[Federal Register Volume 71, Number 4 (Friday, January 6, 2006)]
[Rules and Regulations]
[Pages 1378-1385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-70]
[[Page 1377]]
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Part IV
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Metal Cans; Final Rule and Proposed Rule
Federal Register / Vol. 71, No. 4 / Friday, January 6, 2006 / Rules
and Regulations
[[Page 1378]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2003-0005; FRL-8018-9]
RIN 2060-AM28
National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Metal Cans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; amendments.
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SUMMARY: EPA is taking direct final action on amendments to the
national emission standards for hazardous air pollutants (NESHAP) for
surface coating of metal cans, which were promulgated on November 13,
2003, under section 112 of the Clean Air Act (CAA). The direct final
rule amendments correct errors and add clarification to sections of the
rule. We are issuing the amendments as a direct final rule, without
prior proposal, because we view the revisions as noncontroversial and
anticipate no adverse comments. However, in the Proposed Rules section
of this Federal Register notice, we are publishing a separate document
that will serve as the proposal to amend the NESHAP for surface coating
of metal cans if adverse comments are filed. Any comments on the
revisions should be directed to the proposed rule.
DATES: The direct final rule is effective on March 7, 2006 without
further notice, unless EPA receives adverse written comment by February
6, 2006. If adverse comments are received, EPA will publish a timely
withdrawal in the Federal Register indicating which amendments will
become effective and which amendments are being withdrawn due to
adverse comment.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2003-
0005, 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://docket.epa.gov/edkpub/index.jsp.
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] and [email protected].
Fax: (202) 566-1741 and (919) 541-5689.
Mail: U.S. Postal Service, send comments to: EPA Docket
Center (6102T), Attention Docket ID No. OAR-2003-0005, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies. We request that you also send a separate copy of each
comment to the contact person listed below (see FOR FURTHER INFORMATION
CONTACT).
Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center (6102T), Attention Docket ID No. OAR-2003-0005,
1301 Constitution Avenue, NW., Room B-108, Washington, DC 20004. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. Please include a total of two copies. We request
that you also send a separate copy of each comment to the contact
person listed below (see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. OAR-2003-0005.
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://docket.epa.gov/edkpub/index.jsp, 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. Send or deliver information identified as
CBI only to the following address: Mr. Roberto Morales, OAQPS Document
Control Officer, EPA (C404-02), Attention Docket ID No. OAR-2003-0005,
Research Triangle Park, NC 27711. Clearly mark all of the information
that you claim to be CBI. 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://docket.epa.gov/edkpub/index.jsp. 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 hardcopy at the EPA Docket Center, Docket ID No. OAR-
2003-0005, EPA West Building, Room B-102, 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 EPA Docket Center is (202) 566-1742. A reasonable fee
may be charged for copying docket materials.
FOR FURTHER INFORMATION CONTACT: For further information, contact Mr.
Paul Almodovar, EPA, Office of Air Quality Planning and Standards,
Emission Standards Division, Coatings and Consumer Products Group
(C539-03), Research Triangle Park, NC 27711; telephone number (919)
541-0283; fax number (919) 541-5689; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities
potentially regulated by this action include:
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Examples of regulated
Category NAICS * code entities
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Industry.................... 332431 Two piece beverage can
facilities.
332431, 332115, Three piece food can
332116, 332812, facilities, two piece
332999 D&I facilities, one
piece aerosol can
facilities, etc.
332431 Can assembly
facilities.
[[Page 1379]]
332431, 332812 End manufacturing
facilities.
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* North American Industry Classification System
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 facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.3481 and 40
CFR 63.3482 of the Metal Can NESHAP (68 FR 64432, November 13, 2003).
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.
