National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5682-3]

National Emission Standards for Chromium Emissions From Hard and

Decorative Chromium Electroplating and Chromium Anodizing Tanks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule deadline extension.

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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 by the Clean Air Act Amendments of 1990,

for Hard and

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Decorative Chromium Electroplating and Chromium Anodizing Tanks. The

NESHAP requires existing and new major and area sources to control

emissions of hazardous air pollutants using the maximum achievable

control technology (MACT). Today's action revises the compliance date

for some of the sources subject to this standard. Specifically, this

action extends the monitoring, reporting, and recordkeeping (MRR)

requirements for hard chromium electroplaters and chromium anodizing

operations in California from a January 25, 1997 compliance deadline to

a July 24, 1997 compliance date.

The EPA is promulgating these revisions as an interim final

regulation and is requesting comments on the revisions. The revisions

will be in effect during the interim period while EPA receives,

reviews, and responds to any comments.

DATES: The interim final rule will be effective January 30, 1997.

Written comments on this action must be received by EPA at the address

below on or before March 3, 1997.

ADDRESSES: Comments should be submitted to: Air and Radiation Docket

and Information Center (6102), Attention Docket Number A-88-02, Room M-

1500, U.S. Environmental Protection Agency, 401 M Street, SW,

Washington, DC 20460. The EPA requests that a separate copy also be

sent to the contact person listed under FOR FURTHER INFORMATION

CONTACT. Comments may also be submitted electronically by sending

electronic mail (e-mail) to: [email protected].

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 section 63.340 of the regulation.

If you have questions regarding the applicability of this action to a

particular entity, consult your State/local agency, EPA regional

offices, or Lalit Banker at the number listed in the preceding FOR

FURTHER INFORMATION CONTACT section.

I. Additional Information

The EPA, in association with the industry participating in the

Common Sense Initiative, has undertaken emission test efforts at

existing hard chromium electroplating operations to explore the

applicability and feasibility of alternative control techniques that

could be applied to comply with the rule and that may have significant

pollution prevention opportunities and cost savings. The report of this

effort has recently been completed and shows considerable promise. The

majority of hard chromium sources could make use of this technology but

need to carefully explore the applicability of these alternative

control techniques to their respective operations. Contact your trade

association or Mr. Paul Shapiro of EPA at (202) 260-4969 for further

information on this report.

II. Basis for Changes to Rule

In accordance with the provisions of the Administrative Procedure

Act (APA), EPA is invoking the good cause exception in taking this

final action without prior notice and an opportunity for comment. 5

U.S.C. 553(b)(B); Shell Oil Co. v. EPA, 950 F.2d 741.752 (DC Cir.1991).

The EPA is extending the compliance date for MRR requirements for hard

chromium electroplaters and the chromium anodizing sources in

California from January 25, 1997, to July 24, 1997, to allow time for

the California Air Resources Board (CARB) to establish and get approved

MRR requirements for these sources that would be at least as stringent

as the Federal NESHAP requirements. The net effect of this compliance

extension will be that all the hard chromium electroplaters and the

chromium anodizing sources in California that apply add-on emission

control devices to reduce chromium emissions would continue to operate

as they do now, while complying with the current applicable State/

district rules. The Federal NESHAP requires these sources to monitor

applicable parameters on and after the date on which the initial

performance test is required to be completed, which is 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).

These sources in California are presently 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 has applied for an equivalency

determination of its rule under section 112(l) of the CAA, including

State MRR requirements. The EPA is not extending the date by which

control technology must be installed in this action, only the date by

which California sources subject to the rule must meet the Federal 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 an equivalency

determination with the Federal rule.

III. Impacts

The extension on the 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.

IV. Public Participation

EPA is issuing this final rule without prior notice and comments.

This expedited rulemaking procedure is based on the need to act

expeditiously to ensure that subject California sources are not

required to meet both the Federal and State MRR requirements on January

25, 1997, provided such sources comply with the State regulations. In

support of this action, EPA has contacted and received input from a

significant number of interested parties. EPA believes these

circumstances provide good cause under 5 U.S.C. 553(b) and CAA section

307(d)(1) to expedite this rulemaking. EPA finds that notice and

comment procedures under section 307(d) are impracticable and contrary

to the public interest based on the limited time before January 25,

1997, and the fact that the subject California sources will have

installed the requisite controls as required by the Chromium NESHAP.

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At the same time EPA is providing 30 days for submission of public

comments. EPA will consider all written comments submitted in the

allotted time period to determine if any change to this rule is

necessary.

V. 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 (OMB number 1611.02) may be obtained from Sandy

Farmer, Information Policy Branch (PM-223Y); U.S. Environmental

Protection Agency; 401 M Street, SW; 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 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 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. 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) of the

APA, as amended.

D. 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

rule 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: January 24, 1997.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble, title 40, chapter I, part

63, subpart N, 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 63.347 is amended by revising paragraph (e)(4) to read

as follows:

Sec. 63.347 Reporting requirements.

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(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 from January 25, 1997, to July 24, 1997.

* * * * *

[FR Doc. 97-2326 Filed 1-29-97; 8:45 am]

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