[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Rules and Regulations]
[Pages 4570-4572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2196]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6227-5]
RIN 2060-AE04


National Emission Standards for Hazardous Air Pollutants From 
Secondary Lead Smelting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: This action corrects the national emission standards for 
hazardous air pollutants (NESHAP) for new and existing secondary lead 
smelters. Specifically, the compliance date is corrected to December 
23, 1997, and a 5-year Title V permitting deferral for non-major 
sources is reinstated.

DATES: Effective Date: January 29, 1999.
    Judicial Review. Under section 307(b)(1) of the Act, judicial 
review of a 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 the publication of this final rule. Under section 307(b)(2) 
of the Act, the requirements that are the subject of this document may 
not be challenged later in civil or criminal proceedings brought by the 
EPA to enforce these requirements.


[[Page 4571]]


ADDRESSES: Docket. Docket No. A-92-43, containing information 
considered by the EPA in development of the promulgated standards, is 
available for public inspection and copying between 8:00 a.m. and 5:30 
p.m., Monday through Friday except for Federal holidays, at the 
following address: U.S. Environmental Protection Agency, Air and 
Radiation Docket and Information Center (MC-6102), 401 M Street, SW, 
Washington, DC 20460; telephone (202) 260-7548. The docket is located 
at the above address in Room M-1500, Waterside Mall (ground floor). A 
reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Metals Group, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711; telephone (919) 
541-2364.

SUPPLEMENTARY INFORMATION:

I. Overview

    The EPA promulgated the NESHAP for new and existing secondary lead 
smelters on June 23, 1995 (60 FR 32587). The compliance date was set at 
June 23, 1997. On December 12, 1996 (61 FR 65334), the EPA extended the 
compliance date to December 23, 1997. On June 13, 1997, the EPA amended 
the rule, and inadvertently reset the compliance date to June 23, 1997. 
This action corrects the compliance date to December 23, 1997, as 
extended in the December 12, 1996 amendment to the rule.
    On June 3, 1996, a 5-year Title V permitting deferral for area 
sources was added (61 FR 27785). Again, when the rule was amended on 
June 13, 1997, the deferral was inadvertently removed. This action 
reinstates the 5-year Title V permitting deferral for area sources.

II. Administrative Requirements

The Administrative Procedure Act

    Consistent with section 553(b) of the Administrative Procedure Act 
(APA), the EPA has found good cause that notice and an opportunity to 
comment on this action is unnecessary because this action merely 
corrects a typographical error and would not benefit from public 
comment. In addition, the EPA has found good cause under APA section 
553(d)(3) for waiving the APA's 30-day delay in effectiveness as to 
this final rule. It is important that this minor correction becomes 
effective immediately because it corrects a regulatory requirement that 
is currently applicable to affected facilities.

Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of this rulemaking. The docket 
is a dynamic file, since material is added throughout the rulemaking 
development. The docket system is intended to allow members of the 
public and affected industries to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the background information documents (BIDs) and preambles to 
the proposed and promulgated standards, the contents of the docket, 
excluding interagency review materials, will serve as the official 
record in case of judicial review (section 307(d)(7)(A) of the Act).

Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether a regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The EPA has determined that this correction to the 
final rule is not a ``significant regulatory action'' under the terms 
of the Executive Order and is therefore not subject to OMB review.

Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
Today's correction does not create a mandate on State, local or tribal 
governments. The correction does not impose any enforceable duties on 
these entities. Accordingly, the requirements of section 1(a) of 
Executive Order 12875 do not apply to this correction.

Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.'' Today's 
action does not significantly or uniquely affect the communities of 
Indian tribal governments. Accordingly, the requirements of section 
3(b) of Executive Order 13084 do not apply to this action.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., EPA must 
consider the paperwork burden imposed by any information collection 
request in a proposed or final rule. This action will not impose any 
new information collection requirements.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (or RFA, Public Law 96-354, 
September 19, 1980) requires Federal agencies to give special 
consideration to the impact of regulation on small businesses. The RFA 
specifies that a regulatory flexibility analysis must be prepared if a 
screening analysis indicates a regulation will have a significant 
economic impact on a substantial number of small entities. This action 
will not result in increased economic impacts to small entities.

[[Page 4572]]

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, EPA submitted a report 
containing this action 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).

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Pub. L. No. 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. This action does not involve 
technical standards.

Protection of Children from Environmental Health Risks and Safety Risk 
Under Executive Order 13045

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) is determined to be ``economically significant'' 
as defined under E.O. 12866, and (2) concerns an environmental health 
or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects 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. This action 
is not subject to E.O. 13045 because it is not economically 
significant, nor does it involve decisions based on environmental 
health or safety risks.

List of Subjects in 40 CFR Part 63

    Environmental protection, Compliance dates, Secondary lead 
smelters.

    Dated: January 22, 1999.
Robert Perciasepe,
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 63--[AMENDED]

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

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

    2. 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 the compliance 
schedule as stated in Sec. 63.546.
    3. Section 63.546 is amended by revising paragraph (a) as follows:


Sec. 63.546  Compliance dates.

    (a) Each owner or operator of an existing secondary lead smelter 
shall achieve compliance with the requirements of this subpart no later 
than December 23, 1997. Existing sources wishing to apply for an 
extension of compliance pursuant to section Sec. 63.6(i) of this part 
must do so no later than June 23, 1997.
* * * * *
[FR Doc. 99-2196 Filed 1-28-99; 8:45 am]
BILLING CODE 6560-50-U