[Federal Register Volume 61, Number 243 (Tuesday, December 17, 1996)]
[Rules and Regulations]
[Pages 66226-66228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31344]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 63
[AD-FRL-5601-7]
RIN 2060-AE02
RIN 2060-AD98
National Emission Standards for Hazardous Air Pollutants for
Source Categories: Aerospace Manufacturing and Rework Facilities and
Shipbuilding and Ship Repair (Surface Coating) Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: This action corrects the National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Aerospace Manufacturing and
Rework Facilities and Shipbuilding and Ship Repair (Surface Coating)
Operations promulgated in the Federal Register on September 1, 1995 (60
FR 45948) and December 15, 1995 (60 FR 64330), respectively. This
action also announces that the Information Collection Requirements
(ICR) contained in the NESHAP for Shipbuilding and Ship Repair (Surface
Coating) Operations have been approved by the Office of Management and
Budget (OMB).
EFFECTIVE DATE: December 17, 1996.
FOR FURTHER INFORMATION CONTACT: For information on the aerospace
manufacturing and rework facilities standard contact Mr. James Szykman
at (919) 541-2452, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711. For information on the shipbuilding and ship repair (surface
coating) standard contact Dr. Mohamed Serageldin at (919) 541-2379,
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION: The Administrator is invoking the ``good
cause'' exception of the Administrative Procedures Act, 5 U.S.C.
553(b)(3)(B), which allows an agency to promulgate rules without notice
or the opportunity for comment when it finds that such procedures would
be ``impracticable, unnecessary, or contrary to the public interest.''
Following notice and comment procedures for this rule would be
unnecessary because the changes effected here are only minor
corrections that do not changes the intended effect of the original
rule. The Administrator is also invoking the good cause provision to
make this rule immediately effective upon its date of publication.
I. Shipbuilding and Ship Repair (Surface Coating)
The NESHAP for shipbuilding and ship repair (surface coating)
operations was promulgated in the Federal Register on December 15, 1995
(60 FR 64330) as subpart II of 40 CFR Part 63.
The final rule contained (1) errors in numbering the incorporations
by reference which were added to Sec. 63.14; (2) improper punctuation
in Sec. 63.788(b)(3)(ii)(B); (3) a footnote to Table 2 of subpart II
which incorrectly identified those coating categories that were not
given cold-weather allowances; and (4) inappropriate use of the term
``unaffected'' major sources in Sec. 63.788(b)(1). This action corrects
these portions of the final rule. In addition, it amends the table in
40 CFR Part 9 of ICR control numbers issued by OMB for approved
collections of information in certain EPA regulations. At the time of
publication of the final rule, the EPA did not have an approved ICR
control number to add to the table. The OMB subsequently approved the
ICR for the final NESHAP, and the approved ICR control number (2060-
0330) is being added to 40 CFR Part 9.
II. Aerospace Manufacturing and Rework Facilities
The NESHAP for aerospace manufacturing and rework facilities was
promulgated in the Federal Register on September 1, 1995 (60 FR 45948).
A document of correction to the final rule was published in the Federal
Register on February 9, 1996 (61 FR 4902) which corrected the deadline
for existing sources to submit an initial notification to the
Administrator.
The amendatory language for this final rule correction
inadvertently referenced paragraph (a)(1) instead of referencing
paragraph (a)(2) of Section 63.753. The amendatory language should have
read, ``Section 63.753 is amended by adding a new sentence to the
beginning of paragraph (a)(2) as follows:'' This document includes the
applicable language to make this correction.
Administrative Requirements
I. Paperwork Reduction Act
The information collection requirements of the previously
promulgated NESHAP were submitted to and approved by the Office of
Management and Budget (OMB). A copy of the Information Collection
Request (ICR) documents (OMB number 1414.02 and 1687.01, for
shipbuilding and
[[Page 66227]]
aerospace, respectively) may be obtained from Sandy Farmer, Information
Policy Branch (PM-223Y); U.S. Environmental Protection Agency; 401 M
Street, SW; Washington, DC 20460 or by calling (202) 260-2740.
Today's changes to the NESHAP should have no impact on the
information collection burden estimates made previously.
