[Federal Register Volume 67, Number 226 (Friday, November 22, 2002)]
[Notices]
[Pages 70427-70429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29774]


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ENVIRONMENTAL PROTECTION AGENCY

[Docket ID No. OAR-2002-0036; AD-FRL-7412-5]


National Emission Standards for Hazardous Air Pollutants: 
Revision of Area Source Category List Under Section 112(c)(3) and 
112(k)(3)(B)(ii) of the Clean Air Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of revisions to the area source category list under the 
Integrated Urban Air Toxics Strategy.

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SUMMARY: This notice adds 23 area source categories of hazardous air 
pollutants (HAP) to the previous lists developed under the Integrated 
Urban Air Toxics Strategy (Strategy). With the addition of these 
categories, the requirement to identify and list area source categories 
representing at least 90 percent of the emissions of the 30 ``listed'' 
(or area source) HAP under section 112(c)(3) and 112(k)(3)(B)(ii) of 
the Clean Air Act (CAA) is fulfilled. The Strategy's area source 
category list constitutes an important part of EPA's agenda for 
regulating stationary sources of air topics emissions.
    These revisions to the list of area sources have not been reflected 
in any previous notices and are being made without public comment on 
the Administrator's own motion. Such revisions are deemed by EPA to be 
without need for public comment based on the nature of the actions.

EFFECTIVE DATE: November 22, 2002.

ADDRESSES: The official public docket is the collection of materials 
that is available for public viewing at the EPA Docket Center, (EPA/DC) 
EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara B. Driscoll, Policy, 
Planning and Standards Group, Emission Standards Division (C439-04), 
EPA, Research Triangle, Park, North Carolina 27711, facsimile number 
(919) 541-0942 telephone number (919) 541-1051, electronic mail (e-
mail): [email protected].

SUPPLEMENTARY INFORMATION: Docket. The EPA has established an official 
public docket for this action under the Docket ID No. OAR-2002-0036. 
The official public docket consists of the documents specifically 
referenced in this action, any public comments received and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The EPA Docket Center Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Reading Room is (202) 566-1744, and the 
telephone number for the Docket is (202) 566-1742. A reasonable fee may 
be charged for copying docket materials.
    Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the docket facility identified in this 
document. Once in the system, select ``search,'' then key in the 
appropriate docket identification.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's notice will also be available on the WWW 
through the Technology Transfer Network

[[Page 70428]]

(TTN). Following signature, a copy of the notice will be posted on the 
TTN's policy and guidance page, http://www.epg.gov/ttn/oarpg. The TNN 
provides information and technology exchange in various areas of air 
pollution control. If more information regarding the TNN is needed, 
call the TNN HELP line at (919) 541-5384.

I. What Is the History of the Integrated Urban Air Toxics Strategy Area 
Source Category List?

    The CAA includes two provisions, section 112(c)(3) and 
112(k)(3)(B)(ii), that instruct EPA to identify and list area source 
categories accounting for at least 90 percent of the emissions of the 
30 ``listed'' (or area source) HAP (64 FR 38706, July 19, 1999), and 
that are, or will be, subject to standards under section 112(d) of the 
CAA. For this effort, we have used urban area source information from 
the section 112(k) inventory, which represents a baseline year of 1990. 
In the July 1999 Strategy, we identified 16 area source categories that 
had already been listed for regulation under the CAA, and 13 area 
source categories that were being listed under section 112(c)(3) for 
the first time. These 29 area source categories are:
    [sbull] Cyclic Crude and Intermediate Production
    [sbull] Flexible Polyurethane Foam Fabrication Operations
    [sbull] Hospital Sterilizers
    [sbull] Industrial Inorganic Chemical Manufacturing
    [sbull] Industrial Organic Chemical Manufacturing
    [sbull] Mercury Cell Chlor-Alkali Plants
    [sbull] Gasoline Distribution Stage 1
    [sbull] Municipal Landfills
    [sbull] Oil and Natural Gas Production
    [sbull] Paint Stripping Operations
    [sbull] Plastic Materials and Resins Manufacturing
    [sbull] Publicly Owned Treatment Works
    [sbull] Synthetic Rubber Manufacturing
    [sbull] Chromic Acid Anodizing
    [sbull] Commercial Sterilization Facilities
    [sbull] Other Solid Waste Incinerators (Human/Animal Cremation)
    [sbull] Decorative Chromium Electroplating
    [sbull] Dry Cleaning Facilities
    [sbull] Halogenated Solvent Cleaners
    [sbull] Hard Chromium Electroplating
    [sbull] Hazardous Waste Combustors
    [sbull] Industrial Boilers
    [sbull] Institutional/Commercial Boilers
    [sbull] Medical Waste Incinerators
    [sbull] Municipal Waste Combustors
    [sbull] Open Burning Scrap Tires
    [sbull] Portland Cement
    [sbull] Secondary Lead Smelting
    [sbull] Stationary Internal Combustion Engines.
    Each of the first 13 area source categories above, which were 
listed for the first time in June 1999, contributed at least 15 percent 
of the total area source urban emissions for at least one of the 30 
area source HAP. We also took credit for the percentage of emission 
contribution from the last 16 area source categories on the list above. 
Since then, we added Secondary Aluminum Production to our list of major 
and area source categories (66 FR 8220, January 30, 2001). On June 26, 
2002, we listed an additional 18 area source categories:
    [sbull] Acrylic Fibers/Modacrylic Fibers Production
    [sbull] Plating and Polishing
    [sbull] Agricultural Chemicals & Pesticides Manufacturing
    [sbull] Autobody Refinishing Paint Shops
    [sbull] Cadmium Refining & Cadmium Oxide Production
    [sbull] Flexible Polyurethane Foam Production
    [sbull] Iron Foundries
    [sbull] Lead Acid Battery Manufacturing
    [sbull] Miscellaneous Organic Chemical Manufacturing (MON)
    [sbull] Pharmaceutical Production
    [sbull] Polyvinyl Chloride & Copolymers Production
    [sbull] Pressed and Blown Glass & Glassware Manufacturing
    [sbull] Secondary Copper Smelting
    [sbull] Secondary Nonferrous Metals
    [sbull] Sewage Sludge Incineration
    [sbull] Stainless and Nonstainless Steel Manufacturing Electric Arc 
Furnaces (EAF)
    [sbull] Steel Foundries
    [sbull] Wood Preserving.
    The listing of all these categories, however, did not meet the 
requirement to list area sources representing 90 percent of the area 
source emissions of the 30 area source HAP. In the Strategy, we 
indicated that we would be adding additional area source categories as 
necessary to meet the 90 percent requirement and would complete our 
listing by 2003.