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. However, in
the Proposed Rules section of this Federal Register, we are publishing
a separate document that will serve as the proposal to amend the NESHAP
for surface coating of metal cans if adverse comments are filed. If we
receive any adverse comments on one or more distinct amendments, we
will publish a timely withdrawal in the Federal Register informing the
public which amendments will become effective, and which amendments are
being withdrawn due to adverse comment. We will address all public
comments in a subsequent final rule, should the Agency determine to
issue one. Any of the distinct amendments in today's direct final rule
for which we do not receive adverse comment will become effective on
the previously mentioned date. 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 CAA, judicial
review of the direct final rule amendments is available only by filing
a petition for review in the United States Court of Appeals for the
District of Columbia Circuit by March 7, 2006. Under section
307(d)(7)(B) of the CAA, only an objection to the direct final rule
amendments which 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 amendments may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's direct final rule amendments will also be
available on the WWW through the Technology Transfer Network (TTN).
Following the Administrator's signature, a copy of this action 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.
Outline. The information presented in this preamble is organized as
follows:
I. Background
II. Amendments to 40 CFR Part 63, Subpart KKKK
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
EPA promulgated NESHAP for surface coating of metal cans on
November 13, 2003 (68 FR 64432). The final rule (40 CFR part 63,
subpart KKKK) includes standards for hazardous air pollutants (HAP), as
well as monitoring, performance testing, recordkeeping, and reporting
requirements related to the standards. After promulgation of the final
rule, EPA received numerous questions relating to rule interpretation.
The questions pointed out minor inconsistencies in some of the rule
language and equations and identified areas where the rule requirements
were not clear. Today's action includes direct final rule amendments
that resolve inconsistencies and clarify rule language. None of the
amendments will have any discernable effect on the stringency of the
rule.
II. Amendments to 40 CFR Part 63, Subpart KKKK
In response to the proposed rule (68 FR 2110, January 15, 2003),
EPA received a question related to compliance with parametric
monitoring after testing but before the compliance date. In the final
rule, EPA retained language from the proposed rule that requires
affected sources to meet operating limits once the performance test
used to establish those limits is complete, even if this occurs before
the actual compliance date. EPA failed to make an intended change for
the final rule to clarify that existing affected sources do not have to
meet the operating limits prior to the compliance date. We have
rewritten 40 CFR 63.3492 to state that new and reconstructed sources
must meet the operating limits at all times after they have been
established during the performance test, and existing sources must meet
the operating limits at all times after the compliance date of November
13, 2006.
A question was raised concerning the definition of major source in
the final rule versus the definition of major source in the General
Provisions of 40 CFR part 63. To be consistent with the definition of
major source in 40 CFR 63.2 of the General Provisions, we added the
phrase ``considering controls'' to the description of a major source of
HAP emissions in 40 CFR 63.3481(b).
A question was raised about the omission of clarifying text stating
that all required calculations and compliance demonstrations may be
performed with either metric or English units. In response, we have
added language clarifying that all required calculations and all
compliance demonstrations may be performed using either metric or
English units in 40 CFR 63.3521, 63.3531, and 63.3541, as was intended.
A question was raised about the inclusion of cleaning materials in
compliance calculations and equations. EPA erroneously made a change
between the proposed and final rule that added cleaning materials as
HAP-containing materials and included them in compliance calculations
in 40 CFR 63.3541(h). Several other surface coating maximum achievable
control technology (MACT) rules include cleaning materials as part of
the calculation of total mass of organic HAP; however, as stated in the
preamble
[[Page 1380]]
to the proposed rule (January 15, 2003, 68 FR 2130), emissions data
collected for the metal can industry did not show any significant HAP
associated with cleaning materials. Therefore, we have removed
references to cleaning materials in the text in 40 CFR 63.3522 and
63.3561, as well as references to cleaning materials in equations which
also resulted in modifications to the associated equation numbering in
40 CFR 63.3510, 63.3511, and 63.3512. The term ``surface preparation''
was removed in 40 CFR 63.3544(b), since this term is defined to mean
the use of a cleaning material on a substrate. These revisions are
discussed in more detail below.
Section 63.3522, paragraph (c) pertaining to identifying those
coating operations for which affected sources use the compliant
material option in the semiannual compliance report, was revised to
exclude the application of cleaning materials as a coating operation.
