[Federal Register Volume 73, Number 59 (Wednesday, March 26, 2008)]
[Rules and Regulations]
[Pages 15923-15930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6184]
[[Page 15923]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2006-0897; FRL-8547-1]
RIN 2060-AN44
Amendments to National Emission Standards for Hazardous Air
Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production,
Carbon Black Production, Chemical Manufacturing: Chromium Compounds,
Flexible Polyurethane Foam Production and Fabrication, Lead Acid
Battery Manufacturing, and Wood Preserving
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is publishing technical corrections through this direct
final action to amend the national emission standards for acrylic and
modacrylic fibers production, carbon black production, chemical
manufacturing: chromium compounds, flexible polyurethane foam
production and fabrication, lead acid battery manufacturing, and wood
preserving area sources published on July 16, 2007. The amendments
clarify certain provisions in two of the final area source rules
(flexible polyurethane foam production and fabrication and lead acid
battery manufacturing) and correct editorial and publication errors in
all of the final rules.
DATES: This rule is effective on June 24, 2008 without further notice,
unless EPA receives adverse comment by April 25, 2008. If EPA receives
adverse comment, we will publish a timely withdrawal in the Federal
Register informing the public that this rule, or the relevant
amendments in this rule, will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0897 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (202) 566-9744.
Mail: National Emission Standards for Hazardous Air
Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production,
Carbon Black Production, Chemical Manufacturing: Chromium Compounds,
Flexible Polyurethane Foam Production and Fabrication, Lead Acid
Battery Manufacturing, and Wood Preserving Docket, Environmental
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a total of two copies.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Ave., NW., 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.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0897. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.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.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the
National Emission Standards for Hazardous Air Pollutants for Area
Sources: Acrylic and Modacrylic Fibers Production, Carbon Black
Production, Chemical Manufacturing: Chromium Compounds, Flexible
Polyurethane Foam Production and Fabrication, Lead Acid Battery
Manufacturing, and Wood Preserving Docket, EPA Docket Center, Public
Reading Room, EPA West, Room 3334, 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: Ms. Sharon Nizich, Sector Policies and
Programs Division, Office of Air Quality Planning and Standards (D243-
02), Environmental Protection Agency, Research Triangle Park, North
Carolina 27711, telephone number: (919) 541-2825; fax number: (919)
541-3207; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. Why is EPA using a direct final rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. What should I consider as I prepare my comments to EPA?
V. What are the changes to the area source NESHAPs?
A. NESHAP for Acrylic and Modacrylic Fibers Production Area
Sources
B. NESHAP for Carbon Black Production Area Sources
C. NESHAP for Chemical Manufacturing Area Sources: Chromium
Compounds
D. NESHAP for Flexible Polyurethane Foam Production and
Fabrication Area Sources
E. NESHAP for Lead Acid Battery Manufacturing Area Sources
F. NESHAP for Wood Preserving Area Sources
VI. 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 Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
[[Page 15924]]
I. Why is EPA using a direct final rule?
EPA is publishing the rule without a prior proposed rule because we
view this as a noncontroversial action and anticipate no adverse
comment. The amendments to the national emission standards for
hazardous air pollutants (NESHAP) consist of clarifications and
corrections that do not make material changes to the rule requirements.
If we receive adverse comment on a distinct provision of this
rulemaking, we will publish a timely withdrawal in the Federal Register
indicating which provisions we are withdrawing. The provisions that are
not withdrawn will become effective on the date set out above,
notwithstanding adverse comment on any other provision.
II. Does this action apply to me?
The regulated categories and entities potentially affected by the
final rule include:
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Examples of regulated
Category NAICS code \1\ entities
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Industry:
Acrylic and modacrylic 325222 Area source facilities
fibers production. that manufacture
polymeric organic
fibers using
acrylonitrile as a
primary monomer.
Carbon black production.... 325182 Area source facilities
that manufacture
carbon black using the
furnace, thermal, or
acetylene
decomposition process.
Chemical manufacturing: 325188 Area source facilities
chromium compounds. that produce chromium
compounds, principally
sodium dichromate,
chromic acid, and
chromic oxide, from
chromite ore.
Flexible polyurethane foam 326150 Area source facilities
production. that manufacture foam
made from a
polyurethane polymer.
Flexible polyurethane foam 326150 Area source facilities
fabrication operations. that cut or bond
flexible polyurethane
foam pieces together
or to other
substrates.
