[Federal Register Volume 69, Number 149 (Wednesday, August 4, 2004)]
[Rules and Regulations]
[Pages 47001-47005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17778]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2003-0014; FRL-7797-6]
RIN 2060-AM29
National Emission Standards for Hazardous Air Pollutants:
Printing, Coating, and Dyeing of Fabrics and Other Textiles
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; amendment.
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SUMMARY: On May 29, 2003 (68 FR 32172), EPA issued national emission
standards for hazardous air pollutants for printing, coating, and
dyeing of fabrics and other textiles (Fabric NESHAP) under section 112
of the Clean Air Act (CAA). This action amends the standards to clarify
the applicability of the Fabric NESHAP to coating, slashing, dyeing, or
finishing operations at synthetic fiber manufacturing facilities where
the fibers are the final product of the facility. The printing,
coating, and dyeing of fabrics and other textiles source category does
not include any synthetic fiber manufacturing operations, and we did
not intend to impose any requirements on such operations in the final
Fabric NESHAP. We are making the amendment by direct final rule,
without prior proposal, because we view the revision as
noncontroversial and anticipate no adverse comments.
DATES: The direct final rule is effective on October 4, 2004 without
further notice, unless EPA receives relevant adverse written comment by
September 3, 2004 or if a public hearing is requested by August 16,
2004. If EPA receives such comments, it will publish a timely
withdrawal in the Federal Register indicating which provisions will
become effective and which provisions are being withdrawn due to
adverse comment. The EPA will then proceed to take final action on the
parallel proposed rule appearing in the Proposed Rule section of this
Federal Register.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
OAR-2003-0014 (formerly Docket No. A-97-51), by one of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: http://www.epa.gov/edocket and
[email protected]
Fax: (202) 566-1741 and (919) 541-5689.
Mail: U.S. Postal Service, send comments to: HQ EPA Docket
Center (6102T), Attention Docket Number OAR-2003-0014, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. (Please include a total
of 2 copies.)
Hand Delivery: In person or by courier, deliver comments
to: HQ EPA Docket Center (6102T), Attention Docket ID Number OAR-2003-
0014, 1301 Constitution Avenue, NW., Room B-108, Washington, DC 20460.
(Please include a total of 2 copies.)
We request that a separate copy of each public comment also be sent
to the contact person listed below (see FOR FURTHER INFORMATION
CONTACT).
Instructions: Direct your comments to Docket ID No. OAR-2003-0014.
The 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.epa.gov/edocket, 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 that you consider to
be CBI or other wise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov websites are
``anonymous access'' systems, 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 e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the
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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 and with any disk or CD-ROM you submit. 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. (For additional
information about EPA's public docket visit EDOCKET on-line or see the
Federal Register of May 31, 2002 (67 FR 38102). For additional
instructions on submitting comments, go to Unit I.B. of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy at the HQ EPA Docket Center, Docket ID Number OAR-2003-0014, EPA
West, Room B102, 1301 Constitution Avenue, NW., Washington, DC 20460.
This docket facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The Docket telephone number
is (202) 566-1742. 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.
FOR FURTHER INFORMATION CONTACT: Mr. Paul Almod[oacute]var, Coatings
and Consumer Products Group (C539-03), Emission Standards Division,
U.S. EPA, Research Triangle Park, NC 27711; telephone number (919) 541-
0283; facsimile number (919) 541-5689; electronic mail (e-mail)
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
The source category definition includes sources that engage in the
coating, printing, slashing, dyeing, or finishing of any fabric or
other textile. In general, such sources are covered under the North
American Industrial Classification System (NAICS) codes listed below.
However, sources classified under other NAICS codes may be subject to
the final standards if they meet the applicability criteria. Not all
sources classified under the NAICS codes in the following table are
subject to the final rule because some of the classifications cover
products outside the scope of the Fabric NESHAP.
Categories and entities potentially regulated by this action
include:
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Category NAICS code Examples of regulated entities
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Industry................................. 31321 Broadwoven fabric mills.