II. Executive Order 12866 Review
Under Executive Order 12866, the EPA must determine whether the
proposed regulatory action is ``not significant'' and therefore,
subject to OMB review and the requirements of the executive order. The
Order defines ``significant'' regulatory action as one that is likely
to lead to a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety in State, local, or tribal governments or communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the executive order.
The Shipbuilding NESHAP promulgated on December 15, 1995 was
determined to not be a ``significant regulatory action'' under
Executive Order 12866. The Aerospace NESHAP promulgated on September 1,
1995 has been determined to be a ``significant regulatory action''
under Executive Order 12866. The amendments issued today do not add any
additional control requirements or costs. Therefore, this regulatory
action does not affect the previous decisions and is not considered to
be significant.
III. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, the EPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
IV. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995, the
EPA must prepare a budgetary impact statement to accompany any proposed
or final rule that includes a Federal mandate that may result in
estimated costs to State, local, or tribal governments in the
aggregate; or to the private sector, of $100 million or more. Under
Section 205, the EPA must select the least costly, most cost-effective
or least burdensome alternative that achieves the objectives of the
rule and is consistent with statutory requirements. Section 203
requires the EPA to establish a plan for informing and advising any
small governments that may be significantly or uniquely impacted by the
rule.
The EPA has determined that the action promulgated today does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector.
Therefore, the requirements of the Unfunded Mandates Reform Act do
not apply to this action.
List of Subjects
40 CFR Part 9
Reporting and recordkeeping requirements.
40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Incorporation by reference, Reporting and recordkeeping
requirements.
Dated: August 22, 1996.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
For the reasons set out in the preamble, Title 40, Chapter I of the
Code of Federal Regulations is amended as follows:
PART 9--[AMENDED]
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
2. Section 9.1 is amended by adding the new entries under the
indicated heading to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act
* * * * *
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OMB
40 CFR citation control
No.
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* * * * *
National Emission Standards for Hazardous Air Pollutants for Source
Categories\3\
* * * * *
63.5(d)..................................................... 2060-0330
63.787 (a)-(b).............................................. 2060-0330
63.788 (a)-(c).............................................. 2060-0330
* * * * *
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\3\ The ICRs referenced in this section of the Table encompass the
applicable general provisions contained in 40 CFR Part 63, subpart A,
which are not independent information collection requirements.
PART 63--[AMENDED]
3. The authority citation for Part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
4. Section 63.14 is amended by redesignating paragraphs (b)(4)
through (b)(14) added on December 15, 1995 at 60 FR 64336 as paragraphs
(b)(8) through (b)(18).
Subpart GG--National Emission Standards for Aerospace Manufacturing
and Rework Facilities
5. Section 63.753 is amended by adding a new sentence to the
beginning of paragraph (a)(2) to read as follows:
Sec. 63.753 Reporting requirements.
(a)(1) * * *
(2) The initial notification for existing sources, required in
Sec. 63.9(b)(2) shall be submitted no later than September 1, 1997. * *
*
* * * * *
Subpart II--National Emission Standards for Shipbuilding and Ship
Repair (Surface Coating) Operations
6. Section 63.788 is amended to revise the first sentence of
paragraph (b)(1) as follows:
* * * * *
Sec. 63.788 Recordkeeping and Reporting Requirements.
* * * * *
(b) * * *
(1) Each owner or operator of a major source shipbuilding or ship
repair facility having surface coating operations with less than 1000
liters (L) (264 gallons (gal)) annual marine
[[Page 66228]]
coating usage shall record the total volume of coating applied at the
source to ships. * * *
* * * * *
7. Table 2 to Subpart II of Part 63, footnote (e) is revised as
follows:
* * * * *
Table 2 to Subpart II of Part 63.--Volatile Organic HAP (VOHAP) Limits
for Marine Coatings
* * * * *
These limits apply during cold-weather time periods, as defined in
Sec. 63.782. Cold-weather allowances are not given to coatings in
categories that permit less than 40 percent volume solids
(nonvolatiles). Such coatings are subject to the same limits regardless
of weather conditions.
* * * * *
[FR Doc. 96-31344 Filed 12-16-96; 8:45 am]
BILLING CODE 6560-50-P
