[Federal Register Volume 68, Number 48 (Wednesday, March 12, 2003)]
[Rules and Regulations]
[Pages 11745-11747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5713]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-7463-2]


National Emission Standards for Hazardous Air Pollutants: Rubber 
Tire Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: This action corrects errors and clarifies regulatory text of 
the ``National Emission Standards for Hazardous Air Pollutants: Rubber 
Tire Manufacturing,'' which was issued as a final rule on July 9, 2002. 
These technical corrections will not change the level of health 
protection the final rule provides or the standards established by the 
rule.
    Section 553 of the Administrative Procedure Act (APA), 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 action final without prior 
proposal and opportunity for comment because the changes to the rule 
are minor technical corrections, are noncontroversial, and do not 
substantively change the requirements of the rule. Thus, notice and 
public procedure are unnecessary. We find that this constitutes good 
cause under 5 U.S.C. 553(b)(B) (see also the final sentence of section 
307(d)(1) of the Clean Air Act, 42 U.S.C. 7607(d)(1), indicating that 
the good cause provisions of the APA continue to apply to this type of 
rulemaking under the Clean Air Act).
    Section 553(d)(3) allows an agency, upon a finding of good cause, 
to make a rule effective immediately. Because today's changes do not 
substantively change the requirements of the rule, we find good cause 
to make these technical corrections effective immediately.

EFFECTIVE DATE: March 12, 2003.

FOR FURTHER INFORMATION CONTACT: Anthony P. Wayne, Policy Planning and 
Standards Group, Emission Standards Division, C439-04, U.S. EPA, 
Research Triangle Park, North Carolina, 27711, telephone number (919) 
541-5439; Fax (919) 541-0942; Electronic mail address: 
[email protected].

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

------------------------------------------------------------------------
              Category                NAICS \a\     Regulated entities
------------------------------------------------------------------------
Industry............................    326211   Rubber Tire
                                                  Manufacturing.
                                        326212   Facilities.
                                       314992
------------------------------------------------------------------------
\a\ North American Information Classification System.

    This list is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.5981. If you 
have questions regarding the applicability of this action to a 
particular entity, consult your State or local agency (or EPA Regional 
Office) described in the preceding FOR FURTHER INFORMATION CONTACT 
section.
    Docket. The EPA has established an official public docket for this 
action under Docket ID No. OAR-2002-0089. The official public docket 
consists of the documents that are available for public viewing in the 
Rubber Tire Manufacturing NESHAP Docket at the EPA Docket Center (Air 
Docket), EPA West, Room B-108, 1301 Constitution Avenue, NW., 
Washington, DC 20004. The Docket Center 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) 566-1742. 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.
    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 also available 
through EPA's new electronic public docket, EPA Dockets. You may use 
EPA Dockets at http://www.epa.gov/rpas/ to access the index listing of 
the contents of the official public docket for this action, as well as 
access those documents in the public docket that are available 
electronically. Once in the system, select ``search,'' then key in the 
docket identification number that EPA has established for this action.
    Certain types of information will not be placed in the EPA Docket. 
Information claimed as CBI, and other information whose disclosure is 
restricted by statute which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket either. The EPA's policy is that copyrighted material 
will not be placed in EPA's electronic public docket but will be 
available only in printed, paper form in the official public docket. To 
the extent feasible, publicly available supporting materials for this 
action will be made available in EPA's electronic public docket. When a 
document is selected from the index list in the EPA Docket, the system 
will identify whether the document is available for viewing in EPA's 
electronic public docket. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the Docket Center identified in this 
notice. The EPA intends to work toward providing electronic access to 
all of the publicly available docket materials through EPA's electronic 
public docket.

[[Page 11746]]

    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the final rule correction notice will also be 
available on the WWW through the Technology Transfer Network (TTN). 
Following signature, a copy of the final rule correction notice 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. Correction

