[Federal Register Volume 68, Number 51 (Monday, March 17, 2003)]
[Rules and Regulations]
[Pages 12590-12592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6301]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-7467-1]
RIN 2060-AG97


National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Metal Coil

AGENCY: Environmental Protection Agency (EPA).

[[Page 12591]]


ACTION: Final rule; technical correction.

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SUMMARY: On June 10, 2002, EPA issued the national emission standards 
for hazardous air pollutants (NESHAP) for the surface coating of metal 
coil. This action will correct the timeline for beginning the first 
semiannual reporting period and submitting the first semiannual report 
as published in the NESHAP. The correction is necessary because the 
compliance period was changed from monthly in the proposed NESHAP (65 
FR 44616, July 18, 2000) to annual in the final NESHAP (67 FR 39794, 
June 10, 2002), and the timeline was not corrected in the final NESHAP 
to reflect that change. This action will not change the level of health 
protection of the Metal Coil Surface Coating NESHAP or the basic 
control requirements. The NESHAP requires new and existing major 
sources to control emissions of hazardous air pollutants (HAP) to the 
level reflecting application of the maximum achievable control 
technology.

EFFECTIVE DATE: March 17, 2003.

ADDRESSES: Docket No. A-97-47 contains the supporting information used 
in developing the Metal Coil Surface Coating NESHAP. The EPA Docket 
Center is located at the U.S. EPA, 1301 Constitution Avenue, NW., Room 
B102, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Ms. Rhea Jones, Coatings and Consumer 
Products Group (C539-03), Emission Standards Division, U.S. EPA, 
Research Triangle Park, NC 27711; telephone number (919) 541-2940; 
facsimile number (919) 541-5689; electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:
    Good Cause. 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. The EPA has 
determined that there is good cause for making the technical correction 
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 Metal Coil Surface Coating NESHAP. Thus, notice and 
public procedure are unnecessary. The EPA finds that this constitutes 
good cause under 5 U.S.C. 553(b)(B).
    Regulated Entities. All entities regulated under the Metal Coil 
Surface Coating NESHAP will be affected by this correction. Categories 
and entities potentially regulated by the NESHAP include:

------------------------------------------------------------------------
                                                         Examples of
          Category                 NAICS codes           potentially
                                                     regulated entities
------------------------------------------------------------------------
Metal Coil Coating Industry.  332812 \a\, 339991,   Those facilities
                               331112, 331221,       that perform
                               33121, 331312,        surface coating of
                               331314, 331315,       metal coil using
                               332312, 332322,       HAP-containing
                               332311, 33637,        materials.
                               332813, 332999,
                               333293, 336399,
                               325992, 42183.
------------------------------------------------------------------------
\1\ The majority of facilities are included in NAICS 332812.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility is regulated by the Metal 
Coil Surface Coating NESHAP, you should examine the applicability 
criteria in Sec.  63.5090 of the NESHAP. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the appropriate Regional Office representative. Worldwide Web 
(WWW). In addition to being available in the docket, an electronic copy 
of today's action 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 at 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. Summary of Corrections

    Today's action consists of corrections to 40 CFR 63.5180(g)(1), 
subparagraphs (i) and (ii). In the Federal Register document published 
June 10, 2002 (67 FR 39794), these subparagraphs mistakenly stated that 
the first semiannual reporting period would begin on the compliance 
date specified in Sec.  63.5130 and end on June 30 or December 31, 
whichever date is the first date following the end of the calendar half 
following the compliance date. The first semiannual report would, 
therefore, be scheduled to be postmarked or submitted 1 month later. 
Beginning the semiannual reporting period and submitting the first 
semiannual report as described in these subparagraphs would require 
that facilities submit semiannual reports before the end of the initial 
compliance period and before submitting a notification of compliance 
status. Our intent was to require that the first semiannual reporting 
period begin on the day following the end of the initial compliance 
period rather than on the compliance date, and end 6 months later. The 
first semiannual report would then be submitted 1 month after the end 
of the reporting period.

II. Statutory and Executive Order Review

    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. Because 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 No. 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 corrections also do not significantly or 
uniquely affect the communities of tribal governments, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000). The technical 
corrections will not have substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government, 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.
    The technical corrections action does not involve technical 
standards. The EPA's compliance with Sec.  12(d) of the

[[Page 12592]]

National Technology Transfer and Advancement Act of 1995 (Pub. L. No. 
104-113, section 12(d) (15 U.S.C. 272 note)) has been addressed in the 
preamble of the underlying final rule (67 FR 39794, June 10, 2002). The 
technical corrections also do not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing the technical 
corrections, 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 the technical corrections in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the Executive Order. The technical corrections 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 June 10, 2002, Federal Register notice containing the 
metal coil surface coating final rule.
    The technical corrections are not subject to Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001) because they are not a 
significant regulatory action under Executive Order 12866.
    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 therefor, and established an effective date of March 17, 
2003. The EPA will submit a report containing the technical corrections 
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 correction notice 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: March 7, 2003.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.


    For the reasons set out 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 SSSS--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Metal Coil

    2. Section 63.5180 is amended by revising paragraphs (g)(1)(i) and 
(g)(1)(ii) to read as follows:


Sec.  63.5180  What reports must I submit?

* * * * *
    (g) * * *
    (1) * * *
    (i) The first semiannual reporting period begins 1 day after the 
end of the initial compliance period described in Sec.  63.5130(d) that 
applies to your affected source and ends 6 months later.
    (ii) The first semiannual compliance report must cover the first 
semiannual reporting period and be postmarked or delivered no later 
than 30 days after the reporting period ends.
* * * * *
[FR Doc. 03-6301 Filed 3-14-03; 8:45 am]
BILLING CODE 6560-50-P