[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Rules and Regulations]
[Pages 10184-10186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4754]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0053; FRL-9122-9]
RIN 2060-AN47


National Emission Standards for Hazardous Air Pollutants: Area 
Source Standards for Paints and Allied Products Manufacturing--
Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: This action clarifies regulatory text of the ``Revision of 
Source Category List for Standards Under Section 112(k) of the Clean 
Air Act; National Emission Standards for Hazardous Air Pollutants: 
Paints and Allied Products Manufacturing Area Source Standards'' which 
was issued as a final rule on December 3, 2009. These technical 
corrections will not change the level of health protection the final 
rule provides or the standards and other requirements established by 
the rule.

DATES: Effective Date: March 5, 2010

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2008-0053. All documents in the docket are listed in the 
Federal Docket Management System index at www.regulations.gov. Although 
listed in the index, some information is not publicly available (e.g., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute). Certain other material, such as 
copyrighted material, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the EPA 
Docket Center, Public Reading Room, EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC. 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, and the telephone number for the Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Melissa Payne, Regulatory Development 
and Policy Analysis Group, Office of Air Quality Planning and Standards 
(C404-05), Environmental Protection Agency, Research Triangle Park, NC 
27711. Telephone number: (919) 541-3609; fax number: (919) 541-0242; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. The regulated categories 
and entities potentially affected by the final rule include:

------------------------------------------------------------------------
                                                  Examples of regulated
            Category             NAICS code \1\          entities
------------------------------------------------------------------------
Paint & Coating Manufacturing..          325510  Area source facilities
                                                  engaged in mixing
                                                  pigments, solvents,
                                                  and binders into
                                                  paints and other
                                                  coatings, such as
                                                  stains, varnishes,
                                                  lacquers, enamels,
                                                  shellacs, and water
                                                  repellant coatings for
                                                  concrete and masonry.
Adhesive Manufacturing.........          325520  Area source facilities
                                                  primarily engaged in
                                                  manufacturing
                                                  adhesives, glues, and
                                                  caulking compounds.
Printing Ink Manufacturing.....          325910  Area source facilities
                                                  primarily engaged in
                                                  manufacturing printing
                                                  inkjet inks and inkjet
                                                  cartridges.
All Other Miscellaneous                  325998  Area source facilities
 Chemical Product and                             primarily engaged in
 Preparation Manufacturing.                       manufacturing
                                                  indelible ink, India
                                                  ink, writing ink, and
                                                  stamp pad ink.
------------------------------------------------------------------------
\1\ North American Industry Classification System.


[[Page 10185]]

    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 this action, 
you should examine the applicability criteria in 40 CFR 63.11599, 
subpart CCCCCCC (NESHAP for Area Sources: Paints and Allied Products 
Manufacturing). If you have any questions regarding the applicability 
of this action to a particular entity, consult either the state 
delegated authority or the EPA regional representative, as listed in 40 
CFR 63.13 of subpart A (General Provisions).
    Good Cause Determination. 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.
    Electronic Access. In addition to being available in the docket, an 
electronic copy of this final action will also be available on the 
Worldwide Web (WWW) through the Technology Transfer Network (TTN). 
Following signature, a copy of this final action will be posted on the 
TTN's policy and guidance page for newly proposed or promulgated rules 
at the following address: http://www.epa.gov/ttn/oarpg/. The TTN 
provides information and technology exchange in various areas of air 
pollution control.