31322 Narrow fabric mills and Schiffli machine embroidery.
313241 Weft knit fabric mills.
313311 Broadwoven fabric finishing mills.
313312 Textile and fabric finishing (except broadwoven fabric) mills.
313320 Fabric coating mills.
314110 Carpet and rug mills.
326220 Rubber and plastics hoses and belting and manufacturing.
339991 Gasket, packing, and sealing device manufacturing.
Federal government....................... ........... Not affected.
State/local/tribal government............ ........... Not affected.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your operation is regulated by this
action, you should examine the applicability criteria of the final rule
(Sec. 63.4281). If you have any questions regarding the applicability
of this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
cleimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow direction--The Agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
3. Docket Copying Costs. A reasonable fee may be charged for
copying docket materials.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the direct final rule will also be available on
the WWW through EPA's Technology Transfer Network (TTN). Following
signature by the EPA Administrator, a copy of the
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direct final rule will be posted on the TTN's policy and guidance page
for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg/. The TTN provides information and technology exchange in various
areas of air pollution control. If more information regarding the TTN
is needed, call the TTN HELP line at (919) 541-5384.
Comments. We are publishing the direct final rule without prior
proposal because we view the amendment as noncontroversial and do not
anticipate adverse comments. We consider the changes to be
noncontroversial because the only effect is to clarify that the Fabric
NESHAP does not apply to coating, slashing, dyeing, or finishing
operations at synthetic fiber manufacturing facilities where the fibers
are the final product of the facility. As discussed in detail below,
this was our intent when publishing the original final rule. In the
Proposed Rules section of this Federal Register, we are publishing a
separate document that will serve as the proposal in the event that
timely and significant adverse comments are received.
If we receive any relevant adverse comments on the proposed
amendment, we will publish a timely withdrawal in the Federal Register
informing the public which provisions will become effective and which
provisions are being withdrawn due to adverse comment. We will address
all public comments in a subsequent final rule based on the proposed
rule. Any of the distinct amendment in the direct final rule for which
we do not receive adverse comment will become effective on the date set
out above. We will not institute a second comment period on the direct
final rule. Any parties interested in commenting must do so at this
time.
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of the direct final rule is available only by filing a petition
for review in the U.S. Court of Appeals for the District of Columbia
Circuit by October 4, 2004. Under section 307(d)(7)(B) of the CAA, only
an objection to the direct final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Moreover, under section 307(b)(2) of the CAA, the
requirements established by the direct final rule may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.
Outline. The following outline is provided to aid in reading the
preamble to the direct final rule.
I. Background
II. Technical Amendment to the Fabric NESHAP
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Congressional Review Act
I. Background
On May 29, 2003 (68 FR 32172), EPA issued the Fabric NESHAP under
section 112 of the CAA. In response to public comments from the
American Fiber Manufacturers Association and two other commenters on
the proposed Fabric NESHAP (67 FR 46028, July 11, 2002), we attempted
to make clear in the final rule that coating, slashing, dyeing, and
finishing operations that are part of a synthetic fiber manufacturing
process at a facility where the fibers are the final product are not
subject to the requirements of the Fabric NESHAP. We intended for this
exclusion to be unambiguous. However, the inclusion of language
referencing the affected sources of 40 CFR part 63, subparts JJJ
(NESHAP: Group IV Polymers and Resins) and F (NESHAP: Synthetic Organic
Chemical Manufacturing Industry), in Sec. 63.4281(d)(3) created an
ambiguity in this regard. The printing, coating and dyeing of fabrics
and other textiles source category does not include any synthetic fiber
manufacturing operations, and we did not intend to impose any
requirements on such operations in the Fabric NESHAP. Hazardous air
pollutant emissions from finishing steps such as coating, slashing,
dyeing, and finishing operations in the synthetic fiber manufacturing
process were addressed during the development of 40 CFR part 63,
subparts JJJ and F and, therefore, were intentionally not included in
the Fabric NESHAP.
