99-8779. National Emission Standards for Hazardous Air Pollutants for Source Categories: Amendment for Hazardous Air Pollutants Emissions From Magnetic Tape Manufacturing Operations  

  • [Federal Register Volume 64, Number 68 (Friday, April 9, 1999)]
    [Rules and Regulations]
    [Pages 17460-17464]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-8779]
    
    
    
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    _______________________________________________________________________
    
    Part III
    
    
    
    
    
    Environmental Protection Agency
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    40 CFR Part 63
    
    
    
    National Emission Standards for Hazardous Air Pollutants for Source 
    Categories: Amendment for Hazardous Air Pollutants Emissions From 
    Magnetic Tape Manufacturing Operations; Direct Final Rule and Proposed 
    Rule
    
    Federal Register / Vol. 64, No. 68 / Friday, April 9, 1999 / Rules 
    and Regulations
    
    [[Page 17460]]
    
    
    
    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 63
    
    [FRL-6321-8]
    RIN 2060-AH71
    
    
    National Emission Standards for Hazardous Air Pollutants for 
    Source Categories: Amendment for Hazardous Air Pollutants Emissions 
    From Magnetic Tape Manufacturing Operations
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The EPA is taking direct final action to amend National 
    Emission Standards for Hazardous Air Pollutants (NESHAP) From Magnetic 
    Tape Manufacturing Operations, codified as subpart EE to 40 CFR part 
    63. The existing standards allow facility owners or operators to leave 
    a limited number of solvent storage tanks uncontrolled if they control 
    coating operations at a level greater than the standards otherwise 
    require. EPA is publishing this final amendment to provide another 
    compliance option for facility owners and operators. If facility owners 
    or operators increase the control of hazardous air pollutant (HAP) 
    emissions from coating operations beyond what the standards otherwise 
    require, this final amendment gives them the choice of leaving a 
    limited number of solvent storage tanks and/or a limited number of 
    pieces of mix preparation equipment uncontrolled. EPA believes this 
    final amendment will not decrease the stringency of the existing 
    standards.
    
    DATES: Effective Date. This final rule amendment is effective on June 
    8, 1999 without further notice, unless EPA receives adverse comments on 
    this rulemaking by May 10, 1999 or a request for a hearing concerning 
    the accompanying proposed rule is received by EPA by April 19, 1999. If 
    EPA receives timely adverse comment or a timely hearing request, EPA 
    will publish a withdrawal in the Federal Register informing the public 
    that this direct final rule will not take effect.
    
    ADDRESSES: Comments. Interested parties may submit comments on this 
    rulemaking in writing (original and two copies, if possible) to Docket 
    No. A-91-31 to the following address: Air and Radiation Docket and 
    Information Center (6102), US Environmental Protection Agency, 401 M 
    Street, S.W., Room 1500, Washington, D.C. 20460. Public comments on 
    this rulemaking will be accepted until May 10, 1999.
        Docket. A docket containing supporting information used in 
    developing this direct final rule amendment is available for public 
    inspection and copying at the EPA's docket office located at the above 
    address in Room M-1500, Waterside Mall (ground floor). The public is 
    encouraged to phone in advance to review docket materials. Appointments 
    can be scheduled by phoning the Air Docket Office at (202) 260-7548. 
    Refer to Docket No. A-91-31. A reasonable fee may be charged for 
    copying docket materials.
    
    FOR FURTHER INFORMATION CONTACT: Michele Aston, U.S. Environmental 
    Protection Agency, Policy, Planning, and Standards Group, Emission 
    Standards Division, Mail Drop 13, Research Triangle Park, NC 27711; 
    electronic mail address aston.michele@epa.gov; telephone number (919) 
    541-2363; facsimile number (919) 541-0942.
    
