[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Rules and Regulations]
[Pages 25676-25683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9485]
[[Page 25675]]
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Part IV
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Miscellaneous
Coating Manufacturing; Direct Final Rule and Proposed Rule
Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Rules and
Regulations
[[Page 25676]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2003-0178; FRL-7911-1]
RIN 2060-AM72
National Emission Standards for Hazardous Air Pollutants:
Miscellaneous Coating Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; amendments.
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SUMMARY: On December 11, 2003, EPA published national emission
standards for hazardous air pollutants (NESHAP) for Miscellaneous
Coating Manufacturing. The direct final rule amends the NESHAP by
providing additional compliance options and clarifications.
Specifically, the direct final rule amendments specify that compliance
with a percent reduction emission limit may be demonstrated by
measuring total organic compounds (TOC), compliance with the weight
percent hazardous air pollutant (HAP) limit in coatings products may be
demonstrated based on formulation data, and the cover or lid on a
process vessel may be opened for material additions and sampling. The
direct final rule amendments also clarify the requirements for cleaning
operations, the compliance date for equipment that is added to an
existing source, the conditions under which you must determine whether
an emission stream is a halogenated vent stream, and the terminology
used to describe the emission limits for process vessels. The direct
final rule amendments also revise the definition of Group 2 transfer
operations to clarify that all product loading operations are part of
the miscellaneous coating manufacturing affected source and, thus, are
not subject to the organic liquid distribution (OLD) NESHAP. We are
making the amendments by direct final rule, without prior proposal,
because we view the revisions as noncontroversial and anticipate no
adverse comments.
DATES: The direct final rule amendments are effective on July 12, 2005
without further notice, unless EPA receives adverse written comment by
June 13, 2005 or if a public hearing is requested by May 23, 2005. 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.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2003-
0178, 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: [email protected].
Fax: (202) 566-1741.
Mail: EPA Docket Center, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Please include a duplicate copy, if possible.
Hand Delivery: Air and Radiation Docket, Environmental
Protection Agency, 1301 Constitution Avenue, NW., Room B-108,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
We request that a separate copy also be sent to the contact person
listed below (see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. OAR-2003-0178.
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 otherwise 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 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). 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 Air and Radiation Docket, EPA/DC, EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Organic Chemicals
Group, Emission Standards Division (Mail Code C504-04), Office of Air
Planning and Standards, U.S. EPA, Research Triangle Park, North
Carolina 27711, telephone number (919) 541-5402, electronic mail
address [email protected].
SUPPLEMENTARY INFORMATION: Regulated Entities. The regulated category
and entities affected by this action include:
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Category NAICS \*\ Examples of regulated entities
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Industry.................... 3255 Manufacturers of coatings,
including inks, paints, or
adhesives.
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* North American Industrial Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers likely to be interested in the revisions to the rule
affected by this action. To determine whether your facility, company,
business, organization, etc., is regulated by this action, you should
carefully examine all of the applicability criteria in 40 CFR 63.7985
of the rule, as well as in today's amendments to the applicability
sections. If you have questions regarding the applicability of the
amendments to a particular entity, consult the person
[[Page 25677]]
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the direct final rule amendments will also be
available on the WWW through EPA's Technology Transfer Network (TTN).
Following signature by the EPA Administrator, a copy of the direct
final rule amendments 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 amendments
without prior proposal because we view the amendments as
noncontroversial and do not anticipate adverse comments. 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 adverse comments are received.
If we receive such adverse comments on the amendments, 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 amendments 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 amendments. Any parties interested in commenting must do so
at this time.
Judicial Review. Under section 307(b)(1) of the Clean Air Act
(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 July 12, 2005. 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 the EPA to enforce these requirements.