Lead acid battery 335911 Area source facilities
manufacturing. that manufacture lead
acid storage batteries
made from lead alloy
ingots and lead oxide.
Wood preserving............ 321114 Area source facilities
that treat wood such
as lumber, ties,
poles, posts, or
pilings with a
preservative.
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\1\ 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 affected by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.11393 of
subpart LLLLLL (NESHAP for Acrylic and Modacrylic Fibers Production
Area Sources), 40 CFR 63.11400 of subpart MMMMMM (NESHAP for Carbon
Black Production Area Sources), 40 CFR 63.11407 of subpart NNNNNN
(NESHAP for Chemical Manufacturing Area Sources: Chromium Compounds),
40 CFR 63.11414 of subpart OOOOOO (NESHAP for Flexible Polyurethane
Foam Production and Fabrication Area Sources), 40 CFR 63.11421 of
subpart PPPPPP (NESHAP for Lead Acid Battery Manufacturing Area
Sources), or 40 CFR 63.11428 of subpart QQQQQQ (NESHAP for Wood
Preserving Area Sources). If you have any questions regarding the
applicability of this action to a particular entity, consult either the
air permit authority for the entity or your EPA regional representative
as listed in 40 CFR 63.13 of subpart A (General Provisions).
III. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this final action will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following signature, a
copy of this final action will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information
and technology exchange in various areas of air pollution control.
IV. What should I consider as I prepare my comments to EPA?
Do not submit information containing confidential business
information (CBI) to EPA through http://www.regulations.gov or e-mail.
Send or deliver information identified as CBI only to the following
address: Roberto Morales, OAQPS Document Control Officer (C404-02),
Office of Air Quality Planning and Standards, Environmental Protection
Agency, Research Triangle Park, North Carolina Attention Docket ID No.
EPA-HQ-OAR-2006-0897. Clearly mark all of the information that you
claim to be CBI. For CBI information in a disk or CD ROM that you mail
to EPA, mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information marked as CBI will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
V. What are the changes to the area source NESHAPs?
A. NESHAP for Acrylic and Modacrylic Fibers Production Area Sources
On July 16, 2007 (72 FR 38899), we issued the NESHAP for Acrylic
and Modacrylic Fibers Production Area Sources (40 CFR part 63, subpart
LLLLLL). The final rule establishes air emission control requirements
for new and existing acrylic or modacrylic fibers production plants.
These direct final rule amendments make one editorial correction to the
NESHAP. We are correcting a regulatory citation in the second sentence
of paragraph (a) in 40 CFR 63.11399 (Who implements and enforces this
subpart?) to add the phrase ``part 63,'' which was inadvertently
omitted from the final rule.
B. NESHAP for Carbon Black Production Area Sources
On July 16, 2007 (72 FR 38904), we issued the NESHAP for Carbon
Black Production Area Sources (40 CFR part 63, subpart MMMMMM). Subpart
MMMMMM establishes air emission control requirements for new and
existing carbon black production process units.
1. 40 CFR 63.11402
We are correcting a regulatory citation in 40 CFR 63.11402 (What
are the standards and compliance requirements for new and existing
sources?) to read ``Sec. 63.1103(f) of 40 CFR part 63, subpart YY''
instead of ``Sec. 63.1103 of subpart YY''.
[[Page 15925]]
2. 40 CFR 63.11406
We are also making an editorial correction to the second sentence
in paragraph (a) of 40 CFR 63.11406 (Who implements and enforces this
subpart?) to add the phrase ``part 63,'' which was inadvertently
omitted from the final rule.
C. NESHAP for Chemical Manufacturing Area Sources: Chromium Compounds
On July 16, 2007 (72 FR 38905), we issued the NESHAP for Chemical
Manufacturing Area Sources: Chromium Compounds (40 CFR part 63, subpart
NNNNNN). The final rule establishes air emission control requirements
for new and existing chromium compounds manufacturing facilities.