    SUPPLEMENTARY INFORMATION: We are publishing this rule amendment 
    without prior proposal because we consider this to be a 
    noncontroversial amendment, and we do not expect to receive any adverse 
    comment. We believe that this change to the previously promulgated rule 
    will increase compliance flexibility for affected sources without any 
    adverse environmental consequences. However, in the ``Proposed Rules'' 
    section of this Federal Register publication, we are publishing a 
    separate document that will serve as the proposal for this amendment, 
    in the event we receive adverse comment or a hearing request and this 
    direct final rule is subsequently withdrawn. This final rule amendment 
    will be effective on June 8, 1999 without further notice, unless we 
    receive adverse comment on this rulemaking by May 10, 1999 or a request 
    for a hearing concerning the accompanying proposed rule is received by 
    EPA by April 19, 1999. If EPA receives timely adverse comment or a 
    timely hearing request, we will publish a withdrawal in the Federal 
    Register informing the public that this direct final rule will not take 
    effect. In that event, we will address all public comments in a 
    subsequent final rule, based on the proposed rule amendment published 
    in the ``Proposed Rules'' section of this Federal Register document. 
    The EPA will not provide further opportunity for public comment on this 
    action. Any parties interested in commenting on this amendment must do 
    so at this time.
        Regulated entities. Entities potentially regulated by this action 
    include any facility engaged in the surface coating of magnetic tape. 
    This includes, but is not limited to, the following magnetic tape 
    products: audio and video recording tape, computer tape, the magnetic 
    stripes of media involved in credit cards and toll tickets, bank 
    transfer ribbons, instrumentation tape, and dictation tape. Regulated 
    categories and entities are shown in Table 1.
    
                   Table 1.--Regulated Categories and Entities
    ------------------------------------------------------------------------
                 Entity category                        Description
    ------------------------------------------------------------------------
    Industrial...............................  Any facility that is engaged
                                                in the surface coating of
                                                magnetic tape (SIC 3695 &
                                                2675).
    Federal Government: Not affected
    State/Local/Tribal Government: Not
     affected
    ------------------------------------------------------------------------
    
        This table is not intended to be exhaustive, but rather provides a 
    guide for readers regarding entities likely to be regulated by this 
    action. This table lists the types of entities that the EPA is now 
    aware could potentially be regulated by this action. Other types of 
    entities not listed in the table could also be regulated.
        Internet. The text of this Federal Register document is also 
    available on the EPA's web site on the Internet under recently signed 
    rules at the following address: http://www.epa.gov/ttn/oarpg/
    rules.html. The EPA's Office of Air and Radiation (OAR) homepage on the 
    Internet also contains a wide range of information on the air toxics 
    program and many other air pollution programs and issues. The OAR's 
    homepage address is: http://www.epa.gov/oar/.
        Electronic Access and Filing Addresses. The official record for 
    this rulemaking, as well as the public version, has been established 
    for this rulemaking under Docket No. A-91-31 (including comments and 
    data submitted electronically). A public version of this record, 
    including printed, paper versions of electronic comments, which does 
    not include any information claimed as confidential business 
    information (CBI), is available for inspection from 8 a.m. to 5:30 
    p.m., Monday through Friday, excluding legal holidays. The official 
    rulemaking record is located at the address listed in the ADDRESSES 
    section at the beginning of this preamble.
        Interested parties may submit comments on this rulemaking 
    electronically to the EPA's Air and
    
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    Radiation Docket and Information Center at: ``A-and-R-
    Docket@epamail.epa.gov.'' Electronic comments must be submitted as an 
    ASCII file avoiding the use of special characters and any form of 
    encryption. Comments and data will also be accepted on disks in 
    WordPerfect in 6.1 file format or ASCII file format. All comments and 
    data in electronic form must be identified by the docket number (A-91-
    31). No CBI should be submitted through electronic mail. Electronic 
    comments may be filed online at many Federal Depository Libraries.
        Outline. The information in this preamble is organized as follows:
    
    I. Authority
    II. Background
    III. Regulatory Requirements and Performance Standards
        A. Original compliance option for solvent storage tanks
        B. What information we used to establish the new compliance 
    option
        C. Why we chose to allow the new compliance option
        D. How the new compliance option affects you as a manufacturer
    IV. Administrative Requirements
        A. Executive Order 12866: ``Significant Regulatory Action 
    Determination''
        B. Regulatory Flexibility
        C. Paperwork Reduction Act
        D. Unfunded Mandates Reform Act
        E. Docket
        F. Executive Order 12875: Enhancing the Intergovernmental 
    Partnership
        G. Executive Order 13045: Protection of Children from 
    Environmental Health Risks and Safety Risks
        H. Executive Order 13084: Consultation and Coordination with 
    Indian Tribal Governments
        I. Submission to Congress and the General Accounting Office
        J. National Technology Transfer and Advancement Act
    