Outline. The information presented in this preamble is organized as
follows:
I. Why Are We Amending the Rule?
II. What Amendments Are We Making to the Rule?
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 and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Congressional Review Act
I. Why Are We Amending the Rule?
On December 11, 2003, we published NESHAP for Miscellaneous Coating
Manufacturing as subpart HHHHH in 40 CFR part 63 (68 FR 69164). Since
publication of the final rule, we concluded that additional means of
demonstrating compliance with the percent reduction emission limits and
the weight percent HAP limit in coating products would be as effective
as the options specified in the final rule. We also realized that the
standards for process vessels needed to allow opening of covers and
lids for material addition and sampling, or significantly more complex
and costly processing equipment than we intended would be needed to
comply with the final rule. Finally, we determined that several minor
amendments to regulatory provisions were necessary to clearly convey
our intent.
II. What Amendments Are We Making to the Rule?
Amendments to Requirements for Cleaning Operations. The direct
final rule revises Sec. 63.8005(a) to clarify that you must meet the
emission limits and work practice standards in Table 1 to subpart HHHHH
for cleaning operations only if the cleaning operations are performed
automatically; no control is required for cleaning operations that are
performed manually. This amendment is needed to make the final rule
consistent with our intent as stated in the preamble to the final rule
(68 FR 69164, 69172) that control is required for automatic cleaning
operations, but not required for manual cleaning operations.
Amendments to Compliance Date for Equipment Added to an Existing
Source. Section 63.7995(c) was intended to clarify that equipment added
to an existing affected source would be subject to existing source
requirements immediately upon startup, if installed after the
compliance date. However, the final rule mistakenly referred to the
publication date rather than the compliance date. We have also
determined that this statement is not needed in the final rule because
it is redundant with Sec. Sec. 63.5(b)(6) and 63.6(c) of the General
Provisions to 40 CFR part 63. Therefore, this direct final rule removes
and reserves Sec. 63.7995(c). To be clear, under Sec. Sec. 63.5(b)(6)
and 63.6(c), and Table 10 to subpart HHHHH, any equipment added to an
existing affected source between December 11, 2003 and the compliance
date does not have to comply until the compliance date.
Amendments to Requirements for Performance Tests. The final rule
(see Sec. 63.8000(c)) specifies that the performance testing
procedures in Sec. 63.997 of 40 CFR part 63, subpart SS, are to be
used to demonstrate compliance with the emission limits. However, the
option in Sec. 63.997(e)(2)(iv) of demonstrating compliance with a
percent reduction emission limit by measuring TOC is prohibited by
Sec. 63.8000(d)(1)(v) of the final rule. Since promulgation, we have
determined that this restriction is unwarranted because Sec.
63.997(e)(2)(iv)(G) and (H) describe procedures for using Methods 25
and 25A of 40 CFR part 60, appendix A, for measuring TOC. Therefore,
the direct final rule removes Sec. 63.8000(d)(1)(v). As a result of
this change, the amended rule allows compliance with a percent
reduction emission limit to be demonstrated by measuring either total
organic HAP or TOC as specified in Sec. 63.997(e)(2)(iv).
Amendments to Procedures for Demonstrating Compliance with the
Weight Percent HAP Limit in Coatings. The direct final rule allows
formulation data of the ingredients used to manufacture a coating to be
used as an alternative to test data for demonstrating compliance with
the 5 weight percent HAP limit in Sec. 63.8055. This provision states
that as an alternative to complying with the requirements in Table 1 to
subpart HHHHH for each individual stationary process vessel at an
existing source, you may comply with a 5 weight percent HAP limit for
process vessels at your affected source that are used to manufacture
coatings with a HAP content of less than 0.05 kg per kg product, as
specified in Sec. 63.8055(b). We are issuing this amendment to make
the compliance options for subpart HHHHH consistent with options for
surface coating rules. For example, 40 CFR part 63, subpart MMMM, the
NESHAP for surface coating of miscellaneous metal parts and products,
has a compliant materials option that requires the owner or
[[Page 25678]]
operator of the surface coating operation to determine the mass
fraction of organic HAP for each coating. One method of determining
this mass fraction is to use formulation data from the manufacturer
(i.e., the source that is subject to subpart HHHHH). Including the
formulation data option in subpart HHHHH also provides a less
burdensome alternative to testing. However, if the formulation data and
test data are inconsistent, there is a rebuttal presumption that the
test data are accurate unless you can demonstrate that they are not,
and that the formulation data are more appropriate for your unit(s).
