[Federal Register Volume 79, Number 218 (Wednesday, November 12, 2014)]
[Rules and Regulations]
[Pages 67073-67079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25948]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R06-OAR-2012-0765; FRL-9918-61-Region 6]


National Emission Standards for Hazardous Air Pollutants; 
Delegation of Authority to Arkansas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; delegation of authority.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, 
through a ``direct final'' procedure, the straight delegation of 
authority and approval of the mechanism used for the implementation and 
enforcement of certain unchanged Federal section 112 rules to the 
Arkansas Department of Environmental Quality (ADEQ), pursuant to 
section 112(l) of the Clean Air Act (Act or CAA). A more detailed 
description of the procedures used to implement the delegation is set 
forth in a memorandum of agreement (MOA) between ADEQ and EPA, dated 
September 17, 2014, a copy of which may be found in the docket for this 
rulemaking, as discussed below. The delegation only encompasses sources 
subject to one or more Federal section 112 standards (Part 63 standards 
specifically) which are also subject to the requirements of the Title V 
operating permits program. The delegation of authority under this 
action does not include authorities contained in CAA section 112(r).

DATES: The rule is effective on January 12, 2015 without further 
notice, unless EPA receives relevant adverse comment by December 12, 
2014. If EPA receives such comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2012-0765, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions.
     Email: Mr. Rick Barrett at barrett.richard@epa.gov. Please 
also send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Mail or delivery: Mr. Rick Barrett, Air Permits Section 
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2012-
0765. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information through 
http://www.regulations.gov or email, if you believe that it is CBI or 
otherwise protected from disclosure. The http://www.regulations.gov Web 
site is an ``anonymous access'' system, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment along with 
any disk or CD-ROM submitted. 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 and any form of encryption and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. 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 at either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment with 
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph 
below or Mr. Bill Deese at (214) 665-7253.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6PD-R), Air Permits 
Section, telephone (214) 665-7227; email: barrett.richard@epa.gov.

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

Table of Contents

I. Why are we delegating this program to ADEQ?
II. What is the history of this request for delegation?
III. How will ADEQ implement this delegation?
IV. What requirements did ADEQ meet to receive today's approval?
V. How did ADEQ meet the approval criteria?
VI. How are sources subject to the listed standards going to be 
handled since ADEQ did not accept delegation of these standards?
VII. What is being delegated?
VIII. What is not being delegated?
IX. How will applicability determinations under section 112 be made?
X. What information must ADEQ provide to EPA?
XI. Should sources submit notices to EPA or ADEQ?
XII. How will unchanged authorities be delegated to ADEQ in the 
future?
XIII. What is today's final action?
XIV. Administrative Requirements

I. Why are we delegating this program to ADEQ?

    Section 112(l) of the CAA enables a State to develop and submit to 
EPA for approval a program for partial or complete delegation of EPA's 
authorities for the implementation and enforcement of the requirements 
found in section 112 of the Act pertaining to the regulation of 
hazardous air pollutants (Federal section 112 rules). After notice and 
opportunity for public comment, the State program may be approved if 
EPA determines that: (1) the authorities contained in the program are 
adequate to assure compliance by all sources within the State with each 
applicable requirement, regulation, or requirement established by EPA 
under CAA section 112; (2) the State has adequate authority and 
resources to implement the program; (3) the schedule for implementing 
the program and assuring compliance by affected sources is sufficiently 
expeditious: and (4) the program is otherwise in compliance with 
guidance issued by EPA under CAA section 112(l)(2) and is likely to 
satisfy the objectives of the CAA. Once approved, the air toxics 
program may be implemented and enforced by the delegated State or local 
agency, as well as EPA. Implementation by local agencies is dependent 
upon appropriate sub-delegation.

II. What is the history of this request for delegation?

    In a Federal Register notice dated September 8, 1995, EPA Region 6

[[Page 67074]]

promulgated final interim approval of the Arkansas Operating Permit 
Program. 60 FR 46771. As such, ADEQ met the up-front approval criteria 
for delegation of unchanged Part 63 standards, as set forth in 40 CFR 
63.91(d). By letter dated June 7, 2010, ADEQ requested EPA's delegation 
of authority and approval of the mechanism it will use to implement and 
enforce the delegated Part 63 standards--that is, through its EPA-
approved Title V Operating Permit Program (the effective date of the 
latest approved revision is November 8, 2004; 40 CFR Part 70, Appendix 
A). ADEQ's request does not seek delegation of the Part 63 standards 
applicable to area sources that do not federally require a Title V 
(Part 70) operating permit nor does ADEQ request delegation of the 
accidental release requirements of CAA section 112(r).
    On August 3, 2010, EPA found the State's submittal complete. In 
this document EPA is taking final action to approve the mechanism for 
the implementation and enforcement of those Part 63 standards 
specifically identified in 40 CFR 63.99(a)(4), using the procedures set 
forth more specifically in the MOA between ADEQ and EPA.