    I. Authority
    
        The statutory authority for this action is provided by sections 
    101, 112, 114, 116, and 301 of the Clean Air Act, as amended (42 U.S.C. 
    7401, 7412, 7414, 7416, and 7601).
    
    II. Background
    
        On December 15, 1994, we published in the Federal Register the 
    final rule containing national standards for reducing HAP in facilities 
    that manufacture magnetic tape (see 59 FR 64580). Since then, a 
    regulated facility has asked us to consider alternative compliance 
    options for a narrow aspect of the regulation.
        This amendment is very similar to the existing provision at 40 CFR 
    63.703(c)(4), but adds an optional approach for compliance. The new 
    approach requires the same enhanced control efficiency for coating 
    operations as required by the provisions published in 1994. We expect 
    this amendment to protect the environment as well as the rule published 
    in 1994, while offering the regulated community more flexibility for 
    compliance.
    
    III. Regulatory Requirements and Performance Standards
    
    A. Original Compliance Option for Solvent Storage tanks
    
        In the final rule published in 1994, we included a compliance 
    option for owners or operators of facilities that manufacture magnetic 
    tape (referred to as operators in the rest of this preamble). It allows 
    them to leave uncontrolled the emissions from certain solvent storage 
    tanks in return for better controlling the largest emissions source at 
    their facilities. Through that alternative compliance provision, we 
    allow operators to vent emissions from these tanks to the atmosphere, 
    rather than routing them through a control device. (See 40 CFR 
    63.703(c)(4)--as published December 15, 1994--for this option.) As 
    explained in the 1994 preamble, we concluded then that added control at 
    the coating operations would offset emissions from the uncontrolled 
    storage tanks (see 59 FR 64590-64592, December 15, 1994.)
    
    B. What Information We Used To Establish the New Compliance Option
    
        Since 1994, we've received detailed technical information from a 
    facility that manufactures magnetic tape (see Docket No. A-91-31). It 
    compares estimates for HAP emissions from uncontrolled solvent storage 
    tanks to those for uncontrolled pieces of mix preparation equipment. 
    The facility asked us to allow more flexibility in the types of 
    equipment that can be left uncontrolled in exchange for a higher level 
    of control of the coating operations at the facility. In evaluating 
    this request, we've generally compared the amount of HAP emissions that 
    may be uncontrolled under the 1994 published rule's alternative 
    provision with those HAP emissions that may be uncontrolled under the 
    added options in today's rule. For this analysis, we incorporate by 
    reference our rationale for the existing alternative compliance options 
    which was included in our preamble for the 1994 published rule.
        At magnetic tape manufacturing facilities, solvent storage tanks 
    and mix preparation equipment are typically covered, even if the 
    headspace vapors aren't vented to a control device. Emissions from a 
    given solvent storage tank at a manufacturing facility vary depending 
    on throughput, tank size, solvents stored in the tanks, and other 
    factors. Emissions from a given piece of mix preparation equipment vary 
    for similar reasons, and also vary based on the amount that the 
    temperature of the mix increases during mixing.
        The facility's detailed technical information estimates their 
    maximum potential emissions under process constraints in the milling 
    operations. The facility's solvent storage tanks and mix preparation 
    equipment have varying characteristics, including capacity. Their 
    largest tanks and mix preparation equipement are 20,000 gallons and 
    1200 gallons, respectively. The solvent storage tanks have fixed roofs 
    with conservation vents, so the facility used standard calculations for 
    these tanks to estimate emissions. For solvent recovery tanks, they 
    believed this method may not be appropriate because they maintain most 
    tanks at nearly constant levels with a mechanical weir. However, we 
    don't know of a better way to calculate emissions for these tanks, so 
    we'd use the same method unless rigorous monitoring ensured a constant 
    level of liquid in the tank. Therefore, we decided to include tanks 
    from the solvent recovery unit in our evaluation of the data.
        The facility estimated emissions for their mix preparation 
    equipment using our calculation methods for batch processes, which we 
    believe is appropriate for this application. In developing the 
    regulations, we estimated emissions from the entire mix preparation 
    operation. But their method estimates emissions for pieces of mix 
    equipment, which requires more detailed information than we had while 
    developing the regulations. At the same time, we believe this 
    facility's solvent storage tanks and mix preparation equipment are 
    representative of the tanks and equipment used by the rest of the 
    regulated magnetic tape industry, so we used their data to analyze the 
    requested alternative compliance approach.
    