II. Technical Amendment to the Fabric NESHAP
The direct final rule amendment corrects Sec. 63.4281(d)(3) by
removing the reference to the affected sources of 40 CFR part 63,
subparts JJJ and F, in order to make it clear that the requirements of
the final Fabric NESHAP do not apply to coating, slashing, dyeing, or
finishing operations at synthetic fiber manufacturing facilities where
the fibers are the final product of the facility.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The Executive Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that the amendment is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Paperwork Reduction Act
The action does not impose any new information collection burden.
Today's action consists primarily of clarifications to the final rule
that impose no new information collection requirements on industry or
EPA. For that reason, we have not revised the ICR for the existing
rule. However, OMB has previously approved the information collection
requirements contained in the existing (68 FR 32172, May 29, 2003)
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et
seq and has assigned OMB control number 2060-0522, EPA information
collection request (ICR) number 2071.02. A copy of the OMB approved ICR
may be obtained from Susan Auby, Collection Strategies Division
(2822T), U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460,
by e-mail at [email protected], or by calling (202) 566-1672. A copy
may also be downloaded off the Internet at http://www.epa.gov/icr.
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C. Regulatory Flexibility Act
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with the direct final
rule.
For purposes of assessing the impacts of today's direct final rule
on small entities, small entity is defined as: (1) A small business
according to Small Business Administration size standards by NAICS code
ranging from 500 to 1,000 employees; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's direct final rule
on small entities, EPA has concluded that this action will not have a
significant impact on a substantial number of small entities. The
direct final rule amendment will not impose any new requirements on
small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows the EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that the direct final rule does not contain
a Federal mandate that may result in expenditures of $100 million or
more for State, local, and tribal governments, in the aggregate, or the
private sector in any one year, nor does the rule significantly or
uniquely impact small governments, because it contains no requirements
that apply to such governments or impose obligations upon them. Thus,
the requirements of the UMRA do not apply to the direct final rule.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that 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.''
The direct final rule does not have federalism implications. It
will 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. The direct final
rule will change only the applicability section of the final rule with
respect to synthetic fiber manufacturing facilities and does not modify
existing or create new responsibilities among EPA Regional Offices,
States, or local enforcement agencies. Thus, Executive Order 13132 does
not apply to the direct final rule amendment.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Government
Executive Order 13175 (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.'' The direct final rule does not have
tribal implications as specified in Executive Order 13175. It will
change only the applicability section of the final rule with respect to
synthetic fiber manufacturing facilities. The direct final rule would
not have substantial direct effects on tribal governments, 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 in Executive Order 13175.
Thus, Executive Order 13175 does not apply to the direct final rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The direct final rule is not
subject to Executive Order 13045 because it is based on technology
performance and not on health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy,
Supply, Distribution, or Use
The direct final rule is not subject to Executive Order 13211 (66
FR 28355, May 22, 2001) because it is not a significant regulatory
action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
The technical correction of the direct final rule does not involve
technical standards. The EPA's compliance with section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (Pub. L. No.
104-113, section 12(d) (15 U.S.C. 272 note)) has been addressed in the
preamble of the
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underlying final rule (68 FR 32172, May 29, 2003).
J. Congressional Review Act
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. The 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 the rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. The direct final rule is not a
``major rule'' as defined by 5 U.S.C. 804 (2).
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, and Reporting and recordkeeping requirements.
Dated: July 29, 2004.
Michael O. Leavitt,
Administrator.
0
For the reasons stated in the preamble, 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 OOOO--[Amended]
0
2. Section 63.4281 is amended by revising paragraph (d)(3) to read as
follows:
Sec. 63.4281 Am I subject to this subpart?
* * * * *
(d) * * *
(3) Coating, slashing, dyeing, or finishing operations at a
synthetic fiber manufacturing facility where the fibers are the final
product of the facility.
* * * * *
[FR Doc. 04-17778 Filed 8-3-04; 8:45 am]
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