III. How will ADEQ implement this delegation?

    As stated in its letter, dated June 7, 2010, ADEQ intends to 
implement and enforce the delegated Part 63 standards through its EPA-
approved Title V program. In order to ensure timely implementation and 
enforcement of these standards, ADEQ and EPA have executed an MOA, 
dated September 17, 2014, a copy of which has been placed in the docket 
associated with this rulemaking. As detailed more fully in the MOA, 
upon promulgation of a new or revised Part 63 standard that applies to 
Title V sources, ADEQ will issue or reopen the appropriate permit to 
include the new or revised Part 63 standard according to the permit 
issuance schedule set forth in the MOA. After the permit has been 
revised to include the new or revised Part 63 standard, ADEQ will be 
able to implement and enforce the terms of the permit containing the 
Part 63 standard requirements. Also, ADEQ must notify EPA within 45 
days of the final promulgation of a new or revised Part 63 standard if 
ADEQ does not intend to implement or enforce the standard under this 
delegation. ADEQ asserts that existing Part 63 standards have already 
been incorporated into Title V permits for most Title V sources in 
Arkansas subject to existing Part 63 standards; however, should ADEQ 
identify a Title V source where existing Part 63 standards have not 
been incorporated into such permit, it will re-open the source's Title 
V permit to incorporate those Part 63 standards. As such, EPA's 
delegation of implementation and enforcement of the Part 63 standards 
found in 40 CFR 63.99(a)(4), established in this rulemaking, will be 
effective only after incorporation of those standards into the source's 
Title V (Part 70) permit. Arkansas will assume responsibility for the 
timely implementation and enforcement required by each standard, as 
well as any further activities agreed to by ADEQ and EPA. Some 
activities necessary for effective implementation of the Part 63 
standards include receipt of initial notifications, recordkeeping, 
reporting and generally assuring that sources subject to a standard are 
aware of its existence.

IV. What requirements did ADEQ meet to receive today's approval?

    As stated above, CAA section 112(l)(5) sets forth the requirements 
for EPA approval of a State's air toxics program. On November 26, 1993, 
EPA promulgated regulations to provide guidance relating to the 
approval of State programs under section 112(l) of the Act. 40 FR 
62262. These rules were revised on September 14, 2000. 40 FR 55809. 
That rulemaking outlined the requirements of approval with respect to 
various delegation options. The requirements for approval pursuant to 
section 112(l)(5) of the Act, for a program to implement and enforce 
Part 63 standards as promulgated without changes (also known as 
``straight delegation'') are found at 40 CFR 63.91. Any request for 
approval must meet all CAA section 112(l) approval criteria, as well as 
all approval criteria of 40 CFR 63.91.
    With respect to the approval criteria for straight delegation, 40 
CFR 63.91(a) provides that only the approval criteria of 40 CFR 
63.91(d) be met. In turn, 40 CFR 63.91(d)(3) states that interim or 
final Title V program approval will satisfy the criteria set forth in 
40 CFR 63.91(d), up-front approval criteria. The requirements for 
delegation approval specified in CAA section 112(l)(5)--that a State's 
program contain adequate authorities, adequate resources for 
implementation, and an expeditious compliance schedule--are also 
requirements for an adequate operating permits program under 40 CFR 
Part 70 (40 CFR 70.4). Therefore, EPA's interim or final approval of a 
State's Title V operating permits program should also meet the CAA 
section 112(l) requirements for delegation of the Part 63 noted above 
as they apply to Title V (Part 70) sources.

