[Federal Register Volume 61, Number 118 (Tuesday, June 18, 1996)]
[Rules and Regulations]
[Pages 30814-30816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15439]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5521-5]
RIN 2060-AD98
National Emission Standards for Hazardous Air Pollutants for
Shipbuilding and Ship Repair (Surface Coating) Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On December 15, 1995, the EPA issued national emission
standards for hazardous air pollutants (NESHAP) under Section 112 of
the Clean Air Act as amended in 1990 for shipbuilding and ship repair
(surface coating) operations. The NESHAP requires existing and new
major sources to control emissions using the maximum achievable control
technology to control hazardous air pollutants. This action revises the
compliance date for sources subject to this standard and revises the
date for submittal of implementation plans. Specifically, this action
extends the June 13, 1996 deadline for submittal of an implementation
plan to December 16, 1996. The compliance date is extended from
December 16, 1996 to December 16, 1997. This action is being taken
because the EPA has learned that sufficient time was not provided to
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prepare the implementation plans and establish the necessary inventory
management systems to ensure compliance with the standard. This action
is also being taken to improve coordination of compliance with the
NESHAP with the anticipated implementation of the control techniques
guidelines (CTG) requirements for shipbuilding and ship repair
facilities.
This action also removes the requirement that implementation plans
be approved by the EPA. This requirement is being removed because it
was not EPA's intent for the implementation plan to be the mechanism
for enforcing the rule.
DATES: The direct final rule will be effective August 19, 1996 unless
significant, adverse comments are received by July 18, 1996. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Comments should be submitted to: Air and Radiation Docket
and Information Center (6102), Attention Docket Number A-92-11, Room M-
1500, U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Dr. Mohamed Serageldin, Emission
Standards Division (MD-13), U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards, Research Triangle Park,
North Carolina 27711, telephone number (919) 541-2379.
SUPPLEMENTARY INFORMATION:
Regulated Entities. The regulated category and entities affected by
this action include:
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Category Examples of regulated entities
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Industry.......................... Facilities that build, repair,
repaint, convert, or alter ships.
The term ship means any marine or
fresh-water vessel, including self-
propelled vessels, those propelled
by other craft (barges), and
navigational aids (buoys).
Note: An offshore oil and gas
drilling platform is not considered
a ship for purposes of this
regulation.
Federal Govt...................... Federal Agencies which undertake
shipbuilding or repair operations
(see above) such as the Navy and
Coast guards.
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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 EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine wheher
your facility is regulated by this action, you should carefully examine
the applicability criteria in Sec. 63.782 of the regulation. If you
have questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Any significant and timely adverse comments received on any portion
of this direct final rule will be addressed in a subsequent final rule
based on the proposed rule contained in the Proposed Rules Section of
this Federal Register that is identical to this direct final rule. If
no significant and timely adverse comments are received on this direct
final rule, then the direct final rule will become effective August 19,
1996 and no further action is contemplated on the parallel proposal
published today.
I. Basis for Changes to Rule
A. Compliance Date
The EPA is extending the compliance date from December 16, 1996 to
December 16, 1997 to allow time for sources to develop the necessary
inventory management systems, administrative controls, and to allow
coordination of compliance plans for this rule and the CTG, which is
planned for publication in the near future. When the final NESHAP was
issued, the EPA selected a one-year compliance period to allow time for
sources to deplete existing inventories of coatings and to conduct
compliance planning procedures. Since the final rule was issued on
December 15, 1995, the EPA has learned that there are a number of
companies subject to this rule that presently do not have inventory
management systems necessary to ensure compliance, and that some
facilities are relying on outside consultants to develop such systems.
In such cases, at least one year is needed to establish the paint
inventory management and administrative control system. Additionally,
at the time the final NESHAP was issued, EPA expected to issue final
guidance for the CTG for shipbuilding and ship repair (surface coating)
operations in the near future. Issuance of this CTG has been delayed.
Since control techniques for volatile organic compound emissions could
affect the compliance approach selected for the NESHAP, the EPA
believes that it is appropriate to extend the compliance date for the
NESHAP to allow coordination with rules adopted by States to implement
the CTG. Based on the anticipated schedule for issuance of the CTG, the
EPA believes that extension of the compliance date to December 16, 1997
should provide sufficient time to allow coordination of compliance
planning for both the NESHAP and any applicable State rules.
B. Implementation Plan
The EPA is extending the June 13, 1996 deadline for submittal of
implementation plans to December 16, 1996. The deadline for submitting
these plans is being extended because the EPA has learned that
sufficient time was not provided to prepare the implementation plans
and establish the necessary paint inventory management and
administrative control systems to ensure compliance with the standard.
