On January 12, 2004, EPA granted delegation to NDEPBAPC for these NESHAPs. EPA also delegated to NDEPBAPC any amendments to previously delegated NESHAPs, as of July 1, 2000. Today's action is serving to notify the public of the January 12, 2004, delegation and to codify these delegations into the Code of Federal Regulations.

NDEPBAPC 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 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). Similarly, when promulgating the regulations implementing section 112(j), EPA stated its belief that ``section 112(l) approvals do not have a great deal of overlap with the section 112(j) provision, because section 112(j) is designed to use the title V permit process as the primary vehicle for establishing requirements'' (see 59 FR 26447). Therefore, State or local agencies implementing the requirements under sections 112(g) and 112(j) do not need approval under section 112(l). As a result, EPA is not taking action to delegate 40 CFR Part 63, Subpart B, to NDEPBAPC. II. EPA Action

Today's document serves to notify the public that on January 12, 2004, EPA granted to NDEPBAPC delegation for the NESHAPs listed above, as well as any amendments to previouslydelegated NESHAPs as of July 1, 2000. Today's action will codify these delegations into the Code of Federal Regulations.

III. 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 updates the list of approved delegations in the Code of Federal Regulations and imposes no additional requirements. 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 does not impose any additional enforceable duty, 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. 1044). 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 updates the list of alreadyapproved delegations, 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, ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not economically significant.

In reviewing State delegation submissions, our role is to approve State choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), we have no authority to disapprove State submissions for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews State submissions, to use VCS in place of State submissions that otherwise satisfy the provisions of the CAA. 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 United States Senate, the United States House of Representatives, and the Comptroller General of the United States prior to publication of this 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 August 6, 2004. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)).
[[Page 31744]]

List of Subjects in 40 CFR Part 63

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

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

Dated: May 18, 2004.
Deborah Jordan,
Director, Air Division, Region IX.
Title 40, chapter I, part 63 of the Code of Federal Regulations 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 EApproval of State Programs and Delegation of Federal Authorities
2. Section 63.99 is amended by revising paragraph (a)(28)(i) to read as follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(28) * * *
(i) The following table lists the specific part 63 standards that have been delegated unchanged to the air pollution control agencies in the State of Nevada. The (X) symbol is used to indicate each category that has been delegated.
Delegation Status for Part 63 StandardsNevada Subpart Description NDEP \1\ WCAQMD \2\ CCDAQM \3\ A........................... General Provisions.............. X X F........................... Synthetic Organic Chemical X Manufacturing Industry.
G........................... Synthetic Organic Chemical X Manufacturing Industry: Process Vents, Storage Vessels,
Transfer Operations, and
Wastewater.
H........................... Organic Hazardous Air X Pollutants: Equipment Leaks. I........................... Organic Hazardous Air X Pollutants: Certain Processes Subject to the Negotiated
Regulation for Equipment Leaks. L........................... Coke Oven Batteries............. X M........................... Perchloroethylene Dry Cleaning.. X X N........................... Hard and Decorative Chromium X X Electroplating and Chromium
Anodizing Tanks.
O........................... Ethylene Oxide Sterilization X X Facilities.
Q........................... Industrial Process Cooling X Towers.
R........................... Gasoline Distribution Facilities X X S........................... Pulp and Paper.................. X T........................... Halogenated Solvent Cleaning.... X X U........................... Group I Polymers and Resins..... X W........................... Epoxy Resins Production and Non X Nylon Polyamides Production. X........................... Secondary Lead Smelting......... X Y........................... Marine Tank Vessel Loading X Operations.
AA.......................... Phosphoric Acid Manufacturing X Plants.
BB.......................... Phosphate Fertilizers Production X Plants.
CC.......................... Petroleum Refineries............ X DD.......................... OffSite Waste and Recovery X Operations.
EE.......................... Magnetic Tape Manufacturing X Operations.
GG.......................... Aerospace Manufacturing and X Rework Facilities.
HH.......................... Oil and Natural Gas Production X Facilities.
II.......................... Shipbuilding and Ship Repair X (Surface Coating).
JJ.......................... Wood Furniture Manufacturing X Operations.
KK.......................... Printing and Publishing Industry X X LL.......................... Primary Aluminum Reduction X Plants.
OO.......................... TanksLevel 1.................. X PP.......................... Containers...................... X QQ.......................... Surface Impoundments............ X RR.......................... Individual Drain Systems........ X SS.......................... Closed Vent Systems, Control X Devices, Recovery Devices and Routing to a Fuel Gas System or a Process.
TT.......................... Equipment LeaksControl Level 1 X UU.......................... Equipment LeaksControl Level 2 X VV.......................... OilWater Separators and Organic X Water Separators.
WW.......................... Storage Vessels (Tanks)Control X Level 2.
YY.......................... Generic MACT Standards.......... X CCC......................... Steel Pickling.................. X DDD......................... Mineral Wool Production......... X EEE......................... Hazardous Waste Combustors...... X GGG......................... Pharmaceuticals Production...... X HHH......................... Natural Gas Transmission and X Storage Facilities.
III......................... Flexible Polyurethane Foam X Production.
JJJ......................... Group IV Polymers and Resins.... X LLL......................... Portland Cement Manufacturing X Industry.
MMM......................... Pesticide Active Ingredient X Production.
NNN......................... Wool Fiberglass Manufacturing... X [[Page 31745]]
OOO......................... Manufacture of Amino/Phenolic X Resins.
\1\ Nevada Division of Environmental Protection.
\2\ Washoe County Air Quality Management Division.
\3\ Clark County Department of Air Quality Management.
* * * * *
[FR Doc. 0412773 Filed 6404; 8:45 am]
BILLING CODE 656050P

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