[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Rules and Regulations]
[Pages 27785-27788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13825]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5512-6]


National Emission Standards for Hazardous Air Pollutants for: 
Chromium Emissions From Hard and Decorative Chromium Electroplating and 
Chromium Anodizing Tanks; Ethylene Oxide Commercial Sterilization and 
Fumigation Operations; Perchloroethylene Dry Cleaning Facilities; and 
Secondary Lead Smelting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates final action to amend certain sections 
of the following promulgated standards: ``National Emission Standards 
for Chromium Emissions from Hard and Decorative Chromium Electroplating 
and Chromium Anodizing Tanks; Final Rule'' (subpart N); ``National 
Emission Standards for Hazardous Air Pollutants for Ethylene Oxide 
Commercial Sterilization and Fumigation Operations'' (subpart O); 
``National Emission Standards for Hazardous Air Pollutants for Source 
Categories: Perchloroethylene Dry Cleaning Facilities'' (subpart M); 
and ``National Emission Standards for Hazardous Air Pollutants from 
Secondary Lead Smelting'' (subpart X). Today's action amends the Final 
Rules' requirement that nonmajor sources (emitting or having the 
potential to emit less than 10 tons per year of any hazardous air 
pollutant or 25 tons per year of any combination of hazardous air 
pollutants) obtain title V operating permits. The action being taken 
today will substantially reduce the unnecessary and undue regulatory 
burden for States and local agencies, the EPA Regional Offices, and the 
industry during a time when all available resources are necessary for 
the initial implementation of the title V permit program for major 
sources. Sources are still required to meet all applicable emission 
control requirements established by the respective maximum achievable 
control technology (MACT) standards. The only change from proposal to 
promulgation is that the 5-year deferral option, as with the other 
rules, is also being provided for nonmajor sources in the secondary 
lead smelters (subpart X) source category.

DATES: Effective Date: June 3, 1996.
    Judicial Review: Under section 307(b)(1) of the Act, judicial 
review of national emission standards for hazardous air pollutants 
(NESHAP) is available only by filing a petition for review in the U.S. 
Court of Appeals for the District of Columbia Circuit within 60 days of 
today's publication of this final rule. Under section 307(b)(2) of the 
Act, the requirements that are the subject of today's notice may not be 
challenged later in civil or criminal proceedings brought by the EPA to 
enforce these requirements.

ADDRESSES: Docket. Docket No. A-88-02, containing the supporting 
information for the original subpart N NESHAP and this action, Docket 
No. A-88-03, containing the supporting information for the original 
subpart O NESHAP, Docket No. A-88-11, containing the supporting 
information for the original subpart M NESHAP, and Docket No. A-92-43, 
containing the supporting information for the original subpart X 
NESHAP, are available for public inspection and copying between 8:00 
a.m. and 5:30 p.m., Monday through Friday, at the EPA Air and Radiation 
Docket and Information Center, Waterside Mall, room M-1500, first 
floor, 401 M Street S.W., Washington, D.C. 20460, or by calling (202) 
260-7548. These dockets also contain information considered by the EPA 
in developing this final rule. A reasonable fee may be charged for 
copying.

FOR FURTHER INFORMATION CONTACT: Mr. Lalit Banker, Emission Standards 
Division (MD-13), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5420.

SUPPLEMENTARY INFORMATION:

I. Background

    The proposal notice was published in the Federal Register on 
December 13, 1995 (60 FR 64002). No public hearing was requested. 
Seventeen letters commenting on the proposed rule were received during 
the public comment period.

II. Summary

A. Summary of Changes Since Proposal

    The proposed rule offered title V permitting authorities the option 
to defer permitting of nonmajor sources in the following source 
categories: chromium electroplating and chromium anodizing tanks; 
ethylene oxide commercial sterilization and fumigation operations; and 
perchloroethylene dry cleaning facilities. The rule proposed permitting 
nonmajor secondary lead smelters on schedule. In response to public 
comments received and additional analyses performed by the EPA, one 
change has been made to the rule since proposal. The permitting 
authorities will be allowed the option to defer the nonmajor sources in 
the secondary lead smelters source category for 5 years from title V 
permit requirements similar to the option for nonmajor sources in the 
other source categories described in the proposal. Comments were also 
received on possible additional permanent exemptions for any of the 
source categories for which temporary exemptions were being considered. 
Although a majority of the comments supported permanent exemptions for 
these nonmajor sources, the EPA has decided not to grant permanent 
exemptions to any additional source categories at this time. However, 
the EPA will make a decision regarding additional permanent exemptions 
by the time the temporary exemptions expire. During the permit deferral 
period, the EPA will continue to evaluate the State/local agencies 
implementation and enforcement of the standards for nonmajor sources 
outside of a title V permit, the likely benefit of permitting such 
sources, and the costs and other burdens on such sources associated 
with obtaining a title V permit.

