[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Proposed Rules]
[Pages 29821-29828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10988]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0021; FRL-9946-17-OAR]
RIN 2060-AN36


National Emission Standards for Hazardous Air Pollutants: Site 
Remediation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of reconsideration of final rule; request 
for public comment.

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SUMMARY: This action proposes to amend the National Emission Standards 
for Hazardous Air Pollutants (NESHAP): Site Remediation (Site 
Remediation Rule) by removing exemptions from the rule for site 
remediation activities performed under authority of the Comprehensive 
Environmental Response and Compensation Liability Act (CERCLA) and for 
site remediation activities performed under a Resource Conservation and 
Recovery Act (RCRA) corrective action or other required RCRA order. The 
Environmental Protection Agency (EPA) is also proposing to remove the 
applicability requirement that site remediations be co-located with at 
least one other stationary source regulated by another NESHAP. The EPA 
is seeking comment on these issues, but is not requesting comment on 
any other issues or provisions of the final Site Remediation Rule at 
this time.

DATES: Comments. Comments must be received on or before June 27, 2016. 
Under the Paperwork Reduction Act (PRA), comments on the information 
collection provisions are best assured of consideration if the Office 
of Management and Budget (OMB) receives a copy of your comments on or 
before June 13, 2016.
    Public Hearing. If anyone contacts the EPA requesting a public 
hearing by May 18, 2016, we will hold a public hearing on May 31, 2016. 
If the EPA holds a public hearing, the EPA will keep the record of the 
hearing open for 30 days after completion of the hearing to provide an 
opportunity for submission of rebuttal and supplementary information.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2002-0021, at http://www.regulations.gov. Follow the on-line 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2002-0021. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
on-line at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be 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 email. The 
http://www.regulations.gov Web site is an ``anonymous access'' system, 
which means the EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through http://www.regulations.gov, your email 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, the 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 the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should not include 
special characters or any form of encryption and be free of any defects 
or viruses. For additional information about the EPA's public docket, 
visit the EPA Docket Center homepage at http://www.epa.gov/dockets.
    A red-line version of the regulatory language that incorporates the 
proposed changes in this action is available in the docket for this 
action (Docket ID No. EPA-HQ-OAR-2002-0021).
    Docket: The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2002-0021. All documents in the docket are 
listed in the http://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, is not placed on the internet 
and 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, Room 
3334, EPA WJC West Building, 1301 Constitution Avenue 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,

[[Page 29822]]

and the telephone number for the EPA Docket Center is (202) 566-1742.
    Public Hearing: If a public hearing is requested by May 18, 2016, 
it will be held on May 31, 2016 at the EPA's Research Triangle Park 
Campus, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. The 
hearing will convene at 10:00 a.m. (Eastern Standard Time) and end at 
5:00 p.m. (Eastern Standard Time). A lunch break will be held from 
12:00 p.m. (Eastern Standard Time) until 1:00 p.m. (Eastern Standard 
Time). Please contact Ms. Virginia Hunt at (919) 541-0832 or at 
[email protected] to request a hearing, to determine if a hearing 
will be held, and to register to speak at the hearing, if one is held. 
If a hearing is requested, the last day to pre-register in advance to 
speak at the hearing will be May 25, 2016.
    Additionally, requests to speak will be taken the day of the 
hearing at the hearing registration desk, although preferences on 
speaking times may not be able to be fulfilled. If you require the 
service of a translator or special accommodations such as audio 
description, please let us know at the time of registration. If you 
require an accommodation, we ask that you pre-register for the hearing, 
as we may not be able to arrange such accommodations without advance 
notice.
    If no one contacts the EPA requesting a public hearing to be held 
concerning this proposed rule by May 18, 2016, a public hearing will 
not take place. If a hearing is held, it will provide interested 
parties the opportunity to present data, views, or arguments concerning 
the proposed action. The EPA will make every effort to accommodate all 
speakers who arrive and register. Because the hearing will be held at a 
U.S. governmental facility, individuals planning to attend the hearing 
should be prepared to show valid picture identification to the security 
staff in order to gain access to the meeting room. Please note that the 
REAL ID Act, passed by Congress in 2005, established new requirements 
for entering federal facilities. If your driver's license is issued by 
Alaska, American Samoa, Arizona, Kentucky, Louisiana, Maine, 
Massachusetts, Minnesota, Montana, New York, Oklahoma, or the state of 
Washington, you must present an additional form of identification to 
enter the federal building. Acceptable alternative forms of 
identification include: Federal employee badges, passports, enhanced 
driver's licenses, and military identification cards. In addition, you 
will need to obtain a property pass for any personal belongings you 
bring with you. Upon leaving the building, you will be required to 
return this property pass to the security desk. No large signs will be 
allowed in the building, cameras may only be used outside of the 
building, and demonstrations will not be allowed on federal property 
for security reasons.
    The EPA may ask clarifying questions during the oral presentations, 
but will not respond to the presentations at that time. Written 
statements and supporting information submitted during the comment 
period will be considered with the same weight as oral comments and 
supporting information presented at the public hearing. Commenters 
should notify Ms. Hunt if they will need specific equipment, or if 
there are other special needs related to providing comments at the 
hearing. Verbatim transcripts of the hearings and written statements 
will be included in the docket for the rulemaking. The EPA will make 
every effort to follow the schedule as closely as possible on the day 
of the hearing; however, please plan for the hearing to run either 
ahead of schedule or behind schedule. Again, a hearing will not be held 
unless requested.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed 
action, contact Ms. Paula Hirtz, Refining and Chemicals Group, Sector 
Policies and Programs Division (E143-01), Environmental Protection 
Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-
2618; fax number: (919) 541-0246; email address: [email protected]. 
For information about the applicability of the NESHAP to a particular 
entity, contact Tavara Culpepper, Office of Enforcement and Compliance 
Assurance (OECA); (202)564-0902; [email protected].