Also note that, unlike the option in the surface coating rules, the
formulation data option in this direct final rule does not have mass
cutoffs of 0.1 percent for OSHA-defined carcinogens or 1 percent for
other HAP because subpart HHHHH does not establish cutoffs for trace
materials or impurities.
Amendments to the Standards for Process Vessels. The direct final
rule makes several amendments to the standards for portable and
stationary process vessels in Table 1 to subpart HHHHH. One amendment
in Table 1 is to allow the cover or lid to be opened for material
additions and sampling. Sampling includes quality assurance
inspections. Without this amendment, owners and operators would have to
install costly materials handling equipment for solids that are added
to the batch. Such equipment was not observed in the industry and not
considered in our cost analysis, and we did not intend to require it. A
second amendment was to clarify that the percent reduction in Table 1
applies to the collective HAP, not each individual HAP. In our
database, the reported control efficiencies were not speciated. Thus,
this amendment makes the final rule consistent with our analysis of the
MACT floor and the regulatory alternative. A third amendment was to
clarify that the emission limits in Table 1 apply to organic HAP, not
total HAP. This clarification makes these items consistent with the
other items in the table that already refer to total organic HAP.
Amendments to Definition of Group 2 Transfer Operations. The direct
final rule expands the definition of Group 2 transfer operations to
include filling of containers such as cans, drums, and totes. This
amendment is needed to clarify that filling of these containers is part
of the miscellaneous coating manufacturing affected source and, thus,
is not subject to the OLD MACT.
Section 63.7985(b)(4) of subpart HHHHH specifies that transfer
racks are part of the miscellaneous coating operations, and Sec.
63.7990(b) specifies that the miscellaneous coating manufacturing
operations are the affected source under subpart HHHHH. The definitions
of ``Group 1 transfer operations'' and ``Group 2 transfer operations''
in the final rule make it clear that bulk loading (i.e., filling tank
trucks and railcars) is performed using transfer racks, but it is not
clear if these definitions include transfer operations that involve
filling of containers such as cans, drums, and totes. Thus, the final
rule's silence might be interpreted to mean that filling of containers
is not a transfer operation and is not part of the affected source
under subpart HHHHH. Under this interpretation, filling of containers
would then be subject to the OLD NESHAP because Sec. 63.2338(c)(1) of
the OLD NESHAP exempts transfer racks that transfer organic liquids
only if they are part of an affected source under another NESHAP in 40
CFR part 63. We did not intend to regulate filling of containers with
coating products under the OLD NESHAP.
The final rule defines Group 2 transfer operations as bulk loading
(i.e., filling of tank trucks or railcars) that does not meet the
definition of Group 1 transfer operations. In our analysis of the MACT
floor for transfer operations, we considered the filling of small
containers as well as bulk loading. We determined the MACT floor for
all loading was no emissions reduction. We then developed a regulatory
alternative consisting of control for bulk loading when the coating
products contain more than 3.0 million gallons per year of HAP with a
weighted average HAP partial pressure greater than or equal to 1.5
psia. These were the only conditions under which the total impacts of
control were considered reasonable. However, since we examined all
product filling operations, those operations should be part of the
affected source. Thus, this direct final rule revises the definition of
Group 2 transfer operations to mean ``bulk loading of coating products
that does not meet the definition of Group 1 transfer operations, and
all loading of coating products from a loading rack to other types of
containers such as cans, drums, and totes.'' This change makes it clear
that containers are filled at a transfer rack. Since all transfer racks
(both Group 1 and Group 2) are part of the affected source under
subpart HHHHH, this change also clarifies that filling of containers
with coating products will be exempt from the requirements of the OLD
NESHAP.
