TAS for
the purpose of administering these standards. During the TAS
eligibility process, the Tribe and EPA worked together to ensure that
the appropriate information was submitted to EPA. GRIC and EPA also
worked together throughout the process of developing and adopting
GRIC's regulations to implement the NESHAP. The Tribe and EPA also
entered into a Memorandum of Agreement, which establishes procedures to
facilitate delegation of authority to implement and enforce the NESHAP
to GRIC and outlines the agencies' related responsibilities.
This action also does not have Federalism implications because it
does 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 (64 FR 43255, August
10, 1999). This action merely approves a tribal request to implement
federal emission standards that apply within the exterior boundaries of
the GRIC reservation, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA. This
rule 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, ``Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations'' (59 FR 7629, February
16, 1994). This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
The requirements of section 12(d) of the National Technology
Transfer and Advancement Act (NTTAA) of 1995 (15 U.S.C. 272) do not
apply to this rule. In reviewing requests for delegation of CAA
authority, the EPA's role is to approve an eligible tribe's request,
provided that it meets the criteria of the CAA. In this context, in the
absence of a prior existing requirement for the Tribe to use Voluntary
Consensus Standards (VCS), the EPA has no authority to disapprove a
delegation request for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a delegation
request, to use VCS in place of a submission that otherwise satisfies
the provisions of the CAA. Thus, the requirements of section 12(d) of
NTTAA do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501, et seq.).
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. Section 7412.
Dated: June 22, 2012.
Elizabeth Adams,
Acting Director, Air Division Region IX.
Therefore, 40 CFR chapter I 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. Amend Sec. 63.99 by revising the table in paragraph (a)(3)(i) to
read as follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(3) * * *
(i) * * *
Delegation Status for Part 63 Standards--Arizona
----------------------------------------------------------------------------------------------------------------
Subpart Description ADEQ \1\ MCAQD \2\ PDEQ \3\ PCAQCD \4\ GRIC \5\
----------------------------------------------------------------------------------------------------------------
A...................... General X X X X X
Provisions.
F...................... Synthetic Organic X X X X X
Chemical
Manufacturing
Industry.
G...................... Synthetic Organic X X X X X
Chemical
Manufacturing
Industry:
Process Vents,
Storage Vessels,
Transfer
Operations, and
Wastewater.
[[Page 41079]]
H...................... Organic Hazardous X X X X X
Air Pollutants:
Equipment Leaks.
I...................... Organic Hazardous X X X X X
Air Pollutants:
Certain
Processes
Subject to the
Negotiated
Regulation for
Equipment Leaks.
J...................... Polyvinyl X X X ............ X
Chloride and
Copolymers
Production.
L...................... Coke Oven X X X X X
Batteries.
M...................... Perchloroethylene X X X X X
Dry Cleaning.
N...................... Hard and X X X X X
Decorative
Chromium
Electroplating
and Chromium
Anodizing Tanks.
O...................... Ethylene Oxide X X X X X
Sterilization
Facilities.
Q...................... Industrial X X X X X
Process Cooling
Towers.
R...................... Gasoline X X X X X
Distribution
Facilities.
S...................... Pulp and Paper... X X X ............ X
T...................... Halogenated X X X X X
Solvent Cleaning.
U...................... Group I Polymers X X X X X
and Resins.
W...................... Epoxy Resins X X X X X
Production and
Non-Nylon
Polyamides
Production.
X...................... Secondary Lead X X X X X
Smelting.
Y...................... Marine Tank ............ ............ ............ ............ X
Vessel Loading
Operations.
AA..................... Phosphoric Acid X X X ............ X
Manufacturing
Plants.
BB..................... Phosphate X X X ............ X
Fertilizers
Production
Plants.
CC..................... Petroleum X X X X X
Refineries.
DD..................... Off-Site Waste X X X X X
and Recovery
Operations.
EE..................... Magnetic Tape X X X X X
Manufacturing
Operations.
GG..................... Aerospace X X X X X
Manufacturing
and Rework
Facilities.
HH..................... Oil and Natural X X X ............ X
Gas Production
Facilities.
II..................... Shipbuilding and ............ ............ ............ ............ X
Ship Repair
(Surface
Coating).
JJ..................... Wood Furniture X X X X X
Manufacturing
Operations.
KK..................... Printing and X X X X X
Publishing
Industry.
LL..................... Primary Aluminum X ............ X ............ X
Reduction Plants.
MM..................... Chemical Recovery X X X ............ X
Combustion
Sources at
Kraft, Soda,
Sulfite, and
Stand-Alone
Semichemical
Pulp Mills.
OO..................... Tanks--Level 1... X X X X X
PP..................... Containers....... X X X X X
QQ..................... Surface X X X X X
Impoundments.
