[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Rules and Regulations]
[Pages 36523-36524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12576]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0193; FRL-7925-8]
RIN 2060-AL91


National Emission Standards for Hazardous Air Pollutants: 
Cellulose Products Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: We are taking final action to amend the national emission 
standards for hazardous air pollutants (NESHAP) for Cellulose Products 
Manufacturing. This amendment will correct the date in the definition 
of a process change that was included in the final rule. Without this 
amendment, the earliest date on which changes could qualify as process 
changes for compliance purposes would be January 1992. With this 
action, process changes implemented in January 1991 and later can 
qualify as process changes for compliance purposes.
    This action corrects an error by the Agency and makes the 
regulatory language consistent with the technical background work that 
was performed during the development of the standards. Thus, it is 
proper to issue this final rule correction without notice and comment.

DATES: Effective Date: The correction is effective on June 24, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. Bill Schrock, Organic Chemicals 
Group, Emission Standards Division (C504-04), Office of Air Quality 
Planning and Standards, EPA, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5032, facsimile number (919) 541-
3470, electronic mail (e-mail) address [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The EPA, under section 112 of the CAA, promulgated the NESHAP for 
cellulose products manufacturing on June 11, 2002 (67 FR 40044). The 
final rule, codified at 40 CFR part 63, subpart UUUU, includes 
definitions of a process change for the viscose industry, as well as 
the cellulose ether industry. Following promulgation of the rule, 
Teepak, Inc., requested that we issue specific amendments to the final 
rule changing the date that process changes that reduced emissions 
could be utilized for the purpose of demonstrating compliance. Their 
request was based on the calculations for the maximum achievable 
control technology (MACT) floor which included these process changes.

II. Summary of Amendment

    This document corrects the definition for ``viscose process 
change'' under 40 CFR 63.5610 which states that the process change must 
occur ``no earlier than January 1992.'' In the CAA section 114 
information collection request sent to the industry in 1998, EPA 
requested information on source reduction measures implemented since 
1987. In their response, Teepak provided information on three projects 
that reduced emissions per unit length of food casing produced, and one 
of these projects was implemented in January 1991. According to Teepak, 
EPA indicated it would credit Teepak for emission reductions from that 
project. Noting that the Teepak level of control was chosen as the MACT 
floor, Teepak has recommended that the definition for ``viscose process 
change'' be amended to ``no earlier than January 1991.''
    The definition for ``viscose process change'' as promulgated 
effectively excludes the 1991 process change at Teepak that was 
accounted for in our MACT floor calculations. Since we established the 
MACT floor for cellulose food casing operations based on the level of 
emission control achieved at Teepak, we are making the suggested 
revision to the definition for ``viscose process change.'' For 
consistency, we are revising the definition for ``cellulose ether 
process change'' similarly.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866, Regulatory Planning and Review (58 FR

[[Page 36524]]

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 correction does not have substantial direct effects on the 
States, or 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, 
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 9, 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 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.
    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 change to the rule 
corrects an error, is noncontroversial, and is consistent with the 
technical basis 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 CAA, 
42 U.S.C. 7607(d)(1), indicating that the good cause provisions of the 
APA continue to apply to rulemaking under section 307(d) of the Clean 
Air Act (CAA).
    Section 553(d)(3) allows an agency, upon a finding of good cause, 
to make a rule effective immediately. Because today's changes relieve 
an unintended restriction, we find good cause to make these technical 
corrections effective immediately.
    The 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) do not apply.
    The 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 Congressional Review Act, 5 U.S.C. 801 et seq., as added by 
SBREFA 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 U.S. The EPA will submit a report containing 
this final action and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
U.S. prior to publication of today's action in the Federal Register. 
Today's action is not a ``major rule'' as defined by 5 U.S.C. 804(2). 
The final rule will be effective on June 24, 2005.

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: June 16, 2005.
Jeffrey R. Holmstead,
Assistant Administrator for Air and Radiation.

0
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]

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

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

Subpart UUUU--[Amended]

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2. Section 63.5610 is amended by revising the following definitions in 
paragraph (g) to read as follows:


Sec.  63.5610  What definitions apply to this subpart?

* * * * *
    (g) * * *
    Cellulose ether process change means a change to the cellulose 
ether process that occurred no earlier than January 1991 that allows 
the recovery of organic HAP, reduction in organic HAP usage, or 
reduction in organic HAP leaving the reactor. Includes extended 
cookout.
* * * * *
    Viscose process change means a change to the viscose process that 
occurred no earlier than January 1991 that allows either the recovery 
of carbon disulfide or a reduction in carbon disulfide usage in the 
process.
* * * * *
[FR Doc. 05-12576 Filed 6-23-05; 8:45 am]
BILLING CODE 6560-50-P