SUPPLEMENTARY INFORMATION:
    Preamble Acronyms and Abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

CAA Clean Air Act
CBI Confidential business information
CERCLA Comprehensive Environmental Response, Compensation, and 
Liability Act
EPA Environmental Protection Agency
FR Federal Register
HAP Hazardous air pollutants
ICR Information collection request
NESHAP National Emission Standards for Hazardous Air Pollutants
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RCRA Resource Conservation and Recovery Act
RFA Regulatory Flexibility Act
UMRA Unfunded Mandates Reform Act

    Organization of this Document. The information in this preamble is 
organized as follows:

I. General Information
    A. What is the source of authority for the reconsideration 
action?
    B. Does this action apply to me?
    C. Where can I get a copy of this document and other related 
information?
    D. What should I consider as I prepare my comments for the EPA?
II. Background
III. Discussion of the Proposed Action To Remove the CERCLA and RCRA 
Exemption
    A. What is the EPA proposing regarding site remediations 
performed under the authority of CERCLA or performed under a RCRA 
corrective action or other required RCRA order?
    B. What compliance dates are we proposing?
IV. Summary of Cost, Environmental, and Economic Impacts and 
Additional Analyses Conducted
    A. What are the affected sources?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
V. Solicitation of Public Comment and Participation
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    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 (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. What is the source of authority for the reconsideration action?

    The statutory authority for this action is provided by sections 112 
and 307(d)(7)(B) of the Clean Air Act (CAA) as amended (42 U.S.C. 7412 
and 7607(d)(7)(B)).

[[Page 29823]]

B. Does this action apply to me?

    The table below lists the industry categories and entities 
potentially regulated by this action and is not intended to be 
exhaustive, but rather provides a guide for readers regarding the 
entities that this proposed action is likely to affect. Parties 
potentially affected by this action include major sources, as defined 
in 40 CFR 63.2, that conduct one or more site remediations under the 
authority of CERCLA or under a RCRA corrective action or other required 
RCRA order; and any other site remediation that is a major source of 
hazardous air pollutants (HAP) itself and is not co-located with 
another facility regulated under 40 CFR 63. As defined under the 
``Waste Treatment and Disposal'' industry sector in the ``Initial List 
of Categories of Sources Under Section 112(c)(1) of the Clean Air Act 
Amendments of 1990'' (see 57 FR 31576, July 16, 1992), the Site 
Remediation source category includes any facility taking action to 
remove, store, treat, and/or dispose of hazardous substances that have 
been released into the environment (e.g., soil, groundwater, or other 
environmental media). The table below is provided for illustrative 
purposes only; to determine whether your site remediation is regulated 
by this action, you should examine the applicability criteria in 40 CFR 
63.7881 of subpart GGGGG (National Emission Standards for Hazardous Air 
Pollutants: Site Remediation).

          Industrial Source Categories Affected by This Action
------------------------------------------------------------------------
                                     NAICS       Examples of regulated
        Industry category           Code \1\           entities
------------------------------------------------------------------------
Industry.........................     325110  Site remediation
                                      325180   activities at currently
                                      325199   operating or closed
                                      325211   businesses at which
                                      325320   organic materials
                                      333316   currently are or have
                                      562112   been in the past stored,
                                               processed, treated, or
                                               otherwise managed at the
                                               facility. These
                                               facilities include, but
                                               are not limited to:
                                               Manufacturing of
                                               petrochemicals, inorganic
                                               chemicals, organic
                                               chemicals, plastics and
                                               resins, pesticides and
                                               agricultural chemicals,
                                               and photographic and
                                               photocopying equipment;
                                               other warehousing and
                                               storage; and hazardous
                                               waste collection
                                               facilities.
Federal Government...............      92811  Federal agencies that
                                               conduct site remediation
                                               activities, including
                                               agencies or activities
                                               related to national
                                               security.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

C. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this action is available on the Internet through the EPA's Technology 
Transfer Network (TTN) Web site, a forum for information and technology 
exchange in various areas of air pollution control. Following signature 
by the EPA Administrator, the EPA will post a copy of this proposed 
action at http://www.epa.gov/ttn/atw/siterm/sitermpg.html. Following 
publication in the Federal Register, the EPA will post the Federal 
Register version of the proposal and key technical documents at this 
same Web site.

