[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Proposed Rules]
[Pages 35806-35809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15273]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2005-0084; FRL-9320-7]
RIN 2060-AM37
Amendments to National Emission Standards for Hazardous Air
Pollutants for Area Sources: Plating and Polishing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On June 12, 2008, EPA issued national emission standards for
control of hazardous air pollutants (HAP) for the plating and polishing
area source category under section 112 of the Clean Air Act (CAA). In
today's action, EPA is proposing to amend the national emission
standards for control of hazardous air pollutants (NESHAP) for the
plating and polishing area source category published on June 12, 2008.
The amendments to the area source standards for plating and polishing
area sources would clarify that the emission control requirements of
the plating and polishing area source NESHAP do not
[[Page 35807]]
apply to any bench-scale activities. Also, the amendments include
several technical corrections and clarifications that do not make
significant changes in the rule's requirements. In the ``Rules and
Regulations'' section of this Federal Register, we are amending the
area source standards for plating and polishing area sources as a
direct final rule without a prior proposed rule. If we receive no
adverse comment, we will not take further action on this proposed rule.
DATES: Written comments must be received by July 20, 2011. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0084, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Comments may be sent by electronic mail (e-mail)
to a-and-r-docket@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2005-
0084.
Fax: Fax your comments to: (202) 566-9744, Attention
Docket ID No. EPA-HQ-OAR-2005-0084.
Mail: Send your comments to: Air and Radiation Docket and
Information Center, Environmental Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID
No. EPA-HQ-OAR-2005-0084. Please include a total of two copies.
Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center, Room 3334, 1301 Constitution Avenue, NW.,
Washington, DC 20004. Such deliveries are accepted only 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.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0084. 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 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
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.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center,
Public Reading Room, EPA West Building, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m. Eastern Standard Time (EST), 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 and
Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Dr. Donna Lee Jones, 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) 541-5251; fax number:
(919) 541-3207; e-mail address: Jones.DonnaLee@epa.gov.
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. Why is EPA issuing this proposed rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. Why are we amending this rule?
V. What amendments are we making to this rule?
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
I. Why is EPA issuing this proposed rule?
This document proposes to take action on amendments to the national
emission standards for plating and polishing operations that are area
sources (40 CFR part 63, subpart WWWWWW). We have published a direct
final rule amending the area source standards for plating and polishing
operations in the ``Rules and Regulations'' section of this Federal
Register because we view this as a noncontroversial action and
anticipate no adverse comment. We have explained our reasons for this
action in the preamble to the direct final rule.
If we receive no adverse comment by July 20, 2011, we will not take
further action on this proposed rule. If we receive adverse comment, we
will withdraw the direct final rule and it will not take effect. We
would address all public comments in any subsequent final rule based on
this proposed rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
II. Does this action apply to me?
The regulated categories and entities potentially affected by the
proposed rule include:
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NAICS
Category code\1\ Examples of regulated entities
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Industry........................................ 332813 Area source facilities engaged in any one or more
types of nonchromium electroplating;
electropolishing; electroforming; electroless
plating, including thermal metal spraying,
chromate conversion coating, and coloring; or
mechanical polishing of metals and formed
products for the trade. Regulated sources do not
include chromium electroplating and chromium
anodizing sources, as those sources are subject
to 40 CFR part 63, subpart N, ``Chromium
Emissions From Hard and Decorative Chromium
Electroplating and Chromium Anodizing Tanks.''
Manufacturing................................... 32,33 Area source establishments engaged in one or more
types of nonchromium electroplating;
electropolishing; electroforming; electroless
plating, including thermal metal spraying,
chromate conversion coating, and coloring; or
mechanical polishing of metals and formed
products for the trade. Examples include: 33251,
Hardware Manufacturing; 323111, Commercial
Gravure Printing; 332116, Metal Stamping;
332722, Bolt, Nut, Screw, Rivet, and Washer
Manufacturing; 332811, Metal Heat Treating;
332812, Metal Coating, Engraving (except Jewelry
and Silverware), and Allied Services to
Manufacturers; 332913, Plumbing Fixture Fitting
and Trim Manufacturing; Other Metal Valve and
Pipe Fitting Manufacturing; 332999, All Other
Miscellaneous Fabricated Metal Product
Manufacturing; 334412, Bare Printed Circuit
Board Manufacturing; 336412, Aircraft Engine and
Engine Parts Manufacturing; and 339911, Jewelry
(except Costume) Manufacturing.