Clarification of Requirement to Determine Halogenated Vent Streams.
The direct final rule revises the language in Sec. 63.8000(b)(1) to
clarify the conditions under which you must determine if an emission
stream is a halogenated vent stream. This clarification is needed to
make the language in Sec. 63.8000(b)(1) consistent with the language
in Table 1 to subpart HHHHH.
To minimize combustion control device-generated emissions of
hydrogen halide and halogen HAP, Table 1 to subpart HHHHH requires a
halogen reduction device either before or after a combustion device
that is used to control a halogenated vent stream (i.e., an emission
stream that contains halogen atoms in organic compounds at
concentrations greater than or equal to 20 parts per million by volume
(ppmv)). Section 63.8000(b)(1), however, currently requires you to
determine if each vent stream is a halogenated vent stream. This is
unnecessary because no hydrogen halide or halogen HAP would be formed
if the halogenated organic compound is controlled using a noncombustion
control device. Thus, this direct final rule revises the language in
Sec. 63.8000(b)(1) to specify that you must determine if an emission
stream meets the definition of a halogenated vent stream if it contains
halogen atoms, and the organic compounds in the emission stream are
controlled using a combustion control device (excluding flares).
Clarification of Equipment Leak Inspection Requirements. One of the
compliance options for equipment leaks is to inspect the equipment in
accordance with the procedures described in 40 CFR part 63, subpart R
(National Emission Standards for Gasoline Distribution Facilities),
except as specified in Sec. 63.8015(b). The intent of Sec. 63.8015(b)
is to clarify how language in Sec. 63.424(a) that is specific to
gasoline distribution operations should be interpreted for application
to miscellaneous coating manufacturing operations. Since publication of
the final rule, we realized that the language did not clearly describe
when the inspections must be performed. Therefore, this direct final
rule revises Sec. 63.8015(b) to further clarify the language in Sec.
63.424(a) to make it applicable to miscellaneous coating manufacturing
sources.
Clarification of overlapping standards. EPA is taking this
opportunity to clarify its discussion in the preamble to the final rule
regarding how to determine whether 40 CFR part 63, subpart FFFF or
subpart HHHHH, applies when equipment is used to produce both subpart
FFFF and HHHHH products. In the preamble to the final rule, we stated:
[[Page 25679]]
In the event that equipment used to manufacture products in
processes that are subject to 40 CFR part 63, subpart FFFF is also
used for coating manufacturing operations that are subject to
subpart HHHHH, then the primary use of the equipment determines
applicability.
This explanation, however, is partially inconsistent with subpart
FFFF. Pursuant to subpart FFFF, the primary use of nondedicated
multipurpose equipment only dictates which regulation governs where a
process unit group (PUG) has been developed under 40 CFR part 63,
subpart FFFF, Sec. 63.2535(l), and the primary product is a subpart
FFFF, a subpart GGG, or a subpart MMM product. Where one of these
products is the primary product, the primary product determines which
regulation applies to each miscellaneous organic chemical process unit
(MCPU). Where a subpart FFFF product is the primary product of the PUG,
subpart FFFF may be complied with for all process units in the PUG in
lieu of other 40 CFR part 63 rules.
Where the primary product of the PUG is subject to regulation under
any 40 CFR part 63 regulation, other than subpart FFFF, MMM or GGG,
then Sec. 63.2535(l)(3)(ii)(C) dictates that subpart FFFF applies to
``each MCPU in the PUG.'' Otherwise, the regulation applicable to the
other product (this would be the primary product if there are only two
products) applies to the PUG. Accordingly, if a PUG has been developed,
any process unit that is used to produce both a subpart FFFF and
subpart HHHHH product must comply with subpart FFFF for the MCPU. Where
a PUG has not been developed, the product of the process generally
determines applicability, not primary use.