1. 40 CFR 63.11410(c)
We are revising paragraph (c)(3)(iii) of 40 CFR 63.11410 to correct
the biennial inspection requirements for wet electrostatic
precipitators. The first sentence in paragraph (c)(3)(iii) identifies
the components of the inside of the wet electrostatic precipitator that
must be inspected during periodic inspections, and incorrectly lists
``plate rappers'' as one of the components to be inspected. We intended
to make the periodic inspection requirements in 40 CFR 63.11410(c)(3)
consistent with the initial inspection requirements in 40 CFR
63.11410(b)(3), which lists ``plate wash spray heads'' as a component
that must be inspected but makes no mention of ``plate rappers''. The
amendment adds the term ``plate wash spray heads'' and removes the term
``plate rappers'' because wet electrostatic precipitators do not have
plate rappers and instead use water sprays to clean the plates. We are
also correcting a cross-referencing error in the second sentence of
paragraph (c)(3)(iii) which requires that if an initial inspection is
not required by paragraph (b)(2) of this section, the first inspection
must not be more than 24 months from the last inspection. We are
correcting the regulatory citation to read ``paragraph (b)(3) of this
section'' so that the sentence refers to the initial inspection
requirements for wet electrostatic precipitators instead of the initial
inspection requirements for dry electrostatic precipitators.
2. 40 CFR 63.11413
We are also making an editorial correction to the second sentence
of paragraph (a) in 40 CFR 63.11413 (Who implements and enforces this
subpart?) to add the phrase ``part 63,'' which was inadvertently
omitted from the final rule.
D. NESHAP for Flexible Polyurethane Foam Production and Fabrication
Area Sources
On July 16, 2007 (72 FR 38910), we issued the NESHAP for Flexible
Polyurethane Foam Production and Fabrication Area Sources (40 CFR part
63, subpart OOOOOO). The final rule applies to area source facilities
that produce flexible polyurethane foam or rebond foam and flexible
polyurethane foam fabrication facilities.
1. 40 CFR 63.11416
We are correcting a publication error in paragraph (b)(1) of 40 CFR
63.11416 (What are the standards for new and existing sources?).
Paragraph (b)(1) at 72 FR 38911 (third column) was incorrectly printed
as two separate paragraphs. We are correcting paragraph (b)(1) by
combining the two sentences into one paragraph.
2. 40 CFR 63.11417
We are clarifying a provision in 40 CFR 63.11417 (What are the
compliance requirements for new and existing sources?). Paragraph
(b)(2) of 40 CFR 63.11417 requires the owner or operator of a slabstock
flexible polyurethane foam production affected source who chooses to
comply with prohibition on the use of methylene chloride in the
production process to submit a notification of compliance status
report. The second sentence in paragraph (b)(2) specifies that the
notification of compliance status report must contain ``the information
detailed in Sec. 63.9(h)(2)(i) paragraphs (A) and (G)'' and that the
report contain a specific compliance certification as stated in the
rule. The amendment clarifies the NESHAP by removing the requirement
that the notification of compliance status report contain the
information detailed in Sec. 63.9(h)(2)(i) paragraphs (A) and (G). In
promulgating this rule, we did not intend to require compliance with
the General Provisions (40 CFR part 63, subpart A) for slabstock foam
production facilities that comply with the prohibition on the use of
methylene chloride.
3. Table 1 to Subpart OOOOOO of Part 63
We are revising the introductory statement for Table 1 to Subpart
OOOOOO of Part 63--Applicability of General Provisions to Subpart
OOOOOO. As noted in 40 CFR 63.11418 of the NESHAP, the general
provisions identified in Table 1 apply only to those affected sources
that are subject to 40 CFR 63.11416(b)(1). Sources subject to 40 CFR
63.11416(b)(1) are owners or operators of new or existing stabstock
polyurethane foam production affected sources who choose to comply with
the formulation limits for HAP auxiliary blowing agents. However, the
introductory statement for Table 1 states that ``as required in Sec.
63.11418, you must comply with the requirements of the NESHAP General
Provisions (40 CFR part 63, subpart A) as shown in the following
table.'' This statement could imply that the requirements in Table 1
apply to all owners or operators subject to the rule, which is not the
case. Therefore, we are clarifying the introductory statement to
specify that the requirements in Table 1 apply to sources subject to 40
CFR 63.11416(b)(1).
4. 40 CFR 63.11420
We are also making an editorial correction to the second sentence
in paragraph (a) of 40 CFR 63.11420 (Who implements and enforces this
subpart?) to add the phrase ``part 63,'' which was inadvertently
omitted from the final rule.
E. NESHAP for Lead Acid Battery Manufacturing Area Sources
On July 16, 2007 (72 FR 38913), we issued the NESHAP for Lead Acid
Battery Manufacturing Area Sources (40 CFR part 63, subpart PPPPPP).
