[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Rules and Regulations]
[Pages 4570-4572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2196]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6227-5]
RIN 2060-AE04
National Emission Standards for Hazardous Air Pollutants From
Secondary Lead Smelting
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 new and existing secondary lead
smelters. Specifically, the compliance date is corrected to December
23, 1997, and a 5-year Title V permitting deferral for non-major
sources is reinstated.
DATES: Effective Date: January 29, 1999.
Judicial Review. Under section 307(b)(1) of the Act, judicial
review of a NESHAP is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit within
60 days of the publication of this final rule. Under section 307(b)(2)
of the Act, the requirements that are the subject of this document may
not be challenged later in civil or criminal proceedings brought by the
EPA to enforce these requirements.
[[Page 4571]]
ADDRESSES: Docket. Docket No. A-92-43, containing information
considered by the EPA in development of the promulgated standards, is
available for public inspection and copying between 8:00 a.m. and 5:30
p.m., Monday through Friday except for Federal holidays, at the
following address: U.S. Environmental Protection Agency, Air and
Radiation Docket and Information Center (MC-6102), 401 M Street, SW,
Washington, DC 20460; telephone (202) 260-7548. The docket is located
at the above address in Room M-1500, Waterside Mall (ground floor). A
reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Metals Group,
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone (919)
541-2364.
SUPPLEMENTARY INFORMATION:
I. Overview
The EPA promulgated the NESHAP for new and existing secondary lead
smelters on June 23, 1995 (60 FR 32587). The compliance date was set at
June 23, 1997. On December 12, 1996 (61 FR 65334), the EPA extended the
compliance date to December 23, 1997. On June 13, 1997, the EPA amended
the rule, and inadvertently reset the compliance date to June 23, 1997.
This action corrects the compliance date to December 23, 1997, as
extended in the December 12, 1996 amendment to the rule.
On June 3, 1996, a 5-year Title V permitting deferral for area
sources was added (61 FR 27785). Again, when the rule was amended on
June 13, 1997, the deferral was inadvertently removed. This action
reinstates the 5-year Title V permitting deferral for area sources.
II. Administrative Requirements
The Administrative Procedure Act
Consistent with section 553(b) of the Administrative Procedure Act
(APA), the EPA has found good cause that notice and an opportunity to
comment on this action is unnecessary because this action merely
corrects a typographical error and would not benefit from public
comment. In addition, the EPA has found good cause under APA section
553(d)(3) for waiving the APA's 30-day delay in effectiveness as to
this final rule. It is important that this minor correction becomes
effective immediately because it corrects a regulatory requirement that
is currently applicable to affected facilities.
Docket
The docket is an organized and complete file of all the information
considered by the EPA in the development of this rulemaking. The docket
is a dynamic file, since material is added throughout the rulemaking
development. The docket system is intended to allow members of the
public and affected industries to readily identify and locate documents
so that they can effectively participate in the rulemaking process.
Along with the background information documents (BIDs) and preambles to
the proposed and promulgated standards, the contents of the docket,
excluding interagency review materials, will serve as the official
record in case of judicial review (section 307(d)(7)(A) of the Act).
Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether a regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The EPA has determined that this correction to the
final rule is not a ``significant regulatory action'' under the terms
of the Executive Order and is therefore not subject to OMB review.
Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's correction does not create a mandate on State, local or tribal
governments. The correction does not impose any enforceable duties on
these entities. Accordingly, the requirements of section 1(a) of
Executive Order 12875 do not apply to this correction.
Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's
action does not significantly or uniquely affect the communities of
Indian tribal governments. Accordingly, the requirements of section
3(b) of Executive Order 13084 do not apply to this action.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., EPA must
consider the paperwork burden imposed by any information collection
request in a proposed or final rule. This action will not impose any
new information collection requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act (or RFA, Public Law 96-354,
September 19, 1980) requires Federal agencies to give special
consideration to the impact of regulation on small businesses. The RFA
specifies that a regulatory flexibility analysis must be prepared if a
screening analysis indicates a regulation will have a significant
economic impact on a substantial number of small entities. This action
will not result in increased economic impacts to small entities.
[[Page 4572]]
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, EPA submitted a report
containing this action 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).
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub. L. No. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. This action does not involve
technical standards.
Protection of Children from Environmental Health Risks and Safety Risk
Under Executive Order 13045
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) is determined to be ``economically significant''
as defined under E.O. 12866, and (2) concerns an environmental health
or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. This action
is not subject to E.O. 13045 because it is not economically
significant, nor does it involve decisions based on environmental
health or safety risks.
List of Subjects in 40 CFR Part 63
Environmental protection, Compliance dates, Secondary lead
smelters.
Dated: January 22, 1999.
Robert Perciasepe,
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 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 63.541 is amended by adding paragraph (c) to read as
follows:
Sec. 63.541 Applicability.
* * * * *
(c) The owner or operator of any source subject to the provisions
of this subpart X is subject to title V permitting requirements. These
affected sources, if not major or located at major sources as defined
under 40 CFR 70.2, may be deferred by the applicable title V permitting
authority from title V permitting requirements for 5 years after the
date on which the EPA first approves a part 70 program (i.e., until
December 9, 1999). All sources receiving deferrals shall submit title V
permit applications within 12 months of such date (by December 9,
2000). All sources receiving deferrals still must meet the compliance
schedule as stated in Sec. 63.546.
3. Section 63.546 is amended by revising paragraph (a) as follows:
Sec. 63.546 Compliance dates.
(a) Each owner or operator of an existing secondary lead smelter
shall achieve compliance with the requirements of this subpart no later
than December 23, 1997. Existing sources wishing to apply for an
extension of compliance pursuant to section Sec. 63.6(i) of this part
must do so no later than June 23, 1997.
* * * * *
[FR Doc. 99-2196 Filed 1-28-99; 8:45 am]
BILLING CODE 6560-50-U