Section 63.3561 includes the definition of terms used in this
subpart, including the definition of ``capture system'' which is
defined in terms of coatings and cleaning materials. Capture systems
will not be required to collect emissions from cleaning materials, so
the definition of ``capture system'' no longer contains a reference to
cleaning materials.
Section 63.3510, paragraph (c)(8)(ii), pertaining to the
notification of compliance requirements for affected sources using the
emission rate without add-on controls option, was revised to reference
Equations 1, 1A, 1B, 2, and 3 of 40 CFR 63.3531 for calculating the
total mass of organic HAP emissions for each month, the total volume of
coating solids used each month, and the 12-month organic HAP emission
rate, respectively.
Section 63.3510, paragraph (c)(8)(iii) pertains to affected sources
using the emission rate with add-on controls option. The notification
of compliance will now require the use of Equations 1, 1A, and 1B of 40
CFR 63.3531 to calculate the total mass of organic HAP emissions for
the coatings and thinners used each month. Also, the calculation of the
mass of organic HAP emission reduction each month by emission capture
systems and add-on control devices will now be performed by using
Equations 1 and 1A through 1C of 40 CFR 63.3541, and Equations 2, 3,
3A, and 3B of 40 CFR 63.3541, as applicable.
In 40 CFR 63.3511, which pertains to reporting requirements for
affected sources, references to equations to be used to calculate the
total mass of organic HAP emissions for the coatings and thinners used
each month were revised in the second sentence of paragraph (a)(6)(ii)
to include Equations 1, 1A, 1B, 2, and 3 in 40 CFR 63.3531; and in the
second sentence of paragraph (a)(7)(ii) to include Equations 1, 1A, and
1B of 40 CFR 63.3531. In addition, the calculation for the mass of
organic HAP emission reduction each month by emission capture systems
and add-on control devices will now use Equations 1 and 1A through 1C
of 40 CFR 63.3541, and Equations 2, 3, 3A, and 3B of 40 CFR 63.3541, as
applicable.
Section 63.3512 contains recordkeeping requirements. References to
each equation were revised in paragraph (c)(3) to include Equations 1,
1A, 1B, and 2 of 40 CFR 63.3531 to be used to calculate the total mass
of organic HAP emissions for the coatings and thinners used each month
for the emission rate without add-on controls option; paragraph
(c)(4)(i) was revised to include Equations 1, 1A, and 1B of 40 CFR
63.3531 to be used to calculate the total mass of organic HAP emissions
for the coatings and thinners used each month; and paragraph
(c)(4)(iii) was revised to include Equations 1 and 1A through 1C, 2, 3,
3A, and 3B of 40 CFR 63.3541 to be used to calculate the mass of
organic HAP emission reduction by emission capture systems and add-on
control devices.
Section 63.3544, paragraph (b), pertains to measuring capture
efficiency during a production run of at least 3 hours and up to 8
hours, where the production run is defined as the time required for a
single part to go from the beginning to the end of production. The term
production run was redefined to exclude surface preparation activities
which involve the use of cleaning materials.
EPA received comments requesting that it include six additional
cross-references to the overall subcategory emission limit (OSEL) in
the notification, reports, and records sections of this subpart, in 40
CFR 63.3510, 63.3511, and 63.3512, respectively. The OSEL is a 12-month
alternative emission limit that can be used if the affected source
applies coatings in more than one coating type segment within a
subcategory and can be calculated by using Equation 4 in 40 CFR
63.3531(i). We have rewritten five sentences to reference OSEL Equation
4 in addition to the existing formula references and added one new
sentence. The same five sentences were also affected by the deletion of
the reference to cleaning materials, as discussed above.
A comment was made pertaining to remaining references to 40 CFR
63.3547(g) and 63.3557(g), paragraphs pertaining to requirements for
continuous parameter monitoring for emission rate with the add-on
controls option and for the control efficiency/outlet concentration
option, respectively, that appeared in the proposed rule but were not
included in the final rule. We are removing the remaining references to
these paragraphs in 40 CFR 63.3547(a) and 63.3557(a). A similar
reference to 40 CFR 63.3546(g) remained in Table 4 to Subpart KKKK of
Part 63, Item 8.a.i, was also removed.