Because information available to the EPA during the development of the
NESHAP suggested that most shipyards had some form of inventory
management system, the EPA expected that 180 days should be sufficient
to prepare the implementation plan. Due to information received from
the industry since the final rule was issued, the EPA believes that one
year is a more appropriate time-frame for selection of the compliance
approach and development of the implementation plan. Therefore, this
document revises the date for submittal of implementation plans to
December 16, 1996.
This action also removes the requirement that implementation plans
be approved by the EPA. This requirement is being eliminated since it
was not the EPA's intent for the implementation plan to be the
mechanism for enforcing the rule and, if the plans are subject to
approval, some people might argue that was the role of the plan. The
implementation plan will serve to provide guidance and assist in
enforcement of the rule.
II. Administrative Requirements
A. Paperwork Reduction Act
The information collection requirements of the previously
promulgated NESHAP were submitted to and approved by the Office of
Management and Budget (OMB). A copy of this Information Collection
Request (ICR) document (OMB number 1414.02) may be obtained from Sandy
Farmer, Information Policy Branch (PM-223Y); U.S. Environmental
Protection Agency; 401 M Street, SW; Washington, DC 20460 or by calling
(202) 260-2740.
Today's changes to the NESHAP should have no impact on the
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information collection burden estimates made previously. The change to
the implementation plan requirements merely extends the date for
submission of plans from existing sources. These changes do not impose
new requirements. Consequently, the ICR has not been revised.
B. Executive Order 12866 Review
Under Executive Order 12866, the EPA must determine whether the
proposed regulatory action is ``not significant'' and therefore,
subject to OMB review and the requirements of the executive order. The
Order defines ``significant'' regulatory action as one that is likely
to lead to a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety in State, local, or tribal governments or communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the executive order.
The Shipbuilding NESHAP promulgated on December 15, 1995 was
determined to not be a ``significant regulatory action'' under
Executive Order 12866. Therefore, a regulatory impact analysis was not
prepared. The amendments issued today extend dates for submittal of
implementation plans and the compliance date and remove the requirement
for approval of implementation plans. These changes do not add any
additional control requirements or costs. Therefore, this regulatory
action does not affect the previous decision and is not considered to
be significant.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires the identification
of potentially adverse impacts of Federal regulations upon small
business entities. The Act specifically requires the completion of a
Regulatory Flexibility Analysis in those instances where small business
impacts are possible. Because this rulemaking imposes no adverse
economic impacts, a Regulatory Flexibility Analysis has not been
prepared. Pursuant to Section 605(b) of the Regulatory Flexibility Act,
5 U.S.C. 605(b), the Administrator certifies that this rule will not
have a significant economic impact on a substantial number of small
entities.
D. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
E. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995, the
EPA must prepare a budgetary impact statement to accompany any proposed
or final rule that includes a Federal mandate that may result in
estimated costs to State, local, or tribal governments in the
aggregate; or to the private sector, of $100 million or more. Under
Section 205, the EPA must select the least costly, most cost-effective
or least burdensome alternative that achieves the objectives of the
rule and is consistent with statutory requirements. Section 203
requires the EPA to establish a plan for informing and advising any
small governments that may be significantly or uniquely impacted by the
rule.
The EPA has determined that the action promulgated today does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. Therefore, the requirements of the
Unfunded Mandates Reform Act do not apply to this action.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: June 7, 1996.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, part
63, subpart II, 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.
Subpart II--National Emission Standards for Shipbuilding and Ship
Repair (Surface Coating)
2. Section 63.784 is amended by revising paragraph (a) to read as
follows:
Sec. 63.784 Compliance dates.
(a) Each owner or operator of an existing affected source shall
comply within two years after the effective date of this subpart.
* * * * *
3. Section 63.787 is amended by revising paragraphs (b)(1)(ii) and
(b)(4) and by removing and reserving paragraph (b)(2) to read as
follows:
Sec. 63.787 Notification requirements.
* * * * *
(b) * * *
(1) * * *
(ii) Not later than one year after the effective date of this
subpart, submit the implementation plan to the Administrator along with
the notification required by Sec. 63.9(b)(2) or (b)(5) of subpart A, as
applicable.
(2) [Reserved]
* * * * *
(4) Major sources that intend to become area sources by the
compliance date. Existing major sources that intend to become area
sources by the December 16, 1997 compliance date may choose to submit,
in lieu of the implementation plan required under paragraph (b)(1) of
this section, a statement that, by the compliance date, the major
source intends to obtain and comply with federally enforceable limits
on their potential to emit which make the facility an area source.
* * * * *
[FR Doc. 96-15439 Filed 6-17-96; 8:45 am]
BILLING CODE 6560-50-P
