98-19406. National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers  

  • [Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
    [Proposed Rules]
    [Pages 39543-39545]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-19406]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 63
    
    [AD-FRL-6112-6]
    
    
    National Emission Standards for Hazardous Air Pollutants for 
    Industrial Process Cooling Towers
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Proposed rule.
    
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    SUMMARY: This action proposes to correct and clarify regulatory text of 
    the ``National Emission Standard for Hazardous Air Pollutants for 
    Industrial Process Cooling Towers,'' which was issued as a final rule 
    on September 8, 1994. This action proposes to allow sources the 
    alternative of demonstrating compliance with the standard through 
    recordkeeping in lieu of a water sample analysis. The standard itself 
    would not be changed. Because the proposed amendments to the rule are 
    minor, the Agency does not anticipate receiving adverse comments. 
    Consequently the revisions are also being issued as a direct final rule 
    in the final rules section of this Federal Register. If no adverse 
    comments are timely received, no further action will be taken with 
    respect to this proposal and the direct final rule will become final on 
    the date provided in that action.
    
    DATES: Comments. Comments must be received on or before September 21, 
    1998, unless a hearing is requested by August 3, 1998. If a hearing is 
    held, written comments must be received by October 6, 1998.
        Public Hearing. Anyone requesting a public hearing must contact the 
    EPA no later than August 3 , 1998. If a hearing is held, it will take 
    place on August 7, 1998, beginning at 10:00 a.m.
    
    ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
    possible) to: Air and Radiation Docket and Information Center (6102), 
    Attention Docket Number A-91-65 (see docket section below), Room M-
    1500, U.S. Environmental Protection Agency, 401 M Street, SW, 
    Washington, DC 20460. EPA also requests that a separate copy also be 
    sent to the contact person listed below.
        Public Hearing. If a public hearing is held, it will be held at the 
    EPA's Office of Administration Auditorium, Research Triangle Park, 
    North Carolina. Persons interested in attending the hearing or wishing 
    to present oral testimony should notify Mr. Phil Mulrine, Metals Group, 
    Emission Standards Division (MD-13), U.S. Environmental Protection 
    Agency, Research Triangle Park, N.C. 27711, telephone (919) 541-5289.
        Docket. Docket No. A-91-65, containing the supporting information 
    for the original standard and this action, is available for public 
    inspection and copying between 8:00 a.m. and 3:30 p.m., Monday through 
    Friday, at EPA's Air Docket Section, Waterside Mall, room 1500, 1st 
    Floor, 401 M Street, SW., Washington, DC 20460. A reasonable fee may be 
    charged for copying.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Phil Mulrine, Metals Group, 
    Emission Standards Division (MD-13), U.S. Environmental Protection 
    Agency, Research Triangle Park, North Carolina 27711; telephone (919) 
    541-5289.
    
    SUPPLEMENTARY INFORMATION: Unless a hearing is requested (in which 
    case, the comment period is 75 days from date of publication), if no 
    significant adverse comments are received by September 21, 1998 no 
    further activity is contemplated in relation to this proposed rule and 
    the direct final rule in the final rules section of this Federal 
    Register will automatically go into effect on October 21, 1998. If 
    significant adverse comments are timely received, the direct final rule 
    will be withdrawn and all public comment received will be addressed in 
    a subsequent final rule. Because the EPA will not institute a second 
    comment period on this proposed rule, any parties interested in 
    commenting should do so during this comment period. If no timely 
    adverse comments are received the direct final rule will become final 
    October 21, 1998 and no further action is contemplated on the parallel 
    proposal published today.
        On September 8, 1994 (59 FR 46339), the Environmental Protection 
    Agency (EPA) promulgated in the Federal Register national emission 
    standards for hazardous air pollutants for industrial process cooling 
    towers. These standards were promulgated as subpart Q in 40 CFR part 
    63. This document contains amendments to clarify the applicability of 
    the final standard.
    
    I. Regulated Entities
    
        Entities potentially regulated by this action include:
    
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                                                    Examples of regulated   
                     Category                             entities          
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    Industry..................................  Industrial Process Cooling  
                                                 Towers.                    
    ------------------------------------------------------------------------
    
        This table is not intended to be exhaustive, but rather provides a 
    guide for readers regarding entities likely to be interested in the 
    revisions to the regulation contained in this action. This table lists 
    the types of entities that EPA is now aware could potentially be 
    regulated by this action. To determine whether your facility is 
    affected by these revisions, you should carefully examine the language 
    of section 63.404 of title 40 of the Code of Federal Regulations. 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.
    
    II. Description of the Changes
    
        Section 63.404 is being revised to clarify that compliance with the 
    standard can be demonstrated either by cooling water sampling analysis 
    or by recordkeeping which shows that the owner or operator has switched 
    to a non-chromium water treatment method.
        In addition Sec. 63.404(b) is revised to clarify that a cooling 
    water sample showing residual hexavalent chromium of 0.5 parts per 
    million by weight or less shall be considered compliance with the 
    standard.
        For the detailed rationale for these proposed changes, see the 
    information provided in the direct final rule in the final rules 
    section of this Federal Register.
    
