[Federal Register Volume 69, Number 149 (Wednesday, August 4, 2004)]
[Rules and Regulations]
[Pages 47001-47005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17778]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0014; FRL-7797-6]
RIN 2060-AM29


National Emission Standards for Hazardous Air Pollutants: 
Printing, Coating, and Dyeing of Fabrics and Other Textiles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendment.

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SUMMARY: On May 29, 2003 (68 FR 32172), EPA issued national emission 
standards for hazardous air pollutants for printing, coating, and 
dyeing of fabrics and other textiles (Fabric NESHAP) under section 112 
of the Clean Air Act (CAA). This action amends the standards to clarify 
the applicability of the Fabric NESHAP to coating, slashing, dyeing, or 
finishing operations at synthetic fiber manufacturing facilities where 
the fibers are the final product of the facility. The printing, 
coating, and dyeing of fabrics and other textiles source category does 
not include any synthetic fiber manufacturing operations, and we did 
not intend to impose any requirements on such operations in the final 
Fabric NESHAP. We are making the amendment by direct final rule, 
without prior proposal, because we view the revision as 
noncontroversial and anticipate no adverse comments.

DATES: The direct final rule is effective on October 4, 2004 without 
further notice, unless EPA receives relevant adverse written comment by 
September 3, 2004 or if a public hearing is requested by August 16, 
2004. If EPA receives such comments, it will publish a timely 
withdrawal in the Federal Register indicating which provisions will 
become effective and which provisions are being withdrawn due to 
adverse comment. The EPA will then proceed to take final action on the 
parallel proposed rule appearing in the Proposed Rule section of this 
Federal Register.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
OAR-2003-0014 (formerly Docket No. A-97-51), by one of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     E-mail: http://www.epa.gov/edocket and 
[email protected]
     Fax: (202) 566-1741 and (919) 541-5689.
     Mail: U.S. Postal Service, send comments to: HQ EPA Docket 
Center (6102T), Attention Docket Number OAR-2003-0014, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. (Please include a total 
of 2 copies.)
     Hand Delivery: In person or by courier, deliver comments 
to: HQ EPA Docket Center (6102T), Attention Docket ID Number OAR-2003-
0014, 1301 Constitution Avenue, NW., Room B-108, Washington, DC 20460. 
(Please include a total of 2 copies.)
    We request that a separate copy of each public comment also be sent 
to the contact person listed below (see FOR FURTHER INFORMATION 
CONTACT).
    Instructions: Direct your comments to Docket ID No. OAR-2003-0014. 
The EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or other wise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov websites are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through EDOCKET or regulations.gov, your e-mail address will be 
automatically captured and included as part of the

[[Page 47002]]

comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. (For additional 
information about EPA's public docket visit EDOCKET on-line or see the 
Federal Register of May 31, 2002 (67 FR 38102). For additional 
instructions on submitting comments, go to Unit I.B. of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the HQ EPA Docket Center, Docket ID Number OAR-2003-0014, EPA 
West, Room B102, 1301 Constitution Avenue, NW., Washington, DC 20460. 
This docket facility is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The Docket telephone number 
is (202) 566-1742. The 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 Public Reading Room is (202) 566-1744.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Almod[oacute]var, Coatings 
and Consumer Products Group (C539-03), Emission Standards Division, 
U.S. EPA, Research Triangle Park, NC 27711; telephone number (919) 541-
0283; facsimile number (919) 541-5689; electronic mail (e-mail) 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    The source category definition includes sources that engage in the 
coating, printing, slashing, dyeing, or finishing of any fabric or 
other textile. In general, such sources are covered under the North 
American Industrial Classification System (NAICS) codes listed below. 
However, sources classified under other NAICS codes may be subject to 
the final standards if they meet the applicability criteria. Not all 
sources classified under the NAICS codes in the following table are 
subject to the final rule because some of the classifications cover 
products outside the scope of the Fabric NESHAP.
    Categories and entities potentially regulated by this action 
include:

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                 Category                   NAICS code                                   Examples of regulated entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industry.................................        31321  Broadwoven fabric mills.
                                                 31322  Narrow fabric mills and Schiffli machine embroidery.
                                                313241  Weft knit fabric mills.
                                                313311  Broadwoven fabric finishing mills.
                                                313312  Textile and fabric finishing (except broadwoven fabric) mills.
                                                313320  Fabric coating mills.
                                                314110  Carpet and rug mills.
                                                326220  Rubber and plastics hoses and belting and manufacturing.
                                                339991  Gasket, packing, and sealing device manufacturing.
Federal government.......................  ...........  Not affected.
State/local/tribal government............  ...........  Not affected.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    This table 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 operation is regulated by this 
action, you should examine the applicability criteria of the final rule 
(Sec.  63.4281). If you have any questions regarding the applicability 
of this action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
cleimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow direction--The Agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.
    3. Docket Copying Costs. A reasonable fee may be charged for 
copying docket materials.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the direct final rule will also be available on 
the WWW through EPA's Technology Transfer Network (TTN). Following 
signature by the EPA Administrator, a copy of the

[[Page 47003]]

direct final rule 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.
    Comments. We are publishing the direct final rule without prior 
proposal because we view the amendment as noncontroversial and do not 
anticipate adverse comments. We consider the changes to be 
noncontroversial because the only effect is to clarify that the Fabric 
NESHAP does not apply to coating, slashing, dyeing, or finishing 
operations at synthetic fiber manufacturing facilities where the fibers 
are the final product of the facility. As discussed in detail below, 
this was our intent when publishing the original final rule. In the 
Proposed Rules section of this Federal Register, we are publishing a 
separate document that will serve as the proposal in the event that 
timely and significant adverse comments are received.
    If we receive any relevant adverse comments on the proposed 
amendment, we will publish a timely withdrawal in the Federal Register 
informing the public which provisions will become effective and which 
provisions are being withdrawn due to adverse comment. We will address 
all public comments in a subsequent final rule based on the proposed 
rule. Any of the distinct amendment in the direct final rule for which 
we do not receive adverse comment will become effective on the date set 
out above. We will not institute a second comment period on the direct 
final rule. Any parties interested in commenting must do so at this 
time.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of the direct final rule is available only by filing a petition 
for review in the U.S. Court of Appeals for the District of Columbia 
Circuit by October 4, 2004. Under section 307(d)(7)(B) of the CAA, only 
an objection to the direct final rule that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Moreover, under section 307(b)(2) of the CAA, the 
requirements established by the direct final rule may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.
    Outline. The following outline is provided to aid in reading the 
preamble to the direct final rule.

I. Background
II. Technical Amendment to the Fabric NESHAP
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Background

    On May 29, 2003 (68 FR 32172), EPA issued the Fabric NESHAP under 
section 112 of the CAA. In response to public comments from the 
American Fiber Manufacturers Association and two other commenters on 
the proposed Fabric NESHAP (67 FR 46028, July 11, 2002), we attempted 
to make clear in the final rule that coating, slashing, dyeing, and 
finishing operations that are part of a synthetic fiber manufacturing 
process at a facility where the fibers are the final product are not 
subject to the requirements of the Fabric NESHAP. We intended for this 
exclusion to be unambiguous. However, the inclusion of language 
referencing the affected sources of 40 CFR part 63, subparts JJJ 
(NESHAP: Group IV Polymers and Resins) and F (NESHAP: Synthetic Organic 
Chemical Manufacturing Industry), in Sec.  63.4281(d)(3) created an 
ambiguity in this regard. The printing, coating and dyeing of fabrics 
and other textiles source category does not include any synthetic fiber 
manufacturing operations, and we did not intend to impose any 
requirements on such operations in the Fabric NESHAP. Hazardous air 
pollutant emissions from finishing steps such as coating, slashing, 
dyeing, and finishing operations in the synthetic fiber manufacturing 
process were addressed during the development of 40 CFR part 63, 
subparts JJJ and F and, therefore, were intentionally not included in 
the Fabric NESHAP.

