[Federal Register Volume 66, Number 57 (Friday, March 23, 2001)]
[Rules and Regulations]
[Pages 16140-16143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7281]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6955-7]
RIN 2060-AF26


National Emission Standards for Hazardous Air Pollutants: 
Publicly Owned Treatment Works

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; corrections.

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

SUMMARY: On October 26, 1999, EPA promulgated the National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for Publicly Owned 
Treatment Works (POTW) (64 FR 57572). This final rule corrects 
grammatical, typographic, formatting, and cross-reference errors.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because the changes to the rule 
are minor technical corrections, are noncontroversial in nature, and do 
not substantively change the requirements of the POTW rule. Thus, 
notice and public procedure are unnecessary. We find that this 
constitutes good cause under 5 U.S.C. 553(b)(B).
    Section 553(d)(3) allows an agency, upon finding good cause, to 
make a rule effective immediately. Because today's changes do not 
substantively change the requirements of the POTW rule, we find good 
cause to make these amendments effective immediately.

EFFECTIVE DATE: March 23, 2001.

ADDRESSES: Docket No. A-96-46 contains the supporting information for 
the POTW final rule and this action. The docket is located at the U.S. 
EPA in room M-1500, Waterside Mall (ground floor), 401 M Street SW., 
Washington, DC 20460, and may be inspected from 8:00 a.m. to 5:30 p.m., 
Monday through Friday, excluding legal holidays. A reasonable fee may 
be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning these final 
corrections, contact Mr. Robert Lucas, Waste and Chemical Processes 
Group, 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) 541-0884, 
facsimile number: (919) 541-0246, electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Regulated entities. Categories and entities 
potentially affected by this action include:

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                   Category                         SICa        NAICSb              Regulated entities
----------------------------------------------------------------------------------------------------------------
Federal Government............................         4952        22132  Sewage treatment facilities, and
                                                                           federally owned treatment works.

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State/local/tribal governments................         4952        22132  Sewage treatment facilities, municipal
                                                                           wastewater treatment facilities, and
                                                                           publicly owned treatment works.
----------------------------------------------------------------------------------------------------------------
a Standard Industrial Classification
b North American Information Classification System

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that we are now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility, company, business, organization, etc., is regulated by 
this action, you should carefully examine the applicability criteria in 
Sec. 63.1580 of the rule. 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.
    World Wide Web (WWW). The text of today's document will also be 
available on the WWW through the Technology Transfer Network (TTN). 
Following signature, a copy of this action will be posted on the TTN's 
policy and guidance page for newly proposed or promulgated rules http//
www.epa.gov/ttn/oarpg. The TTN provides information and technology 
exchange in various areas of air pollution control. If more information 
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.

I. What Is the Background for These Corrections?

    On October 26, 1999 (64 FR 57573), we published the National 
Emission Standards for Hazardous Air Pollutants: Publicly Owned 
Treatment Works final rule. Today's action consists of editorial, 
cross-reference, and clarifying corrections to the promulgated rule. 
These corrections will become effective immediately (without further 
rulemaking action) on March 23, 2001. We have determined that it is 
unnecessary to provide prior notice and opportunity to comment on these 
corrections.
    As stated, we are correcting typographical, grammatical, and cross-
reference errors in the promulgated rule with this action. For example, 
as promulgated, we incorrectly use the word ``reconstructed'' in the 
last sentence of Sec. 63.1586(a) when referring to a defined term. The 
correct and intended term is ``reconstruction,'' and not 
``reconstructed,'' which is not defined. For another example, in 
Sec. 63.1589(a), we incorrectly cross reference performance standard 
provisions (i.e., Sec. 63.1586(b)) in lieu of intended equipment 
standard provisions (i.e., Sec. 63.1586(a)). We are correcting these 
errors with this action.
    Other examples of corrections we are making consist of revising the 
rule to include greater cross-reference specificity to increase the 
clarity of the rule. For example, Sec. 63.1589(a)(3), as promulgated, 
refers the reader to the provisions of Sec. 63.1588(a) for instances 
where repair of a defect is delayed. For clarity and consistency of 
specificity within the rule, we are clarifying that such provisions are 
found in Sec. 63.1588(a)(3). These cross-reference specificity 
amendments eliminate the need for the reader to look at all of 
paragraph (a) for the specified provisions.