A comment was made pertaining to redundant language in 40 CFR
63.3547(a)(1) and 63.3557(a)(1), pertaining to continuous parameter
monitoring system (CPMS) frequency of data collection. These sections
state that the CPMS must complete a minimum of one cycle of operation
for each successive 15-minute period. They then state that you must
have a minimum of four equally spaced successive cycles of CPMS
operation in 1 hour. The second sentence is redundant and is now
removed from each section.
A comment was made pertaining to the need to clarify the frequency
of data collection for CPMS for permanent total enclosure (PTE) capture
systems in Table 4 to Subpart KKKK of Part 63, Item 7, and the number
of data points needed to establish the 3-hour average for the non-PTE
emission capture operating parameters in Table 4, Item 8. For emission
capture systems and add-on control devices, the frequency of data
collection and the number of data collection points is specified in 40
CFR 63.3547(a)(1) and (2) and 40 CFR 63.3557(a)(1) and (2), which state
that the CPMS must complete a minimum of one cycle of operation for
each successive 15-minute period, and the average of all recorded
readings must be determined for each successive 3-hour period. These
sections apply to emission capture systems (PTE and non-PTE) and add-on
control devices. We are, therefore, transferring this language and
references to 40 CFR 63.3547(a)(1) and (2) and 40 CFR 63.3557 (a)(1)
and (2) to Table 4 to Subpart KKKK of Part 63, Items 7 and 8, for
clarification.
A question was raised as to whether a bypass line valve indicator
or a damper indicator would be acceptable in place of the capture
system bypass line flow indicator required in paragraph (b)(1) of 40
CFR 63.3547. The alternate indicators would meet the CPMS requirements
by recording the position of the bypass valve damper at least once
every 15 minutes to ensure
[[Page 1381]]
the bypass line is in the closed position and would not divert
emissions away from the add-on control device directly to the
atmosphere. We are, therefore, modifying the text to add the two
alternate indicators.
A question was raised as to whether static pressure could be
measured at the oxidizer inlet as an alternative to the requirement to
measure the static pressure in each capture system duct as required by
Table 4 to Subpart KKKK of Part 63, Item 8, to show that the capture
system is working. EPA agrees that this approach would be acceptable,
but consider it critical to address the position of the pressure
measurement relative to the flow inducer and that ``at the inlet of the
oxidizer'' is not descriptive enough. We, therefore, added new language
requiring measurement of static pressure ``upstream of the fan'' in the
duct of each capture device or ``upstream of the fan that is common to
multiple capture devices'' versus ``at the inlet of the oxidizer.''
Language was also added to differentiate between smaller safety fans
(on the outlet of ovens that also act as capture devices) and fans that
serve as the primary air movers. This allows for the affected source to
monitor pressure downstream of the safety fan, but upstream of the
primary fan. Language was also added to refer back to the required
performance testing in 40 CFR 63.3546(g) in order to establish the
limits for gas volumetric flow rate and duct static pressure.
Conforming changes were then made to 40 CFR 63.3546(g).
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 review by the Office of Management and Budget
(OMB) 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 this rule 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
This action does not impose any new information collection burden
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et
seq. OMB approved the information collection request (ICR) for the
NESHAP for metal can surface coating pursuant to the provisions of the
Paperwork Reduction Act and has assigned OMB control number 2060-0541
(EPA ICR No. 2079.02). A copy of the original ICR may be obtained from
Susan Auby by mail at the Office of Environmental Information,
Collection Strategies Division (2822), EPA, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460, by e-mail at [email protected], or by
calling (202) 566-1672. You may also download a copy from the internet
at http://www.epa.gov/icr. Include the ICR 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 in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Analysis
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
on small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administrations' regulations at 13 CFR
121.201; (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
amendments on small entities, EPA has concluded that this action will
not have a significant economic impact on a substantial number of small
entities. We have determined that the direct final rule amendments will
not impose any new requirements on small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law No. 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
1 year. Before promulgating a rule for which a written statement is
needed, section 205 of the UMRA generally requires us 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 us 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
[[Page 1382]]
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.
