
[Federal Register: March 25, 2009 (Volume 74, Number 56)]
[Rules and Regulations]               
[Page 12591-12593]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr09-15]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R09-OAR-2008-0759; FRL-8783-7]

 
Delegation of National Emission Standards for Hazardous Air 
Pollutants for Source Categories; State of California; Amador County 
Air Pollution Control District, San Diego County Air Pollution Control 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is amending certain regulations to reflect the current 
delegation status of national emission standards for hazardous air 
pollutants in California. Amador County Air Pollution Control District 
and San Diego County Air Pollution Control District requested 
delegation of these federal standards as they apply to non-major 
sources. Their delegation requests were approved by letter on September 
4, 2008. The purpose of this action is to update the listing in the 
Code of Federal Regulations. EPA Region IX is also waiving the need for 
duplicate reporting after a California district is delegated these 
federal standards applicable to non-major sources.

DATES: This rule is effective on May 26, 2009 without further notice, 
unless EPA receives relevant adverse comments by April 24, 2009. If EPA 
receives such comments, then it will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2008-0759, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. E-mail: 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 e-mail. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send e-mail directly to EPA, your e-mail 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 
IX, 75 Hawthorne Street, San Francisco, California. While all documents 
in the docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available in either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment 
during normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-
4124, wang.mae@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Table of Contents
I. Background
    A. Delegation of NESHAP
    B. California Delegations
    C. Area Source Delegation Requests
II. EPA Action
    A. Area Source Delegation Requests
    B. Waiver of Duplicate Reporting
III. Statutory and Executive Order Reviews

I. Background

A. Delegation of NESHAP

    Section 112(l) of the Clean Air Act, as amended in 1990 (CAA), 
authorizes EPA to delegate to State or local air pollution control 
agencies the authority to implement and enforce the standards set out 
in Title 40 of the Code of Federal Regulations (CFR), Part 63, National 
Emission Standards for Hazardous Air Pollutants for Source Categories 
(NESHAP). On November 26, 1993, EPA promulgated regulations, codified 
at 40 CFR part 63, subpart E (hereinafter referred to as ``Subpart 
E''), establishing procedures for EPA's approval of State rules or 
programs under CAA 112(l) (see 58 FR 62262). The procedures of Subpart 
E were later amended on September 14, 2000 (see 65 FR 55810).
    Any request for approval under CAA section 112(l) must meet the 
approval criteria in 112(l)(5) and Subpart E. To

[[Page 12592]]

streamline the approval process for future applications, a State or 
local agency may submit a one-time demonstration that it has adequate 
authorities and resources to implement and enforce any CAA section 112 
standards. If such demonstration is approved, then the State or local 
agency would no longer need to resubmit a demonstration of these same 
authorities and resources for every subsequent request for delegation 
of CAA section 112 standards. However, EPA maintains the authority to 
withdraw its approval if the State does not adequately implement or 
enforce an approved rule or program. On July 6, 1995, the California 
Air Resources Board (CARB) submitted a demonstration that California 
has adequate authorities and resources to implement and enforce CAA 
section 112 programs and rules. This demonstration was approved on May 
21, 1996 (61 FR 25397).

B. California Delegations

    While each local air pollution control agency in California 
(district) has an approved program for receiving delegation of any CAA 
section 112 standards as promulgated, most California districts 
currently have delegation only for standards that apply to major 
sources. As part of EPA's approval of each district's Title V operating 
permits program, districts received delegation of unchanged federal 
section 112 standards for Title V sources. This delegation did not 
extend to sources not covered by the California Title V program 
submittals. Therefore, California needed to make a separate voluntary 
request for delegation of any section 112 standards that apply to 
sources not covered by district Title V programs (e.g., area sources 
that are not subject to Title V).

C. Area Source Delegation Requests

    On October 6, 2003, CARB submitted on behalf of nine California 
districts a request for delegation of all federal section 112 standards 
that apply to area sources, with the exception of the dry cleaning and 
chromium electroplating standards for which State or local rules have 
already been approved (see 61 FR 25397 and 64 FR 12762). This request 
was approved on December 19, 2003 (see 68 FR 70726). In that approval, 
it was explained that future requests by other districts could be 
approved by letter, followed by a Federal Register notice to codify the 
delegations into the CFR.
    The Amador County Air Pollution Control District and San Diego 
County Air Pollution Control District later asked CARB to make a 
delegation request on their behalf for CAA section 112 area source 
standards. The dates of each district's letter to CARB are listed in 
the table below:

------------------------------------------------------------------------
              Local agency                    Date of letter to CARB
------------------------------------------------------------------------
Amador County APCD.....................  October 6, 2003.
San Diego County APCD..................  March 25, 2008.
------------------------------------------------------------------------

    On June 17, 2008, CARB submitted the request on behalf of these two 
districts. On September 4, 2008, EPA Region IX approved this request by 
letter, granting each district the authority to implement and enforce 
existing area source standards unchanged as promulgated by EPA.

