[Federal Register Volume 61, Number 243 (Tuesday, December 17, 1996)]
[Rules and Regulations]
[Pages 66226-66228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31344]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 63

[AD-FRL-5601-7]
RIN 2060-AE02
RIN 2060-AD98


National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Aerospace Manufacturing and Rework Facilities and 
Shipbuilding and Ship Repair (Surface Coating) Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: This action corrects the National Emission Standards for 
Hazardous Air Pollutants (NESHAP) for Aerospace Manufacturing and 
Rework Facilities and Shipbuilding and Ship Repair (Surface Coating) 
Operations promulgated in the Federal Register on September 1, 1995 (60 
FR 45948) and December 15, 1995 (60 FR 64330), respectively. This 
action also announces that the Information Collection Requirements 
(ICR) contained in the NESHAP for Shipbuilding and Ship Repair (Surface 
Coating) Operations have been approved by the Office of Management and 
Budget (OMB).

EFFECTIVE DATE: December 17, 1996.

FOR FURTHER INFORMATION CONTACT: For information on the aerospace 
manufacturing and rework facilities standard contact Mr. James Szykman 
at (919) 541-2452, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711. For information on the shipbuilding and ship repair (surface 
coating) standard contact Dr. Mohamed Serageldin at (919) 541-2379, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: The Administrator is invoking the ``good 
cause'' exception of the Administrative Procedures Act, 5 U.S.C. 
553(b)(3)(B), which allows an agency to promulgate rules without notice 
or the opportunity for comment when it finds that such procedures would 
be ``impracticable, unnecessary, or contrary to the public interest.'' 
Following notice and comment procedures for this rule would be 
unnecessary because the changes effected here are only minor 
corrections that do not changes the intended effect of the original 
rule. The Administrator is also invoking the good cause provision to 
make this rule immediately effective upon its date of publication.

I. Shipbuilding and Ship Repair (Surface Coating)

    The NESHAP for shipbuilding and ship repair (surface coating) 
operations was promulgated in the Federal Register on December 15, 1995 
(60 FR 64330) as subpart II of 40 CFR Part 63.
    The final rule contained (1) errors in numbering the incorporations 
by reference which were added to Sec. 63.14; (2) improper punctuation 
in Sec. 63.788(b)(3)(ii)(B); (3) a footnote to Table 2 of subpart II 
which incorrectly identified those coating categories that were not 
given cold-weather allowances; and (4) inappropriate use of the term 
``unaffected'' major sources in Sec. 63.788(b)(1). This action corrects 
these portions of the final rule. In addition, it amends the table in 
40 CFR Part 9 of ICR control numbers issued by OMB for approved 
collections of information in certain EPA regulations. At the time of 
publication of the final rule, the EPA did not have an approved ICR 
control number to add to the table. The OMB subsequently approved the 
ICR for the final NESHAP, and the approved ICR control number (2060-
0330) is being added to 40 CFR Part 9.

II. Aerospace Manufacturing and Rework Facilities

    The NESHAP for aerospace manufacturing and rework facilities was 
promulgated in the Federal Register on September 1, 1995 (60 FR 45948). 
A document of correction to the final rule was published in the Federal 
Register on February 9, 1996 (61 FR 4902) which corrected the deadline 
for existing sources to submit an initial notification to the 
Administrator.
    The amendatory language for this final rule correction 
inadvertently referenced paragraph (a)(1) instead of referencing 
paragraph (a)(2) of Section 63.753. The amendatory language should have 
read, ``Section 63.753 is amended by adding a new sentence to the 
beginning of paragraph (a)(2) as follows:'' This document includes the 
applicable language to make this correction.

Administrative Requirements

I. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated NESHAP were submitted to and approved by the Office of 
Management and Budget (OMB). A copy of the Information Collection 
Request (ICR) documents (OMB number 1414.02 and 1687.01, for 
shipbuilding and

[[Page 66227]]

aerospace, respectively) may be obtained from Sandy Farmer, Information 
Policy Branch (PM-223Y); U.S. Environmental Protection Agency; 401 M 
Street, SW; Washington, DC 20460 or by calling (202) 260-2740.
    Today's changes to the NESHAP should have no impact on the 
information collection burden estimates made previously.