D. What should I consider as I prepare my comments for the EPA?

    Do not submit information containing CBI to the EPA through http://www.regulations.gov or email. 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 the 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, you must submit a copy of the comment that does not contain the 
information claimed as CBI for inclusion in the public docket. If you 
submit a CD-ROM or disk that does not contain CBI, mark the outside of 
the disk or CD-ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and the EPA's 
electronic public docket without prior notice. Information marked as 
CBI will not be disclosed except in accordance with procedures set 
forth in 40 CFR part 2. Send or deliver information identified as CBI 
to only the following address: Ms. Paula Hirtz, c/o OAQPS Document 
Control Officer (Room C404-02), U.S. EPA, Research Triangle Park, NC 
27711, Attention: Docket ID No. EPA-HQ-OAR-2002-0021.

II. Background

    The EPA finalized the Site Remediation Rule on October 8, 2003 (68 
FR 58172). The rule exempted site remediations performed under the 
authority of CERCLA and those conducted under a RCRA corrective action 
or other required RCRA order. The final rule also did not regulate 
metal or other inorganic HAP due to the low potential of emissions of 
these chemicals from site remediation activities. On December 8, 2003, 
pursuant to section 307(d)(7)(B) of the CAA, the EPA received a 
petition for reconsideration from Sierra Club, the Blue Ridge 
Environmental Defense League, and Concerned Citizens for Nuclear 
Safety. The reconsideration petition stated that (1) the EPA lacked the 
statutory authority to exempt site remediation activities conducted 
under the authority of CERCLA or RCRA from NESHAP requirements, and (2) 
the EPA had a duty to set standards for each listed HAP emitted from a 
source category.
    Petitioners also filed a petition for judicial review of the Site 
Remediation Rule on December 5, 2003, in the United States Court of 
Appeals for the District of Columbia Circuit (D.C. Circuit or Court) 
under CAA section 307(b)(1). In response to the plaintiffs' and EPA's 
joint motion, the D.C. Circuit held this action in abeyance by order 
dated January 22, 2004, so that settlement discussions could take place 
to assess whether the case could be resolved without the Court.
    On November 29, 2006, the EPA promulgated amendments to the Site 
Remediation Rule (71 FR 69011), but did not resolve, address, or 
respond to the issues in the petition for reconsideration. On October 
14, 2014, the D.C. Circuit ordered the parties to show cause why the 
case should not be administratively terminated, and on November 13, 
2014, the parties filed a joint response informing the Court that they 
were actively exploring a new approach. On March 25, 2015, the EPA 
issued a letter to the petitioners granting reconsideration on the 
issues raised in the petition and indicated that the agency would issue 
a Federal Register notice regarding the reconsideration process. The 
petition for reconsideration

[[Page 29824]]

is available for review in the rulemaking docket (see Docket ID No. 
EPA-HQ-OAR-2002-0021-0024).
    The EPA now requests comment on the first of the two issues raised 
in the December 8, 2003, petition for reconsideration: The exemption 
for site remediations performed under the authority of CERCLA or RCRA. 
We are not addressing the second issue, whether the EPA has a duty to 
set standards for heavy metal HAP emissions from site remediation 
activities, in this action. Since evaluation of this second issue fits 
most naturally into the residual risk and technology review (RTR) 
process, the EPA will initiate reconsideration of the issue of 
regulating heavy metal HAP when it issues a proposed rule presenting 
the RTR for the Site Remediation source category. The EPA is not 
seeking comments on this issue until such a proposal is made.

III. Discussion of the Proposed Action To Remove the CERCLA and RCRA 
Exemption

    The October 8, 2003, NESHAP exempts site remediations performed 
under the authority of CERCLA and those conducted under a RCRA 
corrective action or other required RCRA order. The EPA now proposes to 
remove this exemption and establish requirements and compliance dates 
for site remediation activities conducted under the authority of CERCLA 
or RCRA that would be affected by the proposed rule changes.

A. What is the EPA proposing regarding site remediations performed 
under the authority of CERCLA or performed under a RCRA corrective 
action or other required RCRA order?