V. How did ADEQ meet the approval criteria?

    EPA granted final interim approval for the Arkansas Operating 
Permit Program under Part 70 in a rulemaking published September 8, 
1995. 60 FR 46771. In the Federal Register notice proposing interim 
approval of the Arkansas Operating Permit Program, EPA discussed the 
delegation of unchanged Part 63 standards as they apply to Part 70 
sources and noted that Arkansas plans to use the mechanism of 
incorporation by reference to adopt unchanged Part 63 standards into 
its regulations. 59 FR 47828, 47830 (September 19, 1994). In an October 
9, 2001 rulemaking, EPA took final action to fully approve the Arkansas 
Operating Permit Program. 66 FR 51312. In accordance with 40 CFR 
63.91(d), the up-front approval criteria for delegation of unchanged 
Part 63 standards as requested by ADEQ have been met. However, EPA's 
October 9, 2001 Federal Register notice failed to discuss the mechanism 
associated with delegation of the Part 63 standards for sources subject 
to the Part 70 program. As discussed above, sources subject to the Part 
70 program are those sources that are operating pursuant to a Part 70 
permit issued by the State, local agency or EPA. Sources not subject to 
the Part 70 program are those sources that are not required to obtain a 
Part 70 permit from either the State, local agency or EPA (see 40 CFR 
70.3); e.g., exempted area sources. As stated above, the CAA section 
112(l) requirements for approval of the Arkansas' program for straight 
delegation were satisfied when EPA granted approval of the Arkansas 
Operating Permit Program. EPA's approval also met the up-front criteria 
set forth in 40 CFR 63.91(d).
    Since ADEQ intends to implement and enforce unchanged Part 63 
standards (``straight delegation'') through its EPA-approved Title V 
Operating Permit Program, there are several issues which need to be 
separately addressed and resolved in order to ensure the requirements 
for delegation under CAA section 112(l) and 40 CFR Part 63, Subpart E 
are met. See also 65 FR 55813 (September 14, 2000). EPA believes all 
such issues have been addressed in the MOA, dated September 17, 2014, 
executed by ADEQ and EPA, a copy of which has been included in the 
docket for this rulemaking. ADEQ will implement and enforce Part 63 
standards applicable to Title V sources required to obtain a Part 70 
permit by including the applicable

[[Page 67075]]

Part 63 standards in Title V operating permits, in accordance with the 
procedures set forth in the MOA. The permit must be effective prior to 
the first substantial compliance date for all future new and revised 
Part 63 standards, unless ADEQ has notified EPA in advance that it does 
not intend to accept delegation for implementation or enforcement, as 
discussed in the MOA referenced above. Adequate resources will be 
obtained through monies from the State's Title V program that can be 
used to fund acceptable Title V activities. Upon promulgation of a new 
or revised Part 63 standard, ADEQ will immediately begin activities 
necessary for timely implementation of the standard. These activities 
will involve identifying sources subject to the applicable requirements 
and notifying these sources of the applicable requirements. Nothing in 
the Arkansas program for straight delegation is contrary to Federal 
guidance.

VI. How are sources subject to certain listed standards going to be 
handled since ADEQ did not accept delegation of these standards?

    In its June 7, 2010, request for delegation of authority and 
approval of the mechanism used to implement and enforce the delegated 
Part 63 standards, ADEQ noted that it was not requesting delegation of 
Part 63 standards for area sources not required to obtain a Title V 
(Part 70) permit. ADEQ also noted that it was not requesting delegation 
of the accidental release requirements under CAA section 112(r). Since 
ADEQ is not accepting delegation of these standards, EPA will be the 
primary enforcement authority for those standards. However, these 
undelegated Part 63 standards remain requirements of the sources 
subject to these standards; therefore, ADEQ must ensure that the Part 
63 standard is included in the appropriate federally-enforceable permit 
for subject sources, and sources subject to these standards must 
continue to comply with their requirements.

VII. What is being delegated?

    By letter dated July 7, 2010, ADEQ requested EPA delegate certain 
Part 63 standards. ADEQ is requesting delegation and approval to 
implement and enforce the existing Part 63 standards as they apply to 
Part 70 sources, including major and area sources subject to the Title 
V (Part 70) permitting requirements. More specifically, ADEQ's request 
included the Part 63 standards set forth in the MOA included in the 
docket for this rulemaking. See Docket No. EPA-R06-OAR-2012-0765.

