[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]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-7933-2]
RIN 2060-AM72
National Emission Standards for Hazardous Air Pollutants:
Miscellaneous Coating Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.
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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-
1742.
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]
BILLING CODE 6560-50-P