    On October 8, 2003, the EPA finalized the July 2002 proposal to 
exempt site remediations performed under the authority of CERCLA and 
those performed under RCRA corrective action or other orders authorized 
under RCRA (i.e., RCRA/CERCLA exemption). Several commenters on the 
2002 proposed rule opposed the exemption. These commenters asserted 
that neither the RCRA nor CERCLA programs have air emission standards 
for site remediation activities and that the intent of CAA section 112 
is to establish NESHAP for HAP emissions from these activities. In 
contrast, other commenters supported the proposed exemption, stating 
that the RCRA and CERCLA cleanup programs have appropriate site-
specific provisions to provide for the protection of public health and 
the environment from air pollutants emitted during site remediation 
activities. We determined the proposed provisions were appropriate, and 
we explained in the preamble to the October 8, 2003, final rule and in 
the Background Information Document for the final rule that the 
hazardous waste corrective action program under RCRA and the Superfund 
program under CERCLA serve as the functional equivalents of the 
establishment of NESHAP under CAA section 112. This conclusion was 
based on the requirements of these programs to consider the same HAP 
emissions that we regulate under the NESHAP and that these programs 
provide opportunities for public involvement through the Record of 
Decision process for Superfund cleanups and the RCRA permitting process 
for corrective action cleanups.
    The EPA then received the December 8, 2003, petition asserting that 
the public lacked an opportunity to comment on this new rationale 
presented in the final rule. The EPA granted reconsideration on this 
issue in response to the December 8, 2003, petition. Upon further 
consideration and re-evaluation of petitioners' arguments, we now 
propose to remove the exemptions for activities conducted under the 
authority of CERCLA or RCRA from the Site Remediation Rule.
    In listing Site Remediation as a source category under CAA section 
112(c)(1) in 1992, we defined it to include the cleanup of sites that 
possess contaminated media, including National Priorities List Sites 
and Corrective Action Sites. See the document titled Documentation for 
Developing the Initial Source Category List, Final Report EPA-450/3-91-
030, July 1992, which is available in the rulemaking docket (Docket ID 
No. EPA-HQ-OAR-2002-0021). Once the EPA has listed a source category or 
subcategory under CAA section 112(c)(1), CAA section 112(c)(2) requires 
the EPA to establish emissions standards under CAA section 112(d) for 
the source category or subcategory. The EPA, thus, has an obligation to 
extend its existing technology-based NESHAP to establish emission 
standards for all such sources in the Site Remediation source category, 
including those conducted under the authority of CERCLA and RCRA, under 
CAA section 112(d). The site remediation activities conducted under the 
authority of CERCLA and RCRA are similar to site remediation activities 
that were not exempt from the Site Remediation Rule, and the 
requirements of the Site Remediation Rule are appropriate for and 
achievable by all site remediation activities.
    Specifically, we are proposing to amend the rule by removing 40 CFR 
63.7881(b)(2) and (3), the provisions that expressly exempt site 
remediations conducted under CERCLA or RCRA from the Site Remediation 
Rule's requirements. With the removal of this exemption, site 
remediations conducted under the authority of CERCLA or RCRA will 
become subject to all applicable requirements of the Site Remediation 
Rule. These requirements include emission limitations and work practice 
standards for HAP emitted from site remediation activities. The Rule 
also establishes requirements to demonstrate initial and continuous 
compliance with the emission limitations and work practice standards. 
The Rule applies to sites that clean up remediation material containing 
1 megagram per year or more organic HAP listed in Table 1 of the Site 
Remediation Rule. It specifically requires emissions controls and/or 
work practice requirements for three groups of emission points: Process 
vents, remediation material management units (tanks, containers, 
surface impoundments, oil/water separators, organic/water separators, 
drain systems), and equipment leaks. In addition, the rule contains 
monitoring, recordkeeping, and reporting requirements.
    In order to make the rule applicable to CERCLA and RCRA site 
remediations, we are further proposing to remove the requirement in 40 
CFR 63.7881(a)(2) that an affected site remediation be co-located with 
a facility that is regulated by other NESHAP (i.e., by a separate 
subpart under 40 CFR part 63). This is necessary to ensure that site 
remediations that are themselves major sources of HAP, without regard 
for co-location with another facility, are now covered by the rule.
    We are soliciting comment on these proposed rule amendments. The 
EPA is accepting comment only on the proposed removal of the exemptions 
for site remediations conducted under the authority of CERCLA or RCRA. 
The analyses presented in this notice and in supporting documents in 
the docket do not affect or alter other aspects of the Site Remediation 
Rule.

B. What compliance dates are we proposing?

    We are proposing to make the recordkeeping and reporting 
requirements specified in 40 CFR 63.7950-7953 and 63.7955 applicable to 
new and existing affected sources conducting site remediations under 
CERCLA or RCRA on the effective date of the final amendment removing 
the RCRA/CERCLA exemption. The effective date is the date of 
publication of the final rule in the Federal Register.

