[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Notices]
[Pages 61550-61552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29113]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5335-8]
Delisting of Source Category and Revision of Initial List of
Categories of Sources and Schedule for Standards Under Section 112(c)
of the Clean Air Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Removal of the asbestos processing area source category from
the initial list of categories of sources and schedule for standards
for major and area sources of hazardous air pollutants.
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SUMMARY: This notice removes the asbestos processing source category
from the initial list of categories of sources of hazardous air
pollutants (HAP), published on July 16, 1992 (57FR31576), and the
schedule for promulgation of emission standards, published on December
3, 1993 (58FR63941).
This action finalizes the notice published in the Federal Register
(FR) on January 24, 1995 by removing an area source category (asbestos
processing) that was listed on July 16, 1992 (57FR31576). As presented
in 60FR4624, this decision is based on data obtained during the initial
stage of standards development for this source category. Under this
listing, asbestos emissions from asbestos processing sources were
studied to determine whether they could be further reduced beyond the
levels achieved under the existing National Emission Standards for HAP
(NESHAP) that apply to these sources. These data conclusively show that
asbestos emissions from specific plants that were the basis for the
initial listing are significantly lower than previously estimated. As a
result, the Agency believes that no source in the category emits
asbestos in quantities that pose an individual risk greater than one in
one million and that the previous determination that asbestos emissions
from these plants pose a threat of adverse health effects is no longer
supportable. The asbestos processing source category should therefore
be removed from the source category list.
Docket. Docket No. A-94-69, containing supporting information used
in developing this notice, is available for public inspection and
copying between 8:30 a.m. and 3:30 p.m., Monday through Friday, at the
Agency's Air Docket, 401 M Street SW., Washington, D.C. 20460. A
reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: For information concerning specific
aspects of this notice, contact Susan Fairchild-Zapata, Minerals and
Inorganic Chemicals Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, NC 27711,
telephone number (919) 541-5167.
SUPPLEMENTARY INFORMATION:
I. Background
The Clean Air Act requires under section 112 that the Agency list
and promulgate regulations requiring control of emissions of HAPs from
categories of major and area sources. Section 112(c)(1) requires the
Administrator to publish, and from time to time revise, if appropriate,
in response to comments or new information, a list of all categories
and subcategories of major and area sources of HAPs. Section 112(c)(3)
requires that the Administrator list any area source category (one
which emits less than 10 tons per year of any one HAP and less than 25
tons per year of all HAPs) that the Administrator finds poses a threat
of adverse effects to human health or the environment. Pursuant to the
specific listing requirements in section 112(c), the Agency published
on July 16, 1992 (57FR31590) a finding of adverse effects (specifically
carcinogenic effects from exposure to asbestos) for the source category
of asbestos processing. The asbestos processing source category was
then listed as a source category that would be subject to emission
standards. Following this listing, pursuant to requirements in section
112(e), the Agency on December 3, 1993 (58FR63941) published a schedule
for the promulgation of emission standards for each of the 174 listed
source categories. The reader is directed to
[[Page 61551]]
these two notices for information related to development of the initial
list and schedule.
EPA published a notice on January 24, 1995 (60FR4624) that, when
finalized, would remove the asbestos processing source category from
the section 112 source category list and schedule. In this notice, EPA
is finalizing that proposal. The reader is directed to that notice for
information related to the proposal.
Summary of Comments Received
During the comment period between January 24, 1995 and February 23,
1995, Docket No. A-94-69 received a total of three comments in response
to the 60FR4624 notice. No comments were received within 30 days after
the close of the comment period and there was no request for a public
hearing on issues related to the proposed deletion. All comments
received were in support of the Agency's preliminary decision to revise
the source category list by removing the asbestos processing area
source category from the list.
Comments addressed the completeness of EPA's study, the adequacy of
the extent of new information collected, the appropriateness of the
(proposed) revision to the list, and the adequacy of existing
regulations for controlling asbestos emissions from asbestos processing
facilities. The commenters expressed the opinion that EPA's decision to
revise the list as proposed is both accurate and reasonable.
Mr. Russell K. Snyder, Executive Vice President of the
Roof Coating Manufacturers Association (RCMA) commented, ``* * * RCMA
feels that the extensive information obtained by the Agency from over
250 companies, indicating that many companies no longer process
asbestos and those remaining use appropriate control equipment, lends
additional support and credence to the decision on the part of the
Agency to de-list the asbestos processing industry. RCMA endorses the
notice as consistent with the Clinton Administration's Common Sense
Initiative regarding legislation and regulation based on thorough
scientific and technical justification. Furthermore, RCMA feels that
this notice is an excellent example of EPA working with industry and
environmentalists to develop necessary, intelligent and effective
regulation.''