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 apply only to affected sources in the metal can industry and
clarify and correct errors in the final rule and, therefore, add no
additional burden on sources. EPA has determined that this rule
contains no regulatory requirements that might significantly or
uniquely affect small governments. The direct final rule amendments
apply only to affected sources in the metal can industry and clarify
and correct errors in the final rule. Thus, 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, entitled ``Federalism'' (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 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. No
metal can production facilities subject to the direct final rule
amendments are owned or operated by State or local governments.
Therefore, State and local governments will not have any direct
compliance costs resulting from the direct final rule amendments.
Furthermore, the direct final rule amendments do not require these
governments, or anyone else, to take on any new responsibilities. Thus,
Executive Order 13132 does not apply to the direct final rule
amendments.
F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (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
amendments do not have tribal implications as specified in Executive
Order 13175. They will 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, because we are not
aware of any Indian tribal governments or communities affected by the
direct final rule amendments. Thus, Executive Order 13175 does not
apply to the direct final rule amendments.
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.
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
amendments are not subject to Executive Order 13045 because they are
based on technology performance and not on health or safety risks.
H. Executive Order 13211, Actions Concerning Regulations 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 (NTTAA) of 1995, Public Law No. 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
VCS bodies. The NTTAA directs EPA to provide Congress, through the OMB,
explanations when the Agency decides not to use available and
applicable VCS.
The direct final rule amendments do not involve technical
standards; therefore, EPA is not adopting any VCS.
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. EPA will submit a report containing the
direct final rule amendments 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 direct final rule amendments 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 amendments are not a ``major rule'' as
defined by 5 U.S.C. 804(2). The direct final rule amendments are
effective on March 7, 2006.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, and Reporting and recordkeeping requirements.
Dated: December 29, 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.
[[Page 1383]]
Subpart KKKK--[AMENDED]
0
2. Section 63.3481 is amended by revising the second sentence in
paragraph (b) to read as follows:
Sec. 63.3481 Am I subject to this subpart?
* * * * *
(b) * * * A major source of HAP emissions is any stationary source
or group of stationary sources located within a contiguous area and
under common control that emits or has the potential to emit,
considering controls, any single HAP at a rate of 9.07 megagrams (Mg)
(10 tons) or more per year or any combination of HAP at a rate of 22.68
Mg (25 tons) or more per year.
* * * * *
0
3. Section 63.3492 is amended by revising the third sentence in
paragraph (b) to read as follows:
Sec. 63.3492 What operating limits must I meet?
* * * * *
(b) * * * You must establish the operating limits during the
initial performance test according to the requirements in Sec. 63.3546
or Sec. 63.3556. New and reconstructed sources must meet the operating
limits at all times after they have been established during the
performance test, and existing sources must meet the operating limits
at all times after the compliance date.
* * * * *
0
4. Section 63.3510 is amended by revising paragraphs (c)(8)(ii) and
(iii) to read as follows:
Sec. 63.3510 What notifications must I submit?
* * * * *
(c) * * *
(8) * * *
(ii) For the emission rate without add-on controls option, provide
the calculation of the total mass of organic HAP emissions for each
month, the calculation of the total volume of coating solids used each
month, and the calculation of the 12-month organic HAP emission rate,
using Equations 1, 1A, 1B, 2, and 3, respectively, of Sec. 63.3531, or
Equation 4 of Sec. 63.3531, if applicable.
(iii) For the emission rate with add-on controls option, provide
the calculation of the total mass of organic HAP emissions for the
coatings and thinners used each month, using Equations 1, 1A, and 1B of
Sec. 63.3531; the calculation of the total volume of coating solids
used each month, using Equation 2 of Sec. 63.3531; the calculation of
the mass of organic HAP emission reduction each month by emission
capture systems and add-on control devices, using Equations 1 and 1A
through 1C of Sec. 63.3541, and Equations 2, 3, 3A, and 3B of Sec.
