[Federal Register Volume 64, Number 68 (Friday, April 9, 1999)]
[Proposed Rules]
[Pages 17465-17469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8780]
Federal Register / Vol. 64, No. 68 / Friday, April 9, 1999 / Proposed
Rules
[[Page 17465]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-6321-7]
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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing 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 proposed 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
proposed amendment will not decrease the stringency of the existing
standards.
We don't consider this amendment controversial and expect no
negative comments, so we're also publishing it as a direct final rule
in the Final Rules section of this Federal Register publication. We'll
consider any negative comments about today's direct final rule to also
be negative comments about this proposal. We'll take no further action
unless, within the time allowed (see DATES, below), we receive negative
comments about the proposal or final rule, or we receive a request for
a public hearing on the proposal. If we take no further action, the
amendment will become effective on the date in the DATES section of the
associated direct final rule.
DATES: Comments. The EPA will accept comments regarding the proposed
amendment on or before May 10, 1999. Additionally, a public hearing
regarding the proposed amendment will be held if anyone requesting to
speak at a public hearing contacts the EPA by April 19, 1999. If a
hearing is requested, the hearing will be held at the EPA Office of
Administration Auditorium, Research Triangle Park, NC. on April 30,
1999 beginning at 10:00 a.m.. For more information about submittal of
comments and requesting a public hearing, see the SUPPLEMENTARY
INFORMATION section in this preamble.
ADDRESSES: Comments. Interested parties having comments on this action
may submit these comments in writing (original and two copies, if
possible) to Docket No. A-91-31 at 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. The EPA requests that a separate copy of the comments also be
sent to the contact person listed in the following paragraph of this
preamble.
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@epamail.epa.gov; telephone number
(919) 541-2363; facsimile number (919) 541-0942.
SUPPLEMENTARY INFORMATION: Regulated entities. Entities potentially
regulated by this action include any facility that is 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 document.
Interested parties having comments on this action may submit these
comments electronically to the EPA's Air and 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.
Public Hearing. If EPA receives a request to make an oral
presentation at a hearing concerning this proposal by April 19, 1999,
the public hearing will be held at the EPA Office of Administration
Auditorium, Research Triangle Park, NC on April 30, 1999 beginning at
10 a.m. Persons interested in making an oral presentation or inquiring
as to whether a hearing is to be held should contact Michele Aston,
(see FOR FURTHER INFORMATION CONTACT section of this preamble
document.)
Docket. Docket A-91-31 contains the supporting information for the
original NESHAP and this action. This Federal Register document and
other materials related to this proposed rule are
[[Page 17466]]
available for review in the docket. The docket 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. A
reasonable fee may be charged for copying docket materials.
Outline. The information in this preamble is organized as follows:
I. Authority
II. Background
III. Proposed Amendment
IV. Administrative Requirements
A. Public Hearing
B. Executive Order 12866: ``Significant Regulatory Action
Determination'
C. Regulatory Flexibility
D. Paperwork Reduction Act
E. Unfunded Mandates Reform Act
F. Docket
G. Executive Order 12875: Enhancing the Intergovernmental
Partnership
H. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
I. Executive Order 13084: Consultation and Coordination with
Indian Tribal Governments
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 proposed 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 existing provisions. We expect this proposed
amendment to protect the environment as well as the rule issued in 1994
while offering the regulated community more flexibility for compliance.
III. Proposed Amendment
We're proposing to amend the emission standards for magnetic tape
manufacturing so facilities will have another compliance option if they
choose to control their coating operations to an overall HAP reduction
efficiency greater than 95%. Under the existing standards, facility
owners or operators may choose to control HAP emissions for all coating
operations by an overall efficiency of at least 97%, 98%, or 99%,
instead of controlling 10, 15, or 20 HAP solvent storage tanks,
respectively. This amendment would allow them to control their coating
operations to those higher efficiencies in exchange for leaving
uncontrolled a limited number of pieces of mix preparation equipment,
combined with a limited number of HAP solvent storage tanks.
For further information on this proposed amendment and our
rationale, see the associated direct final rule published in the Final
Rules section of today's Federal Register. We incorporate all such
information in this proposal by reference.
IV. Administrative Requirements
A. Public Hearing
A public hearing will be held, if requested, to provide opportunity
for interested persons to make verbal presentations regarding this
regulation in accordance with 42 U.S.C. 7004(b)(1); 40 CFR part 25.
Persons wishing to make a verbal presentation on this proposed rule
amendment must contact Michele Aston of the U.S. EPA, at the address
given in the ADDRESSES section of this document, no later than April
19, 1999. If a public hearing is held, written statements may be
submitted at the hearing, and EPA will also include in the record any
rebuttal or supplementary information submitted in written form within
30 days following the date of the hearing. Any written statements not
submitted at the hearing should be sent to EPA at the addresses given
in the ADDRESSES section of this document. If a public hearing is held,
a verbatim transcript of the hearing, and written statements provided
at or following the hearing will be available for inspection and
copying during normal business hours at the EPA address for docket
inspection given in the ADDRESSES section of this preamble.
B. 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 the proposed 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
regulatory action.
C. 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. EPA certifies that this action
will not have a significant economic impact on a substantial number of
small entities.
D. 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
[[Page 17467]]
compliance with the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.
E. 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
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 proposed 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.
F. Docket
The docket is an organized and complete file of the administrative
record upon which any final rule is based. 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. All written comments on this
proposal submitted in a timely manner will be included in the docket.
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).)
G. 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.
H. 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.
I. 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.''
Today's amendments do not significantly or uniquely affect the
communities of Indian tribal government. 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.
[[Page 17468]]
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 Congress, through OMB, an
explanation of the reasons for not using such standards. This amendment
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, 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 tank 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
[[Page 17469]]
(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. 99-8780 Filed 4-8-99; 8:45 am]
BILLING CODE 6560-50-P