[[Page 29825]]

We are proposing this applicability date for these recordkeeping and 
reporting requirements because we believe that the recordkeeping and 
reporting schedule that applied to new and existing site remediation 
affected sources in the 2003 final rule is still applicable to new and 
existing sources that become subject to the Site Remediation Rule as a 
result of removing the CERCLA and RCRA exemptions. In addition, the 
available information indicated this requirement should be immediately 
implementable by the affected facilities.
    The proposed compliance dates for the rule's substantive 
requirements differ according to whether a site remediation is an 
existing or new affected source. For the purpose of this proposed rule 
revision, you are an existing affected source if you commenced 
construction or reconstruction of the affected source before the date 
of publication of this proposed rule in the Federal Register and you 
conduct site remediation activities that are overseen by the EPA or 
another authorized agency (e.g., a state or local environmental 
protection agency) under the authorities of CERCLA or RCRA. For these 
existing affected sources, we are proposing a compliance date for the 
process vent, remediation material management unit, and equipment leak 
requirements of 18 months from the effective date of the final 
amendment removing the RCRA/CERCLA exemption.
    You are a new affected source if you commenced construction or 
reconstruction of the affected source after the date of publication of 
this proposed rule in the Federal Register and you conduct site 
remediation activities that are overseen by the EPA or another 
authorized agency under the authorities of CERCLA or RCRA. For these 
new affected sources, we are proposing a compliance date for the 
process vent, remediation material management unit, and equipment leak 
requirements on the effective date of the final amendment removing the 
RCRA/CERCLA exemption.

IV. Summary of Cost, Environmental, and Economic Impacts and Additional 
Analyses Conducted

A. What are the affected sources?

    We estimate 69 major source facilities will become subject to the 
Site Remediation Rule as a result of the proposed removal of the RCRA/
CERCLA exemption. Based on available information from the RCRA and 
CERCLA programs, 24 of these facilities are expected to be subject to a 
limited set of the rule requirements under 40 CFR 63.7881(c)(1) due to 
the low annual quantity of HAP contained in the remediation material 
excavated, extracted, pumped, or otherwise removed during the site 
remediations conducted at the facilities. These facilities will only be 
required to prepare and maintain written documentation to support the 
determination that the total annual quantity of the HAP contained in 
the remediation material excavated, extracted, pumped, or otherwise 
removed at the facility is less than 1 megagram per year. They are not 
subject to any other emissions limits, work practices, monitoring, 
reporting, or recordkeeping requirements. For the remaining 45 
facilities, we anticipate each facility will have an annual quantity of 
HAP in the removed remediation material of 1 megagram or more. For 
these facilities, we expect that either the facilities already meet the 
emission control and work practice requirements of the Site Remediation 
Rule or no emission control requirements or work practice standards 
will apply because the waste is shipped offsite for treatment and no 
controls or work practice requirements would be applicable prior to 
treatment (e.g., contaminated soil before it is shipped offsite for 
destruction). For these 45 facilities, we anticipate the only new 
requirements for the Site Remediation Rule will be the initial and 
ongoing recordkeeping and reporting obligations required by 40 CFR 
63.7936 and 40 CFR 63.7950 through 63.7952. These sections describe the 
recordkeeping and reporting activities required for transferring the 
remediation material off-site to another facility; the initial 
notification and on-going notification requirements; the ongoing semi-
annual compliance reporting requirements; and recordkeeping 
requirements for continuous monitoring, planned routine maintenance, 
and for units that are exempt from control requirements. While new site 
remediations are likely to be conducted under the authority of CERCLA 
or RCRA in the future, we are currently not aware of any specific new 
site remediation facilities that are expected to be constructed.
    The potential scope of this action's impacts on affected entities 
is discussed in greater depth in the memorandum, National Impacts 
Associated with the Proposed Amendments to Remove the Exemption for 
Facilities Performing Site Remediations under CERCLA or RCRA in the 
NESHAP for Site Remediation, which is available in the rulemaking 
docket (Docket ID No. EPA-HQ-OAR-2002-0021).

B. What are the air quality impacts?

    We do not anticipate any HAP emission reductions from the proposed 
removal of the RCRA/CERCLA exemption. We expect that facilities newly 
becoming subject to the rule will either be subject to a limited set of 
the emissions control requirements of the rule due to the low amount of 
HAP contained in the remediation material handled, will already meet 
the emissions control requirements of the rule, or will not have any 
applicable emissions control requirements for the specific remediation 
activities and material handled.

C. What are the cost impacts?

    None of the 69 affected facilities are anticipated to implement 
additional emissions control to meet the requirements of the Site 
Remediation Rule and, therefore, we estimate no capital costs 
associated with the proposed removal of the RCRA/CERCLA exemption. We 
have estimated the nationwide costs for compliance with the reporting 
and recordkeeping requirements to be approximately $2.16 million.