63.3541, as applicable; the calculation of the total mass of organic
HAP emissions each month, using Equation 4 of Sec. 63.3541, as
applicable; and the calculation of the 12-month organic HAP emission
rate, using the applicable equation, Equation 5 of Sec. 63.3541 or
Equation 4 of Sec. 63.3531.
* * * * *
0
5. Section 63.3511 is amended by revising the second sentence of
paragraph (a)(6)(ii) and the second sentence of paragraph (a)(7)(ii) to
read as follows:
Sec. 63.3511 What reports must I submit?
(a) * * *
(6) * * *
(ii) * * * You must provide the calculations for Equations 1, 1A,
1B, 2, and 3 in Sec. 63.3531 or Equation 4 in Sec. 63.3531, if
applicable; and, if applicable, the calculation used to determine mass
of organic HAP in waste materials according to Sec. 63.3531(e)(3). * *
*
* * * * *
(7) * * *
(ii) * * * You must provide the calculation of the total mass of
organic HAP emissions for the coatings and thinners used each month,
using Equations 1, 1A, and 1B of Sec. 63.3531 and, if applicable, the
calculation used to determine mass of organic HAP in waste materials
according to Sec. 63.3531(e)(3); the calculation of the total volume
of coating solids used each month, using Equation 2 of Sec. 63.3531;
the calculation of the mass of organic HAP emission reduction each
month by emission capture systems and add-on control devices, using
Equations 1 and 1A through 1C of Sec. 63.3541, and Equations 2, 3, 3A,
and 3B of Sec. 63.3541, as applicable; the calculation of the total
mass of organic HAP emissions each month, using Equation 4 of Sec.
63.3541; and the calculation of the 12-month organic HAP emission rate,
using Equation 5 of Sec. 63.3541, or Equation 4 in Sec. 63.3531, if
applicable. * * *
* * * * *
0
6. Section 63.3512 is amended by:
0
a. Revising paragraphs (c)(3), (c)(4) introductory text, (c)(4)(i), and
(c)(4)(iii); and
0
b. Adding paragraph (c)(4)(vi) to read as follows:
Sec. 63.3512 What records must I keep?
* * * * *
(c) * * *
(3) For the emission rate without add-on controls option, a record
of the calculation of the total mass of organic HAP emissions for the
coatings and thinners used each month, using Equations 1, 1A, 1B, and 2
of Sec. 63.3531 and, if applicable, the calculation used to determine
mass of organic HAP in waste materials according to Sec.
63.3531(e)(3); the calculation of the total volume of coating solids
used each month, using Equation 2 of Sec. 63.3531; and the calculation
of each 12-month organic HAP emission rate, using Equation 3 of Sec.
63.3531, or Equation 4 in Sec. 63.3531, if applicable.
(4) For the emission rate with add-on controls option, records of
the calculations specified in paragraphs (c)(4)(i) through (vi) of this
section.
(i) The calculation of the total mass of organic HAP emissions for
the coatings and thinners used each month, using Equations 1, 1A, and
1B of Sec. 63.3531 and, if applicable, the calculation used to
determine mass of organic HAP in waste materials according to Sec.
63.3531(e)(3).
* * * * *
(iii) The calculation of the mass of organic HAP emission reduction
by emission capture systems and add-on control devices, using Equations
1 and 1A through 1C of Sec. 63.3541, and Equations 2, 3, 3A, and 3B of
Sec. 63.3541, as applicable.
* * * * *
(vi) The OSEL calculation, if applicable, using Equation 4 of Sec.
63.3531.
* * * * *
0
7. Section 63.3521 is amended by adding a sentence to the end of the
introductory text to read as follows:
Sec. 63.3521 How do I demonstrate initial compliance with the
emission limitations?
* * * All required calculations and compliance demonstrations may
be performed with either metric or English units.
* * * * *
0
8. Section 63.3522 is amended by revising the second sentence in
paragraph (c) to read as follows:
Sec. 63.3522 How do I demonstrate continuous compliance with the
emission limitations?