    C. Why We Chose To Allow the New Compliance Option
    
        The 1994 published rule restricts the capacity of the solvent 
    storage tanks we allowed to be uncontrolled to 20,000 gallons each but 
    doesn't restrict other parameters that affect emissions. Therefore, we 
    believe it's reasonable to use the highest emitting tanks in this 
    comparison if they don't exceed the capacity restriction. For the 
    magnetic tape manufacturing facility we studied, we found the maximum 
    potential HAP emissions from a solvent storage tank and from a piece of 
    mix preparation
    
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    equipment were 1.6 tons/yr (tpy) and 1.9 tpy, respectively.
        Because maximum emissions are similar, we believe it's reasonable 
    for facility operators to leave uncontrolled some mix preparation 
    equipment and some solvent storage tanks, if they better control their 
    coating operations. But they must leave fewer pieces of mix preparation 
    equipment uncontrolled because the maximum emissions from mix 
    preparation equipment are greater than those from solvent storage 
    tanks. Also, some tanks had emissions as low as 0.01 tpy, whereas the 
    lowest level for mix preparation equipment was 0.1 tpy. Based on all 
    the data, it's reasonable to allow manufacturers to leave uncontrolled 
    half as many pieces of mix preparation equipment as of solvent storage 
    tanks. This 2-to-1 ratio makes up for the wider range of HAP emissions 
    in the tanks.
        As noted above, the 1994 published rule's alternative compliance 
    approach limits the capacity of solvent storage tanks that can be left 
    uncontrolled. Our amendment also uses a capacity limit of 1,200 gallons 
    for each piece of mix preparation equipment that can be left 
    uncontrolled. We believe the equipment at this facility is 
    representative of equipment in the industry. In any case, limiting 
    maximum capacity makes sure the size of uncontrolled mix preparation 
    equipment is no larger than the size used for the estimates supporting 
    this amendment.
    
    D. How the New Compliance Option Affects You as a Manufacturer
    
        Today's final rule amendment affects you if, as a facility owner or 
    operator, you choose to increase the overall control efficiency of your 
    coating operations for magnetic tape. As the final rule was published 
    in 1994, 40 CFR 63.703(c) allowed you to leave HAP solvent storage 
    tanks uncontrolled if you increase the overall control efficiency of 
    your coating operations. Under today's final rule amendment, you may 
    still leave uncontrolled 10, 15, or 20 tanks in exchange for 
    controlling your coating operations to an overall efficiency of 97, 98, 
    or 99 percent, respectively. Under today's amendment, however, you may 
    leave uncontrolled one piece of mix preparation equipment in exchange 
    for two solvent storage tanks left uncontrolled under the 1994 rule. 
    For example, you could leave uncontrolled six solvent storage tanks and 
    two pieces of mix preparation equipment if you achieve an overall 
    efficiency of 97 percent--instead of 10 solvent storage tanks. See the 
    amendment to 40 CFR 63.703(c)(4) for combinations you may use to comply 
    with the new alternative provisions.
        We believe this amendment will limit HAP emissions from facilities 
    that manufacture magnetic tape at least as much as provisions in the 
    1994 rule. Furthermore, the amendment will give you more flexibility to 
    meet the regulation. We don't expect our amendment to pose any problems 
    for enforcement or permitting because it's essentially similar to the 
    1994 rule, which affected facilities are following now. We expect 
    you'll like this amendment because you may be able to save money and 
    other resources, compared to the compliance approaches under the 1994 
    rule. Also, if you decide not to follow the amended provisions, they 
    won't burden you--they merely give you another option, and the 
    regulation is otherwise virtually unchanged.
    