II. Executive Order 12866 Review

    Under Executive Order 12866, the EPA must determine whether the 
proposed regulatory action is ``not 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 lead to 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 in 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.
    The Shipbuilding NESHAP promulgated on December 15, 1995 was 
determined to not be a ``significant regulatory action'' under 
Executive Order 12866. The Aerospace NESHAP promulgated on September 1, 
1995 has been determined to be a ``significant regulatory action'' 
under Executive Order 12866. The amendments issued today do not add any 
additional control requirements or costs. Therefore, this regulatory 
action does not affect the previous decisions and is not considered to 
be significant.

III. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, the EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

IV. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995, the 
EPA must prepare a budgetary impact statement to accompany any proposed 
or final rule that includes a Federal mandate that may result in 
estimated costs to State, local, or tribal governments in the 
aggregate; or to the private sector, of $100 million or more. Under 
Section 205, the EPA must select the least costly, most cost-effective 
or least burdensome alternative that achieves the objectives of the 
rule and is consistent with statutory requirements. Section 203 
requires the EPA to establish a plan for informing and advising any 
small governments that may be significantly or uniquely impacted by the 
rule.
    The EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector.
    Therefore, the requirements of the Unfunded Mandates Reform Act do 
not apply to this action.

List of Subjects

40 CFR Part 9

    Reporting and recordkeeping requirements.

40 CFR Part 63

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

    Dated: August 22, 1996.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.

    For the reasons set out in the preamble, Title 40, Chapter I of the 
Code of Federal Regulations is amended as follows:

PART 9--[AMENDED]

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.

    2. Section 9.1 is amended by adding the new entries under the 
indicated heading to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act

* * * * *

------------------------------------------------------------------------
                                                                  OMB   
                       40 CFR citation                          control 
                                                                  No.   
------------------------------------------------------------------------
                                                                        
                 *        *        *        *        *                  
   National Emission Standards for Hazardous Air Pollutants for Source  
                             Categories\3\                              
                                                                        
                  *        *        *        *        *                 
63.5(d).....................................................   2060-0330
63.787 (a)-(b)..............................................   2060-0330
63.788 (a)-(c)..............................................   2060-0330
                                                                        
                 *        *        *        *        *                  
------------------------------------------------------------------------
\3\ The ICRs referenced in this section of the Table encompass the      
  applicable general provisions contained in 40 CFR Part 63, subpart A, 
  which are not independent information collection requirements.        

PART 63--[AMENDED]

    3. The authority citation for Part 63 continues to read as follows:

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

    4. Section 63.14 is amended by redesignating paragraphs (b)(4) 
through (b)(14) added on December 15, 1995 at 60 FR 64336 as paragraphs 
(b)(8) through (b)(18).

Subpart GG--National Emission Standards for Aerospace Manufacturing 
and Rework Facilities

    5. Section 63.753 is amended by adding a new sentence to the 
beginning of paragraph (a)(2) to read as follows:


Sec. 63.753  Reporting requirements.

    (a)(1) * * *
    (2) The initial notification for existing sources, required in 
Sec. 63.9(b)(2) shall be submitted no later than September 1, 1997. * * 
*
* * * * *

Subpart II--National Emission Standards for Shipbuilding and Ship 
Repair (Surface Coating) Operations

    6. Section 63.788 is amended to revise the first sentence of 
paragraph (b)(1) as follows:
* * * * *


Sec. 63.788  Recordkeeping and Reporting Requirements.

* * * * *
    (b) * * *
    (1) Each owner or operator of a major source shipbuilding or ship 
repair facility having surface coating operations with less than 1000 
liters (L) (264 gallons (gal)) annual marine

[[Page 66228]]

coating usage shall record the total volume of coating applied at the 
source to ships. * * *
* * * * *
    7. Table 2 to Subpart II of Part 63, footnote (e) is revised as 
follows:
* * * * *
Table 2 to Subpart II of Part 63.--Volatile Organic HAP (VOHAP) Limits 
for Marine Coatings
* * * * *
    These limits apply during cold-weather time periods, as defined in 
Sec. 63.782. Cold-weather allowances are not given to coatings in 
categories that permit less than 40 percent volume solids 
(nonvolatiles). Such coatings are subject to the same limits regardless 
of weather conditions.
* * * * *
[FR Doc. 96-31344 Filed 12-16-96; 8:45 am]
BILLING CODE 6560-50-P