VIII. What is not being delegated?

    ADEQ has not requested, nor does this rulemaking approve, any 
delegation of those Part 63 standards that apply to area sources which 
do not require a Title V (Part 70) permit. In addition, EPA cannot 
delegate to a State any of the Category II authorities set forth in 40 
CFR 63.91(g) (2). These include the following provisions: Sec.  
63.6(g), Approval of Alternative Non-Opacity Standards; Sec.  
63.6(h)(9), Approval of Alternative Opacity Standards; Sec.  
63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; 
Sec.  63.8(f), Approval of Major Alternatives to Monitoring; and Sec.  
63.10(f), Approval of Major Alternatives to Recordkeeping and 
Reporting. In addition, some Part 63 standards have certain provisions 
that cannot be delegated to the States. Therefore, any Part 63 standard 
that EPA is delegating to ADEQ that provides that certain authorities 
cannot be delegated are retained by EPA and not delegated. Furthermore, 
no authorities are delegated that require rulemaking in the Federal 
Register to implement, or where Federal overview is the only way to 
ensure national consistency in the application of the standards or 
requirements of CAA section 112. Finally, CAA section 112(r), the 
accidental release program authority, is not being delegated by this 
approval. All of the inquiries and requests concerning implementation 
and enforcement of the excluded standards in the State of Arkansas 
should be directed to the EPA Region 6 Office.

IX. How will applicability determinations under section 112 be made?

    In approving this delegation, the State will obtain concurrence 
from EPA on any matter involving the interpretation of section 112 of 
the Clean Air Act or 40 CFR Part 63 to the extent that implementation, 
administration, or enforcement of those provisions are not covered by 
current EPA determinations or guidance.

X. What information must ADEQ provide to EPA?

    ADEQ must provide any additional compliance related information to 
EPA, Region 6, Office of Enforcement and Compliance Assurance within 45 
days of a request under 40 CFR 63.96(a).
    In receiving delegation for specific General Provisions 
authorities, ADEQ must submit to EPA Region 6, on a semi-annual basis, 
copies of determinations issued under these authorities. For Part 63 
standards, these determinations include: Section 63.1, Applicability 
Determinations; Section 63.6(e), Operation and Maintenance 
Requirements--Responsibility for Determining Compliance; Section 
63.6(f), Compliance with Non-Opacity Standards--Responsibility for 
Determining Compliance; Section 63.6(h), Compliance with Opacity and 
Visible Emissions Standards--Responsibility for Determining Compliance; 
Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans; 
Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods; 
Section 63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives 
to Test Methods; Section 63.7(e)(iii), Approval of Shorter Sampling 
Times and Volumes When Necessitated by Process Variables or Other 
Factors; Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of 
Performance Testing; Sections 63.8(c)(1) and (e)(1), Approval of Site-
Specific Performance Evaluation (Monitoring) Test Plans; Section 
63.8(f), Approval of Minor Alternatives to Monitoring; Section 63.8(f), 
Approval of Intermediate Alternatives to Monitoring; Section 63.9 and 
63.10, Approval of Adjustments to Time Periods for Submitting Reports; 
Section 63.10(f), Approval of Minor Alternatives to Recordkeeping and 
Reporting; Section 63.7(a)(4), Extension of Performance Test Deadline.

XI. Should sources submit notices to EPA or ADEQ?

    For the delegated Part 63 standards, all of the information 
required pursuant to the general provisions and the relevant subpart of 
the Federal NESHAP (40 CFR Part 63) should be submitted directly to the 
ADEQ at the following address: Air Division, Arkansas Department of 
Environmental Quality, 5301 Northshore Drive, North Little Rock, 
Arkansas 72118-5317. The ADEQ is the primary point of contact with 
respect to delegated Part 63 standards. Sources do not need to send a 
copy to EPA. EPA Region 6 waives the requirement that notifications and 
reports for delegated standards be submitted to EPA in addition to ADEQ 
in accordance with 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii). For those 
standards that are not delegated, sources must continue to submit all 
appropriate information to EPA.

XII. How will unchanged authorities be delegated to ADEQ in the future?

    Following the effective date of this delegation, ADEQ will only 
need to periodically submit a written request to EPA, Region 6, to 
update its approval of the delegation of authority to implement and 
enforce new or revised Part 63

[[Page 67076]]

standards through its approved Title V permitting program. In such 
request, ADEQ will reference the previous up-front approval 
demonstration and reaffirm that it still meets the up-front approval 
criteria. EPA will respond in writing to the request and take action in 
the Federal Register to inform the public and affected sources of EPA's 
decision and to update 40 CFR 63.99(a)(4), amending the Arkansas table 
of delegated Part 63 standards being implemented and enforced by ADEQ.