Miscellaneous Technical Corrections. The direct final rule includes
several changes to correct references and typesetting errors. These
changes are described in Table 1 in this preamble.
Table 1.--Technical Corrections to Subpart HHHHH
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Section in subpart HHHHH Description of correction
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Sec. 63.8000(c)................. Adds underlining to section heading.
Sec. 63.8000(d)(1)(iii)......... Replaces reference to ``Tables 1
through 7'' with reference to
``Tables 1 through 6''.
Sec. 63.8050(c)(1)(ii).......... Clarifies that the saturation
factors must be calculated for
condensable compounds, not
noncondensable compounds.
Sec. 63.8050(c)(3) introductory Replaces the reference to paragraph
text. (c)(2)(i) with a reference to
paragraph (c)(3)(i).
Table 7 to subpart HHHHH.......... Replaces the incorrect CAS number
with the correct CAS number for
tetrachloroethylene.
Table 8 to subpart HHHHH.......... Revises the title to refer to
subpart HHHHH rather than subpart
FFFF, and replaces the incorrect
CAS number with the correct CAS
number for 1,1-dimethyl hydrazine.
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III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency 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 direct final rule amendments are
not a ``significant regulatory action'' under the terms of Executive
Order 12866 and are, therefore, not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This action gives a source owner or operator the option of using vapor
balancing to comply with the standards. Since it is only an option,
this action will not increase the information collection burden. The
OMB has previously approved the information collection requirements
contained in the existing regulations under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB
control number 2060-0535 (EPA ICR No. 2115.01).
Copies of the information collection request (ICR) document(s) may
be obtained from Susan Auby, by mail at the Office of Environmental
Information, Collection Strategies Division; U.S. EPA (2822T); 1200
Pennsylvania Ave., 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. Include the ICR
or OMB number in any correspondence.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
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 amendments.
For purposes of assessing the impacts of today's direct final rule
amendments on small entities, a small entity is defined as: (1) A small
business in the North American Industrial Classification System (NAICS)
code 325 that has up to 500; (2) a small governmental jurisdiction that
is a
[[Page 25680]]
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 amendments on
small entities, EPA has concluded that this action will not have a
significant economic impact on a substantial number of small entities.
The direct final rule amendments will not impose any requirements on
small entities. The final rule amendments add several compliance
options granting greater flexibility to small entities subject to the
final rule that may result in a more efficient use of resources for
them and, therefore, impose no additional regulatory costs or
requirements on owners or operators of affected sources.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 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, the
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 by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any 1 year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the 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 the 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 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 amendments do 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 1 year. The direct final rule
amendments provide a source owner or operator with additional options
to comply with the standards. Therefore, the direct final rule
amendments are not subject to the requirements of sections 202 and 205
of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires the
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 amendments do not have federalism
implications. They 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 amendments provide a source owner or operator
with another option to comply with the standards and, therefore, impose
no additional burden on sources. Thus, Executive Order 13132 does not
apply to the direct final rule amendments.
In the spirit of Executive Order 13132 and consistent with EPA
policy to promote communications between the EPA and State and local
governments, the EPA specifically solicits comment on the direct final
rule amendments from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) requires the
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 amendments do
not have tribal implications, as specified in Executive Order 13175.
The direct final rule amendments provide a source owner or operator
with another option to comply with the standards and, therefore, impose
no additional burden on sources. Thus, Executive Order 13175 does not
apply to the direct final rule amendments.
The EPA specifically solicits additional comment on the direct
final rule amendments from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health 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 the EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA 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 EPA.
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. Today's direct final rule
amendments are not subject to Executive Order 13045 because they are
based on technology performance, not health or safety risks.