    [[Page 39544]]
    
    III. Administrative
    
    A. Paperwork Reduction Act
    
        The information collection requirements in this rule will be 
    submitted for approval to the Office of Management and Budget (OMB) 
    under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
    Information Collection Request (ICR) document has been prepared by EPA 
    (ICR No. 1876.01) and a copy may be obtained from Sandy Farmer by mail 
    at OPPE Regulatory Information Division; U.S. Environmental Protection 
    Agency (2137); 401 M St., SW; Washington, DC 20460, by e-mail at 
    farmer.sandy@epamail.epa.gov, or by calling (202) 260-2740. A copy may 
    also be downloaded off the internet at http://www.epa.gov/icr. The 
    information requirements are not effective until OMB approves them.
        The information collected will be used as an alternative means of 
    compliance under Sec. 63.404. Owners of IPCT's are required to maintain 
    a cooling water concentration of residual hexavalent chromium equal to 
    or less than 0.5 parts per million. The owner of IPCT's can choose to 
    demonstrate compliance by maintaining records of chemical treatment 
    purchases instead of measuring the cooling water hexavalent chromium 
    concentration.
        The recordkeeping burden is estimated to be 6 hours annually. The 
    rule has no reporting requirements so there is no burden associated 
    with reporting. Burden means the total time, effort, or financial 
    resources expended by persons to generate, maintain, retain, or 
    disclose or provide information to or for a Federal agency. This 
    includes the time needed to review instructions; develop, acquire, 
    install, and utilize technology and systems for the purposes of 
    collecting, validating, and verifying information, processing and 
    maintaining information, and disclosing and providing information; 
    adjust the existing ways to comply with any previously applicable 
    instructions and requirements; train personnel to be able to respond to 
    a collection of information; search data sources; complete and review 
    the collection of information; and transmit or otherwise disclose the 
    information.
        An Agency may not conduct or sponsor, and a person is not required 
    to respond to a collection of information unless it displays a 
    currently valid OMB control number. The OMB control numbers for EPA's 
    regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
        Send comments on the Agency's need for this information, the 
    accuracy of the provided burden estimates, and any suggested methods 
    for minimizing respondent burden, including through the use of 
    automated collection techniques to the Director, OPPE Regulatory 
    Information Division; U.S. Environmental Protection Agency (2137); 401 
    M St., SW; Washington, DC 20460; and to the Office of Information and 
    Regulatory Affairs, Office of Management and Budget, 725 17th St., NW, 
    Washington, DC 20503, marked ``Attention: Desk Officer for EPA.'' 
    Comments are requested within August 24, 1998. Include the ICR number 
    in any correspondence.
    
    B. Executive Order 12866
    
        Under Executive Order 12866, the EPA must determine whether the 
    proposed regulatory action is ``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 Industrial Process Cooling Towers rule promulgated on September 
    8, 1994 was considered ``significant'' under Executive Order 12866 and 
    a regulatory impact analysis was prepared. The amendments proposed 
    today do not add any additional control requirements to the rule, but 
    rather would clarify the rule and add an alternative means of 
    compliance. It has been determined that these amendments are not a 
    ``significant regulatory action'' under terms of Executive Order 12866 
    and, therefore, are not subject to review by the Office of Management 
    and Budget.
    
    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 requirements unless the agency certified 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 government jurisdictions. 
    This proposed rule would not have a significant impact on a substantial 
    number of small entities. The proposed changes to the rule merely 
    clarify existing requirements, and increase flexibility by allowing an 
    alternative means of compliance, and therefore do not create any 
    additional burden for any of the regulated entities. Therefore, I 
    certify that this proposed action will not have a significant economic 
    impact on a substantial number of small entities.
    
    D. Unfunded Mandates Act
    
        Under section 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), 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, 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 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 proposed today does not 
    include a Federal mandate that will 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 Act do not apply to this action.
    
    E. Protection of Children from Environmental Health Risks and Safety 
    Risk Under Executive Order 13045
    
        The Executive Order 13045 applies to any rule that (1) OMB 
    determines is ``economically significant'' as defined under Executive 
    Order 12866, and (2) EPA determines 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 aspects 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.
        The proposed rule is not subject to Executive Order 13045, entitled 
    Protection of Children from
    
    [[Page 39545]]
    
    Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
    1997), because it does not involve decisions on environmental health 
    risks or safety risks that may disproportionately affect children.
    
    List of Subjects in 40 CFR Part 63
    
        Environmental Protection, Air pollution control, Hazardous 
    substances, Industrial process cooling towers, Reporting and 
    recordkeeping requirements.
    
        Dated: June 12, 1998.
    Carol M. Browner,
    Administrator.
    [FR Doc. 98-19406 Filed 7-22-98; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
07/23/1998
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
98-19406
Dates:
Comments. Comments must be received on or before September 21, 1998, unless a hearing is requested by August 3, 1998. If a hearing is held, written comments must be received by October 6, 1998.
Pages:
39543-39545 (3 pages)
Docket Numbers:
AD-FRL-6112-6
PDF File:
98-19406.pdf
CFR: (1)
40 CFR 63