[Federal Register Volume 62, Number 154 (Monday, August 11, 1997)]
[Rules and Regulations]
[Pages 42918-42921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21143]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5872-7]
National Emission Standards for Chromium Emissions From Hard and
Decorative Chromium Electroplating and Chromium Anodizing Tanks
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On January 25, 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 Hard and Decorative Chromium
Electroplating and Chromium Anodizing Tanks. The NESHAP requires
existing and new major and area sources to control emissions of
hazardous air pollutants by meeting emission limits that are based on
the use of maximum achievable control technology (MACT). On January 30,
1997, the EPA issued an interim final rule that revised the compliance
date for some provisions for some of the sources subject to this
standard. Specifically, the interim rule extended the compliance date
for the monitoring, reporting, and recordkeeping (MRR) requirements for
hard chromium electroplaters and chromium anodizing operations in
California from January 25, 1997 to July 24, 1997.
Based on the comments received on the interim final rule, the EPA
has reconsidered the extension deadline and is promulgating these
revisions in today's action. Specifically, today's action further
extends the compliance date for performance test requirements and all
the monitoring, reporting, and recordkeeping (MRR) requirements for
hard chromium electroplaters and chromium anodizing operations in
California to January 25, 1998.
DATES: The final rule will be effective August 11, 1997.
ADDRESSES: Docket. Docket No. A-88-02 containing the supporting
information for the original NESHAP and this action, are available for
public inspection and copying between 8:00 a.m. and 5:30 p.m., Monday
through Friday, at the EPA's Air and Radiation Docket and Information
Center, Waterside Mall, room M-1500, first floor, 401 M Street SW.,
Washington, DC 20460, or by calling (202) 260-7548 or 260-7549. A
reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Lalit Banker, 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) 541-5420.
SUPPLEMENTARY INFORMATION:
Regulated Entities
The regulated category and entities affected by this action include
the hard chromium electroplating and chromium anodizing operations in
the State of California only. To determine whether your facility is
regulated by this action, you should carefully examine the
applicability criteria in Sec. 63.340 of the regulation. If you have
questions
[[Page 42919]]
regarding the applicability of this action to a particular entity,
consult your State/local agency, EPA regional office, or the EPA Office
of Enforcement and Compliance Assurance.
I. Basis for Changes to Rule
In response to two public comments received and further
consideration by the EPA, the following changes have been made to the
rule since the interim final rule. The EPA is extending the compliance
date for all the MRR requirements for hard chromium electroplaters and
the chromium anodizing sources in California from January 25, 1997, to
January 25, 1998 (the interim final rule extended some of these up to
July 24, 1997). Also, the performance test completion date is extended
for all the hard chromium electroplaters and the chromium anodizing
sources in California for which a source test is required from July 24,
1997, to January 25, 1998.
These changes are made primarily to allow more time for the
California Air Resources Board (CARB) to establish and obtain approval
under Subpart E of its MRR requirements for these sources that would be
at least as stringent as the Federal NESHAP requirements. It also will
allow more time for EPA to review and approve/disapprove over one
hundred performance tests for sources that performed these tests prior
to July 24, 1997. CARB and EPA Region IX have developed a source test
review protocol to use in reviewing these performance tests for
approval. Those sources whose performance tests are disapproved will
have to perform additional performance test(s) following the criteria
and methods provided in the final NESHAP rule. Thus, the extension will
give CARB and the sources additional time to achieve this. The net
effect of this compliance extension will be that all the hard chromium
electroplating and chromium anodizing sources in California that apply
add-on emission control devices to reduce chromium emissions will
continue to operate as they do now, while complying with the current
applicable State/district rules. The Federal NESHAP continues to
require these sources to monitor applicable parameters on and after the
date on which the initial performance test is required to be completed,
which is currently July 24, 1997. However, for chromium anodizing
sources that use fume suppressants as the control technology, the MRR
requirements were effective January 25, 1997, if they choose not to do
a performance test (which is allowed). Today's action extends these
dates to January 25, 1998.