Furthermore, the direct final rule amendments have been determined not
to be ``economically significant'' as defined under Executive Order
12866.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
The direct final rule amendments are not subject to Executive Order
13211 (66 FR 28355, May 22, 2001) because they are not a significant
regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note), directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or
[[Page 25681]]
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs the EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
No new standard requirements are cited in the direct final rule
amendments. Therefore, the EPA is not proposing or adopting any
voluntary consensus standards in the direct final rule amendments.
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 the direct final
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 direct final rule in the Federal Register.
The direct final rule amendments are 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, Reporting and recordkeeping requirements.
Dated: May 6, 2005.
Stephen L. Johnson,
Administrator.
0
For the reasons stated in the preamble, title 40, chapter I, part 63 of
the Code of the 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 HHHHH--[Amended]
0
2. Section 63.7995 is amended by removing and reserving paragraph (c).
0
3. Section 63.8000 is amended by:
0
a. Revising paragraph (b)(1);
0
b. Revising paragraph (c) heading; and
0
c. Revising paragraph (d)(1).
The revisions read as follows:
Sec. 63.8000 What are my general requirements for complying with this
subpart?
* * * * *
(b) * * *
(1) If an emission stream contains halogen atoms, and you use a
combustion-based control device (excluding a flare) to meet an organic
HAP emission limit, you must determine whether the emission stream
meets the definition of a halogenated stream by calculating the
concentration of each organic compound that contains halogen atoms
using the procedures specified in Sec. 63.115(d)(2)(v), multiplying
each concentration by the number of halogen atoms in the organic
compound, and summing the resulting halogen atom concentrations for all
of the organic compounds in the emission stream. Alternatively, you may
elect to designate the emission stream as halogenated.
* * * * *
(c) Compliance requirements for closed vent systems and control
devices. * * *
* * * * *
(d) Exceptions to the requirements specified in other subparts of
this part 63. (1) Requirements for performance tests. The requirements
specified in paragraphs (d)(1)(i) through (v) of this section apply
instead of or in addition to the requirements for performance testing
of control devices as specified in subpart SS of 40 CFR part 63.
(i) Conduct gas molecular weight analysis using Method 3, 3A, or 3B
in appendix A to 40 CFR part 60.
(ii) Measure moisture content of the stack gas using Method 4 in
appendix A to 40 CFR part 60.
(iii) As an alternative to using Method 18, Method 25/25A, or
Method 26/26A of 40 CFR part 60, appendix A, to comply with any of the
emission limits specified in Tables 1 through 6 to this subpart, you
may use Method 320 of 40 CFR part 60, appendix A. When using Method
320, you must follow the analyte spiking procedures of section 13 of
Method 320, unless you demonstrate that the complete spiking procedure
has been conducted at a similar source.
(iv) Section 63.997(c)(1) does not apply. For the purposes of this
subpart, results of all initial compliance demonstrations must be
included in the notification of compliance status report, which is due
150 days after the compliance date, as specified in Sec.
63.8075(d)(1).
(v) If you do not have a closed-vent system as defined in Sec.
63.981, you must determine capture efficiency using Method 204 of
appendix M to 40 CFR part 51 for all stationary process vessels subject
to requirements of Table 1 to this subpart.
* * * * *
0
4. Section 63.8005 is amended by revising paragraph (a) to read as
follows:
Sec. 63.8005 What requirements apply to my process vessels?
(a) General. (1) You must meet each emission limit and work
practice standard in Table 1 to this subpart that applies to you, and
you must meet each applicable requirement specified in Sec.
63.8000(b), except as specified in paragraphs (a)(1)(i) and (ii) of
this section.
(i) You are not required to meet the emission limits and work
practice standards in Table 1 to this subpart if you comply with Sec.
63.8050 or Sec. 63.8055.
(ii) You must meet the emission limits and work practice standards
in Table 1 to this subpart for emissions from automatic cleaning
operations. You are not required to meet the emission limits and work
practice standards in Table 1 to this subpart for emissions from
cleaning operations that are conducted manually.
