[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Proposed Rules]
[Pages 39543-39545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19406]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6112-6]
National Emission Standards for Hazardous Air Pollutants for
Industrial Process Cooling Towers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action proposes to correct and clarify regulatory text of
the ``National Emission Standard for Hazardous Air Pollutants for
Industrial Process Cooling Towers,'' which was issued as a final rule
on September 8, 1994. This action proposes to allow sources the
alternative of demonstrating compliance with the standard through
recordkeeping in lieu of a water sample analysis. The standard itself
would not be changed. Because the proposed amendments to the rule are
minor, the Agency does not anticipate receiving adverse comments.
Consequently the revisions are also being issued as a direct final rule
in the final rules section of this Federal Register. If no adverse
comments are timely received, no further action will be taken with
respect to this proposal and the direct final rule will become final on
the date provided in that action.
DATES: Comments. Comments must be received on or before September 21,
1998, unless a hearing is requested by August 3, 1998. If a hearing is
held, written comments must be received by October 6, 1998.
Public Hearing. Anyone requesting a public hearing must contact the
EPA no later than August 3 , 1998. If a hearing is held, it will take
place on August 7, 1998, beginning at 10:00 a.m.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air and Radiation Docket and Information Center (6102),
Attention Docket Number A-91-65 (see docket section below), Room M-
1500, U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, DC 20460. EPA also requests that a separate copy also be
sent to the contact person listed below.
Public Hearing. If a public hearing is held, it will be held at the
EPA's Office of Administration Auditorium, Research Triangle Park,
North Carolina. Persons interested in attending the hearing or wishing
to present oral testimony should notify Mr. Phil Mulrine, Metals Group,
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, N.C. 27711, telephone (919) 541-5289.
Docket. Docket No. A-91-65, containing the supporting information
for the original standard and this action, is available for public
inspection and copying between 8:00 a.m. and 3:30 p.m., Monday through
Friday, at EPA's Air Docket Section, Waterside Mall, room 1500, 1st
Floor, 401 M Street, SW., Washington, DC 20460. A reasonable fee may be
charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Phil Mulrine, Metals Group,
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone (919)
541-5289.
SUPPLEMENTARY INFORMATION: Unless a hearing is requested (in which
case, the comment period is 75 days from date of publication), if no
significant adverse comments are received by September 21, 1998 no
further activity is contemplated in relation to this proposed rule and
the direct final rule in the final rules section of this Federal
Register will automatically go into effect on October 21, 1998. If
significant adverse comments are timely received, the direct final rule
will be withdrawn and all public comment received will be addressed in
a subsequent final rule. Because the EPA will not institute a second
comment period on this proposed rule, any parties interested in
commenting should do so during this comment period. If no timely
adverse comments are received the direct final rule will become final
October 21, 1998 and no further action is contemplated on the parallel
proposal published today.
On September 8, 1994 (59 FR 46339), the Environmental Protection
Agency (EPA) promulgated in the Federal Register national emission
standards for hazardous air pollutants for industrial process cooling
towers. These standards were promulgated as subpart Q in 40 CFR part
63. This document contains amendments to clarify the applicability of
the final standard.
I. Regulated Entities
Entities potentially regulated by this action include:
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Examples of regulated
Category entities
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Industry.................................. Industrial Process Cooling
Towers.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be interested in the
revisions to the regulation contained in this action. This table lists
the types of entities that EPA is now aware could potentially be
regulated by this action. To determine whether your facility is
affected by these revisions, you should carefully examine the language
of section 63.404 of title 40 of the Code of Federal Regulations. If
you have questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding For
Further Information Contact section.
II. Description of the Changes
Section 63.404 is being revised to clarify that compliance with the
standard can be demonstrated either by cooling water sampling analysis
or by recordkeeping which shows that the owner or operator has switched
to a non-chromium water treatment method.
In addition Sec. 63.404(b) is revised to clarify that a cooling
water sample showing residual hexavalent chromium of 0.5 parts per
million by weight or less shall be considered compliance with the
standard.
For the detailed rationale for these proposed changes, see the
information provided in the direct final rule in the final rules
section of this Federal Register.
[[Page 39544]]
III. Administrative
A. Paperwork Reduction Act
The information collection requirements in this rule will be
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request (ICR) document has been prepared by EPA
(ICR No. 1876.01) and a copy may be obtained from Sandy Farmer by mail
at OPPE Regulatory Information Division; U.S. Environmental Protection
Agency (2137); 401 M St., SW; Washington, DC 20460, by e-mail at
[email protected], or by calling (202) 260-2740. A copy may
also be downloaded off the internet at http://www.epa.gov/icr. The
information requirements are not effective until OMB approves them.
The information collected will be used as an alternative means of
compliance under Sec. 63.404. Owners of IPCT's are required to maintain
a cooling water concentration of residual hexavalent chromium equal to
or less than 0.5 parts per million. The owner of IPCT's can choose to
demonstrate compliance by maintaining records of chemical treatment
purchases instead of measuring the cooling water hexavalent chromium
concentration.
The recordkeeping burden is estimated to be 6 hours annually. The
rule has no reporting requirements so there is no burden associated
with reporting. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
Send comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden, including through the use of
automated collection techniques to the Director, OPPE Regulatory
Information Division; U.S. Environmental Protection Agency (2137); 401
M St., SW; Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th St., NW,
Washington, DC 20503, marked ``Attention: Desk Officer for EPA.''
Comments are requested within August 24, 1998. Include the ICR number
in any correspondence.
B. Executive Order 12866
Under Executive Order 12866, the EPA must determine whether the
proposed 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 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 Industrial Process Cooling Towers rule promulgated on September
8, 1994 was considered ``significant'' under Executive Order 12866 and
a regulatory impact analysis was prepared. The amendments proposed
today do not add any additional control requirements to the rule, but
rather would clarify the rule and add an alternative means of
compliance. It has been determined that these amendments are not a
``significant regulatory action'' under terms of Executive Order 12866
and, therefore, are not subject to review by the Office of Management
and Budget.
C. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment requirements unless the agency certified that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small government jurisdictions.
This proposed rule would not have a significant impact on a substantial
number of small entities. The proposed changes to the rule merely
clarify existing requirements, and increase flexibility by allowing an
alternative means of compliance, and therefore do not create any
additional burden for any of the regulated entities. Therefore, I
certify that this proposed action will not have a significant economic
impact on a substantial number of small entities.
D. Unfunded Mandates Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), 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, 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 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 proposed today does not
include a Federal mandate that will 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 Act do not apply to this action.
E. Protection of Children from Environmental Health Risks and Safety
Risk Under Executive Order 13045
The Executive Order 13045 applies to any rule that (1) OMB
determines is ``economically significant'' as defined under Executive
Order 12866, and (2) EPA determines the environmental health or safety
risk addressed by the rule has a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety aspects of the planned rule on
children; and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
The proposed rule is not subject to Executive Order 13045, entitled
Protection of Children from
[[Page 39545]]
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), because it does not involve decisions on environmental health
risks or safety risks that may disproportionately affect children.
List of Subjects in 40 CFR Part 63
Environmental Protection, Air pollution control, Hazardous
substances, Industrial process cooling towers, Reporting and
recordkeeping requirements.
Dated: June 12, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-19406 Filed 7-22-98; 8:45 am]
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