[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Rules and Regulations]
[Page 38780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13275]

[[Page 38780]]



40 CFR Part 63

RIN 2060-AM72

National Emission Standards for Hazardous Air Pollutants: 
Miscellaneous Coating Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.


SUMMARY: On May 13, 2005, the EPA issued direct final amendments to the 
national emission standards for hazardous air pollutants (NESHAP) for 
Miscellaneous Coating Manufacturing. The amendments were issued as a 
direct final rule, along with a parallel proposal to be used as the 
basis for final action in the event EPA received any adverse comments 
on the direct final amendments. Because an adverse comment was received 
on one provision, EPA is withdrawing the corresponding parts of the 
direct final rule. We stated in that direct final rule that if we 
received adverse comment by June 13, 2005, we would publish a timely 
withdrawal in the Federal Register. We will address the adverse comment 
in a subsequent final action based on the parallel proposal published 
on May 13, 2005 (70 FR 25684). As stated in the parallel proposal, we 
will not institute a second comment period on this action.

DATES: As of July 6, 2005, EPA withdraws the direct final rule revision 
for 40 CFR 63.8055(b)(4), published on May 13, 2005 (70 FR 25676). The 
remaining provisions published on May 13, 2005, will be effective on 
July 12, 2005.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. OAR-2003-0178. All documents in the docket are listed in the index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at: Air and Radiation Docket, EPA/DC, EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the Air Docket is (202) 566-

FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Organic Chemicals 
Group, Emission Standards Division (Mail Code C504-04), U.S. EPA, 
Research Triangle Park, North Carolina 27711, telephone number (919) 
541-5402, electronic mail address [email protected].

SUPPLEMENTARY INFORMATION: On May 13, 2005, we published a direct final 
rule (70 FR 25676) and a parallel proposal (70 FR 25684) amending the 
NESHAP for Miscellaneous Coating Manufacturing (40 CFR part 63, subpart 
HHHHH). The direct final rule amended the NESHAP by providing 
additional compliance options and clarifications. Specifically, the 
direct final rule amendments specified that compliance with a percent 
reduction emission limit may be demonstrated by measuring total organic 
compounds (TOC), compliance with the weight percent hazardous air 
pollutant (HAP) limit in coatings products may be demonstrated based on 
formulation data, and the cover or lid on a process vessel may be 
opened for material additions and sampling. The direct final rule 
amendments also clarified the requirements for cleaning operations, the 
compliance date for equipment that is added to an existing source, the 
conditions under which you must determine whether an emission stream is 
a halogenated vent stream, and the terminology used to describe the 
emission limits for process vessels. The direct final rule amendments 
also revised the definition of Group 2 transfer operations to clarify 
that all product loading operations are part of the miscellaneous 
coating manufacturing. We stated in the preamble to the direct final 
rule and parallel proposal that if we received adverse comments by June 
13, 2005, (or if a public hearing was requested by May 23, 2005) on one 
or more distinct provisions of the direct final rule, we would publish 
a timely notice in the Federal Register specifying which provisions 
will become effective and which provisions will be withdrawn due to 
adverse comment. We subsequently received adverse comment from one 
commenter on the amendment to allow compliance with the weight percent 
HAP limit in coating products may be demonstrated based on formulation 
data. The commenter's claim is that if EPA does not allow the mass 
cutoffs of 0.1 percent for OSHA-defined carcinogens or 1 percent for 
other HAP used in Material Safety Data Sheets (MSDS), then the option 
is very limited.
    Accordingly, we are withdrawing the amendment, 40 CFR 
63.8055(b)(4). The amendment is withdrawn as of July 6, 2005. We will 
take final action on the proposed rule after considering the comment 
received. We also received a comment regarding chemical processes 
involving reactions that produce materials that may have a coating-
application end use. However, the commenter referred to preamble 
language merely clarifying existing rule language in overlapping 
standards, and not new language provided by the direct final rule. We 
have not changed any of the rule language discussed in the 
clarification of overlapping standards section of the preamble. Thus, 
this comment is not an adverse comment on the amendments themselves, 
but rather an adverse comment on the definition of coating 
manufacturing in the original rule.
    We will not institute a second comment period on this action. The 
provisions for which we did not receive adverse comment will become 
effective on July 12, 2005, as provided in the preamble to the direct 
final rule.

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 29, 2005.
Jeffrey R. Holmstead,
Assistant Administrator, Air and Radiation.
[FR Doc. 05-13275 Filed 7-5-05; 8:45 am]