Subpart PPPPPP establishes air emission control requirements for new
and existing lead acid battery manufacturing plants. We are finalizing
changes to the following sections.
1. 40 CFR 63.11423(c)
We are clarifying paragraph (c)(1) of 40 CFR 63.11423 (What are the
standards and compliance requirements for new and existing sources?).
Paragraph (c)(1) provides that existing sources are not required to
conduct a performance test if: (1) A prior performance test was
conducted using the same methods specified in 40 CFR 60.374 of the new
source performance standards (NSPS) for lead acid batteries and there
has been no process change at the facility, or (2) a prior performance
test was conducted using the same methods specified in 40 CFR 60.374
and the source can reliably demonstrate compliance with the
requirements notwithstanding process changes. Industry representatives
suggested, and we agree, that a clarification is needed to indicate
that ``compliance'' is intended to mean compliance with the standards
in 40 CFR 60.372 of the NSPS. Therefore, we are adding the phrase
``with this subpart'' after the word ``compliance''.
We are also correcting a cross-referencing error in paragraph
(c)(2) of
[[Page 15926]]
40 CFR 63.11423, which incorrectly states that the provisions for prior
performance tests are contained in paragraph (b) of this section. The
prior performance test provisions are contained in paragraph (c)(1). We
are correcting this error by changing the cross reference to cite
paragraph (c)(1) of this section.
2. 40 CFR 63.11425(c)
We are also correcting an error in the deadline for the owner or
operator of an existing source to submit the notification of compliance
status report required by 40 CFR 63.9(h) of the general provisions. The
date given in paragraph (c) of 40 CFR 63.11425 (What General Provisions
apply to this subpart?), September 15, 2008, was set by adding 60 days
to the compliance date for existing sources in the final rule. The
applicable general provisions of part 63, however, allow sources
additional time to submit the initial notification of compliance status
when a performance test is required by the relevant standard.
Specifically, 40 CFR 63.9(h)(2)(ii) requires the notification of
compliance status be submitted within 60 days following completion of
any compliance demonstration activity specified in the relevant
standard. The NESHAP for lead acid battery manufacturers requires
sources to conduct a performance test to demonstrate compliance, unless
a prior performance test is sufficient as set forth in 40 CFR
63.11423(c), and the general provisions at 40 CFR 63.7(a)(2) require a
source to conduct an initial performance test within 180 days of the
compliance date. In sum, the applicable general provisions allow
existing sources that cannot rely on a prior performance test to
demonstrate compliance up to 240 days to submit the notification of
compliance (180 days to conduct the performance test and 60 days to
submit the notification). Consequently, we are correcting the date
specified in 40 CFR 63.11425(c). The amended rule text now states:
``For existing sources, the initial notification of compliance required
by Sec. 63.9(h) must be submitted not later than March 13, 2009.''
3. 40 CFR 63.11426
We are also clarifying the introductory language in 40 CFR 63.11426
(What definitions apply to this subpart?) by removing the phrases ``as
specified in Sec. 63.11425(a)'' and ``as specified in Sec.
63.11425(b).'' We are removing these phrases because changes made to
the rule after proposal rendered the cross references to Sec. 63.11425
incorrect and confusing. These changes will prevent confusion over the
rule requirements because these references to 40 CFR 63.11425 no longer
have any meaning within the NESHAP. We are also adding ``40 CFR''
before the terms ``part 60'' and ``part 63'' to complete these
regulatory references.
4. 40 CFR 63.11427
We are also making an editorial correction to paragraph (a) of 40
CFR 63.11427 (Who implements and enforces this subpart?) to add the
phrase ``part 63,'' which was inadvertently omitted from the final
rule.
5. Table 1 to Subpart PPPPPP of Part 63
These direct final rule amendments also correct a publication error
in Table 1 to Subpart PPPPPP of Part 63--Applicability of General
Provisions to Subpart PPPPPP at 72 FR 38915 (second column). In this
correction, we are adding the words ``Notification Requirements'' to
the subject column for the citation to 40 CFR 63.9.
F. NESHAP for Wood Preserving Area Sources
On July 16, 2007 (72 FR 38915), we issued the NESHAP for Wood
Preserving Area Sources (40 CFR part 63, subpart QQQQQQ). Subpart
QQQQQQ establishes air emissions control requirements for new and
existing wood preserving operations.