D. What are the economic impacts?

    Both the magnitude of control costs needed to comply with a 
regulation and the distribution of these costs among affected 
facilities can have a role in determining how the market will change in 
response to that regulation. We estimate an annualized cost of $13,000 
per affected facility for the facilities with remediation waste 
containing HAP below the rule annual threshold of 1 megagram and 
$41,000 per affected facility for the facilities with remediation waste 
containing the rule threshold amount of 1 megagram or more HAP 
annually. We, therefore, estimate the average annualized cost per 
affected facility to be about $31,000 and the total annualized costs 
for the proposed amendments are estimated to be about $2.16 million. 
Without detailed industry data, it is not possible to conduct a 
complete quantitative analysis of economic impacts. However, prior 
economic impact screening analyses suggest the impacts of the proposed 
amendment will be minimal. In the economic analysis for this action, 
Economic Impact Analysis for Site Remediation NESHAP Amendments (Docket 
ID No. EPA-HQ-OAR-2002-0021), we found that all firms with compliance 
costs are estimated to have firm-level cost-to-sales ratios of less 
than 0.03 percent.

[[Page 29826]]

E. What are the benefits?

    The proposed standards will ensure existing air emissions controls 
implemented at facilities that become subject to the rule with the 
removal of the RCRA/CERCLA exemption will continue to reduce emissions 
to at least the required levels of the rule. In addition, any future 
remediation activities at these facilities or facilities constructed in 
the future will include the required levels of HAP emissions control. 
We have not quantified the monetary benefits associated with the 
amendment; however, any future avoided emissions will result in 
improvements in air quality and reduce negative health effects 
associated with exposure to such air pollution.

V. Solicitation of Public Comment and Participation

    The EPA seeks full public participation in arriving at its final 
decisions. The EPA requests public comment on the issues under 
reconsideration addressed in this notice: (1) The proposed removal of 
the RCRA and CERCLA exemptions and (2) the proposed removal of the 
applicability requirement that a site remediation activity be co-
located with other source categories subject to other NESHAP. At this 
time, the EPA is seeking comment only on the amendments described 
above. The EPA will not respond to any comments addressing any other 
issues or any other provisions of the final rule or any other rule.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the OMB for review.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have 
been submitted for approval to the OMB under the PRA. The Information 
Collection Request (ICR) document that the EPA prepared has been 
assigned EPA ICR number 2062.06. You can find a copy of the ICR in the 
docket for this rule, and it is briefly summarized here.
    The information requirements in this rulemaking are based on the 
notification, recordkeeping, and reporting requirements in the NESHAP 
General Provisions (40 CFR part 63, subpart A), which are mandatory for 
all operators subject to national emission standards. These 
notifications, reports, and records are essential in determining 
compliance, and are specifically authorized by CAA section 114 (42 
U.S.C. 7414). All information submitted to the EPA pursuant to the 
recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to agency policies set 
forth in 40 CFR part 2, subpart B.
    Respondents/affected entities: Unlike a specific industry sector or 
type of business, the respondents potentially affected by this ICR 
cannot be easily or definitively identified. Potentially, the Site 
Remediation Rule may be applicable to any type of business or facility 
at which a site remediation is conducted to clean up media contaminated 
with organic HAP when the remediation activities are performed, the 
authority under which the remediation activities are performed, and the 
magnitude of the HAP in the remediation material meets the 
applicability criteria specified in the rule. A site remediation that 
is subject to this rule potentially may be conducted at any type of 
privately-owned or government-owned facility at which contamination has 
occurred due to past events or current activities at the facility. For 
site remediation performed at sites where the facility has been 
abandoned and there is no owner, a government agency takes 
responsibility for the cleanup.
    Respondent's obligation to respond: Mandatory (42 U.S.C. 7414).
    Estimated number of respondents: 355 total for the source category, 
of which 69 are estimated to become respondents as a result of this 
proposed action.
    Frequency of response: Semiannual.
    Total estimated burden: 146,265 total hours (per year) for the 
source category, of which 13,268 hours are estimated as a result of 
this proposed action. Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: $8.9 million total (per year) for the source 
category, of which approximately $811,000 is estimated as a result of 
this proposed action. This includes $582,000 total annualized capital 
or operation and maintenance costs for the source category, of which $0 
is estimated as a result of this proposed action.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the 
accuracy of the provided burden estimates and any suggested methods for 
minimizing respondent burden to the EPA using the docket identified at 
the beginning of this rule. You may also send your ICR-related comments 
to OMB's Office of Information and Regulatory Affairs via email to 
[email protected], Attention: Desk Officer for the EPA. 
Since OMB is required to make a decision concerning the ICR between 30 
and 60 days after receipt, OMB must receive comments no later than June 
13, 2016. The EPA will respond to any ICR-related comments in the final 
rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. There are no 
small entities subject to the requirements of this action. The proposed 
amendments to the Site Remediation Rule are estimated to affect 69 
facilities. Of these 69 facilities, 13 are owned by the federal 
government, which is not a small entity. The remaining 56 facilities 
are owned by 46 firms, and the Agency has determined that none of these 
can be classified as small entities using the Small Business 
Administration size standards for their respective industries. Details 
of this analysis are presented in the memorandum, Economic Impact 
Analysis for Site Remediation NESHAP Amendments, which is available in 
the docket for this action (Docket ID No. EPA-HQ-OAR-2002-0021).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action imposes 
no enforceable duty on any state, local, or tribal governments or the 
private sector.