XIII. What is today's final action?

    Because ADEQ's June 7, 2010, request and the associated MOA meet 
all requirements of CAA section 112(l) and 40 CFR 63.91, EPA is 
promulgating final approval of ADEQ's request for the delegation and 
approval of the mechanism used to implement and enforce certain Part 63 
standards applicable to sources required to obtain a Title V (Part 70) 
permit, as more specifically set forth in the MOA, dated September 17, 
2014. After the effective date of this document and the issuance of the 
appropriate permit, the implementation and enforcement of certain 
existing Part 63 standards (except for CAA section 112(r) requirements) 
which have been incorporated into the source's Title V permit may be 
carried out by ADEQ in accordance with this delegation and the MOA. As 
for the Part 63 standards which have not yet been incorporated into 
permits, ADEQ's authority to implement and enforce these standards 
becomes effective after the effective date of this action and the 
issuance of the appropriate federally-enforceable permit containing 
those standards. ADEQ's authority to implement and enforce new and 
revised Part 63 standards will become effective according to the 
procedures outlined in the MOA, a copy of which is included in the 
docket for this rulemaking.
    Effective immediately, all notifications, reports and other 
correspondence required under the delegated Part 63 standards should be 
sent to the State of Arkansas after the permit incorporating those 
standards has been issued. Affected sources should send this 
information to: Arkansas Department of Environmental Quality, Air 
Division, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317
    EPA is publishing this action without prior proposal because we 
view this as a non-controversial action and anticipate no adverse 
comments. However, in a separate document in this Federal Register 
publication, EPA is proposing to approve the requested delegation 
should relevant adverse comments be received. This action will be 
effective without further notice unless EPA receives relevant adverse 
comment by December 12, 2014. Should EPA receive such adverse comments, 
we will publish a final rule informing the public that this action will 
not take effect. Any parties interested in commenting on this action 
should do so at this time. If no such comments are received, the public 
is advised that this action will be effective on January 12, 2015.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to the 
approved delegation. Each request for revision to the approved 
delegation shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.

XIV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and 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 State law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). 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 state request 
to receive delegation of certain Federal standards, and does not alter 
the relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This rule also is not subject to 
Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not 
economically significant.
    In reviewing delegation submissions, EPA's role is to approve 
submissions provided that they meet the criteria of the Clean Air Act. 
In this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a request for delegation of section 112 standards for 
failure to use VCS. It would thus be inconsistent with applicable law 
for EPA to use VCS in place of a delegation submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) 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.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 12, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of

[[Page 67077]]

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, Air pollution control, Hazardous 
substances, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: October 14, 2014.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 63 is amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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 adding paragraph (a)(4) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (4) Arkansas. (i) The following table lists the specific Part 63 
standards that have been delegated unchanged to the Arkansas Department 
of Environmental Quality (hereinafter ``ADEQ'') for all sources subject 
to the Part 70 program. The ``X'' symbol is used to indicate each 
subpart that has been delegated. The delegations are subject to all of 
the conditions and limitations set forth in Federal law, regulations, 
policy, guidance, determinations, and the Memorandum of Agreement, 
dated September 17, 2014, entered into between the ADEQ and the U.S. 
Environmental Protection Agency, Region 6 (hereinafter ``EPA'') 
regarding section 112, Clean Air Act Implementation. Some authorities 
cannot be delegated and are retained by EPA. These include certain 
General Provisions authorities and specific parts of some standards. 
ADEQ's authority to implement and enforce a delegated Part 63 standard 
is effective when the standard is incorporated into the source's Title 
V (Part 70) Operating Permit.

