[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Rules and Regulations]
[Pages 39516-39519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19407]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6112-7]
National Emission Standards for Hazardous Air Pollutants for
Industrial Process Cooling Towers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action corrects and clarifies 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. The rule is being revised to clarify that the
owner or operator of a source that ceases use of chromium-based
chemicals may demonstrate compliance with the standard through
recordkeeping.
[[Page 39517]]
Because the rule merely clarifies the intent and coverage of the
September 8, 1994 final rule, it has no impact on the environment
beyond that of the original rule.
DATES: Effective Date. The direct final rule will be effective October
21, 1998 if no timely adverse comments are received by September 21,
1998.
If a hearing is requested, the comment period will end October 6,
1998. Should the EPA receive such comments, it will publish a timely
withdrawal of the Direct Final rule in the Federal Register and inform
the public that the rule will not take effect.
Public Hearing. Anyone requesting a public hearing must contact EPA
no later than August 3, 1998. If a hearing is held, it will take place
on August 7, 1998.
ADDRESSES: Comments should be submitted (in duplicate, if possible) to:
Air and Radiation Docket (6102), Attention Docket Number A-91-65, Room
M-1500, U.S. Environmental Protection Agency, 401 M Street, SW
Washington, DC 20460.
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.
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:
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.
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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 the 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. Comments
If significant adverse comments are timely received on the direct
final rule, all such comments 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.
The direct final rule will be withdrawn.
This rule will become effective without further notice unless the
Agency receives relevant adverse comment within 60 days of the
publication of this document. Should the Agency receive such comments,
it will publish a timely withdrawal and inform the public that this
rule will not take effect.
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.
Subpart Q limits the discharge of chromium from industrial process
cooling towers (IPCTs) located at major sources by prohibiting the use
of chromium-based water treatment chemicals in those IPCTs. As
authorized by section 112(h) of the Clean Air Act (the Act) this
standard is a work practice standard. The standard specifies that
owners and operators may not use chromium-based water treatment
chemicals in IPCTs and that on or after 3 months after the compliance
date a cooling water sample residual hexavalent chromium concentration
in excess of 0.5 ppm shall indicate a violation of the standard. This
document contains amendments to clarify the applicability of the final
standard.
III. 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. At the time the final
standard was promulgated in September of 1994, EPA believed that once
an owner or operator ceased adding chromium-based chemicals to the IPCT
water the residual chromium would fall below 0.5 ppm in all cases in
less than 3 months. As a result, Sec. 63.404(b) was drafted to allow 3
months for sources to reach a residual chromium reading of less than
0.5 ppm. On or after 3 months after the compliance date the
Administrator (or delegated authority) could require cooling water to
be analyzed to determine whether the residual hexavalent chromium
concentration exceeds 0.5 ppm by weight. A reading in excess of 0.5 ppm
would indicate a violation of the standard.
Since promulgation of the final rule EPA has learned that there are
some IPCTs for which residual chromium remains higher than 0.5 ppm
beyond 3 months after chromium-based chemicals cease to be added to the
IPCT water. EPA has therefore concluded that sampling of cooling water
to measure residual chromium may not always be an accurate measure of
whether an owner or operator has ceased using chromium-based chemicals.
Today's revisions to the September 1994 final rule provide that an
owner or operator may demonstrate through recordkeeping that the
chemicals used in the IPCT are not chromium-based. This revision does
not change the underlying standard contained in 40 CFR 63.402 which
provides that ``no owner or operator of an IPCT shall use chromium-
based water treatment chemicals in any affected IPCT.''
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. This change does not alter the standard but rather rephrases
it for clarity.
IV. 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
[[Page 39518]]
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 owners 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 by September 21, 1998. Include the ICR number in
any correspondence.
B. Executive Order 12866
Under Executive Order 12866, the EPA must determine whether a
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 was promulgated on
September 8, 1994. The amendments issued 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
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule. EPA has also
determined that this rule will not have a significant economic impact
on a substantial number of small entities because it imposes no
additional requirements, and adds compliance flexibility.
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 promulgated 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. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
F. Protection of Children From Environmental Health Risks and Safety
Risks 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 direct final rule is not subject to Executive Order 13045,
entitled Protection of Children from 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.
For the reasons set out in the preamble, title 40, chapter I, part
63,
[[Page 39519]]
subpart Q 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 Q--National Emission Standards for Hazardous Air Pollutants
for Industrial Process Cooling Towers
2. Section 63.404 is amended by revising the introductory language
and paragraph (b), and by adding new paragraphs (c) and (d) to read as
follows:
Sec. 63.404 Compliance demonstrations.
No routine monitoring, sampling, or analysis is required. In
accordance with section 114 of the Act, the Administrator or delegated
authority can require cooling water sample analysis of an IPCT if there
is information to indicate that the IPCT is not in compliance with the
requirements of Sec. 63.402 of this subpart. The owner or operator of
an IPCT may demonstrate compliance through recordkeeping in accordance
with paragraph (c) of this section in lieu of a water sample analysis.
If cooling water sample analysis is required:
(a) * * *
(b) On or after 3 months after the compliance date, a cooling water
sample residual hexavalent chromium concentration equal to or less than
0.5 parts per million by weight shall indicate compliance with
Sec. 63.402. Alternatively, an owner or operator may demonstrate
compliance through record keeping in accordance with paragraph (c).
(c) To demonstrate compliance with Sec. 63.402, in lieu of the
water sample analysis provided for in paragraph (a) of this section,
the owner or operator of each IPCT may maintain records of water
treatment chemical purchases, including invoices and other
documentation that includes invoices and other documentation that
includes date(s) of purchase or shipment, trade name or other
information to identify composition of the product, and quantity of the
product.
(d) Following a request, by the Administrator or delegated
authority, under paragraph (a) for a water sample analysis, failure to
either meet the concentration level specified in paragraph (b) or
provide the records specified in paragraph (c) shall indicate a
violation of Sec. 63.402.
[FR Doc. 98-19407 Filed 7-22-98; 8:45 am]
BILLING CODE 6560-50-P