E. Executive Order 13132: Federalism

    This action 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.

[[Page 29827]]

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

    This action does not have tribal implications as specified in 
Executive Order 13175. There are no site remediations at facilities 
that would be affected by the proposed amendments that are owned or 
operated by tribal governments. Thus, Executive Order 13175 does not 
apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income, 
or indigenous populations. The proposed amendments increase the level 
of protection provided to human health or the environment by regulating 
site remediations previously exempt from the rule.

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: May 2, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, the Environmental 
Protection Agency (EPA) proposes to amend Title 40, chapter I, of the 
Code of Federal Regulations (CFR) as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

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

Subpart GGGGG--National Emission Standards for Hazardous Air 
Pollutants: Site Remediation

0
2. Section 63.7881 is amended by:
0
a. Revising paragraphs (a)(2) introductory text, (a)(2(i) and (ii), 
(a)(3) introductory text, and (b) introductory text;
0
b. Removing paragraphs (b)(2) and (3); and
0
c. Redesignating paragraphs (b)(4) through (6) as (b)(2) through (4).
    The revisions read as follows:


Sec.  63.7881  Am I subject to this subpart?

    (a) * * *
    (2) Your site remediation satisfies either paragraph (a)(2)(i) or 
(ii) of this section.
    (i) Your site remediation is co-located at your facility with one 
or more other stationary sources that emit HAP and meet an affected 
source definition specified for a source category that is regulated by 
another subpart under 40 CFR part 63. This condition applies regardless 
whether or not the affected stationary source(s) at your facility is 
subject to the standards under the applicable subpart(s).
    (ii) Your site remediation is not co-located with one or more other 
stationary sources.
    (3) Your site remediation, either alone or when aggregated with a 
co-located facility, is a major source of HAP as defined in Sec.  63.2, 
except as specified in paragraph (a)(3)(i) or (ii) of this section. A 
major source emits or has the potential to emit any single HAP at the 
rate of 10 tons (9.07 megagrams) or more per year or any combination of 
HAP at a rate of 25 tons (22.68 megagrams) or more per year.
* * * * *
    (b) You are not subject to this subpart if your site remediation 
qualifies for any of one of the exemptions listed in paragraphs (b)(1) 
through (4) of this section.
* * * * *
0
3. Section 63.7882 is amended by revising paragraph (b) and removing 
paragraph (c).
    The revision reads as follows:


Sec.  63.7882  What site remediation sources at my facility does this 
subpart affect?

* * * * *
    (b) Affected existing and new sources. Each affected source for 
your site is existing if you meet the conditions specified in paragraph 
(b)(1) or (2) of this section. Each affected source for your site is 
new if you meet the conditions specified in paragraph (b)(3) or (4) of 
this section.
    (1) Your affected source is an existing source if you commenced 
construction or reconstruction of the affected source before July 30, 
2002, and you are not conducting the site remediation under the 
authority specified in either paragraph (b)(5)(i) or (ii) of this 
section.
    (2) Your affected source is an existing source if you commenced 
construction or reconstruction of the affected source before May 13, 
2016 and you are conducting the site remediation under the authority 
specified in either paragraph (b)(5)(i) or (ii) of this section.
    (3) Your affected source is a new source if you commenced 
construction or reconstruction of the affected source on or after July 
30, 2002, and you are not conducting the site remediation under the 
authority specified in either paragraph (b)(5)(i) or (ii) of this 
section. An affected source is reconstructed if it meets the definition 
of reconstruction in Sec.  63.2.
    (4) Your affected source is a new source if you commenced 
construction or reconstruction of the affected source on or after May 
13, 2016, and you are conducting the site remediation under the 
authority specified in either paragraph (b)(5)(i) or (ii) of this 
section.
    (5) Your site remediation conducted under the authority specified 
in paragraphs (b)(5)(i) or (ii) is existing or new as specified in 
paragraphs (b)(1) through (4) of this section.
    (i) Your site remediation is performed under the authority of the 
Comprehensive Environmental Response and Compensation Liability Act 
(CERCLA) as a remedial action or a non time-critical removal action.
    (ii) Your site remediation is performed under a Resource 
Conservation and Recovery Act (RCRA) corrective action conducted at a 
treatment, storage and disposal facility (TSDF) that is either required 
by your permit issued by either the U.S. Environmental Protection 
Agency (EPA) or a State program authorized by the EPA under RCRA 
section 3006; required by orders authorized under RCRA; or