Mr. B.J. Pigg, President of the Asbestos Information
Association (AIA/NA) commented that ``AIA/NA previously filed comments
with the Agency on its plans to assess asbestos processing emissions on
October 26, 1992. As (AIA) noted there, U.S. processors currently
employ very effective baghouse collection methods to minimize fiber
release. These control methods will continue to be employed even after
the area source category is delisted.''
Mr. Frank P. Collis, environmental specialist with the
Occidental Chemical Corporation commented, ``* * * most facilities that
would have been subject to the asbestos processing area source MACT
standard are already subject to the existing asbestos NESHAP standard
(i.e., 40 CFR 61 Subpart M). The development of an additional MACT
standard would be duplicative, confusing to the regulated community and
not the best use of the Agency's limited resources.''
No comments took exception to the technical basis for the
delisting, the new information received, the analyses conducted by the
U.S. EPA to determine the validity of that information, or the
rationale for the technical decision being made. The EPA analysis
showed less than 10-6 maximum individual risk (MIR) and emission
estimates 150 times less than the estimate originally used to list the
asbestos processing source category as an area source category.
Additionally, no comments were received regarding the specific legal
basis for deletion.
II. Description of Revision
In today's notice, the Agency is removing the asbestos processing
area source category on the Administrator's own motion, pursuant to
section 112(c). As described in the proposed notice 60 FR 4624, the
Agency has new information showing that no source or group of sources
in the category emits asbestos in quantities which may cause a lifetime
risk of cancer greater than one in one million. This refutes EPA's
initial finding of a threat of adverse health effects on which the
initial listing for this area source was based under section 112(c)(3).
EPA has, therefore, determined that no source or group of sources
in the category emits asbestos in quantities which may cause a lifetime
risk of cancer greater than one in one million to the individual most
exposed to asbestos emissions and that the previous determination under
section 112(c)(3) is no longer supportable. EPA based its initial
listing of this area source category solely on the risk to human health
caused by the carcinogenic properties of asbestos emissions. New
information contained in the docket thoroughly refutes the original
data upon which EPA based its initial listing. EPA received no comment
rebutting the statement that the Agency has met the legal requirements
of section 112(c). Hence removal of this source category from the list
of area source categories is appropriate in this instance.
Most friction product manufacturing facilities have discontinued
their use of asbestos, but have significant emissions of other HAP. EPA
notes that the information collected in connection with this decision
also shows that a subcategory of asbestos processing sources, the
friction product manufacturing subcategory, has individual facilities
which emit more than 10 tons/year of a single non-asbestos HAP or more
than 25 tons per year of a collection of non-asbestos HAPs (methyl
chloroform, methyl ethyl ketone, formaldehyde, phenol, and toluene).
Therefore, EPA intends to add a new friction products manufacturing
category, including friction product manufacturing facilities that do
not use asbestos, to the source category list as a major source
category in a general revision to the source category list that is
currently being developed.
III. Administrative Requirements
A. Docket
The docket (Docket no. A-94-69) is an organized and complete file
of all the information submitted to or otherwise considered by the
Agency in the development of this proposed revision to the initial list
of categories of sources. The principal purpose of this docket is to
allow interested parties to identify and locate documents that serve as
a record of the process engaged in by the Agency to publish today's
proposed revision to the initial list and schedule.
B. Executive Order 12866
Under Executive Order 12866 (58FR51735, October 4, 1993), the
Agency must determine whether a regulation is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The criteria set forth in
section 1 of the Order for determining whether a regulation is a
significant rule are as follows:
(1) Is likely to have an annual effect on the economy of $100
million or more, or adversely and materially affect a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal government communities;
(2) Is likely to create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency;
(3) Is likely to materially alter the budgetary impact of
entitlements,
[[Page 61552]]
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or
(4) Is likely to raise novel or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This action raises the issue of delisting an area source category
from the section 112 list of categories and sources and is therefore
subject to OMB review.
C. Paperwork Reduction Act
This action does not contain any information collection
requirements subject to OMB review under the Paperwork Reduction Act,
55 U.S.C. 3501 et seq.
D. Regulatory Flexibility Act Compliance
Pursuant to 5 U.S.C. 605(6), I hereby certify that this action will
not have a significant economic impact on a substantial number of small
entities because it imposes no new requirements.
E. Unfunded Mandates Reform Act Compliance
As shown in the Information Collection Request Document (ICR), this
action imposes no costs on State, local and tribal governments.
Accordingly, the EPA estimates that there is no direct cost to the
private sector in any one year, and no total marginal costs to industry
under this action in any one year. Therefore, the Agency concludes that
it is not required by Section 202 of the Unfunded Mandates Reform Act
of 1995 to provide a written statement to accompany this action because
promulgation of the action would not result in any expenditure by
State, local, and tribal governments, in the aggregate or by the
private sector, in any one year.
Dated: November 14, 1995.
Carol M. Browner,
Administrator.
[FR Doc. 95-29113 Filed 11-29-95; 8:45 am]
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