     Delegation Status for Part 63 Standards--State of Arkansas \1\
------------------------------------------------------------------------
          Subpart                  Source category           ADEQ \2\
------------------------------------------------------------------------
A..........................  General Provisions........               X
F..........................  Hazardous Organic NESHAP                 X
                              (HON)--Synthetic Organic
                              Chemical Manufacturing
                              Industry (SOCMI).
G..........................  HON--SOCMI Process Vents,                X
                              Storage Vessels, Transfer
                              Operations and Wastewater.
H..........................  HON--Equipment Leaks......               X
I..........................  HON--Certain Processes                   X
                              Negotiated Equipment Leak
                              Regulation.
J..........................  Polyvinyl Chloride and               (\3\)
                              Copolymers Production.
K..........................  (Reserved)................  ...............
L..........................  Coke Oven Batteries.......               X
M..........................  Perchloroethylene Dry                    X
                              Cleaning.
N..........................  Chromium Electroplating                  X
                              and Chromium Anodizing
                              Tanks.
O..........................  Ethylene Oxide Sterilizers               X
P..........................  (Reserved)................  ...............
Q..........................  Industrial Process Cooling               X
                              Towers.
R..........................  Gasoline Distribution.....               X
S..........................  Pulp and Paper Industry...               X
T..........................  Halogenated Solvent                      X
                              Cleaning.
U..........................  Group I Polymers and                     X
                              Resins.
V..........................  (Reserved)................  ...............
W..........................  Epoxy Resins Production                  X
                              and Non-Nylon Polyamides
                              Production.
X..........................  Secondary Lead Smelting...               X
Y..........................  Marine Tank Vessel Loading               X
Z..........................  (Reserved)................  ...............
AA.........................  Phosphoric Acid                          X
                              Manufacturing Plants.
BB.........................  Phosphate Fertilizers                    X
                              Production Plants.
CC.........................  Petroleum Refineries......               X
DD.........................  Off-Site Waste and                       X
                              Recovery Operations.
EE.........................  Magnetic Tape                            X
                              Manufacturing.
FF.........................  (Reserved)................  ...............
GG.........................  Aerospace Manufacturing                  X
                              and Rework Facilities.
HH.........................  Oil and Natural Gas                      X
                              Production Facilities.
II.........................  Shipbuilding and Ship                    X
                              Repair Facilities.
JJ.........................  Wood Furniture                           X
                              Manufacturing Operations.
KK.........................  Printing and Publishing                  X
                              Industry.
LL.........................  Primary Aluminum Reduction               X
                              Plants.
MM.........................  Chemical Recovery                        X
                              Combustion Sources at
                              Kraft, Soda, Sulfide, and
                              Stand-Alone Semichemical
                              Pulp Mills.
NN.........................  (Reserved)................  ...............
OO.........................  Tanks-Level 1.............               X
PP.........................  Containers................               X
QQ.........................  Surface Impoundments......               X
RR.........................  Individual Drain Systems..               X
SS.........................  Closed Vent Systems,                     X
                              Control Devices, Recovery
                              Devices and Routing to a
                              Fuel Gas System or a
                              Process.
TT.........................  Equipment Leaks--Control                 X
                              Level 1.
UU.........................  Equipment Leaks--Control                 X
                              Level 2 Standards.
VV.........................  Oil--Water Separators and                X
                              Organic--Water Separators.
WW.........................  Storage Vessels (Tanks)--                X
                              Control Level 2.
XX.........................  Ethylene Manufacturing                   X
                              Process Units Heat
                              Exchange Systems and
                              Waste Operations.

[[Page 67078]]