1. 40 CFR 63.11432
We are correcting a regulatory citation in 40 CFR 63.11432 (What
General Provisions apply to this subpart?). The first sentence in
paragraph (b) of 40 CFR 63.11432 incorrectly refers to Sec. 63.9(a)(2)
as requiring an initial notification of applicability. We are
correcting the citation to read ``Sec. 63.9(b)(2).''
2. 40 CFR 63.11434
We are making an editorial correction to the second sentence in
paragraph (a) of 40 CFR 63.11434 (Who implements and enforces this
subpart?) to add the phrase ``part 63,'' which was inadvertently
omitted from the final rule.
4. Table 1 to Subpart QQQQQQ of Part 63
We are also correcting a publication error in Table 1 to Subpart
QQQQQQ of Part 63--Applicability of General Provisions to Subpart
QQQQQQ as published at 72 FR 38917 (second and third columns). We are
correcting the entry for Sec. 63.6(e)(3)(i), (e)(3)(iii) through
(e)(3)(ix), (f), (g), (h)(1), (h)(2), (h)(4), (h)(5)(i) through
(h)(5)(iii), (h)(5)(v), and (h)(6) through (h)(9) to remove the
information contained in the second column (Subject) and third column
(Applies to subpart QQQQQQ?) and add this information to the third and
fourth columns.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.
B. Paperwork Reduction Act
This action does not impose an information collection burden. EPA
is taking this action to make certain clarifications and corrections to
the six area source rules. These clarifications and corrections do not
include or affect any information collection requirements. However, the
Office of Management and Budget (OMB) has previously approved the
information collection requirements contained in the existing
regulations (40 CFR part 63) under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
number 2060-0598. The OMB control numbers for EPA's regulations in 40
CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule
would not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small not-for-
profit enterprises, and small governmental jurisdictions.
For the purposes of assessing the impacts of the area source NESHAP
on small entities, small entity is defined as: (1) A small business
that meets the Small Business Administration size standards for small
businesses found at 13 CFR 121.201 (less than 1,000 employees for
acrylic and modacrylic fibers production and chromium compounds
manufacturing and less than 500 employees for carbon black production,
flexible polyurethane foam production and fabrication, lead acid
battery manufacturing, and wood preserving); (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district, or
[[Page 15927]]
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 this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The
amendments contained in this final rule will not impose any
requirements or costs on small entities. These final amendments consist
only of clarifications and corrections in each of the NESHAP, and these
clarifications and corrections do not create any new requirements or
burdens. The clarifications and corrections in these final amendments
will facilitate compliance for small entities by making the
applicability of certain requirements easier to understand.
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, 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 to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that this action does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. EPA is taking this action to make certain
clarifications and corrections to each of the area source NESHAP. No
costs are associated with these clarifications and corrections. Thus,
this rule is not subject to the requirements of sections 202 and 205 of
the UMRA. In addition, EPA has determined that this action contains no
regulatory requirements that might significantly or uniquely affect
small governments. The clarifications and corrections made through this
action contain no requirements that apply to such governments, impose
no obligations upon them, and will not result in any expenditures by
them or any disproportionate impacts on them. This final rule is not
subject to section 203 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'' are 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.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This rule makes certain
clarifications and corrections to each of the area source NESHAP. These
final clarifications and corrections do not impose requirements on
State and local governments. Thus, Executive Order 13132 does not apply
to this rule.
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 6, 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.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. The final
rule makes certain clarifications and corrections to each of the area
source NESHAP. These final clarifications and corrections do not impose
requirements on tribal governments. They also have no 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. Thus, Executive Order
13175 does not apply to the final rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it makes
clarifications and corrections to each of the area source NESHAP that
are based solely on technology performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This final rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g.,
[[Page 15928]]
materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary
consensus bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency does not use available and applicable
voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The clarifications and corrections in this final rule do
not change the level of control required by the NESHAP.
K. 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 Congress and to the Comptroller General
of the United States. EPA will submit a report containing these final
rule amendments 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 final rule amendments in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). This final rule will be effective
on June 24, 2008.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: March 20, 2008.
Stephen L. Johnson,
Administrator.
0
For the reasons stated in the preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart LLLLLL--[Amended]
0
2. Section 63.11399 is amended by revising the second sentence in
paragraph (a) to read as follows:
Sec. 63.11399 Who implements and enforces this subpart?
