National Emission Standards for Hazardous Air Pollutants for: Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks; Ethylene Oxide Commercial Sterilization and Fumigation Operations; Perchloroethylene Dry Cleaning Facilities; and Secondary Lead Smelting

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5512-6]

National Emission Standards for Hazardous Air Pollutants for:

Chromium Emissions From Hard and Decorative Chromium Electroplating and

Chromium Anodizing Tanks; Ethylene Oxide Commercial Sterilization and

Fumigation Operations; Perchloroethylene Dry Cleaning Facilities; and

Secondary Lead Smelting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates final action to amend certain sections

of the following promulgated standards: ``National Emission Standards

for Chromium Emissions from Hard and Decorative Chromium Electroplating

and Chromium Anodizing Tanks; Final Rule'' (subpart N); ``National

Emission Standards for Hazardous Air Pollutants for Ethylene Oxide

Commercial Sterilization and Fumigation Operations'' (subpart O);

``National Emission Standards for Hazardous Air Pollutants for Source

Categories: Perchloroethylene Dry Cleaning Facilities'' (subpart M);

and ``National Emission Standards for Hazardous Air Pollutants from

Secondary Lead Smelting'' (subpart X). Today's action amends the Final

Rules' requirement that nonmajor sources (emitting or having the

potential to emit less than 10 tons per year of any hazardous air

pollutant or 25 tons per year of any combination of hazardous air

pollutants) obtain title V operating permits. The action being taken

today will substantially reduce the unnecessary and undue regulatory

burden for States and local agencies, the EPA Regional Offices, and the

industry during a time when all available resources are necessary for

the initial implementation of the title V permit program for major

sources. Sources are still required to meet all applicable emission

control requirements established by the respective maximum achievable

control technology (MACT) standards. The only change from proposal to

promulgation is that the 5-year deferral option, as with the other

rules, is also being provided for nonmajor sources in the secondary

lead smelters (subpart X) source category.

DATES: Effective Date: June 3, 1996.

Judicial Review: Under section 307(b)(1) of the Act, judicial

review of national emission standards for hazardous air pollutants

(NESHAP) is available only by filing a petition for review in the U.S.

Court of Appeals for the District of Columbia Circuit within 60 days of

today's publication of this final rule. Under section 307(b)(2) of the

Act, the requirements that are the subject of today's notice may not be

challenged later in civil or criminal proceedings brought by the EPA to

enforce these requirements.

ADDRESSES: Docket. Docket No. A-88-02, containing the supporting

information for the original subpart N NESHAP and this action, Docket

No. A-88-03, containing the supporting information for the original

subpart O NESHAP, Docket No. A-88-11, containing the supporting

information for the original subpart M NESHAP, and Docket No. A-92-43,

containing the supporting information for the original subpart X

NESHAP, are available for public inspection and copying between 8:00

a.m. and 5:30 p.m., Monday through Friday, at the EPA Air and Radiation

Docket and Information Center, Waterside Mall, room M-1500, first

floor, 401 M Street S.W., Washington, D.C. 20460, or by calling (202)

260-7548. These dockets also contain information considered by the EPA

in developing this final rule. A reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: Mr. Lalit Banker, Emission Standards

Division (MD-13), Office of Air Quality Planning and Standards, U.S.

Environmental Protection Agency, Research Triangle Park, North Carolina

27711, telephone number (919) 541-5420.

SUPPLEMENTARY INFORMATION:

I. Background

The proposal notice was published in the Federal Register on

December 13, 1995 (60 FR 64002). No public hearing was requested.

Seventeen letters commenting on the proposed rule were received during

the public comment period.

II. Summary

A. Summary of Changes Since Proposal

The proposed rule offered title V permitting authorities the option

to defer permitting of nonmajor sources in the following source

categories: chromium electroplating and chromium anodizing tanks;

ethylene oxide commercial sterilization and fumigation operations; and

perchloroethylene dry cleaning facilities. The rule proposed permitting

nonmajor secondary lead smelters on schedule. In response to public

comments received and additional analyses performed by the EPA, one

change has been made to the rule since proposal. The permitting

authorities will be allowed the option to defer the nonmajor sources in

the secondary lead smelters source category for 5 years from title V

permit requirements similar to the option for nonmajor sources in the

other source categories described in the proposal. Comments were also

received on possible additional permanent exemptions for any of the

source categories for which temporary exemptions were being considered.