 
YY.........................  Generic Maximum Achievable               X
                              Control Technology
                              Standards.
ZZ-BBB.....................  (Reserved)................  ...............
CCC........................  Steel Pickling--HCI                      X
                              Process Facilities and
                              Hydrochloric Acid
                              Regeneration.
DDD........................  Mineral Wool Production...               X
EEE........................  Hazardous Waste Combustors               X
FFF........................  (Reserved)................  ...............
GGG........................  Pharmaceuticals Production               X
HHH........................  Natural Gas Transmission                 X
                              and Storage Facilities.
III........................  Flexible Polyurethane Foam               X
                              Production.
JJJ........................  Group IV Polymers and                    X
                              Resins.
KKK........................  (Reserved)................  ...............
LLL........................  Portland Cement                          X
                              Manufacturing.
MMM........................  Pesticide Active                         X
                              Ingredient Production.
NNN........................  Wool Fiberglass                          X
                              Manufacturing.
OOO........................  Amino/Phenolic Resins.....               X
PPP........................  Polyether Polyols                        X
                              Production.
QQQ........................  Primary Copper Smelting...               X
RRR........................  Secondary Aluminum                       X
                              Production.
SSS........................  (Reserved)................  ...............
TTT........................  Primary Lead Smelting.....               X
UUU........................  Petroleum Refineries--                   X
                              Catalytic Cracking Units,
                              Catalytic Reforming Units
                              and Sulfur Recovery
                              Plants.
VVV........................  Publicly Owned Treatment                 X
                              Works (POTW).
WWW........................  (Reserved)................  ...............
XXX........................  Ferroalloys Production:                  X
                              Ferromanganese and
                              Silicomanganese.
AAAA.......................  Municipal Solid Waste                    X
                              Landfills.
CCCC.......................  Nutritional Yeast                        X
                              Manufacturing.
DDDD.......................  Plywood and Composite Wood           \4\ X
                              Products.
EEEE.......................  Organic Liquids                          X
                              Distribution.
FFFF.......................  Misc. Organic Chemical                   X
                              Production and Processes
                              (MON).
GGGG.......................  Solvent Extraction for                   X
                              Vegetable Oil Production.
HHHH.......................  Wet Formed Fiberglass Mat                X
                              Production.
IIII.......................  Auto & Light Duty Truck                  X
                              (Surface Coating).
JJJJ.......................  Paper and other Web                      X
                              (Surface Coating).
KKKK.......................  Metal Can (Surface                       X
                              Coating).
MMMM.......................  Misc. Metal Parts and                    X
                              Products (Surface
                              Coating).
NNNN.......................  Surface Coating of Large                 X
                              Appliances.
OOOO.......................  Fabric Printing Coating                  X
                              and Dyeing.
PPPP.......................  Surface Coating of Plastic               X
                              Parts and Products.
QQQQ.......................  Surface Coating of Wood                  X
                              Building Products.
RRRR.......................  Surface Coating of Metal                 X
                              Furniture.
SSSS.......................  Surface Coating of Metal                 X
                              Coil.
TTTT.......................  Leather Finishing                        X
                              Operations.
UUUU.......................  Cellulose Products                       X
                              Manufacturing.
VVVV.......................  Boat Manufacturing........               X
WWWW.......................  Reinforced Plastic                       X
                              Composites Production.
XXXX.......................  Rubber Tire Manufacturing.               X
YYYY.......................  Stationary Combustion                    X
                              Turbines.
ZZZZ.......................  Reciprocating Internal                   X
                              Combustion Engines (RICE).
AAAAA......................  Lime Manufacturing Plants.               X
BBBBB......................  Semiconductor                            X
                              Manufacturing.
CCCCC......................  Coke Ovens: Pushing,                     X
                              Quenching and Battery
                              Stacks.
DDDDD......................  Industrial/Commercial/               \5\ X
                              Institutional Boilers and
                              Process Heaters.
EEEEE......................  Iron and Steel Foundries..               X
FFFFF......................  Integrated Iron and Steel.               X
GGGGG......................  Site Remediation..........               X
HHHHH......................  Miscellaneous Coating                    X
                              Manufacturing.
IIIII......................  Mercury Cell Chlor-Alkali                X
                              Plants.
JJJJJ......................  Brick and Structural Clay            (\6\)
                              Products Manufacturing.
KKKKK......................  Clay Ceramics                        (\6\)
                              Manufacturing.
LLLLL......................  Asphalt Roofing and                      X
                              Processing.
MMMMM......................  Flexible Polyurethane Foam               X
                              Fabrication Operation.
NNNNN......................  Hydrochloric Acid                        X
                              Production, Fumed Silica
                              Production.
OOOOO......................  (Reserved)................  ...............
PPPPP......................  Engine Test Facilities....               X
QQQQQ......................  Friction Products                        X
                              Manufacturing.
RRRRR......................  Taconite Iron Ore                        X
                              Processing.
SSSSS......................  Refractory Products                      X
                              Manufacture.
TTTTT......................  Primary Magnesium Refining               X
UUUUU......................  Coal and Oil-Fired                   \7\ X
                              Electric Utility Steam
                              Generating Units.
VVVVV......................  (Reserved)................  ...............
WWWWW......................  Hospital Ethylene Oxide     ...............
                              Sterilizers.
XXXXX......................  (Reserved)................  ...............

[[Page 67079]]

