[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 4902-4903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2923]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5419-7]
National Emission Standards for Hazardous Air Pollutants for
Source Categories: Aerospace Manufacturing and Rework Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: This document corrects an error in the regulatory text of the
final rule for national emissions standards for hazardous air
pollutants for aerospace manufacturing and rework facilities that was
promulgated in the Federal Register on September 1, 1995 (60 FR 45948).
EFFECTIVE DATE: This regulation is effective February 9, 1996.
FOR FURTHER INFORMATION CONTACT:
For general or technical information concerning the standards, contact
Mr. James Szykman, Emission Standards Division (MD-13), U.S.
Environmental
[[Page 4903]]
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone (919) 541-2452.
SUPPLEMENTARY INFORMATION: Section 112 of the Act requires EPA to
promulgate national emission standards for sources of hazardous air
pollutants (HAP). On September 1, 1995 (60 FR 45947), the Agency
promulgated final standards for the aerospace manufacturing and rework
industry. Among other provisions, the rule established a deadline for
existing sources to submit an initial notification to the
Administrator.
The submittal of an initial notification by owners or operators of
existing sources affected by relevant standards is required under
Sec. 63.9(b)(2) of the General Provisions to 40 CFR part 63. Section
63.9(b)(2) requires that this initial notification be submitted to the
Administrator within 120 days of the effective date of a promulgated
NESHAP. In the case of the final Aerospace NESHAP, affected existing
facilities would be required to submit an initial notification by
December 30, 1995.
However, in paragraph V.H.(2)(a) of the preamble to the proposed
aerospace manufacturing and rework NESHAP published in the Federal
Register on June 6, 1994 (59 FR 29216), the Agency stated its intent to
override the submittal date specified in the General Provisions and to
require owners or operators of affected aerospace manufacturing and
rework facilities to submit this initial notification ``* * * no later
than 12 months before the final compliance date [i.e., by September 1,
1997] * * *.'' One comment was received concerning the submittal of the
initial notification (see Docket Number A-92-20, Entry Number IV-D-31).
This commenter requested that the initial notification be submitted
within the 120 days specified in the General Provisions. While the
Agency generally favors early interaction amongst the regulated
community, permitting agencies, and the public, especially in instances
where the final compliance date is less than three years from
promulgation; the Agency was not compelled to alter its position from
that found in the preamble to the proposed rule because of the three
years allowed for existing sources to comply. Therefore, the final rule
should have indicated requirements for the submittal of an initial
notification within 2 years of the effective date of the final
standard. However, language specifying the September 1, 1997 date for
submittal of the initial notification was mistakenly omitted from the
final rule published in the Federal Register. In today's document, the
Agency has corrected this omission and has included the applicable
language.
Dated: February 1, 1996.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.
The following corrections are being made in the regulatory text
for: National Emission Standards for Hazardous Air Pollutants for
Aerospace Manufacturing and Rework Facilities published in the Federal
Register on September 1, 1995 (60 FR 45948):
Sec. 63.753 [Corrected]
1. Paragraph (a)(1) of Sec. 65.753 on page 45979, column 1, should
read as follows:
* * * * *
(a)(1) Except as provided in paragraphs (a)(2) and (a)(3) of this
section, each owner or operator subject to this subpart shall fulfill
the requirements contained in Sec. 63.9 (a) through (e) and (h) through
(j), Notification requirements, and Sec. 63.10 (a), (b), (d) and (f),
Recordkeeping and reporting requirements, of the General Provisions, 40
CFR part 63, subpart A, except that the initial notification
requirements for new or reconstructed affected sources in Sec. 63.9(b)
(3) though (5) shall not apply. In addition to the requirements of
Sec. 63.9(h), the notification of compliance status shall include:
(i) Information detailing whether the source has operated within
the specified ranges of its designated operating parameters.
(ii) For each coating line, where averaging will be used along with
the types of quantities of coatings the facility expects to use in the
first year of operation. Averaging scheme shall be approved by the
Administrator or delegated State authority and shall be included as
part of the facility's title V or part 70 permit.
(2) The initial notification for existing sources, required in
Sec. 63.9(b)(2) shall be submitted no later than September 1, 1997. For
the purpose of this subpart, a title V or part 70 permit application
may be used in lieu of the initial notification required under
Sec. 63.9(b)(2), provided the same information is contained in the
permit application as required by Sec. 63.9(b)(2), and the State to
which the permit application has been submitted has an approved
operating permit program under part 70 of this chapter and has received
delegation of authority from the EPA. Permit applications shall be
submitted by the same due dates as those specified for the initial
notifications.
* * * * *
[FR Doc. 96-2923 Filed 2-8-96; 8:45 am]
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