[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Rules and Regulations]
[Pages 39516-39519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19407]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6112-7]


National Emission Standards for Hazardous Air Pollutants for 
Industrial Process Cooling Towers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action corrects and clarifies 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. The rule is being revised to clarify that the 
owner or operator of a source that ceases use of chromium-based 
chemicals may demonstrate compliance with the standard through 
recordkeeping.

[[Page 39517]]

Because the rule merely clarifies the intent and coverage of the 
September 8, 1994 final rule, it has no impact on the environment 
beyond that of the original rule.

DATES: Effective Date. The direct final rule will be effective October 
21, 1998 if no timely adverse comments are received by September 21, 
1998.
    If a hearing is requested, the comment period will end October 6, 
1998. Should the EPA receive such comments, it will publish a timely 
withdrawal of the Direct Final rule in the Federal Register and inform 
the public that the rule will not take effect.
    Public Hearing. Anyone requesting a public hearing must contact EPA 
no later than August 3, 1998. If a hearing is held, it will take place 
on August 7, 1998.

ADDRESSES: Comments should be submitted (in duplicate, if possible) to: 
Air and Radiation Docket (6102), Attention Docket Number A-91-65, Room 
M-1500, U.S. Environmental Protection Agency, 401 M Street, SW 
Washington, DC 20460.
    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.

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:

I. Regulated Entities

    Entities potentially regulated by this action include:

------------------------------------------------------------------------
                                                Examples of regulated   
                 Category                             entities          
------------------------------------------------------------------------
Industry..................................  Industrial Process Cooling  
                                             Towers.                    
------------------------------------------------------------------------

    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 the 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. Comments

    If significant adverse comments are timely received on the direct 
final rule, all such comments will be addressed in a subsequent final 
rule based on the proposed rule contained in the Proposed Rules Section 
of this Federal Register that is identical to this direct final rule. 
The direct final rule will be withdrawn.
    This rule will become effective without further notice unless the 
Agency receives relevant adverse comment within 60 days of the 
publication of this document. Should the Agency receive such comments, 
it will publish a timely withdrawal and inform the public that this 
rule will not take effect.
    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.
    Subpart Q limits the discharge of chromium from industrial process 
cooling towers (IPCTs) located at major sources by prohibiting the use 
of chromium-based water treatment chemicals in those IPCTs. As 
authorized by section 112(h) of the Clean Air Act (the Act) this 
standard is a work practice standard. The standard specifies that 
owners and operators may not use chromium-based water treatment 
chemicals in IPCTs and that on or after 3 months after the compliance 
date a cooling water sample residual hexavalent chromium concentration 
in excess of 0.5 ppm shall indicate a violation of the standard. This 
document contains amendments to clarify the applicability of the final 
standard.

III. 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. At the time the final 
standard was promulgated in September of 1994, EPA believed that once 
an owner or operator ceased adding chromium-based chemicals to the IPCT 
water the residual chromium would fall below 0.5 ppm in all cases in 
less than 3 months. As a result, Sec. 63.404(b) was drafted to allow 3 
months for sources to reach a residual chromium reading of less than 
0.5 ppm. On or after 3 months after the compliance date the 
Administrator (or delegated authority) could require cooling water to 
be analyzed to determine whether the residual hexavalent chromium 
concentration exceeds 0.5 ppm by weight. A reading in excess of 0.5 ppm 
would indicate a violation of the standard.
    Since promulgation of the final rule EPA has learned that there are 
some IPCTs for which residual chromium remains higher than 0.5 ppm 
beyond 3 months after chromium-based chemicals cease to be added to the 
IPCT water. EPA has therefore concluded that sampling of cooling water 
to measure residual chromium may not always be an accurate measure of 
whether an owner or operator has ceased using chromium-based chemicals. 
Today's revisions to the September 1994 final rule provide that an 
owner or operator may demonstrate through recordkeeping that the 
chemicals used in the IPCT are not chromium-based. This revision does 
not change the underlying standard contained in 40 CFR 63.402 which 
provides that ``no owner or operator of an IPCT shall use chromium-
based water treatment chemicals in any affected IPCT.''
    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. This change does not alter the standard but rather rephrases 
it for clarity.

IV. 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

[[Page 39518]]

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 owners 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 by September 21, 1998. Include the ICR number in 
any correspondence.

B. Executive Order 12866

    Under Executive Order 12866, the EPA 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 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 was promulgated on 
September 8, 1994. The amendments issued 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

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule. EPA has also 
determined that this rule will not have a significant economic impact 
on a substantial number of small entities because it imposes no 
additional requirements, and adds compliance flexibility.

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 promulgated 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. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

F. Protection of Children From Environmental Health Risks and Safety 
Risks 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 direct final rule is not subject to Executive Order 13045, 
entitled Protection of Children from 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.
    For the reasons set out in the preamble, title 40, chapter I, part 
63,

[[Page 39519]]

subpart Q of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

Subpart Q--National Emission Standards for Hazardous Air Pollutants 
for Industrial Process Cooling Towers

    2. Section 63.404 is amended by revising the introductory language 
and paragraph (b), and by adding new paragraphs (c) and (d) to read as 
follows:


Sec. 63.404  Compliance demonstrations.

    No routine monitoring, sampling, or analysis is required. In 
accordance with section 114 of the Act, the Administrator or delegated 
authority can require cooling water sample analysis of an IPCT if there 
is information to indicate that the IPCT is not in compliance with the 
requirements of Sec. 63.402 of this subpart. The owner or operator of 
an IPCT may demonstrate compliance through recordkeeping in accordance 
with paragraph (c) of this section in lieu of a water sample analysis. 
If cooling water sample analysis is required:
    (a) * * *
    (b) On or after 3 months after the compliance date, a cooling water 
sample residual hexavalent chromium concentration equal to or less than 
0.5 parts per million by weight shall indicate compliance with 
Sec. 63.402. Alternatively, an owner or operator may demonstrate 
compliance through record keeping in accordance with paragraph (c).
    (c) To demonstrate compliance with Sec. 63.402, in lieu of the 
water sample analysis provided for in paragraph (a) of this section, 
the owner or operator of each IPCT may maintain records of water 
treatment chemical purchases, including invoices and other 
documentation that includes invoices and other documentation that 
includes date(s) of purchase or shipment, trade name or other 
information to identify composition of the product, and quantity of the 
product.
    (d) Following a request, by the Administrator or delegated 
authority, under paragraph (a) for a water sample analysis, failure to 
either meet the concentration level specified in paragraph (b) or 
provide the records specified in paragraph (c) shall indicate a 
violation of Sec. 63.402.

[FR Doc. 98-19407 Filed 7-22-98; 8:45 am]
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