 
YYYYY......................  Electric Arc Furnace                     X
                              Steelmaking Area Sources.
ZZZZZ......................  Iron and Steel Foundries    ...............
                              Area Sources.
AAAAAA.....................  (Reserved)................  ...............
BBBBBB.....................  Gasoline Distribution Bulk  ...............
                              Terminals, Bulk Plants,
                              and Pipeline Facilities.
CCCCCC.....................  Gasoline Dispensing         ...............
                              Facilities.
DDDDDD.....................  Polyvinyl Chloride and      ...............
                              Copolymers Production
                              Area Sources.
EEEEEE.....................  Primary Copper Smelting                  X
                              Area Sources.
FFFFFF.....................  Secondary Copper Smelting                X
                              Area Sources.
GGGGGG.....................  Primary Nonferrous Metals                X
                              Area Sources: Zinc,
                              Cadmium, and Beryllium.
HHHHHH.....................  Paint Stripping and         ...............
                              Miscellaneous Surface
                              Coating Operations at
                              Area Sources.
IIIIII.....................  (Reserved)................  ...............
JJJJJJ.....................  Industrial, Commercial,     ...............
                              and Institutional
                              Boilers: Area Sources.
KKKKKK.....................  (Reserved)................  ...............
LLLLLL.....................  Acrylic and Modacrylic      ...............
                              Fibers Production Area
                              Sources.
MMMMMM.....................  Carbon Black Production                  X
                              Area Sources.
NNNNNN.....................  Chemical Manufacturing                   X
                              Area Sources: Chromium
                              Compounds.
OOOOOO.....................  Flexible Polyurethane Foam  ...............
                              Production and
                              Fabrication Area Sources.
PPPPPP.....................  Lead Acid Battery           ...............
                              Manufacturing Area
                              Sources.
QQQQQQ.....................  Wood Preserving Area        ...............
                              Sources.
RRRRRR.....................  Clay Ceramics               ...............
                              Manufacturing Area
                              Sources.
SSSSSS.....................  Glass Manufacturing Area                 X
                              Sources.
TTTTTT.....................  Secondary Nonferrous        ...............
                              Metals Processing Area
                              Sources.
UUUUUU.....................  (Reserved)................  ...............
VVVVVV.....................  Chemical Manufacturing                   X
                              Area Sources.
WWWWWW.....................  Plating and Polishing       ...............
                              Operations Area Sources.
XXXXXX.....................  Nine Metal Fabrication and  ...............
                              Finishing Categories Area
                              Sources.
YYYYYY.....................  Ferroalloys Production      ...............
                              Facilities Area Sources.
ZZZZZZ.....................  Aluminum, Copper, and       ...............
                              Other Nonferrous
                              Foundries Area Sources.
AAAAAAA....................  Asphalt Processing and      ...............
                              Asphalt Roofing
                              Manufacturing Area
                              Sources.
BBBBBBB....................  Chemical Preparations       ...............
                              Industry Area Sources.
CCCCCCC....................  Paints and Allied Products  ...............
                              Manufacturing Area
                              Sources.
DDDDDDD....................  Prepared Feeds              ...............
                              Manufacturing Area
                              Sources.
EEEEEEE....................  Gold Mine Ore Processing    ...............
                              and Production Area
                              Sources.
FFFFFFF....................  Reserved..................  ...............
GGGGGGG....................  Reserved..................  ...............
HHHHHHH....................  Polyvinyl Chloride and                   X
                              Copolymers Production.
------------------------------------------------------------------------
\1\ Program delegated to Arkansas Department of Environmental Quality
  (ADEQ).
\2\ Authorities which may not be delegated include: Sec.   63.6(g),
  Approval of Alternative Non-Opacity Emission Standards; Sec.
  63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
  63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
  Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and
  Reporting; and all authorities identified in the subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.
\3\ This subpart was vacated and remanded to EPA by the United States
  Court of Appeals for the District of Columbia Circuit. See, Mossville
  Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004).
  Because of the DC Court's holding, this subpart is not delegated to
  ADEQ at this time
\4\ This subpart was issued a partial vacatur on October 29, 2007 (72 FR
  61060) by the United States Court of Appeals for the District of
  Columbia Circuit.
\5\ Final rule. See 78 FR 7138 (January 31, 2013).
\6\ This subpart was vacated and remanded to EPA by the United States
  Court of Appeals for the District of Columbia Circuit. See, Sierra
  Club v. EPA, 479 F. 3d 875 (D.C. Cir. 2007). Because of the DC Court's
  holding, this subpart is not delegated to ADEQ at this time.
\7\ Initial Final Rule. See 77 FR 9304 (February 16, 2012). Final on
  reconsideration of certain new source issues. See 78 FR 24073 (April
  24, 2013). Portions of this subpart are in proposed reconsideration
  pending final action. See 78 FR 38001 (June 25, 2013).

    (ii) [Reserved]
* * * * *
[FR Doc. 2014-25948 Filed 11-10-14; 8:45 am]
BILLING CODE 6560-50-P