    IV. Administrative Requirements
    
    A. Executive Order 12866: ``Significant Regulatory Action 
    Determination'
    
        Under Executive Order 12866 (58 FR 51735, October 4, 1993) the 
    Agency must determine whether the regulatory action is ``significant'' 
    and therefore subject to Office of Management and Budget (OMB) review 
    and the requirements of the Executive Order. The Order defines 
    ``significant regulatory action'' as one that is likely to result in 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 entitlement, grants, 
    user fees, or loan programs of 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.
        Because the annualized cost of this final rule amendment would be 
    significantly less than $100 million and would not meet any of the 
    other criteria specified in the Executive Order, it has been determined 
    that this action is not a ``significant regulatory action'' under the 
    terms of Executive Order 12866, and is therefore not subject to OMB 
    review.
        Executive Order 12866 also encourages agencies to provide a 
    meaningful public comment period, and suggests that in most cases the 
    comment period should be 60 days. However, in consideration of the very 
    limited scope of this amendment, the EPA considers 30 days to be 
    sufficient in providing a meaningful public comment period for this 
    rulemaking.
    
    B. Regulatory Flexibility
    
        The Regulatory Flexibility Act (RFA) generally requires an agency 
    to conduct a regulatory flexibility analysis of any rule subject to 
    notice and comment rulemaking requirements unless the agency certifies 
    that the rule will not have a significant economic impact on a 
    substantial number of small entities. Small entities include small 
    businesses, small not-for-profit enterprises, and small governmental 
    jurisdictions. The EPA determined that this amendment to the Magnetic 
    Tape Manufacturing Operations does not have a significant impact on a 
    substantial number of small entities. The EPA has also determined that 
    is not necessary to prepare a regulatory flexibility analysis in 
    connection with this action.
    
    C. Paperwork Reduction Act
    
        This amendment does not include or create any information 
    collection activities subject to the Paperwork Reduction Act, and 
    therefore no information collection request (ICR) will be submitted to 
    OMB for review in compliance with the Paperwork Reduction Act, 44 
    U.S.C. 3501, et seq.
    
    D. Unfunded Mandates Reform Act
    
        Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
    Law 104-4, establishes requirements for Federal agencies to assess the 
    effects of their regulatory actions on State, local, and tribal 
    governments and the private sector. Under section 202 of the UMRA, EPA 
    generally must prepare a written statement, including a cost-benefit 
    analysis, for proposed and final rules with ``Federal mandates'' that 
    may result in expenditures to State, local, and tribal governments, in 
    the aggregate, or to the private sector, of $100 million or more in any 
    one year. Before promulgating an EPA rule for which a written statement 
    is needed, section 205 of the UMRA generally requires EPA to identify 
    and consider a reasonable number of regulatory alternatives and adopt 
    the least costly, most cost-effective or least burdensome alternative 
    that achieves the objectives of the rule. The provisions of section 205 
    do not apply when they are inconsistent with applicable law. Moreover, 
    section 205 allows EPA to adopt an alternative other than the least 
    costly, most cost-effective or least burdensome alternative if the
    
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    Administrator publishes with the final rule an explanation of why that 
    alternative was not adopted. Before EPA establishes any regulatory 
    requirements that may significantly or uniquely affect small 
    governments, including tribal governments, it must have developed under 
    section 203 of the UMRA a small government agency plan. The plan must 
    provide for notifying potentially affected small governments, enabling 
    officials of affected small governments to have meaningful and timely 
    input in the development of EPA regulatory proposals with significant 
    Federal intergovernmental mandates, and informing, educating, and 
    advising small governments on compliance with the regulatory 
    requirements.
        As noted above, this amendment is of very narrow scope, and 
    provides a compliance alternative very similar to one already available 
    in the promulgated regulation. The EPA has determined that this action 
    contains no regulatory requirements that might significantly or 
    uniquely affect small governments. EPA has also determined that this 
    action does not contain a Federal mandate that may result in 
    expenditures of $100 million or more for State, local, and tribal 
    governments, in the aggregate, or the private sector in any one year. 
    Thus, today's action is not subject to the requirements of sections 202 
    and 205 of the UMRA.
    