As stated in the interim final rule, there is no adverse
environmental impact as a result of this extension. The sources in
California presently are required to comply with California's ``Chrome
Plating Air Toxics Control Measure'' (February 1988), which specifies
the application of control technology (already in place) that is
identical to that required by the Chromium NESHAP. The Chromium NESHAP
requires control technology to be installed by January 25, 1997.
California is in the process of obtaining approval of its rule,
including State MRR requirements, as equivalent to the Federal rule
under section 112(l) of the CAA, 42 U.S.C. Sec. 7412(l). In the event
that California is unable to obtain approval before January 25, 1998,
the requirements of the Chromium NESHAP will take effect. In this
action, the EPA is not extending the date by which control technology
must be installed, only the date by which California sources subject to
the rule must meet the Federal performance testing and MRR
requirements. This extension is not considered for similar sources in
other States because no other State has a pre-existing State regulation
that requires the installation of equivalent control technology by
January 25, 1997, nor is any other State seeking approval of an
equivalent rule or other authority.
II. Impacts
The extension of the performance testing and MRR compliance dates
for some sources in California will not have any detrimental
environmental effects because there is no delay in installation of
control technology; thus, there is no impact on the estimated emissions
reduction or the control cost for the rule.
III. Public Participation
The EPA provided 30 days for submission of public comments on the
interim final rule. Two comment letters were received during the
comment period. Both commentors asked for more time to allow the
regulatory and equivalency process to be completed thereby ensuring
that California sources are subject to only one set of requirements in
the interim and also to allow time for EPA to complete its review of
performance tests that certain sources conducted before July 24, 1997.
These commenters also requested that the EPA include in the extension
all other MRR requirements that were not included in the interim final
rule. These other MRR requirements relate to having an operation and
maintenance plan, reporting and recordkeeping of all malfunctions, etc.
One commenter wanted the extension to be as long as it takes for
differences between the State and Federal rules to be resolved.
Considering the status of the equivalency proposal, and the fact that
the sources for which the extension applies are required to install
control technology by the NESHAP's compliance date of January 25, 1997,
the EPA has decided to extend the date by which a source must conduct
its performance test and comply with the MRR requirements until January
25, 1998. In the event that California is unable to submit an
approvable rule to EPA before January 25, 1998, the requirements of the
Chromium NESHAP will take effect. EPA does not intend to grant
additional extensions beyond January 25, 1998 for this source category
as the current extension has been granted in consideration of
extraordinary circumstances which we are committed to resolving prior
to this date.
Both the commenters requested clarification regarding the
compliance date and performance test compliance date and whether the
source is in violation if a performance test conducted after January
25, 1997 shows noncompliance, while a subsequent performance test
conducted before the extended performance test compliance date shows
compliance. As stated above, today's action does not extend the
source's compliance date, which was January 25, 1997, which is the date
by which all sources were required to be in compliance. Compliance is
required as of the compliance date, regardless of when the performance
test is performed. If a performance test shows noncompliance, then the
EPA considers the source to be not in compliance from the initial
compliance date (January 25, 1997). This provision is not changed in
the final rule. Moreover, one of the premises underlying EPA's decision
to grant the extension is there is no delay in compliance. The
extension only allows additional time to conduct the requisite
performance tests and comply with the MRR requirements.
IV. 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 (EPA ICR number 1611.02) may be obtained from
Sandy Farmer, Information Policy Branch (PM-223Y); U.S. Environmental
Protection Agency; 401 M Street, SW;
[[Page 42920]]
Washington, DC 20460 or by calling (202) 260-2740.
Today's changes to the NESHAP should have no impact on the
information collection burden estimates made previously. Today's action
merely extends the date of compliance with the source test requirements
and the MRR requirements in the rule for the existing affected sources
in California. 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 ``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 Chrome Electroplating NESHAP promulgated on January 25, 1995
was determined by OMB to be a ``significant regulatory action'' within
the meaning of the Executive Order. For this reason, OMB reviewed the
final rule as promulgated. However, today's action merely extends for
certain sources the source test completion and the compliance deadline
for MRR requirements. 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 when the regulation will impose a
significant economic impact on a substantial number of small entities.