RR..................... Individual Drain X X X X X
Systems.
SS..................... Closed Vent X X X ............ X
Systems, Control
Devices,
Recovery Devices
and Routing to a
Fuel Gas System
or a Process.
TT..................... Equipment Leaks-- X X X ............ X
Control Level 1.
UU..................... Equipment Leaks-- X X X ............ X
Control Level 2.
VV..................... Oil-Water X X X X X
Separators and
Organic-Water
Separators.
WW..................... Storage Vessels X X X ............ X
(Tanks)--Control
Level 2.
XX..................... Ethylene X X X ............ X
Manufacturing
Process Units:
Heat Exchange
Systems and
Waste Operations.
YY..................... Generic MACT X X X ............ X
Standards.
CCC.................... Steel Pickling... X X X ............ X
DDD.................... Mineral Wool X X X ............ X
Production.
EEE.................... Hazardous Waste X X X ............ X
Combustors.
GGG.................... Pharmaceuticals X X X ............ X
Production.
HHH.................... Natural Gas X X X ............ X
Transmission and
Storage
Facilities.
III.................... Flexible X X X ............ X
Polyurethane
Foam Production.
JJJ.................... Group IV Polymers X X X X X
and Resins.
LLL.................... Portland Cement X X X ............ X
Manufacturing
Industry.
MMM.................... Pesticide Active X X X ............ X
Ingredient
Production.
NNN.................... Wool Fiberglass X X X ............ X
Manufacturing.
OOO.................... Manufacture of X X X ............ X
Amino/Phenolic
Resins.
PPP.................... Polyether Polyols X X X ............ X
Production.
QQQ.................... Primary Copper X X X ............ X
Smelting.
RRR.................... Secondary X X X ............ X
Aluminum
Production.
TTT.................... Primary Lead X X X ............ X
Smelting.
UUU.................... Petroleum X X X ............ X
Refineries:
Catalytic
Cracking,
Catalytic
Reforming, and
Sulfur Recovery
Units.
VVV.................... Publicly Owned X X X ............ X
Treatment Works.
XXX.................... Ferroalloys X X X ............ X
Production.
AAAA................... Municipal Solid X X X ............ X
Waste Landfills.
CCCC................... Manufacturing of X X X ............ X
Nutritional
Yeast.
DDDD................... Plywood and X X X ............ X
Composite Wood
Products.
EEEE................... Organic Liquids X X X ............ X
Distribution
(non-gasoline).
[[Page 41080]]
FFFF................... Miscellaneous X X X ............ X
Organic Chemical
Manufacturing.
GGGG................... Solvent X X X ............ X
Extraction for
Vegetable Oil
Production.
HHHH................... Wet-Formed X X X ............ X
Fiberglass Mat
Production.
IIII................... Surface Coating X X ............ ............ X
of Automobiles
and Light-Duty
Trucks.
JJJJ................... Paper and Other X X X ............ X
Web Coating.
KKKK................... Surface Coating X X X ............ X
of Metal Cans.
MMMM................... Miscellaneous X X X ............ X
Metal Parts and
Products.
NNNN................... Large Appliances. X X X ............ X
OOOO................... Printing, X X X ............ X
Coating, and
Dyeing of
Fabrics and
Other Textiles.
PPPP................... Surface Coating X X ............ ............ X
of Plastic Parts
and Products.
QQQQ................... Wood Building X X X ............ X
Products.
RRRR................... Surface Coating X X X ............ X
of Metal
Furniture.
SSSS................... Surface Coating X X X ............ X
of Metal Coil.
TTTT................... Leather Finishing X X X ............ X
Operations.
UUUU................... Cellulose X X X ............ X
Products
Manufacturing.
VVVV................... Boat X X X ............ X
Manufacturing.
WWWW................... Reinforced X X X ............ X
Plastics
Composites
Production.
XXXX................... Tire X X X ............ X
Manufacturing.
YYYY................... Stationary X X X ............ X
Combustion
Turbines.
ZZZZ................... Stationary X X ............ ............ X
Reciprocating
Internal
Combustion
Engines.
AAAAA.................. Lime X X X ............ X
Manufacturing
Plants.
BBBBB.................. Semiconductor X X X ............ X
Manufacturing.
CCCCC.................. Coke Oven: X X X ............ X
Pushing,
Quenching and
Battery Stacks.
DDDDD.................. Industrial, X X ............ ............ X
Commercial, and
Institutional
Boiler and
Process Heaters.
EEEEE.................. Iron and Steel X X X ............ X
Foundries.
FFFFF.................. Integrated Iron X X X ............ X
and Steel.
GGGGG.................. Site Remediation. X X X ............ X
HHHHH.................. Miscellaneous X X X ............ X
Coating
Manufacturing.