(2) For each control device used to comply with Table 1 to this
subpart, you must comply with subpart SS of this part 63 as specified
in Sec. 63.8000(c), except as specified in Sec. 63.8000(d) and
paragraphs (b) through (g) of this section.
* * * * *
0
5. Section 63.8015 is amended by revising paragraph (b) to read as
follows:
Sec. 63.8015 What requirements apply to my equipment leaks?
* * * * *
(b) Exceptions to requirements in Sec. 63.424(a). (1) When Sec.
63.424(a) refers to ``a bulk gasoline terminal or pipeline breakout
station subject to the provisions of this subpart,'' the phrase ``a
miscellaneous coating manufacturing affected source subject to 40 CFR
part 63, subpart HHHHH'' shall apply for the purposes of this subpart.
(2) When Sec. 63.424(a) refers to ``equipment in gasoline
service,'' the phrase ``equipment in organic HAP service'' shall apply
for the purposes of this subpart.
(3) When Sec. 63.424(a) specifies that ``each piece of equipment
shall be inspected during loading of a gasoline cargo tank,'' the
phrase ``each piece of equipment must be inspected when it is operating
in organic HAP service'' shall apply for the purposes of this subpart.
(4) Equipment in service less than 300 hours per year, equipment in
vacuum
[[Page 25682]]
service, or equipment contacting non-process fluids is excluded from
this section.
* * * * *
0
6. Section 63.8050 is amended by:
0
a. Revising the fifth sentence in paragraph (c)(1)(ii); and
0
b. Revising paragraph (c)(3) introductory text.
The revisions read as follows:
Sec. 63.8050 How do I comply with emissions averaging for stationary
process vessels at existing sources?
* * * * *
(c) * * *
(1) * * *
(ii) * * * Note that for multi-component emission streams,
saturation factors must be calculated for all condensable compounds,
not just the HAP. * * *
* * * * *
(3) Determine actual emissions in pounds per batch for each vessel
in accordance with paragraph (c)(3)(i), (ii), or (iii) of this section,
as applicable.
* * * * *
0
7. Section 63.8055 is amended by revising paragraph (b) to read as
follows:
Sec. 63.8055 How do I comply with a weight percent HAP limit in
coating products?
* * * * *
(b) You may only comply with the alternative during the production
of coatings that contain less than 5 weight percent HAP, as determined
using any of the procedures specified in paragraphs (b)(1) through (4)
of this section.
(1) Method 311 (appendix A to 40 CFR part 63).
(2) Method 24 (appendix A to 40 CFR part 60). You may use Method 24
to determine the mass fraction of volatile matter and use that value as
a substitute for the mass fraction of HAP.
(3) You may use an alternative test method for determining mass
fraction of HAP if you obtain prior approval by the Administrator. You
must follow the procedure in Sec. 63.7(f) to submit an alternative
test method for approval.
(4) You may rely on formulation data. If the HAP weight percent
estimated based on formulation data conflicts with the results of a
test conducted according to paragraphs (b)(1) through (3) of this
section, then there is a rebuttal presumption that the test results are
accurate unless, after consultation, you demonstrate to the
satisfaction of the permitting authority that the test results are not
accurate and that the formulation data are more appropriate.
* * * * *
0
8. Section 63.8105 is amended by revising the definition in paragraph
(g) for Group 2 transfer operations to read as follows:
Sec. 63.8105 What definitions apply to this subpart?
* * * * *
(g) * * *
Group 2 transfer operations means bulk loading of coating products
that does not meet the definition of Group 1 transfer operations, and
all loading of coating products from a loading rack to other types of
containers such as cans, drums, and totes.
* * * * *
0
9. Table 1 to subpart HHHHH is amended by revising entries ``1,''
``2,'' and ``3'' to read as follows:
Table 1 to Subpart HHHHH of Part 63.--Emission Limits and Work Practice
Standards for Process Vessels
* * * * * * *
------------------------------------------------------------------------
For each . . . You must . . . And you must . . .