Although a majority of the comments supported permanent exemptions for

these nonmajor sources, the EPA has decided not to grant permanent

exemptions to any additional source categories at this time. However,

the EPA will make a decision regarding additional permanent exemptions

by the time the temporary exemptions expire. During the permit deferral

period, the EPA will continue to evaluate the State/local agencies

implementation and enforcement of the standards for nonmajor sources

outside of a title V permit, the likely benefit of permitting such

sources, and the costs and other burdens on such sources associated

with obtaining a title V permit.

B. Significant Comments and Responses

Comments on the proposed rule were received from the industry and

State and local regulatory agencies. Except for one State agency, all

commenters concurred with the EPA option to allow states to defer title

V permit requirements for nonmajor sources. The representative for the

State of Florida disagreed with this recommendation by contending that

permitting the subject nonmajor sources through the use of title V

general permits would not constitute an undue regulatory burden for a

permitting agency, nor would such a mechanism be considered

exceptionally onerous for small

[[Page 27786]]

businesses covered by the section 112 standards. The State of Florida

maintains that a general permit is the most efficient and cost-

effective process by which States can implement emission standard

requirements.

The commenter articulated that the deferral of permitting

requirements for area sources is problematic for the following reasons.

First, the deferral will create unnecessary confusion for affected

sources that will still be subject to the NESHAP requirements. Second,

permits are needed to practically verify emission limitations and work

practices to which a source is subject. Third, the commenter questions

whether the enforcement of NESHAP requirements can be accomplished by

means other than a permit. The commenters experience has been that

small businesses support a general permit that states the applicable

NESHAP requirements. Lastly, the commenter believes that the lack of a

permit requirement will result in unequal enforcement of emission

limitations by individual States or local air pollution control

agencies.

The EPA believes that the rationale described in the proposal for

the temporary exemption option, as well as supportive public comments,

strongly support the deferral of permitting for nonmajor sources;

therefore, the EPA has not made any changes to this option.

Nevertheless, the issues which the above commenter raises will be

examined during the process of determining whether to permit or allow

the exemption of nonmajor sources at the conclusion of the 5 year

deferral. It should be noted that todays action does not preclude any

State/local permitting authority from proceeding to permit the nonmajor

sources discussed in this notice at their discretion during the

deferral period.

Two commenters specifically questioned the EPA's justification in

not allowing the deferral of nonmajor secondary lead smelters. The EPA

had proposed that requiring nonmajor secondary lead smelters to obtain

Part 70 permits without delay would not be impracticable or infeasible

for the State or local permitting authorities involved and would not

unnecessarily burden these companies since, in contrast to the hundreds

or thousands of sources in the four other source categories, there are

only a few secondary lead smelters which are nonmajor sources. The

commenters contend that requiring nonmajor secondary lead smelters to

obtain a title V permit is also unnecessary and could cause undue

burden both to the industry as well as to the State agencies and will

not enhance any environmental benefits.

Upon consideration of these comments and further evaluation, the

EPA believes that the relatively few number of sources in a category is

not an important distinction, and that States should, therefore, also

be allowed to temporarily exempt nonmajor secondary lead smelters from

permitting requirements, along with sources in the other source

categories. This change from proposal is consistent with the EPA's

decision for deferral for the other area source categories. As

explained previously, comments were received on the other nonmajor

source categories requesting an option for permanent permit exemptions.

The EPA will continue to evaluate factors related to this issue and

make a decision regarding permanent exemptions by the time the

temporary exemptions expire. This ongoing evaluation reinforced the

advisability of also providing the opportunity for the deferral of

permits to secondary lead smelters, so that the permit requirements for

all nonmajor sources can be addressed as a package. These nonmajor

sources are still required to comply with the requirements of the

promulgated standard for secondary lead smelters regardless of whether

they will be permitted in the near term. While the EPA disagrees with

the assertion that permitting under title V does not yield an

environmental benefit, the EPA does agree that to require the immediate

permitting of nonmajor secondary lead smelters is unnecessarily

burdensome during the initial years of the title V program.