IIIII.................. Mercury Emissions X X X ............ X
from Mercury
Cell Chlor-
Alkali Plants.
JJJJJ.................. Brick and X X X ............ X
Structural Clay
Products
Manufacturing.
KKKKK.................. Clay Ceramics X X X ............ X
Manufacturing.
LLLLL.................. Asphalt Roofing X X X ............ X
and Processing.
MMMMM.................. Flexible X X X ............ X
Polyurethane
Foam Fabrication
Operation.
NNNNN.................. Hydrochloric Acid X X X ............ X
Production.
PPPPP.................. Engine Test Cells/ X X X ............ X
Stands.
QQQQQ.................. Friction Products X X X ............ X
Manufacturing.
RRRRR.................. Taconite Iron Ore X X X ............ X
Processing.
SSSSS.................. Refractory X X X ............ X
Products
Manufacturing.
TTTTT.................. Primary Magnesium X X X ............ X
Refining.
WWWWW.................. Hospital Ethylene ............ X X ............ ............
Oxide
Sterilizers.
YYYYY.................. Area Sources: ............ X X ............ ............
Electric Arc
Furnace
Steelmaking
Facilities.
ZZZZZ.................. Iron and Steel ............ X X ............ ............
Foundries Area
Sources.
BBBBBB................. Gasoline ............ X X ............ ............
Distribution
Bulk Terminals,
Bulk Plants, and
Pipeline
Facilities.
CCCCCC................. Gasoline ............ X X ............ ............
Dispensing
Facilities.
DDDDDD................. Polyvinyl ............ X X ............ ............
Chloride and
Copolymers
Production Area
Sources.
EEEEEE................. Primary Copper ............ X X ............ ............
Smelting Area
Sources.
FFFFFF................. Secondary Copper ............ X X ............ ............
Smelting Area
Sources.
GGGGGG................. Primary ............ X X ............ ............
Nonferrous
Metals Area
Sources--Zinc,
Cadmium, and
Beryllium.
HHHHHH................. Paint Stripping ............ X X ............ ............
and
Miscellaneous
Surface Coating
Operations at
Area Sources.
LLLLLL................. Acrylic and ............ X X ............ ............
Modacrylic
Fibers
Production Area
Sources.
MMMMMM................. Carbon Black ............ X X ............ ............
Production Area
Sources.
NNNNNN................. Chemical ............ X X ............ ............
Manufacturing
Area Sources:
Chromium
Compounds.
OOOOOO................. Flexible ............ X X ............ ............
Polyurethane
Foam Production
and Fabrication
Area Sources.
PPPPPP................. Lead Acid Battery ............ X X ............ ............
Manufacturing
Area Sources.
QQQQQQ................. Wood Preserving ............ X X ............ ............
Area Sources.
RRRRRR................. Clay Ceramics ............ X X ............ ............
Manufacturing
Area Sources.
SSSSSS................. Glass ............ X X ............ ............
Manufacturing
Area Sources.
[[Page 41081]]
TTTTTT................. Secondary ............ X X ............ ............
Nonferrous
Metals
Processing Area
Sources.
VVVVVV................. Chemical ............ X ............ ............ ............
Manufacturing
Industry--Area
Sources.
WWWWWW................. Area Source ............ X ............ ............ ............
Standards for
Plating and
Polishing
Operations.
XXXXXX................. Area Source ............ X ............ ............ ............
Standards for
Nine Metal
Fabrication and
Finishing Source
Categories.
YYYYYY................. Area Sources: ............ X ............ ............ ............
Ferroalloys
Production
Facilities.
ZZZZZZ................. Area Source ............ X ............ ............ ............
Standards for
Aluminum,
Copper, and
Other Nonferrous
Foundries.
AAAAAAA................ Asphalt ............ X ............ ............ ............
Processing and
Asphalt Roofing
Manufacturing--A
rea Sources.
BBBBBBB................ Chemical ............ X ............ ............ ............
Preparations
Industry--Area
Sources.
CCCCCCC................ Paint and Allied ............ X ............ ............ ............
Products
Manufacturing--A
rea Sources.
DDDDDDD................ Prepared Feeds ............ X ............ ............ ............
Manufacturing--A
rea Sources.
----------------------------------------------------------------------------------------------------------------
\1\ 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
\5\ Gila River Indian Community Department of Environmental Quality. This table includes the GRIC DEQ only for
purposes of identifying all state, local, and tribal agencies responsible for implementing part 63 standards
within the geographical boundaries of the State of Arizona and does not establish any state regulatory
authority in Indian country.
* * * * *
[FR Doc. 2012-17031 Filed 7-11-12; 8:45 am]
BILLING CODE 6560-50-P