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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
proposed action. To determine whether your facility would be regulated
by this proposed action, you should examine the applicability criteria
in 40 CFR 63.11475 of subpart WWWWWW (NESHAP: Area Source Standards for
Plating and Polishing Operations). 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 Sec. 63.13 of the General Provisions to
part 63 (40 CFR part 63, subpart A).
III. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this proposed action will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following signature, a
copy of this proposed 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. Why are we amending this rule?
On July 1, 2008 (73 FR 37741), we issued the NESHAP for Area
Sources: Plating and Polishing (40 CFR part 63, subpart WWWWWW). The
final rule establishes air emission control requirements for new and
existing facilities that are area sources of hazardous air pollutants.
The final standards establish emission standards in the form of
management practices for new and existing tanks, thermal spraying
equipment, and dry mechanical polishing equipment in certain plating
and polishing processes. These final emission standards reflect EPA's
determination regarding the generally achievable control technology
(GACT) and management practices for the area source category.
In the time period since promulgation, it has come to our attention
that certain aspects of the rule as promulgated have led to
misinterpretations, inconsistencies, and confusion regarding the
applicability of the rule. Therefore, we are amending and correcting
parts of the rule to address these issues.
V. What are the changes to the area source NESHAP for plating and
polishing operations?
We are amending this rule to clarify and correct inconsistencies
and inadequacies of the rule language that have come to our attention
since promulgation. For a detailed description of the proposed
amendments, see the information provided in the direct final rule
published in the Rules and Regulations section of this Federal
Register.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13565: Improving Regulation and Regulatory 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 Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
These proposed amendments clarify that the emission control
requirements of the plating and polishing area source rule do not apply
to bench-scale activities. Also, several technical corrections and
clarifications that do not make material changes in the rule's
requirements have been made to the rule text. No new burden is
associated with these requirements because the burden was included in
the approved information collection request (ICR) for the existing
rule. However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations (40 CFR part 63 subpart WWWWWW) under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number control number 2060-0623. 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,
[[Page 35809]]
small not-for-profit enterprises, and small governmental jurisdictions.
For the purposes of assessing the impacts of this proposed rule on
small entities, small entity is defined as: (1) A small business that
meets the Small Business Administration size standards for small
businesses at 13 CFR 121.201 (whose parent company has fewer than 500
employees for NAICS code 332813); (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 this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. We have
determined that the small entities in this area source category will
not incur any adverse impacts because this action makes only technical
corrections and clarifications that increase flexibility and does not
create any new requirements or burdens. No costs are associated with
these amendments to the NESHAP.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. The term ``enforceable duty''
does not include duties and conditions in voluntary Federal contracts
for goods and services. Thus, this action is not subject to the
requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The technical
corrections and clarifications 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.
E. Executive Order 13132: Federalism
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The proposed rule makes certain
technical corrections and clarifications to the NESHAP for plating and
polishing area sources. These proposed corrections and clarifications
do not impose requirements on State and local governments. Thus,
Executive Order 13132 does not apply to the proposed rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed action does not have tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 6, 2000).
This proposed rule makes certain technical corrections and
clarifications to the NESHAP for plating and polishing area sources.
These proposed corrections and clarifications 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 this action.
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
technical corrections and clarifications to the area source NESHAP for
plating and polishing area sources which is based solely on technology
performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This proposed action is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104-113, section 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
Office of Management and Budget, explanations when the Agency does not
use available and applicable VCS.
This proposed rule does not involve technical standards. Therefore,
EPA did not consider the use of any VCS.
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 proposed 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 technical corrections and clarifications in this
proposed rule do not change the level of control required by the
NESHAP.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: June 14, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011-15273 Filed 6-17-11; 8:45 am]
BILLING CODE 6560-50-P