    On July 9, 2002 (67 FR 45588), the EPA promulgated the national 
emission standards for hazardous air pollutants (NESHAP) for rubber 
tire manufacturing as subpart XXXX in 40 CFR part 63. Today's action 
contains notification of typographical errors and corrections to 
clarify wording changes. The corrections will become effective 
immediately (without further rulemaking action) on March 12, 2003.
    Table 17 to subpart XXXX contains two citations that indicate the 
applicability of the general provisions of 40 CFR part 63, subpart 
XXXX. Specifically, Sec. Sec.  63.9(f), (g) and 63.10(b)(2)(i)-(iv) are 
referenced. The applicability of these provisions to subpart XXXX were 
indicated in the wrong columns of the table. Sections 63.9(f) and (g) 
are not applicable to subpart XXXX. Section 63.10(b)(2)(i)-(iv) is 
applicable to subpart XXXX when a control device is employed to meet 
the emission standards of subpart XXXX. Section 63.10(b)(2)(i)-(iv) is 
not applicable when a control device is not employed to comply with the 
emission standards of subpart XXXX. Today's action notifies interested 
parties of the corrections.
    Several editorial changes are being made to clarify the intent of 
the provisions. Terminology in Sec.  63.5994(c)(4), Equation 4, is 
being revised to clarify and correct the definition of the term 
HAPk. The term HAPk refers to the mass percent, 
expressed as a decimal, of all hazardous air pollutants (HAP) in cement 
and solvent. The term incorrectly stated ``of the specified HAP.'' The 
revision to the term definition will correct the inconsistency in 
Equation 4.
    The definition of cements and solvents, Sec.  63.6015, is being 
revised to clarify a specific item in the list of cements and solvents 
subject to the Rubber Tire Manufacturing final rule. The list of 
cements and solvents includes materials used to clean process 
equipment. The word ``clean'' was inadvertently left out of the final 
rule. The revision to include the word ``clean'' clarifies the intended 
meaning of the applicable cements and solvents.

II. Statutory and Executive Order Reviews

    Under Executive Order 12866, Regulatory Planning and Review (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). This action is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).
    The technical correction does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    Because EPA has made a ``good cause'' finding that this action is 
not subject to notice and comment requirements under the APA 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 
(Pub. L. 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.
    The technical correction does not have substantial direct effects 
on the States, or on the relationship between the national government 
and the States, as specified in Executive Order 13132, Federalism (64 
FR 43255, August 10, 1999).
    Today's action also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments (65 
FR 67249, November 6, 2000).
    The technical correction also is not subject to Executive Order 
13045, Protection of Children from Environmental Health and Safety 
Risks (62 FR 19885, April 23, 1997) because it is not economically 
significant.
    The technical correction is not subject to Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.
    The technical correction action does not involve changes to the 
technical standards related to test methods or monitoring methods; 
thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272) does not apply.
    The technical correction also does not involve special 
consideration of environmental justice-related issues as required by 
Executive Order 12898, Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994).The EPA has complied with Executive Order 12630, 
Governmental Actions and Interference With Constitutionally Protected 
Property Rights (Takings) (53 FR 8859, March 15, 1988) by examining the 
takings implications of this rule correction in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under the Executive 
Order.
    In issuing the technical correction, 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, Civil Justice Reform 
(61 FR 4729, February 7, 1996).
    The Congressional Review Act (CRA)(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 provided by the CRA 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, EPA has made such a good cause finding, including 
the reasons therefore, and established an effective date of March 12, 
2003. 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.
    The EPA's compliance with these statutes and Executive Orders for 
the underlying rule is discussed in the July 9, 2002, Federal Register 
notice containing the Rubber Tire Manufacturing final rule (67 FR 
45588).

[[Page 11747]]

List of Subjects for 40 CFR Part 63

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

    Dated: March 3, 2003.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.

    For the reasons set out in the preamble, title 40, chapter I, part 
63, subpart XXXX 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 XXXX--[Amended]

    2. Section 63.5994(c)(4) is amended by revising the term 
HAPk to read as follows:


Sec.  63.5994  How do I conduct tests and procedures for tire 
production affected sources?

* * * * *
    (c) * * *
    (4) * * *

HAPk = mass percent, expressed as a decimal, of all HAP in 
cement and solvent k, as purchased, for cements and solvents used in 
the month in processes that are routed to a control device during non-
control operating days, which are defined as days when either the 
control system is not operating within the operating range established 
during the performance test or when monitoring data are not collected.
* * * * *

    3. Section 63.6015 is amended by revising the definition of Cements 
and solvents to read as follows:


Sec.  63.6015  What definitions apply to this subpart?

* * * * *
    Cements and solvents means the collection of all organic chemicals, 
mixtures of chemicals, and compounds used in the production of rubber 
tires, including cements, solvents, and mixtures used as process aids. 
Cements and solvents include, but are not limited to, tread end 
cements, undertread cements, bead cements, tire building cements and 
solvents, green tire spray, blemish repair paints, side wall protective 
paints, marking inks, materials used to clean process equipment, and 
slab dip mixtures. Cements and solvents do not include coatings or 
process aids used in tire cord production, puncture sealant 
application, rubber processing, or materials used to construct, repair, 
or maintain process equipment, or chemicals and compounds that are not 
used in the tire production process such as materials used in routine 
janitorial or facility grounds maintenance, office supplies (e.g., dry-
erase markers, correction fluid), architectural paint, or any substance 
to the extent it is used for personal, family, or household purposes, 
or is present in the same form and concentration as a product packaged 
for distribution to and use by the general public.
* * * * *
[FR Doc. 03-5713 Filed 3-11-03; 8:45 am]
BILLING CODE 6560-50-P