[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Proposed Rules]
[Pages 35806-35809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15273]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2005-0084; FRL-9320-7]
RIN 2060-AM37


Amendments to National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Plating and Polishing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On June 12, 2008, EPA issued national emission standards for 
control of hazardous air pollutants (HAP) for the plating and polishing 
area source category under section 112 of the Clean Air Act (CAA). In 
today's action, EPA is proposing to amend the national emission 
standards for control of hazardous air pollutants (NESHAP) for the 
plating and polishing area source category published on June 12, 2008. 
The amendments to the area source standards for plating and polishing 
area sources would clarify that the emission control requirements of 
the plating and polishing area source NESHAP do not

[[Page 35807]]

apply to any bench-scale activities. Also, the amendments include 
several technical corrections and clarifications that do not make 
significant changes in the rule's requirements. In the ``Rules and 
Regulations'' section of this Federal Register, we are amending the 
area source standards for plating and polishing area sources as a 
direct final rule without a prior proposed rule. If we receive no 
adverse comment, we will not take further action on this proposed rule.

DATES: Written comments must be received by July 20, 2011. If EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0084, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: Comments may be sent by electronic mail (e-mail) 
to [email protected], Attention Docket ID No. EPA-HQ-OAR-2005-
0084.
     Fax: Fax your comments to: (202) 566-9744, Attention 
Docket ID No. EPA-HQ-OAR-2005-0084.
     Mail: Send your comments to: Air and Radiation Docket and 
Information Center, Environmental Protection Agency, Mailcode: 2822T, 
1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID 
No. EPA-HQ-OAR-2005-0084. Please include a total of two copies.
     Hand Delivery: In person or by courier, deliver comments 
to: EPA Docket Center, Room 3334, 1301 Constitution Avenue, NW., 
Washington, DC 20004. Such deliveries are accepted only during the 
Docket's normal hours of operation and special arrangements should be 
made for deliveries of boxed information. Please include a total of two 
copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0084. 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.regulations.gov, 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 otherwise protected through http://www.regulations.gov or e-mail. The www.regulations.gov Web site is an 
``anonymous access'' system, 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 http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the 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.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., 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. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the EPA Docket Center, 
Public Reading Room, EPA West Building, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m. Eastern Standard Time (EST), 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 and 
Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Dr. Donna Lee Jones, Sector Policies 
and Programs Division, Office of Air Quality Planning and Standards 
(D243-02), Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711, telephone number: (919) 541-5251; fax number: 
(919) 541-3207; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:

I. Why is EPA issuing this proposed rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. Why are we amending this rule?
V. What amendments are we making to this rule?
VI. 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 and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Why is EPA issuing this proposed rule?

    This document proposes to take action on amendments to the national 
emission standards for plating and polishing operations that are area 
sources (40 CFR part 63, subpart WWWWWW). We have published a direct 
final rule amending the area source standards for plating and polishing 
operations in the ``Rules and Regulations'' section of this Federal 
Register because we view this as a noncontroversial action and 
anticipate no adverse comment. We have explained our reasons for this 
action in the preamble to the direct final rule.
    If we receive no adverse comment by July 20, 2011, we will not take 
further action on this proposed rule. If we receive adverse comment, we 
will withdraw the direct final rule and it will not take effect. We 
would address all public comments in any subsequent final rule based on 
this proposed rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. Does this action apply to me?

    The regulated categories and entities potentially affected by the 
proposed rule include:

[[Page 35808]]



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                                                     NAICS
                    Category                        code\1\              Examples of regulated entities
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Industry........................................       332813  Area source facilities engaged in any one or more
                                                                types of nonchromium electroplating;
                                                                electropolishing; electroforming; electroless
                                                                plating, including thermal metal spraying,
                                                                chromate conversion coating, and coloring; or
                                                                mechanical polishing of metals and formed
                                                                products for the trade. Regulated sources do not
                                                                include chromium electroplating and chromium
                                                                anodizing sources, as those sources are subject
                                                                to 40 CFR part 63, subpart N, ``Chromium
                                                                Emissions From Hard and Decorative Chromium
                                                                Electroplating and Chromium Anodizing Tanks.''
Manufacturing...................................        32,33  Area source establishments engaged in one or more
                                                                types of nonchromium electroplating;
                                                                electropolishing; electroforming; electroless
                                                                plating, including thermal metal spraying,
                                                                chromate conversion coating, and coloring; or
                                                                mechanical polishing of metals and formed
                                                                products for the trade. Examples include: 33251,
                                                                Hardware Manufacturing; 323111, Commercial
                                                                Gravure Printing; 332116, Metal Stamping;
                                                                332722, Bolt, Nut, Screw, Rivet, and Washer
                                                                Manufacturing; 332811, Metal Heat Treating;
                                                                332812, Metal Coating, Engraving (except Jewelry
                                                                and Silverware), and Allied Services to
                                                                Manufacturers; 332913, Plumbing Fixture Fitting
                                                                and Trim Manufacturing; Other Metal Valve and
                                                                Pipe Fitting Manufacturing; 332999, All Other
                                                                Miscellaneous Fabricated Metal Product
                                                                Manufacturing; 334412, Bare Printed Circuit
                                                                Board Manufacturing; 336412, Aircraft Engine and
                                                                Engine Parts Manufacturing; and 339911, Jewelry
                                                                (except Costume) Manufacturing.
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\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
proposed action. To determine whether your facility would be regulated 
by this proposed action, you should examine the applicability criteria 
in 40 CFR 63.11475 of subpart WWWWWW (NESHAP: Area Source Standards for 
Plating and Polishing Operations). If you have any questions regarding 
the applicability of this action to a particular entity, consult either 
the air permit authority for the entity or your EPA regional 
representative as listed in Sec.  63.13 of the General Provisions to 
part 63 (40 CFR part 63, subpart A).

III. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this proposed action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this proposed 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.

IV. Why are we amending this rule?

    On July 1, 2008 (73 FR 37741), we issued the NESHAP for Area 
Sources: Plating and Polishing (40 CFR part 63, subpart WWWWWW). The 
final rule establishes air emission control requirements for new and 
existing facilities that are area sources of hazardous air pollutants. 
The final standards establish emission standards in the form of 
management practices for new and existing tanks, thermal spraying 
equipment, and dry mechanical polishing equipment in certain plating 
and polishing processes. These final emission standards reflect EPA's 
determination regarding the generally achievable control technology 
(GACT) and management practices for the area source category.
    In the time period since promulgation, it has come to our attention 
that certain aspects of the rule as promulgated have led to 
misinterpretations, inconsistencies, and confusion regarding the 
applicability of the rule. Therefore, we are amending and correcting 
parts of the rule to address these issues.

V. What are the changes to the area source NESHAP for plating and 
polishing operations?

    We are amending this rule to clarify and correct inconsistencies 
and inadequacies of the rule language that have come to our attention 
since promulgation. For a detailed description of the proposed 
amendments, see the information provided in the direct final rule 
published in the Rules and Regulations section of this Federal 
Register.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13565: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
These proposed amendments clarify that the emission control 
requirements of the plating and polishing area source rule do not apply 
to bench-scale activities. Also, several technical corrections and 
clarifications that do not make material changes in the rule's 
requirements have been made to the rule text. No new burden is 
associated with these requirements because the burden was included in 
the approved information collection request (ICR) for the existing 
rule. However, the Office of Management and Budget (OMB) has previously 
approved the information collection requirements contained in the 
existing regulations (40 CFR part 63 subpart WWWWWW) under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number control number 2060-0623. The OMB 
control numbers for EPA's regulations in 40 CFR are listed in 40 CFR 
part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule 
would not have a significant economic impact on a substantial number of 
small entities. Small entities include small businesses,

[[Page 35809]]

small not-for-profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of this proposed rule on 
small entities, small entity is defined as: (1) A small business that 
meets the Small Business Administration size standards for small 
businesses at 13 CFR 121.201 (whose parent company has fewer than 500 
employees for NAICS code 332813); (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 this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. We have 
determined that the small entities in this area source category will 
not incur any adverse impacts because this action makes only technical 
corrections and clarifications that increase flexibility and does not 
create any new requirements or burdens. No costs are associated with 
these amendments to the NESHAP.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. The action imposes no enforceable duty on any State, local or 
tribal governments or the private sector. The term ``enforceable duty'' 
does not include duties and conditions in voluntary Federal contracts 
for goods and services. Thus, this action is not subject to the 
requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. The technical 
corrections and clarifications made through this action contain no 
requirements that apply to such governments, impose no obligations upon 
them, and will not result in any expenditures by them or any 
disproportionate impacts on them.

E. Executive Order 13132: Federalism

    This proposed 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 proposed rule makes certain 
technical corrections and clarifications to the NESHAP for plating and 
polishing area sources. These proposed corrections and clarifications 
do not impose requirements on State and local governments. Thus, 
Executive Order 13132 does not apply to the proposed rule.

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

    This proposed action does not have tribal implications, as 
specified in Executive Order 13175 (65 FR 67249, November 6, 2000). 
This proposed rule makes certain technical corrections and 
clarifications to the NESHAP for plating and polishing area sources. 
These proposed corrections and clarifications do not impose 
requirements on tribal governments. They also have no 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. Thus, Executive Order 
13175 does not apply to this action.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the 
Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it makes 
technical corrections and clarifications to the area source NESHAP for 
plating and polishing area sources which is based solely on technology 
performance.

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

    This proposed action 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 Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113, section 12(d), 15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities, unless to do so would be inconsistent with 
applicable law or otherwise impractical. The VCS are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
VCS bodies. The NTTAA directs EPA to provide Congress, through the 
Office of Management and Budget, explanations when the Agency does not 
use available and applicable VCS.
    This proposed rule does not involve technical standards. Therefore, 
EPA did not consider the use of any VCS.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The technical corrections and clarifications in this 
proposed rule do not change the level of control required by the 
NESHAP.

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 14, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011-15273 Filed 6-17-11; 8:45 am]
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