(a) * * * If the U.S. EPA Administrator has delegated authority to
a State, local, or Tribal agency pursuant to 40 CFR part 63, subpart E,
then that Agency has the authority to implement and enforce this
subpart. * * *
* * * * *
Subpart MMMMMM--[Amended]
0
3. Section 63.11406 is amended by revising the second sentence in
paragraph (a) to read as follows:
Sec. 63.11406 Who implements and enforces this subpart?
(a) * * * If the U.S. EPA Administrator has delegated authority to
a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E,
then that Agency has the authority to implement and enforce this
subpart. * * *
* * * * *
Subpart NNNNNN--[Amended]
0
4. Section 63.11410 is amended by revising paragraph (c)(3)(iii) to
read as follows:
Sec. 63.11410 What are the compliance requirements?
* * * * *
(c) * * *
(3) * * *
(iii) You must conduct inspections of the interior of the
electrostatic precipitator to determine the condition and integrity of
corona wires, collection plates, plate wash spray heads, hopper, and
air diffuser plates every 24 months. If an initial inspection is not
required by paragraph (b)(3) of this section, the first inspection must
not be more than 24 months from the last inspection.
* * * * *
0
5. Section 63.11413 is amended by revising the second sentence in
paragraph (a) to read as follows:
Sec. 63.11413 Who implements and enforces this subpart?
(a) * * * If the U.S. EPA Administrator has delegated authority to
a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E,
then that Agency has the authority to implement and enforce this
subpart. * * *
* * * * *
Subpart OOOOOO--[Amended]
0
6. Section 63.11416 is amended by revising paragraph (b)(1) to read as
follows:
Sec. 63.11416 What are the standards for new and existing sources?
* * * * *
(b) * * *
(1) Comply with Sec. 63.1293(a) or (b) of subpart III, except that
you must use Equation 1 of this section to determine the HAP auxiliary
blowing agent (ABA) formulation limit for each foam grade instead of
Equation 3 of Sec. 63.1297 of subpart III. You must use zero as the
formulation limitation for any grade of foam where the result of the
formulation equation (using Equation 1 of this section) is negative
(i.e., less than zero):
[GRAPHIC] [TIFF OMITTED] TR26MR08.001
Where:
ABAlimit = HAP ABA formulation limitation, parts methylene chloride
ABA allowed per hundred parts polyol (pph).
IFD = Indentation force deflection, pounds.
DEN = Density, pounds per cubic foot.
* * * * *
[[Page 15929]]
0
7. Section 63.11417 is amended by revising the second sentence in
paragraph (b)(2) to read as follows:
Sec. 63.11417 What are the compliance requirements for new and
existing sources?
* * * * *
(b) * * *
(2) * * * The report must contain this certification of compliance,
signed by a responsible official, for the standards in Sec.
63.11416(b)(2): ``This facility uses no material containing methylene
chloride for any purpose on any slabstock flexible foam process.''
* * * * *
0
8. Section 63.11420 is amended by revising the second sentence in
paragraph (a) to read as follows:
Sec. 63.11420 Who implements and enforces this subpart?
(a) * * * If the U.S. EPA Administrator has delegated authority to
a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E,
then that Agency has the authority to implement and enforce this
subpart. * * *
* * * * *
0
9. The introductory text preceding Table 1 to Subpart OOOOOO is removed
and introductory text is added after the table heading to read as
follows:
Table 1 to Subpart OOOOOO of Part 63--Applicability of General
Provisions to Subpart OOOOOO
As required in Sec. 63.11418, sources subject to Sec.
63.11416(b)(1) must comply with the requirements of the NESHAP General
Provisions (40 CFR part 63, subpart A) as shown in the following table.
* * * * *
Subpart PPPPPP--[Amended]
0
10. Section 63.11423 is amended by revising paragraphs (c)(1) and (2)
to read as follows:
Sec. 63.11423 What are the standards and compliance requirements for
new and existing sources?
* * * * *
(c) * * *
(1) Existing sources are not required to conduct a performance test
if a prior performance test was conducted using the same methods
specified in 40 CFR 60.374 and either no process changes have been made
since the test, or you can demonstrate that the results of the
performance test, with or without adjustments, reliably demonstrate
compliance with this subpart despite process changes.
(2) Sources without a prior performance test, as described in
paragraph (c)(1) of this section, must conduct a performance test using
the methods specified in 40 CFR 60.374 by 180 days after the compliance
date.