III. Administrative Requirements

A. Paperwork Reduction Act

The information collection requirements of the previously

promulgated National Emission Standards for Hazardous Air Pollutants

(NESHAP) were submitted to and approved by the Office of Management and

Budget (OMB). Today's changes to the NESHAP would not increase the

information collection burden estimates made previously. In fact, they

are expected to reduce the required paperwork by providing the

opportunity for delays for some sources and exemptions for others from

requirements to obtain a title V permit.

B. Executive Order 12866

Under Executive Order 12866, the Agency 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 result in 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, or 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.

Pursuant to the terms of the Executive Order, the OMB has notified

the EPA that it does not consider this to be a ``significant regulatory

action'' within the meaning of the Executive Order. Therefore, the EPA

did not submit this action to the OMB for review.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the

EPA to consider potential impacts of regulations on small entities. A

regulatory flexibility analysis (RFA) is required if preliminary

analysis indicates ``a significant economic impact on a substantial

number of small entities''. As explained earlier in this rule, these

amendments would reduce the impacts on small entities (specifically

small businesses) by allowing States to delay some and exempt others

from the requirement to obtain a title V permit.

Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify

that this rule will not have a significant economic impact on a

substantial number of small entities.

D. Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)

Subtitle E of SBREFA establishes opportunity for Congress to review

and potentially disapprove nonmajor rules promulgated on or after March

29, 1996 or major rules promulgated after March 1, 1996. With limited

exceptions, it provides that no rule promulgated on or after March 29,

1996, may take effect until it is submitted to Congress and the

Comptroller General along with specified supporting documentation.

Different requirements apply to major rules. This rule, which is

nonmajor, is

[[Page 27787]]

being submitted to Congress in accordance with these requirements.

E. Unfunded Mandates Reform Act

Section 202 of the Unfunded Mandates Reform Act of 1995 (``unfunded

Mandates Act''), (signed into law on March 22, 1995) requires that the

Agency prepare a budgetary impact statement to accompany any proposed

or final rule that includes a Federal Mandate that may result in

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

or by the private sector, of $100 million or more in any 1 year.

Section 203 requires the Agency to establish a plan for obtaining input

from and informing, educating, and advising any small governments that

may be significantly or uniquely affected by the rule.

As explained earlier in this notice, these amendments would reduce

the cost to State, local, and tribal governments and the private sector

by allowing States to delay some and exempt others from the requirement

to obtain a title V permit. Therefore, the EPA has not prepared a

budgetary impact statement for these amendments.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

Dated: May 22, 1996.

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 set forth below:

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--[Amended]

2. Section 63.340 is amended by revising paragraph (e) to read as

follows:

Sec. 63.340 Applicability and designation of sources.

* * * * *

(e)(1) The Administrator has determined, pursuant to the criteria

under section 502(a) of the Act, that an owner or operator of the

following types of operations that are not by themselves major sources

and that are not located at major sources, as defined under 40 CFR

70.2, is permanently exempt from title V permitting requirements for

that operation:

(i) Any decorative chromium electroplating operation or chromium

anodizing operation that uses fume suppressants as an emission

reduction technology; and

(ii) Any decorative chromium electroplating operation that uses a

trivalent chromium bath that incorporates a wetting agent as a bath

ingredient.

(2) An owner or operator of any other affected source subject to

the provisions of this subpart is subject to title V permitting

requirements. These affected sources, if not major or located at major

sources as defined under 40 CFR 70.2, may be deferred by the applicable

title V permitting authority from title V permitting requirements for 5

years after the date on which the EPA first approves a part 70 program

(i.e., until December 9,1999). All sources receiving deferrals shall

submit title V permit applications within 12 months of such date (by

December 9, 2000). All sources receiving deferrals still must meet the

compliance schedule as stated in Sec. 63.343.

3. Section 63.342 is amended by revising the first sentence of

paragraph (c)(2)(i)(B) and introductory text of paragraph (f)(3)(i) to

read as follows:

Sec. 63.342 Standards.

* * * * *

(c) * * *

(2) * * *

(i) * * *

(B) By accepting a Federally-enforceable limit on the maximum

cumulative potential rectifier capacity of a hard chromium

electroplating facility and by maintaining monthly records in

accordance with Sec. 63.346(b)(12) to demonstrate that the limit has

not been exceeded. * * *

* * * * *

(f) * * *

(3) * * *

(i) The owner or operator of an affected source subject to the work

practices of this paragraph (f) shall prepare an operation and

maintenance plan to be implemented no later than the compliance date.