I. Corrections

    On December 3, 2009 (74 FR 63504), the EPA promulgated the national 
emission standards for hazardous air pollutants (NESHAP) for area 
source paints and allied products manufacturing facilities as subpart 
CCCCCCC in 40 CFR part 63. Today's action contains notification of 
corrections to clarify the following numbering changes and editorial 
errors:
    1. 63.11602(a)(2)(iii) references 63.11601(a)(4) toward the end of 
the paragraph. Instead it should reference 63.11601(a)(5).
    2. 63.11603(c) references paragraph (7). There is no paragraph (7). 
Instead it should reference paragraph (6).
    3. The section that follows 63.11603(c) is 63.11603(e). This should 
be changed to 63.11603(d).
    4. 63.11601(a)(5)(i) should end in ``or.''
    5. Paragraph 63.11601(a)(3) is a carbon copy of (a)(2) and should 
be deleted. This will change the subsequent numbering for this section.
    6. 63.11599(b)(1): An affected source is existing if you commenced 
construction. * * * before June 1, 2009 [the phrase ``on or'' is 
removed].
    The corrections will become effective immediately (without further 
rulemaking action) on March 5, 2010.
    These simple editorial changes provide further clarification to the 
applicability provisions that are referenced in the final rule. This is 
clearly the intent of the final rule and was explained in detail in the 
preamble of the final rule (74 FR 63504). Today's action notifies 
interested parties of the corrections.

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 is also 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) do 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

[[Page 10186]]

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 5, 2010. 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 December 3, 2009, Federal 
Register notice containing the Area Source Paints and Allied Products 
Manufacturing final rule (74 FR 63504).

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: February 25, 2010.
Gina McCarthy,
Assistant Administrator, Office of 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 CCCCCCC--[Amended]

0
2. Section 63.11599 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  63.11599  Am I subject to this subpart?

* * * * *
    (b) * * *
    (1) An affected source is existing if you commenced construction or 
reconstruction before June 1, 2009.
* * * * *


0
3. Section 63.11601 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Removing paragraph (a)(3);
0
c. Redesignating paragraphs (a)(4) through (a)(7) as paragraphs (a)(3) 
through (a)(6);
0
d. Revising newly designated paragraph (a)(4)(i) to read as follows:


Sec.  63.11601  What are the standards for new and existing paints and 
allied products manufacturing facilities?

    (a) For each new and existing affected source, you must comply with 
the requirements in paragraphs (a)(1) through (5) of this section. 
These requirements apply at all times.
* * * * *
    (4) You must:
    (i) Capture particulate emissions and route them to a particulate 
control device meeting the requirements of paragraph (a)(5) of this 
section during the grinding and milling of materials containing 
compounds of cadmium, chromium, lead, or nickel; or
* * * * *


0
3. Section 63.11602 is amended by:
0
a. In paragraph (a)(2)(iii) introductory text by revising the last 
sentence:
0
b. In paragraph (a)(2)(iii)(A) by revising the last sentence;
0
c. By revising paragraph (a)(2)(iii)(B).


Sec.  63.11602  What are the performance test and compliance 
requirements for new and existing sources?

    (a) * * *
    (2) * * *
    (iii) * * * If the Method 203C test runs indicates an opacity 
greater than the limitation in Sec.  63.11601(a)(5), you must comply 
with the requirements in paragraphs (a)(2)(iii)(A) through (C) of this 
section.
    (A) * * * You must continue to take corrective action and retest 
each 15 days until a Method 203C test indicates an opacity equal to or 
less than the limitation in Sec.  63.11601(a)(5).
    (B) You must prepare a deviation report in accordance with Sec.  
63.11603(b)(3) for each instance in which the Method 203C opacity 
results were greater than the limitation in Sec.  63.11601(a)(5).
* * * * *


0
4. Section 63.11603 is amended by:
0
a. Revising paragraph (c) introductory text;
0
b. Redesignating paragraph (e) as paragraph d).


Sec.  63.11603  What are the notification, reporting, and recordkeeping 
requirements?

* * * * *
    (c) Records. You must maintain the records specified I paragraphs 
(c)(1) through (4) of this section in accordance with paragraphs (c)(5) 
through (6) of this section, for five years after the date of each 
recorded action.
* * * * *
[FR Doc. 2010-4754 Filed 3-4-10; 8:45 am]
BILLING CODE 6560-50-P