[[Page 29828]]

required by orders authorized under RCRA section 7003.
* * * * *
0
4. Section 63.7883 is amended by revising paragraphs (a), (b), and (c) 
to read as follows:


Sec.  63.7883  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply with 
each emission limitation, work practice standard, and operation and 
maintenance requirement in this subpart as specified in paragraph 
(a)(1) or (a)(2), as applicable to your affected source.
    (1) If the affected source meets the conditions specified in Sec.  
63.7882(b)(1), you must comply no later than October 9, 2006.
    (2) If the affected source meets the conditions specified in Sec.  
63.7882(b)(2), you must comply no later than [insert date 18 months 
after date of final rule publication in the Federal Register].
    (b) If you have a new affected source that manages remediation 
material other than a radioactive mixed waste as defined in Sec.  
63.7957, then you must meet the compliance date specified in one of 
paragraphs (b)(1) through (4) of this section, as applicable to your 
affected source.
    (1) If the affected source meets the conditions specified in Sec.  
63.7882(b)(3) and the affected source's initial startup date is on or 
before October 8, 2003, you must comply with each emission limitation, 
work practice standard, and operation and maintenance requirement in 
this subpart that applies to you by October 8, 2003.
    (2) If the affected source meets the conditions specified in Sec.  
63.7882(b)(3) and the affected source's initial startup date is after 
October 8, 2003, you must comply with each emission limitation, work 
practice standard, and operation and maintenance requirement in this 
subpart that applies to you upon initial startup.
    (3) If the affected source meets the conditions specified in Sec.  
63.7882(b)(4) and the affected source's initial startup date is on or 
before [insert date of final rule publication in the Federal Register], 
you must comply with each emission limitation, work practice standard, 
and operation and maintenance requirement in this subpart that applies 
to you by [insert date of final rule publication in the Federal 
Register].
    (4) If the affected source meets the conditions specified in Sec.  
63.7882(b)(4) and the affected source's initial startup date is after 
[insert date of final rule publication in the Federal Register], you 
must comply with each emission limitation, work practice standard, and 
operation and maintenance requirement in this subpart that applies to 
you upon initial startup.
    (c) If you have a new affected source that manages remediation 
material that is a radioactive mixed waste as defined in Sec.  63.7957, 
then you must meet the compliance date specified in one of paragraphs 
(c)(1) through (4) of this section, as applicable to your affected 
source.
    (1) If the affected source meets the conditions specified in Sec.  
63.7882(b)(3) and the affected source's initial startup date is on or 
before October 8, 2003, you must comply with each emission limitation, 
work practice standard, and operation and maintenance requirement in 
this subpart that applies to you no later than October 9, 2006.
    (2) If the affected source meets the conditions specified in Sec.  
63.7882(b)(3) and the affected source's initial startup date is after 
October 8, 2003, you must comply with each emission limitation, work 
practice standard, and operation and maintenance requirement in this 
subpart that applies to you upon initial startup.
    (3) If the affected source meets the conditions specified in Sec.  
63.7882(b)(4) and the affected source's initial startup date is on or 
before [insert date of final rule publication in the Federal Register], 
you must comply with each emission limitation, work practice standard, 
and operation and maintenance requirement in this subpart that applies 
to you no later than [insert date of final rule publication in the 
Federal Register].
    (4) If the affected source meets the conditions specified in Sec.  
63.7882(b)(4) and the affected source's initial startup date is after 
[insert date of final rule publication in the Federal Register], you 
must comply with each emission limitation, work practice standard, and 
operation and maintenance requirement in this subpart that applies to 
you upon initial startup.
* * * * *
0
5. Section 63.7950 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec.  63.7950  What notifications must I submit and when?

* * * * *
    (b)(1) As specified in Sec.  63.9(b)(2), if you start up your 
affected source before October 8, 2003 and you are not conducting the 
site remediation under the authority specified in either Sec.  
63.7882(b)(5)(i) or (ii), you must submit an Initial Notification not 
later than 120 calendar days after October 8, 2003.
    (2) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before May 13, 2016 and you are conducting the site remediation 
under the authority specified in either Sec.  63.7882(b)(5)(i) or (ii), 
you must submit an Initial Notification not later than 120 calendar 
days after [insert date of final rule publication in the Federal 
Register].
    (c) As specified in Sec.  63.9(b)(3), if your affected source is 
new or reconstructed as specified in Sec.  63.7882 (b)(3) or (4) and 
you start your new or reconstructed affected source on or after the 
respective effective date, you must submit an Initial Notification no 
later than 120 calendar days after initial startup.
* * * * *

[FR Doc. 2016-10988 Filed 5-12-16; 8:45 am]
 BILLING CODE 6560-50-P