II. What Are the Administrative Requirements for These Corrections?

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget (OMB). Because 
the EPA has made a ``good cause'' finding that this action is not 
subject to notice and comment requirements under the Administrative 
Procedure Act or any other statute, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Public Law 104-4). In addition, this action does 
not significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of the UMRA. This action also does not significantly or uniquely 
affect the communities of tribal governments, as specified by Executive 
Order 13084 (63 FR 27655, May 10, 1998). This action does not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, as specified in Executive Order 
13132 (64 FR 43255, August 10, 1999). This action also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is 
not economically significant.
    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Public Law No. 104-113), directs EPA to use 
voluntary consensus standards in their regulatory and procurement 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, business practices) developed or adopted by one or more 
voluntary consensus bodies. The NTTAA directs EPA to provide Congress, 
through annual reports to OMB, with explanations when an agency does 
not use available and applicable voluntary consensus standards.
    This final rule corrects grammatical, typographic, formatting, and 
cross-reference errors.
    This correction action does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing these corrections, 
the EPA has taken the necessary steps to eliminate drafting errors and 
ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct, as required by section 3 of Executive 
Order 12988 (61 FR 4729, February 7, 1996). The EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of these rule amendments in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under the executive 
order. These rule amendments do not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). The EPA's compliance with these statutes and 
Executive Orders for the underlying rule is discussed in the October 
26, 1999 final POTW rule.
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise

[[Page 16142]]

provided by the Congressional Review Act if the agency makes a good 
cause finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest. This determination must 
be supported by a brief statement (5 U.S.C. 808(2)). As stated 
previously, the EPA has made such a good cause finding, including the 
reasons therefor, and established an effective date of March 23, 2001. 
The 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 action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: February 23, 2001.
Robert D. Brenner,
Acting Assistant Administrator for Air and Radiation.
    For the reasons stated in the preamble, title 40, chapter I, part 
63 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 VVV--[Amended]

    2. Section 63.1586 is amended by revising the last sentence of 
paragraph (a) introductory text as follows:


Sec. 63.1586  What are the emission points and control requirements for 
a non-industrial POTW treatment plant?

* * * * *
    (a) * * * Reconstruction is defined in Sec. 63.1595.
* * * * *

    3. Section 63.1589 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (a)(3);
    c. Revising paragraph (b).
    The revisions read as follows:


Sec. 63.1589  What records must I keep?

    (a) To comply with the equipment standard specified in 
Sec. 63.1586(a), you must prepare and maintain the records required in 
paragraphs (a)(1) through (4) of this section:
* * * * *
    (3) In the event that repair of the defect is delayed, in 
accordance with the provisions of Sec. 63.1588(a)(3), you must also 
record the reason for the delay and the date you expect to complete the 
repair.
* * * * *
    (b) To comply with the performance standard specified in 
Sec. 63.1586(b), you must prepare and maintain the records required in 
paragraphs (b)(1) through (3) of this section:
    (1) A record of the methods and data used to determine your POTW's 
annual HAP emissions as determined in Sec. 63.1588(c)(2);
    (2) A record of the methods and data used to determine that your 
POTW meets the fraction emitted standard of 0.014 or less, as 
determined in Sec. 63.1588(c)(3); and
    (3) A record of the methods and data that demonstrates that your 
POTW is in continuous compliance with the requirements of 
Sec. 63.1588(c)(4).

    4. Section 63.1590 is amended by revising the last sentence of 
paragraph (b); and revising paragraph (c) as follows:


Sec. 63.1590  What reports must I submit?

* * * * *
    (b) * * * After you have been issued a title V permit, and each 
time a notification of compliance status is required under this 
subpart, you must submit the notification of compliance status to the 
appropriate permitting authority, as described in paragraph (d) of this 
section, following completion of the relevant compliance demonstration 
activity specified in this subpart.
    (c) You must comply with the delay of repair reporting required in 
Sec. 63.1588(a)(3).
* * * * *

    5. Section 63.1595 is amended by revising the definition for 
``Fraction emitted'' as follows:


Sec. 63.1595  List of definitions.

* * * * *
    Fraction emitted means the fraction of the mass of HAP entering the 
POTW wastewater treatment plant which is emitted prior to secondary 
treatment. The value is calculated using the following steps:
    (1) Determine mass emissions from all equipment up to, but not 
including, secondary treatment for each HAP listed in Table 1 to 
subpart DD of this part;
    (2) Sum the HAP emissions (E);
    (3) Sum the HAP mass loadings (L) in the influent to the 
POTW wastewater treatment plant; and
    (4) Calculate the fraction emitted (fe monthly) using 
fe monthly = E/L.
* * * * *

    6. Table 1 to Subpart VVV is amended by revising entries 
``63.1(a)(1)'' and ``63.5(b)(3)'' to read as follows:

     Table 1 to Subpart VVV--Applicability of 40 CFR Part 63 General
                        Provisions to Subpart VVV
------------------------------------------------------------------------
                                  Applicable to
 General provisions reference      subpart VVV          Explanation
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
Sec.  63.1(a)(1)..............  Yes                Terms defined in the
                                                    Clean Air Act.
 
*                  *                  *                  *
                   *                  *                *
Sec.  63.5(b)(3)..............  Yes                No new major sources
                                                    without
                                                    Administrator
                                                    approval.
 
*                  *                  *                  *
                  *                  *                  *
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[FR Doc. 01-7281 Filed 3-22-01; 8:45 am]
BILLING CODE 6560-50-U