The plan shall be incorporated by reference into the source's title V

permit, if and when a title V permit is required. The plan shall

include the following elements:

* * * * *

Sec. 63.344 [Amended]

4. In Sec. 63.344, paragraphs (e)(3)(v) and (e)(4)(iv) are amended

by revising the word ``less'' to read ``more''.

5. Section 63.347 is amended by revising the introductory text in

paragraph (e)(2) and paragraph (f)(1) to read as follows:

Sec. 63.347 Reporting requirements.

* * * * *

(e) * * *

(2) If the State in which the source is located has not been

delegated the authority to implement the rule, each time a notification

of compliance status is required under this part, the owner or operator

of an affected source shall submit to the Administrator a notification

of compliance status, signed by the responsible official (as defined in

Sec. 63.2) who shall certify its accuracy, attesting to whether the

affected source has complied with this subpart. If the State has been

delegated the authority, the notification of compliance status shall be

submitted to the appropriate authority. The notification shall list for

each affected source:

* * * * *

(f) * * *

(1) If the State in which the source is located has not been

delegated the authority to implement the rule, the owner or operator of

an affected source shall report to the Administrator the results of any

performance test conducted as required by Sec. 63.7 or Sec. 63.343(b).

If the State has been delegated the authority, the owner or operator of

an affected source should report performance test results to the

appropriate authority.

* * * * *

6. Table 1 to subpart N of Part 63 is amended by revising the entry

for ``63.5(a)'' to read as follows:

Table 1 to Subpart N of Part 63--General Provisions Applicability to Subpart N

----------------------------------------------------------------------------------------------------------------

General provisions reference Applies to subpart N Comment

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* * * * * *

*

63.5(a)............................... Yes................................... Except replace the term

``source'' and ``stationary

source'' in Sec. 63.5(a) (1)

and (2) of subpart A with

``affected sources.''

[[Page 27788]]

* * * * * *

*

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Subpart O--[Amended]

7. Section 63.360 is amended by revising paragraph (f) to read as

follows:

Sec. 63.360 Applicability.

* * * * *

(f) The owner or operator of a source, subject to the provisions of

the title 40, chapter I, part 63 subpart O, using 1 ton (see

definition) is subject to title V permitting requirements. These

affected sources, if not major or located at major sources as defined

under 40 CFR 70.2, may be deferred by the applicable title V permitting

authority from title V permitting requirements for 5 years after the

date on which the EPA first approves a part 70 program (i.e., until

December 9, 1999). All sources receiving deferrals shall submit title V

permit applications within 12 months of such date (by December 9,

2000). All sources receiving deferrals still must meet compliance

schedule as stated in this Sec. 63.360.

* * * * *

Subpart M--[Amended]

8. Section 63.320 is amended by adding paragraph (k) to read as

follows:

Sec. 63.320 Applicability.

* * * * *

(k) The owner or operator of any source subject to the provisions

of this subpart M is subject to title V permitting requirements. These

affected sources, if not major or located at major sources as defined

under 40 CFR 70.2, may be deferred by the applicable title V permitting

authority from title V permitting requirements for 5 years after the

date on which the EPA first approves a part 70 program (i.e., until

December 9, 1999). All sources receiving deferrals shall submit title V

permit applications within 12 months of such date (by December 9,

2000). All sources receiving deferrals still must meet compliance

schedule as stated in this Sec. 63.320.

Subpart X--[Amended]

9. Section 63.541 is amended by adding paragraph (c) to read as

follows:

Sec. 63.541 Applicability.

* * * * *

(c) The owner or operator of any source subject to the provisions

of this subpart X is subject to title V permitting requirements. These

affected sources, if not major or located at major sources as defined

under 40 CFR 70.2, may be deferred by the applicable title V permitting

authority from title V permitting requirements for 5 years after the

date on which the EPA first approves a part 70 program (i.e., until

December 9, 1999). All sources receiving deferrals shall submit title V

permit applications within 12 months of such date (by December 9,

2000). All sources receiving deferrals still must meet compliance

schedule as stated in Sec. 63.546.

[FR Doc. 96-13825 Filed 6-3-96; 8:45 am]

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