    E. Docket
    
        The docket includes an organized and complete file of all the 
    information upon which EPA relied in taking this direct final action. 
    The docketing system is intended to allow members of the public and 
    industries involved to readily identify and locate documents so that 
    they can effectively participate in the rulemaking process. Along with 
    the proposed and promulgated standards and their preambles, the 
    contents of the docket, except for certain interagency documents, will 
    serve as the record for judicial review. (See CAA section 
    307(d)(7)(A).)
    
    F. Executive Order 12875: Enhancing the Intergovernmental Partnership
    
        Under Executive Order 12875, the 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 the 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 the 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 action does not create a mandate on State, local or tribal 
    governments. The amendments to the rule do not impose any new or 
    additional enforceable duties on these entities. Accordingly, the 
    requirements of section 1(a) of Executive Order 12875 do not apply to 
    this action.
    
    G. Executive Order 13045: Protection of Children From Environmental 
    Health Risks and Safety Risks
    
        Executive Order 13045 applies to any rule that the EPA determines 
    (1) economically significant as defined under E.O. 12866, and (2) the 
    environmental health or safety risk addressed by the rule has 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 amendment to the National Emissions Standards for Magnetic 
    Tape Manufacturing Operations is not subject to E.O. 13045, entitled 
    Protection of Children from Environmental Health Risks and Safety Risks 
    (62 FR 19885, April 23, 1997), because it is not an economically 
    significant regulatory action as defined by E.O. 12866, and it does not 
    address an environmental health or safety risk that would have a 
    disproportionate effect on children.
    
    H. Executive Order 13084: Consultation and Coordination With Indian 
    Tribal Governments
    
        Under Executive Order 13084, the 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 separate identified section of the preamble to the rule, a 
    description of the extent of the 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 the 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.''
        This amendment to National Emissions Standards for Magnetic Tape 
    Manufacturing Operations does not significantly or uniquely affect the 
    communities of Indian tribal governments. The amendments to the rule do 
    not impose any new or additional enforceable duties on these entities. 
    Accordingly, the requirements of section 3(b) of Executive Order 13084 
    do not apply to this action.
    
    I. 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 action to amend the currently effective rule is 
    not a ``major rule'' as defined by 5 U.S.C. 804(2).
    
    J. National Technology Transfer and Advancement Act
    
        Under section 12(d) of the National Technology Transfer and 
    Advancement Act (NTTA), Public Law 104-113 (March 7, 1996), the EPA is 
    required to use voluntary consensus standards in its regulatory and 
    procurement activities unless to do so would be inconsistent with 
    applicable law or otherwise impractical. Voluntary consensus standards 
    are technical standards (e.g., materials specifications, test methods, 
    sampling procedures, business practices, etc.) which are adopted by 
    voluntary consensus standard bodies. Where available and potentially 
    applicable voluntary consensus standards are not used by the EPA, the 
    NTTA requires the Agency to provide
    
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    Congress, through OMB, an explanation of the reasons for not using such 
    standards. This action does not put forth any technical standards; 
    therefore, consideration of voluntary consensus standards was not 
    required.
    
    List of Subjects in 40 CFR Part 63
    
        Environmental protection, Air pollution control, Coating operation, 
    Hazardous air pollutant, Magnetic tape manufacturing, Mix preparation 
    equipment, Solvent storage tank.
    
        Dated: April 1, 1999.
    Carol M. Browner,
    Administrator.
    
        Chapter I, Part 63 of the Code of Federal Regulations are amended 
    as follows:
    
    PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
    FOR SOURCE CATEGORIES
    
        1. The authority citation for part 63 continues to read as follows:
    
        Authority: 42 U.S.C. 7401 et seq.
    
