Delisting of Source Category and Revision of Initial List of Categories of Sources and Schedule for Standards Under Section 112(c) of the Clean Air Act

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5335-8]

Delisting of Source Category and Revision of Initial List of

Categories of Sources and Schedule for Standards Under Section 112(c)

of the Clean Air Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Removal of the asbestos processing area source category from

the initial list of categories of sources and schedule for standards

for major and area sources of hazardous air pollutants.

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SUMMARY: This notice removes the asbestos processing source category

from the initial list of categories of sources of hazardous air

pollutants (HAP), published on July 16, 1992 (57FR31576), and the

schedule for promulgation of emission standards, published on December

3, 1993 (58FR63941).

This action finalizes the notice published in the Federal Register

(FR) on January 24, 1995 by removing an area source category (asbestos

processing) that was listed on July 16, 1992 (57FR31576). As presented

in 60FR4624, this decision is based on data obtained during the initial

stage of standards development for this source category. Under this

listing, asbestos emissions from asbestos processing sources were

studied to determine whether they could be further reduced beyond the

levels achieved under the existing National Emission Standards for HAP

(NESHAP) that apply to these sources. These data conclusively show that

asbestos emissions from specific plants that were the basis for the

initial listing are significantly lower than previously estimated. As a

result, the Agency believes that no source in the category emits

asbestos in quantities that pose an individual risk greater than one in

one million and that the previous determination that asbestos emissions

from these plants pose a threat of adverse health effects is no longer

supportable. The asbestos processing source category should therefore

be removed from the source category list.

Docket. Docket No. A-94-69, containing supporting information used

in developing this notice, is available for public inspection and

copying between 8:30 a.m. and 3:30 p.m., Monday through Friday, at the

Agency's Air Docket, 401 M Street SW., Washington, D.C. 20460. A

reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning specific

aspects of this notice, contact Susan Fairchild-Zapata, Minerals and

Inorganic Chemicals Group, Emission Standards Division (MD-13), U.S.

Environmental Protection Agency, Research Triangle Park, NC 27711,

telephone number (919) 541-5167.

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act requires under section 112 that the Agency list

and promulgate regulations requiring control of emissions of HAPs from

categories of major and area sources. Section 112(c)(1) requires the

Administrator to publish, and from time to time revise, if appropriate,

in response to comments or new information, a list of all categories

and subcategories of major and area sources of HAPs. Section 112(c)(3)

requires that the Administrator list any area source category (one

which emits less than 10 tons per year of any one HAP and less than 25

tons per year of all HAPs) that the Administrator finds poses a threat

of adverse effects to human health or the environment. Pursuant to the

specific listing requirements in section 112(c), the Agency published

on July 16, 1992 (57FR31590) a finding of adverse effects (specifically

carcinogenic effects from exposure to asbestos) for the source category

of asbestos processing. The asbestos processing source category was

then listed as a source category that would be subject to emission

standards. Following this listing, pursuant to requirements in section

112(e), the Agency on December 3, 1993 (58FR63941) published a schedule

for the promulgation of emission standards for each of the 174 listed

source categories. The reader is directed to

[[Page 61551]]

these two notices for information related to development of the initial

list and schedule.

EPA published a notice on January 24, 1995 (60FR4624) that, when

finalized, would remove the asbestos processing source category from

the section 112 source category list and schedule. In this notice, EPA

is finalizing that proposal. The reader is directed to that notice for

information related to the proposal.

Summary of Comments Received

During the comment period between January 24, 1995 and February 23,

1995, Docket No. A-94-69 received a total of three comments in response

to the 60FR4624 notice. No comments were received within 30 days after

the close of the comment period and there was no request for a public

hearing on issues related to the proposed deletion. All comments

received were in support of the Agency's preliminary decision to revise

the source category list by removing the asbestos processing area

source category from the list.

Comments addressed the completeness of EPA's study, the adequacy of

the extent of new information collected, the appropriateness of the

(proposed) revision to the list, and the adequacy of existing

regulations for controlling asbestos emissions from asbestos processing

facilities. The commenters expressed the opinion that EPA's decision to

revise the list as proposed is both accurate and reasonable.

Mr. Russell K. Snyder, Executive Vice President of the

Roof Coating Manufacturers Association (RCMA) commented, ``* * * RCMA

feels that the extensive information obtained by the Agency from over

250 companies, indicating that many companies no longer process

asbestos and those remaining use appropriate control equipment, lends

additional support and credence to the decision on the part of the

Agency to de-list the asbestos processing industry. RCMA endorses the

notice as consistent with the Clinton Administration's Common Sense

Initiative regarding legislation and regulation based on thorough

scientific and technical justification. Furthermore, RCMA feels that

this notice is an excellent example of EPA working with industry and

environmentalists to develop necessary, intelligent and effective

regulation.''

Mr. B.J. Pigg, President of the Asbestos Information

Association (AIA/NA) commented that ``AIA/NA previously filed comments

with the Agency on its plans to assess asbestos processing emissions on

October 26, 1992. As (AIA) noted there, U.S. processors currently

employ very effective baghouse collection methods to minimize fiber

release. These control methods will continue to be employed even after

the area source category is delisted.''