B. Significant Comments and Responses

    Comments on the proposed rule were received from the industry and 
State and local regulatory agencies. Except for one State agency, all 
commenters concurred with the EPA option to allow states to defer title 
V permit requirements for nonmajor sources. The representative for the 
State of Florida disagreed with this recommendation by contending that 
permitting the subject nonmajor sources through the use of title V 
general permits would not constitute an undue regulatory burden for a 
permitting agency, nor would such a mechanism be considered 
exceptionally onerous for small

[[Page 27786]]

businesses covered by the section 112 standards. The State of Florida 
maintains that a general permit is the most efficient and cost-
effective process by which States can implement emission standard 
requirements.
    The commenter articulated that the deferral of permitting 
requirements for area sources is problematic for the following reasons. 
First, the deferral will create unnecessary confusion for affected 
sources that will still be subject to the NESHAP requirements. Second, 
permits are needed to practically verify emission limitations and work 
practices to which a source is subject. Third, the commenter questions 
whether the enforcement of NESHAP requirements can be accomplished by 
means other than a permit. The commenters experience has been that 
small businesses support a general permit that states the applicable 
NESHAP requirements. Lastly, the commenter believes that the lack of a 
permit requirement will result in unequal enforcement of emission 
limitations by individual States or local air pollution control 
agencies.
    The EPA believes that the rationale described in the proposal for 
the temporary exemption option, as well as supportive public comments, 
strongly support the deferral of permitting for nonmajor sources; 
therefore, the EPA has not made any changes to this option. 
Nevertheless, the issues which the above commenter raises will be 
examined during the process of determining whether to permit or allow 
the exemption of nonmajor sources at the conclusion of the 5 year 
deferral. It should be noted that todays action does not preclude any 
State/local permitting authority from proceeding to permit the nonmajor 
sources discussed in this notice at their discretion during the 
deferral period.
    Two commenters specifically questioned the EPA's justification in 
not allowing the deferral of nonmajor secondary lead smelters. The EPA 
had proposed that requiring nonmajor secondary lead smelters to obtain 
Part 70 permits without delay would not be impracticable or infeasible 
for the State or local permitting authorities involved and would not 
unnecessarily burden these companies since, in contrast to the hundreds 
or thousands of sources in the four other source categories, there are 
only a few secondary lead smelters which are nonmajor sources. The 
commenters contend that requiring nonmajor secondary lead smelters to 
obtain a title V permit is also unnecessary and could cause undue 
burden both to the industry as well as to the State agencies and will 
not enhance any environmental benefits.
    Upon consideration of these comments and further evaluation, the 
EPA believes that the relatively few number of sources in a category is 
not an important distinction, and that States should, therefore, also 
be allowed to temporarily exempt nonmajor secondary lead smelters from 
permitting requirements, along with sources in the other source 
categories. This change from proposal is consistent with the EPA's 
decision for deferral for the other area source categories. As 
explained previously, comments were received on the other nonmajor 
source categories requesting an option for permanent permit exemptions. 
The EPA will continue to evaluate factors related to this issue and 
make a decision regarding permanent exemptions by the time the 
temporary exemptions expire. This ongoing evaluation reinforced the 
advisability of also providing the opportunity for the deferral of 
permits to secondary lead smelters, so that the permit requirements for 
all nonmajor sources can be addressed as a package. These nonmajor 
sources are still required to comply with the requirements of the 
promulgated standard for secondary lead smelters regardless of whether 
they will be permitted in the near term. While the EPA disagrees with 
the assertion that permitting under title V does not yield an 
environmental benefit, the EPA does agree that to require the immediate 
permitting of nonmajor secondary lead smelters is unnecessarily 
burdensome during the initial years of the title V program.