------------------------------------------------------------------------
1. Portable process vessel at a. Equip the Nonapplicable.
an existing source. vessel with a
cover or lid
that must be in
place at all
times when the
vessel contains
a HAP, except
for material
additions and
sampling.
2. Stationary process vessel a. Equip the i. Considering both
at an existing source. vessel with a capture and any
cover or lid combination of
that must be in control (except a
place at all flare), reduce
times when the emissions of organic
vessel contains HAP with a vapor
a HAP, except existing pressure
for material >=0.6 kPa by >=75
additions and percent by weight,
sampling; or and reduce emissions
of organic HAP with
a vapor pressure
<0.6 kPa by >=60
percent by weight.
b. Equip the i. Reduce emissions
vessel with a of organic HAP with
tightly fitting a vapor pressure
vented cover or >=0.6 kPa by >=75
lid that must be percent by weight,
closed at all and reduce emissions
times when the of organic HAP with
vessel contains a vapor pressure
HAP, except for <0.6 kPa by >=60
material percent by weight,
additions and by venting emissions
sampling. through a closed-
vent system to any
combination of
control devices
(except a flare); or
ii. Reduce emissions
of total organic HAP
by venting emissions
from a non-
halogenated vent
stream through a
closed-vent system
to a flare; or
iii. Reduce emissions
of total organic HAP
by venting emissions
through a closed-
vent system to a
condenser that
reduces the outlet
gas temperature to:
<10 [deg]C if the
process vessel
contains HAP with a
partial pressure
<0.6 kPa, or
<2 [deg]C if the
process vessel
contains HAP with a
partial pressure
>=0.6 kPa and <17.2
kPa, or
<-5 [deg]C if the
process vessel
contains HAP with a
partial pressure
>=17.2 kPa.
[[Page 25683]]
3. Portable and stationary a. Equip the i. Reduce emissions
process vessel at a new vessel with a of total organic HAP
source. tightly fitting by >=95 percent by
vented cover or weight by venting
lid that must be emissions through a
closed at all closed-vent system
times when the to any combination
vessel contains of control devices
HAP, except for (except a flare); or
material ii. Reduce emissions
additions and of total organic HAP
sampling. by venting emissions
from a non-
halogenated vent
stream through a
closed-vent system
to a flare; or
iii. Reduce emissions
of total organic HAP
by venting emissions
through a closed-
vent system to a
condenser that
reduces the outlet
gas temperature to:
<-4 [deg]C if the
process vessel
contains HAP with a
partial pressure
<0.7 kPa, or
<-20 [deg]C if the
process vessel
contains HAP with a
partial pressure
>=0.7 kPa and <17.2
kPa, or
<-30 [deg]C if the
process vessel
contains HAP with a
partial pressure
>=17.2 kPa.
* * * * * * *
------------------------------------------------------------------------
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10. Table 7 to subpart HHHHH is amended by revising entry ``51'' to
read as follows:
Table 7 to Subpart HHHHH of Part 63.--Partially Soluble Hazardous Air
Pollutants
* * * * *
------------------------------------------------------------------------
Chemical name . . . CAS No.
------------------------------------------------------------------------
* * * * *
51. Tetrachloroethylene (perchloroethylene).................. 127184
* * * * *
------------------------------------------------------------------------
0
11. Table 8 to subpart HHHHH is amended by revising the heading and
entry ``4'' to read as follows:
Table 8 to Subpart HHHHH of Part 63.--Soluble Hazardous Air Pollutants
* * * * *
------------------------------------------------------------------------
Chemical name . . . CAS No.
------------------------------------------------------------------------
* * * * *
4. Dimethyl hydrazine (1,1).................................. 57147
* * * * *
------------------------------------------------------------------------
[FR Doc. 05-9485 Filed 5-12-05; 8:45 am]
BILLING CODE 6560-50-P