* * * * *
(c) * * * If there were no deviations from the emission limitations
set forth in Sec. 63.3490, submit a statement that the coating
operation(s) was (were) in compliance with the emission limitations
during the reporting period because you used no coating for which the
organic HAP content exceeded the applicable emission limit in Sec.
63.3490, and you used no thinner that contained
[[Page 1384]]
organic HAP, as determined according to Sec. 63.3521(a).
* * * * *
0
9. Section 63.3531 is amended by adding a sentence to the end of the
introductory text to read as follows:
Sec. 63.3531 How do I demonstrate initial compliance with the
emission limitations?
* * * All required calculations and compliance demonstrations may
be performed with either metric or English units.
* * * * *
0
10. Section 63.3541 is amended by:
0
a. Adding a sentence to the end of paragraph (a);
0
b. Revising the third sentence and Equation 1 (defined terms) of
paragraph (h);
0
c. Removing paragraph (h)(3) and Equation 1C and redesignating
paragraph (h)(4) as (h)(3) and Equation 1D as Equation 1C, and revising
the newly redesignated paragraph (h)(3); and
0
d. Revising paragraph (i)(5) to read as follows:
Sec. 63.3541 How do I demonstrate initial compliance?
(a) * * * All required calculations and compliance demonstrations
may be performed with either metric or English units.
* * * * *
(h) Calculate the organic HAP emission reduction for each
controlled coating operation not using liquid-liquid material balances.
* * * The calculation applies the emission capture system efficiency
and add-on control device efficiency to the mass of organic HAP
contained in the coatings and thinners that are used in the coating
operation served by the emission capture system and add-on control
device during each month. * * *
* * * * *
Hunc = Total mass of organic HAP in the coatings and
thinners used during all deviations specified in Sec. 63.3542(c) and
(d) that occurred during the month in the controlled coating operation,
kg, as calculated in Equation 1C of this section.
* * * * *
(3) Calculate the mass of organic HAP in the coatings and thinners
used in the controlled coating operation during deviations specified in
Sec. 63.3542(c) and (d), using Equation 1C of this section.
[GRAPHIC] [TIFF OMITTED] TR06JA06.363
Where:
Hunc = Total mass of organic HAP in the coatings and
thinners used during all deviations specified in Sec. 63.3542(c) and
(d) that occurred during the month in the controlled coating operation,
kg.
Volh = Total volume of coating or thinner, h, used in the
controlled coating operation during deviations, liters.
Dh = Density of coating or thinner, h, kg per liter.
Wh = Mass fraction of organic HAP in coating or thinner, h,
kg organic HAP per kg coating.
q = Number of different coatings or thinners.
(i) Calculate the organic HAP emission reduction for each
controlled coating operation using liquid-liquid material balances. * *
*
(5) Measure the volume of each coating and thinner used in the
coating operation controlled by the solvent recovery system during the
month, liters.
* * * * *
0
11. Section 63.3544 is amended by revising the fifth sentence in
paragraph (b) to read as follows:
Sec. 63.3544 How do I determine the emission capture system
efficiency?
* * * * *
(b) * * * For the purposes of this test, a production run means the
time required for a single part to go from the beginning to the end of
production, and includes drying or curing time, but excludes surface
preparation activities.
* * * * *
0
12. Section 63.3546 is amended by revising paragraphs (g)(1) and (g)(2)
as follows:
Sec. 63.3546 How do I establish the emission capture system and add-
on control device operating limits during the performance test?
* * * * *
(g) * * *
(1) During the capture efficiency determination required by Sec.
63.3540 and described in Sec. Sec. 63.3543 and 63.3544, you must
monitor and record either the gas volumetric flow rate at a location
upstream of the control device, or the duct static pressure at a
location upstream of the primary fan in each duct of each capture
device or upstream of the fan that is common to multiple capture
devices at least once every 15 minutes during each of the three test
runs.