II. Why Is EPA Issuing This Notice?

    Under the provisions of section 112(c)(3) and 112(k)(3)(B)(ii), 
this notice announces the addition of 23 area source categories to the 
list initially published on July 19, 1999 (64 FR 38721), amended on 
January 30, 2001 (66 FR 8220), and on June 26, 2002 (67 FR 43112). 
While this listing is again based on the section 112(k) inventory which 
represents urban area information for 1990, current information will be 
used for any type of regulatory development. Each of the source 
categories contributes a percentage of the total area source emissions 
for at least one of the 30 area source HAP and completes our 
requirement to address 90 percent of the emissions of each of the 30 
area source HAP. The additional area source categories being listed 
pursuant to section 112(c)(3) and 112(k)(3)(B)(ii) are:
    [sbull] Asphalt Processing and Asphalt Roofing Manufacturing
    [sbull] Brick and Structural Clay Products Manufacturing
    [sbull] Carbon Black Production
    [sbull] Chemical Manufacturing: Chromium Compounds
    [sbull] Chemical Preparations
    [sbull] Clay Ceramics Manufacturing
    [sbull] Industrial Machinery and Equipment: Finishing Operations
    [sbull] Copper Foundries
    [sbull] Electrical and Electronics Equipment: Finishing Operations
    [sbull] Ferroalloys Production: Ferromanganese and Silicomanganese
    [sbull] Fabricated Metal Products Manufacturing, not elsewhere 
classified (nec)
    [sbull] Fabricated Plate Work (Boiler Shops)
    [sbull] Fabricated Structural Metal Manufacturing
    [sbull] Heating Equipment Manufacturing, Except Electric
    [sbull] Inorganic Pigments Manufacturing
    [sbull] Iron and Steel Forging
    [sbull] Nonferrous Foundries, nec
    [sbull] Paints and Allied Products Manufacturing
    [sbull] Plastic Parts and Products (Surface Coating)
    [sbull] Prepared Feeds Manufacturing
    [sbull] Primary Copper Smelters
    [sbull] Primary Metals Products Manufacturing
    [sbull] Valves and Pipe Fittings Manufacturing
    In addition to adding these area source categories, EPA is also 
revising the name of the area source category Cadmium Refining and 
Cadmium Oxide Production to Primary Nonferrous Metals--Zinc, Cadmium 
and Beryllium. This category is also being expanded to include these 
other operations: Primary Smelting and Refining of Zinc, and Primary 
Nonferrous Metals. Expanding this source category to include these 
additional operations is needed to meet the 90 percent requirement for 
several HAP. The name of the area source category Lead and Acid Battery 
Manufacturing is also changed to Lead Acid Battery Manufacturing.
    In a recent notice, addressed in a separate Federal Register 
notice), the area source category Open Burning of Scrap Tires was 
removed from source categories included in the inventory analysis for 
section 112(c)(6) and 112(k). Consequently, that source category will 
no longer be a candidate for regulation

[[Page 70429]]

under either section 112(c)(6) or 112(k). As a result, two area source 
categories: Asphalt Processing and Asphalt Roof Manufacturing, and 
Carbon Black Production were added to the section 112(k) list above to 
ensure that 90 percent of the emissions of the HAP, polycyclic organic 
matter, are addressed.

III. Administrative Requirements

    Today's notice is not a rule; it is essentially an information-
sharing activity which does not impose regulatory requirements or 
costs. Therefore, the requirements of Executive Order 13045 (Protection 
of Children from Environmental Health Risks and Safety Risks), 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments), Executive Order 13132 (Federalism), Executive Order 13211 
(Actions Concerning Regulations that Significantly Affect Energy 
Supply, Distribution, or Use), the Regulatory Flexibility Act, the 
National Technology Transfer and Advancement Act, and the Unfunded 
Mandates Reform Act do not apply to today's notice. Also, this notice 
does not contain any information collection requirements and, 
therefore, is not subject to the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), a 
regulatory action determined to be ``significant'' is subject to the 
Office of Management and Budget (OMB) review and the requirements of 
the Executive Order. The Executive Order defines ``significant'' 
regulatory action as one that is likely to lead to a rule that may 
either: (1) Have an annual effect on the economy of $100 million or 
more, or adversely affect a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local or tribal governments or communities; (2) create a serious 
inconsistency or otherwise interfere with an action take 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 OMB has determined 
that this action is not significant under the terms of Executive Order 
12866.

    Dated: November 13, 2002.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 02-29774 Filed 11-21-02; 8:45 am]
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