Mr. Frank P. Collis, environmental specialist with the

Occidental Chemical Corporation commented, ``* * * most facilities that

would have been subject to the asbestos processing area source MACT

standard are already subject to the existing asbestos NESHAP standard

(i.e., 40 CFR 61 Subpart M). The development of an additional MACT

standard would be duplicative, confusing to the regulated community and

not the best use of the Agency's limited resources.''

No comments took exception to the technical basis for the

delisting, the new information received, the analyses conducted by the

U.S. EPA to determine the validity of that information, or the

rationale for the technical decision being made. The EPA analysis

showed less than 10-6 maximum individual risk (MIR) and emission

estimates 150 times less than the estimate originally used to list the

asbestos processing source category as an area source category.

Additionally, no comments were received regarding the specific legal

basis for deletion.

II. Description of Revision

In today's notice, the Agency is removing the asbestos processing

area source category on the Administrator's own motion, pursuant to

section 112(c). As described in the proposed notice 60 FR 4624, the

Agency has new information showing that no source or group of sources

in the category emits asbestos in quantities which may cause a lifetime

risk of cancer greater than one in one million. This refutes EPA's

initial finding of a threat of adverse health effects on which the

initial listing for this area source was based under section 112(c)(3).

EPA has, therefore, determined that no source or group of sources

in the category emits asbestos in quantities which may cause a lifetime

risk of cancer greater than one in one million to the individual most

exposed to asbestos emissions and that the previous determination under

section 112(c)(3) is no longer supportable. EPA based its initial

listing of this area source category solely on the risk to human health

caused by the carcinogenic properties of asbestos emissions. New

information contained in the docket thoroughly refutes the original

data upon which EPA based its initial listing. EPA received no comment

rebutting the statement that the Agency has met the legal requirements

of section 112(c). Hence removal of this source category from the list

of area source categories is appropriate in this instance.

Most friction product manufacturing facilities have discontinued

their use of asbestos, but have significant emissions of other HAP. EPA

notes that the information collected in connection with this decision

also shows that a subcategory of asbestos processing sources, the

friction product manufacturing subcategory, has individual facilities

which emit more than 10 tons/year of a single non-asbestos HAP or more

than 25 tons per year of a collection of non-asbestos HAPs (methyl

chloroform, methyl ethyl ketone, formaldehyde, phenol, and toluene).

Therefore, EPA intends to add a new friction products manufacturing

category, including friction product manufacturing facilities that do

not use asbestos, to the source category list as a major source

category in a general revision to the source category list that is

currently being developed.

III. Administrative Requirements

A. Docket

The docket (Docket no. A-94-69) is an organized and complete file

of all the information submitted to or otherwise considered by the

Agency in the development of this proposed revision to the initial list

of categories of sources. The principal purpose of this docket is to

allow interested parties to identify and locate documents that serve as

a record of the process engaged in by the Agency to publish today's

proposed revision to the initial list and schedule.

B. Executive Order 12866

Under Executive Order 12866 (58FR51735, October 4, 1993), the

Agency must determine whether a regulation is ``significant'' and

therefore subject to Office of Management and Budget (OMB) review and

the requirements of the Executive Order. The criteria set forth in

section 1 of the Order for determining whether a regulation is a

significant rule are as follows:

(1) Is likely to have an annual effect on the economy of $100

million or more, or adversely and materially affect a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal government communities;

(2) Is likely to create a serious inconsistency or otherwise

interfere with an action taken or planned by another agency;

(3) Is likely to materially alter the budgetary impact of

entitlements,

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grants, user fees, or loan programs or the rights and obligations of

recipients thereof; or

(4) Is likely to raise novel or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

This action raises the issue of delisting an area source category

from the section 112 list of categories and sources and is therefore

subject to OMB review.

C. Paperwork Reduction Act

This action does not contain any information collection

requirements subject to OMB review under the Paperwork Reduction Act,

55 U.S.C. 3501 et seq.

D. Regulatory Flexibility Act Compliance

Pursuant to 5 U.S.C. 605(6), I hereby certify that this action will

not have a significant economic impact on a substantial number of small

entities because it imposes no new requirements.

E. Unfunded Mandates Reform Act Compliance

As shown in the Information Collection Request Document (ICR), this

action imposes no costs on State, local and tribal governments.

Accordingly, the EPA estimates that there is no direct cost to the

private sector in any one year, and no total marginal costs to industry

under this action in any one year. Therefore, the Agency concludes that

it is not required by Section 202 of the Unfunded Mandates Reform Act

of 1995 to provide a written statement to accompany this action because

promulgation of the action would not result in any expenditure by

State, local, and tribal governments, in the aggregate or by the

private sector, in any one year.

Dated: November 14, 1995.

Carol M. Browner,

Administrator.

[FR Doc. 95-29113 Filed 11-29-95; 8:45 am]

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