III. Administrative Requirements

A. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated National Emission Standards for Hazardous Air Pollutants 
(NESHAP) were submitted to and approved by the Office of Management and 
Budget (OMB). Today's changes to the NESHAP would not increase the 
information collection burden estimates made previously. In fact, they 
are expected to reduce the required paperwork by providing the 
opportunity for delays for some sources and exemptions for others from 
requirements to obtain a title V permit.

B. Executive Order 12866

    Under Executive Order 12866, the Agency must determine whether a 
regulatory action is ``significant'' and therefore subject to OMB 
review and the requirements of the Executive Order. The 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.
    Pursuant to the terms of the Executive Order, the OMB has notified 
the EPA that it does not consider this to be a ``significant regulatory 
action'' within the meaning of the Executive Order. Therefore, the EPA 
did not submit this action to the OMB for review.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the 
EPA to consider potential impacts of regulations on small entities. A 
regulatory flexibility analysis (RFA) is required if preliminary 
analysis indicates ``a significant economic impact on a substantial 
number of small entities''. As explained earlier in this rule, these 
amendments would reduce the impacts on small entities (specifically 
small businesses) by allowing States to delay some and exempt others 
from the requirement to obtain a title V permit.
    Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify 
that this rule will not have a significant economic impact on a 
substantial number of small entities.

D. Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)

    Subtitle E of SBREFA establishes opportunity for Congress to review 
and potentially disapprove nonmajor rules promulgated on or after March 
29, 1996 or major rules promulgated after March 1, 1996. With limited 
exceptions, it provides that no rule promulgated on or after March 29, 
1996, may take effect until it is submitted to Congress and the 
Comptroller General along with specified supporting documentation. 
Different requirements apply to major rules. This rule, which is 
nonmajor, is

[[Page 27787]]

being submitted to Congress in accordance with these requirements.

E. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``unfunded 
Mandates Act''), (signed into law on March 22, 1995) requires that the 
Agency prepare a budgetary impact statement to accompany any proposed 
or final rule that includes a Federal Mandate that may result in 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any 1 year. 
Section 203 requires the Agency to establish a plan for obtaining input 
from and informing, educating, and advising any small governments that 
may be significantly or uniquely affected by the rule.
    As explained earlier in this notice, these amendments would reduce 
the cost to State, local, and tribal governments and the private sector 
by allowing States to delay some and exempt others from the requirement 
to obtain a title V permit. Therefore, the EPA has not prepared a 
budgetary impact statement for these amendments.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: May 22, 1996.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is amended as set forth below:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart N--[Amended]

    2. Section 63.340 is amended by revising paragraph (e) to read as 
follows:


Sec. 63.340   Applicability and designation of sources.

* * * * *
    (e)(1) The Administrator has determined, pursuant to the criteria 
under section 502(a) of the Act, that an owner or operator of the 
following types of operations that are not by themselves major sources 
and that are not located at major sources, as defined under 40 CFR 
70.2, is permanently exempt from title V permitting requirements for 
that operation:
    (i) Any decorative chromium electroplating operation or chromium 
anodizing operation that uses fume suppressants as an emission 
reduction technology; and
    (ii) Any decorative chromium electroplating operation that uses a 
trivalent chromium bath that incorporates a wetting agent as a bath 
ingredient.
    (2) An owner or operator of any other affected source subject to 
the provisions of this subpart is subject to title V permitting 
requirements. These affected sources, if not major or located at major 
sources as defined under 40 CFR 70.2, may be deferred by the applicable 
title V permitting authority from title V permitting requirements for 5 
years after the date on which the EPA first approves a part 70 program 
(i.e., until December 9,1999). All sources receiving deferrals shall 
submit title V permit applications within 12 months of such date (by 
December 9, 2000). All sources receiving deferrals still must meet the 
compliance schedule as stated in Sec. 63.343.
    3. Section 63.342 is amended by revising the first sentence of 
paragraph (c)(2)(i)(B) and introductory text of paragraph (f)(3)(i) to 
read as follows:


Sec. 63.342   Standards.

* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (B) By accepting a Federally-enforceable limit on the maximum 
cumulative potential rectifier capacity of a hard chromium 
electroplating facility and by maintaining monthly records in 
accordance with Sec. 63.346(b)(12) to demonstrate that the limit has 
not been exceeded. * * *
* * * * *
    (f) * * *
    (3) * * *
    (i) The owner or operator of an affected source subject to the work 
practices of this paragraph (f) shall prepare an operation and 
maintenance plan to be implemented no later than the compliance date. 
The plan shall be incorporated by reference into the source's title V 
permit, if and when a title V permit is required. The plan shall 
include the following elements:
* * * * *


Sec. 63.344  [Amended]

    4. In Sec. 63.344, paragraphs (e)(3)(v) and (e)(4)(iv) are amended 
by revising the word ``less'' to read ``more''.
    5. Section 63.347 is amended by revising the introductory text in 
paragraph (e)(2) and paragraph (f)(1) to read as follows:


Sec. 63.347   Reporting requirements.

* * * * *
    (e) * * *
    (2) If the State in which the source is located has not been 
delegated the authority to implement the rule, each time a notification 
of compliance status is required under this part, the owner or operator 
of an affected source shall submit to the Administrator a notification 
of compliance status, signed by the responsible official (as defined in 
Sec. 63.2) who shall certify its accuracy, attesting to whether the 
affected source has complied with this subpart. If the State has been 
delegated the authority, the notification of compliance status shall be 
submitted to the appropriate authority. The notification shall list for 
each affected source:
* * * * *
    (f) * * *
    (1) If the State in which the source is located has not been 
delegated the authority to implement the rule, the owner or operator of 
an affected source shall report to the Administrator the results of any 
performance test conducted as required by Sec. 63.7 or Sec. 63.343(b). 
If the State has been delegated the authority, the owner or operator of 
an affected source should report performance test results to the 
appropriate authority.
* * * * *
    6. Table 1 to subpart N of Part 63 is amended by revising the entry 
for ``63.5(a)'' to read as follows:

                 Table 1 to Subpart N of Part 63--General Provisions Applicability to Subpart N                 
----------------------------------------------------------------------------------------------------------------
     General provisions reference                Applies to subpart N                        Comment            
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
63.5(a)...............................  Yes...................................  Except replace the term         
                                                                                 ``source'' and ``stationary    
                                                                                 source'' in Sec.  63.5(a) (1)  
                                                                                 and (2) of subpart A with      
                                                                                 ``affected sources.''          
                                                                                                                

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Subpart O--[Amended]

    7. Section 63.360 is amended by revising paragraph (f) to read as 
follows:


Sec. 63.360  Applicability.

* * * * *
    (f) The owner or operator of a source, subject to the provisions of 
the title 40, chapter I, part 63 subpart O, using 1 ton (see 
definition) is subject to title V permitting requirements. These 
affected sources, if not major or located at major sources as defined 
under 40 CFR 70.2, may be deferred by the applicable title V permitting 
authority from title V permitting requirements for 5 years after the 
date on which the EPA first approves a part 70 program (i.e., until 
December 9, 1999). All sources receiving deferrals shall submit title V 
permit applications within 12 months of such date (by December 9, 
2000). All sources receiving deferrals still must meet compliance 
schedule as stated in this Sec. 63.360.
* * * * *

Subpart M--[Amended]

    8. Section 63.320 is amended by adding paragraph (k) to read as 
follows:


Sec. 63.320  Applicability.

* * * * *
    (k) The owner or operator of any source subject to the provisions 
of this subpart M is subject to title V permitting requirements. These 
affected sources, if not major or located at major sources as defined 
under 40 CFR 70.2, may be deferred by the applicable title V permitting 
authority from title V permitting requirements for 5 years after the 
date on which the EPA first approves a part 70 program (i.e., until 
December 9, 1999). All sources receiving deferrals shall submit title V 
permit applications within 12 months of such date (by December 9, 
2000). All sources receiving deferrals still must meet compliance 
schedule as stated in this Sec. 63.320.

Subpart X--[Amended]

    9. Section 63.541 is amended by adding paragraph (c) to read as 
follows:


Sec. 63.541  Applicability.

* * * * *
    (c) The owner or operator of any source subject to the provisions 
of this subpart X is subject to title V permitting requirements. These 
affected sources, if not major or located at major sources as defined 
under 40 CFR 70.2, may be deferred by the applicable title V permitting 
authority from title V permitting requirements for 5 years after the 
date on which the EPA first approves a part 70 program (i.e., until 
December 9, 1999). All sources receiving deferrals shall submit title V 
permit applications within 12 months of such date (by December 9, 
2000). All sources receiving deferrals still must meet compliance 
schedule as stated in Sec. 63.546.

[FR Doc. 96-13825 Filed 6-3-96; 8:45 am]
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