0
11. Section 63.11425 is amended by revising paragraph (c) to read as
follows:
Sec. 63.11425 What General Provisions apply to this subpart?
* * * * *
(c) For existing sources, the initial notification of compliance
required by Sec. 63.9(h) must be submitted not later than March 13,
2009.
0
12. The introductory text to Sec. 63.11426 is revised to read as
follows:
Sec. 63.11426 What definitions apply to this subpart?
The terms used in this subpart are defined in the CAA; 40 CFR
60.371; 40 CFR 60.2 for terms used in the applicable provisions of 40
CFR part 60, subpart A; and Sec. 63.2 for terms used in the applicable
provisions of 40 CFR part 63, subpart A.
* * * * *
0
13. Section 63.11427 is amended by:
0
a. Revising the second sentence in paragraph (a);
0
b. Revising the first sentence in paragraph (b)(2);
0
c. Revising the first sentence in paragraph (b)(3); and
0
d. Revising the first sentence in paragraph (b)(4) to read as follows:
Sec. 63.11427 Who implements and enforces this subpart?
(a) * * * If the U.S. EPA Administrator has delegated authority to
a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E,
then that Agency has the authority to implement and enforce this
subpart. * * *
(b) * * *
(2) Approval of a major change to test methods under Sec.
63.7(e)(2)(ii) and (f). * * *
(3) Approval of a major change to monitoring under Sec. 63.8(f). *
* *
(4) Approval of a major change to recordkeeping/reporting under
Sec. 63.10(f). * * *
0
14. Table 1 to Subpart PPPPPP of Part 63 is amended by removing the
introductory text preceding the table and by adding introductory text
after the table heading; and revising the entry for Sec. 63.9 to read
as follows:
Table 1 to Subpart PPPPPP of Part 63--Applicability of General
Provisions to Subpart PPPPPP
As required in Sec. 63.11425, you must comply with the
requirements of the NESHAP General Provisions (40 CFR part 63, subpart
A) as shown in the following table.
----------------------------------------------------------------------------------------------------------------
Citation Subject Applies to subpart PPPPPP? Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
63.9.................................... Notification Requirements. Yes....................... ..............
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart QQQQQQ--[Amended]
0
15. Section 63.11432 is amended by revising the first sentence in
paragraph (b) introductory text to read as follows:
Sec. 63.11432 What General Provisions apply to this subpart?
* * * * *
(b) If you own or operate a new or existing affected source that
uses any wood preservative containing chromium, arsenic, dioxins, or
methylene chloride, you must submit an initial notification of
applicability required by Sec. 63.9(b)(2) no later than 90 days after
the applicable compliance date specified in Sec. 63.11429. * * *
* * * * *
0
16. Section 63.11434 is amended by revising the second sentence in
paragraph (a) to read as follows:
Sec. 63.11434 Who implements and enforces this subpart?
(a) * * * If the U.S. EPA Administrator has delegated authority to
a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E,
then that Agency has the authority to implement and enforce this
subpart. * * *
* * * * *
0
17. Table 1 to Subpart QQQQQQ of Part 63 is amended by removing the
introductory text preceding the table
[[Page 15930]]
and adding introductory text after the table heading; and revising the
entry, ``63.6(e)(3)(i), (e)(3)(iii)-(e)(3)(ix), (f), (g), (h)(1),
(h)(2), (h)(4), (h)(5)(i)-(h)(5)(iii), (h)(v)(v), (h)(6)-(h)(9)'' to
read as follows:
Table 1 to Subpart QQQQQQ of Part 63-Applicability of General
Provisions to Subpart QQQQQQ
As required in Sec. 63.11432, you must comply with the
requirements of the NESHAP General Provisions (40 CFR part 63, subpart
A) as shown in the following table.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applies to subpart
Citation Subject QQQQQQ? Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
63.6(e)(3)(i), (e)(3)(iii)-(e)(3)(ix), ......................... No...................... Subpart QQQQQQ does not require a startup, shutdown, and
(f), (g), (h)(1), (h)(2), (h)(4), malfunction plan or contain emission or opacity limits.
(h)(5)(i)-(h)(5)(iii), (h)(5)(v),
(h)(6)-(h)(9).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. E8-6184 Filed 3-25-08; 8:45 am]
BILLING CODE 6560-50-P