(2) Calculate and record the average gas volumetric flow rate or
duct static pressure for the three test runs for each capture device or
system of multiple capture devices. The average gas volumetric flow
rate is the minimum operating limit for that specific capture device or
system of multiple capture devices. The average duct static pressure is
the maximum operating limit for that specific capture device or system
of multiple capture devices.
0
13. Section 63.3547 is amended by:
0
a. Revising the first sentence of paragraph (a) introductory text,
0
b. Removing the second sentence of paragraph (a)(1), and
0
c. Revising paragraph (b)(1) to read as follows:
Sec. 63.3547 What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?
(a) General. You must install, operate, and maintain each CPMS
specified in paragraphs (c), (e), and (f) of this section according to
paragraphs (a) (1) through (6) of this section. * * *
* * * * *
(b) * * *
(1) Properly install, maintain, and operate a flow indicator that
takes a reading at least once every 15 minutes. The flow indicator
shall be installed at the entrance to any bypass line. Alternatively,
install, maintain, and operate a bypass line valve indicator or damper
indicator that indicates valve position.
* * * * *
0
14. Section 63.3557 is amended by revising the first sentence of
paragraph (a) introductory text and removing the second sentence of
paragraph (a)(1) to read as follows:
Sec. 63.3557 What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?
(a) General. You must install, operate, and maintain each CPMS
specified in paragraphs (c), (e), and (f) of this section according to
paragraphs (a)(1) through (6) of this section. * * *
* * * * *
0
15. Section 63.3561 is amended by revising the definition of ``capture
system'' to read as follows:
Sec. 63.3561 What definitions apply to this subpart?
* * * * *
Capture system means one or more capture devices intended to
collect emissions generated by a coating operation in the use of
coatings, both at the point of application and at subsequent points
where emissions from the coatings occur, such as flash-off, drying, or
curing.
* * * * *
0
16. Table 4 to Subpart KKKK of Part 63 is amended by redesignating Item
[[Page 1385]]
7.a.ii as 7.a.iii and adding a new Item 7.a.ii; and revising newly
redesignated Item 7.a.iii, and Items 8.a introductory text, 8.a.i,
8.a.ii, and 8.a.iii to read as follows:
Table 4 to Subpart KKKK of Part 63--Operating Limits if Using the
Emission Rate With Add-On Controls Option or the Control Efficiency/
Outlet Concentration Compliance Option
7. * * *
a. * * *
i. * * *
ii. Reducing the data collected each successive 15-minute period to
3-hour block averages according to Sec. 63.3547(a)(1) and (2) or Sec.
63.3557(a)(1) and (2), as applicable; and
iii. Maintaining the 3-hour block average facial velocity of air
flow through all natural draft openings or the pressure drop at or
above the facial velocity limit or pressure drop limit, and maintaining
the direction of air flow into the enclosure at all times.
8. * * *
a. The average gas volumetric flow rate at a location upstream of
the control device, or duct static pressure at a location upstream
(i.e., vacuum side) of the primary fan in each duct of each capture
device or upstream of the fan that is common to multiple capture
devices in each 3-hour period must not fall below the average
volumetric flow rate or above the duct static pressure limit
established for that capture device in accordance with Sec. 63.3546 or
Sec. 63.3556, as applicable.
i. Measuring the gas volumetric flow at a location upstream of the
control device, or duct static pressure at a location upstream (i.e.,
vacuum side) of the primary fan in each duct of each capture device
upstream or upstream of the fan that is common to multiple capture
devices; and
ii. Reducing the data collected each successive 15-minute period to
3-hour block averages according to Sec. 63.3547(a)(1) and (2) or Sec.
63.3557(a)(1) and (2), as applicable; and
iii. Maintaining the 3-hour block average gas volumetric flow rate
at a location upstream of the control device, or duct static pressure
at a location upstream (i.e., vacuum side) of the primary fan in each
duct of each capture device or upstream of the fan that is common to
multiple capture devices at or above the average gas volumetric flow
rate or below the duct static pressure limit established in accordance
with the performance test described in Sec. 63.3546(g).
[FR Doc. 06-70 Filed 1-5-06; 8:45 am]
BILLING CODE 6560-50-P