    Subpart EE--National Emission Standards for Magnetic Tape 
    Manufacturing Operations
    
        2. Section 63.703 is amended by revising paragraph (c)(4) (i), (ii) 
    and (iii) to read as follows:
    
    
    Sec. 63.703  Standards.
    
    * * * * *
        (c) * * *
        (4) In lieu of controlling HAP emissions from each solvent storage 
    tank and piece of mix preparation equipment to the level required by 
    paragraph (c)(1) of this section, an owner or operator of an affected 
    source may elect to comply with one of the options set forth in 
    paragraph (c)(4)(i), (ii) or (iii) of this section.
        (i) Control HAP emissions from all coating operations by an overall 
    HAP control efficiency of at least 97 percent in lieu of either:
        (A) Controlling up to 10 HAP solvent storage tanks that do not 
    exceed 20,000 gallons each in capacity; or
        (B) Controlling 1 piece of mix preparation equipment that does not 
    exceed 1,200 gallons in capacity and up to 8 HAP solvent storage tanks 
    that do not exceed 20,000 gallons each in capacity; or
        (C) Controlling up to 2 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 6 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (D) Controlling up to 3 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 4 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (E) Controlling up to 4 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 2 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (F) Controlling up to 5 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity.
        (ii) Control HAP emissions from all coating operations by an 
    overall HAP control efficiency of at least 98 percent in lieu of 
    either:
        (A) Controlling up to 15 HAP solvent storage tanks that do not 
    exceed 20,000 gallons each in capacity; or
        (B) Controlling 1 piece of mix preparation equipment that does not 
    exceed 1,200 gallons in capacity and up to 13 HAP solvent storage tanks 
    that do not exceed 20,000 gallons each in capacity; or
        (C) Controlling up to 2 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 11 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (D) Controlling up to 3 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 9 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (E) Controlling up to 4 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 7 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (F) Controlling up to 5 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 5 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (G) Controlling up to 6 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 3 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (H) Controlling up to 7 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 1 HAP solvent 
    storage tank that does not exceed 20,000 gallons in capacity.
        (iii) Control HAP emissions from all coating operations by an 
    overall HAP control efficiency of at least 99 percent in lieu of 
    either:
        (A) Controlling up to 20 HAP solvent storage tanks that do not 
    exceed 20,000 gallons each in capacity; or
        (B) Controlling 1 piece of mix preparation equipment that does not 
    exceed 1,200 gallons in capacity and up to 18 HAP solvent storage tanks 
    that do not exceed 20,000 gallons each in capacity; or
        (C) Controlling up to 2 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 16 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (D) Controlling up to 3 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 14 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (E) Controlling up to 4 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 12 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (F) Controlling up to 5 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 10 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (G) Controlling up to 6 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 8 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (H) Controlling up to 7 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 6 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (I) Controlling up to 8 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 4 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (J) Controlling up to 9 pieces of mix preparation equipment that do 
    not exceed 1,200 gallons each in capacity and up to 2 HAP solvent 
    storage tanks that do not exceed 20,000 gallons each in capacity; or
        (K) Controlling up to 10 pieces of mix preparation equipment that 
    do not exceed 1,200 gallons each in capacity.
    * * * * *
    [FR Doc. 99-8779 Filed 4-8-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
04/09/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
99-8779
Dates:
Effective Date. This final rule amendment is effective on June 8, 1999 without further notice, unless EPA receives adverse comments on this rulemaking by May 10, 1999 or a request for a hearing concerning the accompanying proposed rule is received by EPA by April 19, 1999. If EPA receives timely adverse comment or a timely hearing request, EPA will publish a withdrawal in the Federal Register informing the public that this direct final rule will not take effect.
Pages:
17460-17464 (5 pages)
Docket Numbers:
FRL-6321-8
RINs:
2060-AH71: Final Rule To Amend the National Emission Standards for Magnetic Tape Manufacturing Operations
RIN Links:
https://www.federalregister.gov/regulations/2060-AH71/final-rule-to-amend-the-national-emission-standards-for-magnetic-tape-manufacturing-operations
PDF File:
99-8779.pdf
CFR: (1)
40 CFR 63.703