Because today's action imposes no adverse economic impacts, a
Regulatory Flexibility Analysis has not been prepared.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 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 5 U.S.C. 804(2).
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 Act
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: August 4, 1997.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, part
63, 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 N--National Emission Standards for Chromium Emissions From
Hard and Decorative Chromium Electroplating and Chromium Anodizing
Tanks
2. Section 63.342 is amended by revising the first sentence of
paragraph (f)(3)(i) introductory text to read as follows:
Sec. 63.342 Standards.
* * * * *
(f) * * *
(3) * * * (i) The owner or operator of an affected source subject
to the work practices of paragraph (f) of this section shall prepare an
operation and maintenance plan to be implemented no later than the
compliance date, except for hard chromium electroplaters and chromium
anodizing operations in California which have until January 25, 1998. *
* *
* * * * *
3. Section 63.343 is amended by revising paragraph (b)(1) and the
first sentence of paragraphs (c)(1)(ii), (c)(2)(ii), (c)(4)(ii),
(c)(5)(ii) introductory text, and (c)(6)(ii) introductory text, to read
as follows:
Sec. 63.343 Compliance provisions.
* * * * *
(b) * * *
(1) Except as provided in paragraphs (b)(2) and (b)(3) of this
section, an owner or operator of an affected source subject to the
requirements of this subpart is required to conduct an initial
performance test as required under Sec. 63.7, except for hard chromium
electroplaters and chromium anodizing operations in California which
have until January 25, 1998, using the procedures and test methods
listed in Secs. 63.7 and 63.344.
* * * * *
(c) * * *
(1) * * *
(ii) On and after the date on which the initial performance test is
required to be completed under Sec. 63.7, except for hard chromium
electroplaters and chromium anodizing operations in California which
have until January 25, 1998, the owner or operator of an affected
source, or group of affected sources under common control, shall
monitor and record the pressure drop across the composite mesh-pad
system once each day that any affected source is operating. * * *
(2) * * *
(ii) On and after the date on which the initial performance test is
required to be completed under Sec. 63.7, except for hard chromium
electroplaters and chromium anodizing operations in California
[[Page 42921]]
which have until January 25, 1998, the owner or operator of an affected
source, or group of affected sources under common control, shall
monitor and record the velocity pressure at the inlet to the packed-bed
system and the pressure drop across the scrubber system once each day
that any affected source is operating. * * *
* * * * *
(4) * * *
(ii) On and after the date on which the initial performance test is
required to be completed under Sec. 63.7, except for hard chromium
electroplaters and chromium anodizing operations in California which
have until January 25, 1998, the owner or operator of an affected
source, or group of affected sources under common control, shall
monitor and record the pressure drop across the fiber-bed mist
eliminator, and the control device installed upstream of the fiber bed
to prevent plugging, once each day that any affected source is
operating. * * *
(5) * * *
(ii) On and after the date on which the initial performance test is
required to be completed under Sec. 63.7, except for hard chromium
electroplaters and chromium anodizing operations in California which
have until January 25, 1998, the owner or operator of an affected
source shall monitor the surface tension of the electroplating or
anodizing bath. * * *
(6) * * *
(ii) On and after the date on which the initial performance test is
required to be completed under Sec. 63.7, except for hard chromium
electroplaters and chromium anodizing operations in California which
have until January 25, 1998, the owner or operator of an affected
source shall monitor the foam blanket thickness of the electroplating
or anodizing bath. * * *
* * * * *
4. Section 63.347 is amended by revising paragraph (e)(4) to read
as follows:
Sec. 63.347 Reporting requirements.
* * * * *
(e) * * *
(4) For sources that are not required to complete a performance
test in accordance with Sec. 63.343(b), the notification of compliance
status shall be submitted to the Administrator no later than 30 days
after the compliance date specified in Sec. 63.343(a), except the date
on which sources in California shall monitor the surface tension of the
anodizing bath is extended to January 25, 1998.
* * * * *
[FR Doc. 97-21143 Filed 8-8-97; 8:45 am]
BILLING CODE 6560-50-P