II. Technical Amendment to the Fabric NESHAP

    The direct final rule amendment corrects Sec.  63.4281(d)(3) by 
removing the reference to the affected sources of 40 CFR part 63, 
subparts JJJ and F, in order to make it clear that the requirements of 
the final Fabric NESHAP do not apply to coating, slashing, dyeing, or 
finishing operations at synthetic fiber manufacturing facilities where 
the fibers are the final product of the facility.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to 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 result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way, the economy, 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 taken 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.
    It has been determined that the amendment is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    The action does not impose any new information collection burden. 
Today's action consists primarily of clarifications to the final rule 
that impose no new information collection requirements on industry or 
EPA. For that reason, we have not revised the ICR for the existing 
rule. However, OMB has previously approved the information collection 
requirements contained in the existing (68 FR 32172, May 29, 2003) 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et 
seq and has assigned OMB control number 2060-0522, EPA information 
collection request (ICR) number 2071.02. A copy of the OMB approved ICR 
may be obtained from Susan Auby, Collection Strategies Division 
(2822T), U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, 
by e-mail at [email protected], or by calling (202) 566-1672. A copy 
may also be downloaded off the Internet at http://www.epa.gov/icr.

[[Page 47004]]

C. Regulatory Flexibility Act

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with the direct final 
rule.
    For purposes of assessing the impacts of today's direct final rule 
on small entities, small entity is defined as: (1) A small business 
according to Small Business Administration size standards by NAICS code 
ranging from 500 to 1,000 employees; (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's direct final rule 
on small entities, EPA has concluded that this action will not have a 
significant impact on a substantial number of small entities. The 
direct final rule amendment will not impose any new requirements on 
small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows the EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that the direct final rule does not contain 
a Federal mandate that may result in expenditures of $100 million or 
more for State, local, and tribal governments, in the aggregate, or the 
private sector in any one year, nor does the rule significantly or 
uniquely impact small governments, because it contains no requirements 
that apply to such governments or impose obligations upon them. Thus, 
the requirements of the UMRA do not apply to the direct final rule.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' is defined in the Executive Order to include 
regulations that 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.''
    The direct final rule does not have federalism implications. It 
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. The direct final 
rule will change only the applicability section of the final rule with 
respect to synthetic fiber manufacturing facilities and does not modify 
existing or create new responsibilities among EPA Regional Offices, 
States, or local enforcement agencies. Thus, Executive Order 13132 does 
not apply to the direct final rule amendment.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Government

    Executive Order 13175 (65 FR 67249, November 9, 2000), requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' The direct final rule does not have 
tribal implications as specified in Executive Order 13175. It will 
change only the applicability section of the final rule with respect to 
synthetic fiber manufacturing facilities. The direct final rule would 
not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to the direct final rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 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.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. The direct final rule is not 
subject to Executive Order 13045 because it is based on technology 
performance and not on health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy, 
Supply, Distribution, or Use

    The direct final rule is not subject to Executive Order 13211 (66 
FR 28355, May 22, 2001) because it is not a significant regulatory 
action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    The technical correction of the direct final rule does not involve 
technical standards. The EPA's compliance with section 12(d) of the 
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

[[Page 47005]]

underlying final rule (68 FR 32172, May 29, 2003).

J. Congressional Review Act

    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. The EPA will submit a report containing 
this rule and other required information to the United States Senate, 
the United States House of Representatives, and the Comptroller General 
of the United States prior to publication of the rule in the Federal 
Register. A major rule cannot take effect until 60 days after it is 
published in the Federal Register. The direct final rule 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, and Reporting and recordkeeping requirements.

    Dated: July 29, 2004.
Michael O. Leavitt,
Administrator.


0
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]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart OOOO--[Amended]

0
2. Section 63.4281 is amended by revising paragraph (d)(3) to read as 
follows:


Sec.  63.4281  Am I subject to this subpart?

* * * * *
    (d) * * *
    (3) Coating, slashing, dyeing, or finishing operations at a 
synthetic fiber manufacturing facility where the fibers are the final 
product of the facility.
* * * * *
[FR Doc. 04-17778 Filed 8-3-04; 8:45 am]
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