II. EPA Action

A. Area Source Delegation Requests

    Today's action serves to notify the public that, with the exception 
of the dry cleaning and chromium electroplating standards, EPA has 
granted delegation of unchanged federal section 112 area source 
standards to the following districts in California: Amador County Air 
Pollution Control District and San Diego County Air Pollution Control 
District. These districts have authority to implement and enforce 
existing area source standards unchanged as promulgated by EPA. Each of 
these districts will also receive delegation of any future area source 
standards or revisions 90 days after promulgation of these standards or 
revisions, unless the district chooses to decline delegation of a 
particular future standard by notifying the EPA Region IX office in 
writing. If no such notification is received, the delegation will go 
into effect 90 days after promulgation of the standard or revision, 
without any additional action from the district or EPA.

B. Waiver of Duplicate Reporting

    After a state or local agency has been delegated the authority to 
implement and enforce a NESHAP, the delegated agency becomes the 
primary point of contact with respect to that NESHAP. Pursuant to 40 
CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii), EPA Region IX waives the 
requirement that notifications or reports for delegated area source 
standards be submitted to EPA as well as the delegated California 
district. Therefore, in California, after a district receives 
delegation of an area source NESHAP, the owner or operator of an 
affected source in that district need only submit notifications or 
reports to the district. Duplicate copies of those notifications or 
reports are not required to be submitted to the EPA Region IX office. 
At this point, this waiver only applies to the specific area source 
standards delegated to the following districts in California: Amador 
County Air Pollution Control District, Antelope Valley Air Quality 
Management District, Butte County Air Quality Management District, Kern 
County Air Pollution Control District, Mendocino County Air Quality 
Management District, Mojave Desert Air Quality Management District, 
Monterey Bay Unified Air Pollution Control District, San Diego County 
Air Pollution Control District, San Joaquin Valley Unified Air 
Pollution Control District, San Luis Obispo County Air Pollution 
Control District, Ventura County Air Pollution Control District, and 
Yolo-Solano Air Quality Management District (see 40 CFR 
63.99(a)(5)(i)(B)). In the future, this waiver will automatically apply 
each time EPA Region IX delegates an area source standard to a 
California district. As mentioned previously, these delegations will be 
granted by letter, followed by a Federal Register notice to codify the 
delegations into the CFR. EPA reserves the right to re-evaluate the 
appropriateness of such a broad waiver in the event of programmatic 
changes or on a source category basis. In addition, EPA retains the 
authority to request information or copies of notifications or reports 
via CAA section 114.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a 
delegation request that complies with the provisions of the CAA and 
applicable Federal regulations. 42 U.S.C. 7412(l); 40 CFR 63.91(b). 
Thus, in reviewing state delegation submissions, our role is to approve 
state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely updates the list of approved 
delegations in the CFR and does not impose additional requirements 
beyond those imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described

[[Page 12593]]

in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the delegation submission is not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 26, 2009. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements (see CAA section 307(b)(2)).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of Section 
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.

    Dated: March 9, 2009.
Deborah Jordan,
Director, Air Division, Region IX.

0
Title 40, chapter I, part 63 of the Code of Federal Regulations is 
amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for Part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

0
2. Section 63.99 is amended by revising paragraph (a)(5)(i)(B) to read 
as follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (5) * * *
    (i) * * *
    (B) California area sources. Except as described in paragraph 
(a)(5)(ii) of this section, the local agencies listed below also have 
delegation for national emission standards promulgated in this part as 
they apply to area sources:
    (1) Amador County Air Pollution Control District.
    (2) Antelope Valley Air Quality Management District.
    (3) Butte County Air Quality Management District.
    (4) Kern County Air Pollution Control District.
    (5) Mendocino County Air Quality Management District.
    (6) Mojave Desert Air Quality Management District.
    (7) Monterey Bay Unified Air Pollution Control District.
    (8) San Diego County Air Pollution Control District.
    (9) San Joaquin Valley Unified Air Pollution Control District, only 
for standards promulgated in this part and incorporated by reference in 
district Rule 4002, amended on May 20, 2004.
    (10) San Luis Obispo County Air Pollution Control District.
    (11) Ventura County Air Pollution Control District.
    (12) Yolo-Solano Air Quality Management District.
* * * * *
[FR Doc. E9-6606 Filed 3-24-09; 8:45 am]

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