National Emission Standards for Hazardous Air Pollutants for Source Categories: Amendment for Hazardous Air Pollutants Emissions From Magnetic Tape Manufacturing Operations

SUMMARY: The EPA is proposing to amend National Emission Standards for

Hazardous Air Pollutants (NESHAP) From Magnetic Tape Manufacturing

Operations, codified as subpart EE to 40 CFR part 63. The existing

standards allow facility owners or operators to leave a limited number

of solvent storage tanks uncontrolled if they control coating

operations at a level greater than the standards otherwise require. EPA

is publishing this proposed amendment to provide another compliance

option for facility owners and operators. If facility owners or

operators increase the control of hazardous air pollutant (HAP)

emissions from coating operations beyond what the standards otherwise

require, this final amendment gives them the choice of leaving a

limited number of solvent storage tanks and/or a limited number of

pieces of mix preparation equipment uncontrolled. EPA believes this

proposed amendment will not decrease the stringency of the existing

standards.

We don't consider this amendment controversial and expect no

negative comments, so we're also publishing it as a direct final rule

in the Final Rules section of this Federal Register publication. We'll

consider any negative comments about today's direct final rule to also

be negative comments about this proposal. We'll take no further action

unless, within the time allowed (see DATES, below), we receive negative

comments about the proposal or final rule, or we receive a request for

a public hearing on the proposal. If we take no further action, the

amendment will become effective on the date in the DATES section of the

associated direct final rule.

DATES: Comments. The EPA will accept comments regarding the proposed

amendment on or before May 10, 1999. Additionally, a public hearing

regarding the proposed amendment will be held if anyone requesting to

speak at a public hearing contacts the EPA by April 19, 1999. If a

hearing is requested, the hearing will be held at the EPA Office of

Administration Auditorium, Research Triangle Park, NC. on April 30,

1999 beginning at 10:00 a.m.. For more information about submittal of

comments and requesting a public hearing, see the SUPPLEMENTARY

INFORMATION section in this preamble.

ADDRESSES: Comments. Interested parties having comments on this action

may submit these comments in writing (original and two copies, if

possible) to Docket No. A-91-31 at the following address: Air and

Radiation Docket and Information Center (6102), US Environmental

Protection Agency, 401 M Street, S.W., Room 1500, Washington, D.C.

20460. The EPA requests that a separate copy of the comments also be

sent to the contact person listed in the following paragraph of this

preamble.

FOR FURTHER INFORMATION CONTACT: Michele Aston, U.S. Environmental

Protection Agency, Policy, Planning, and Standards Group, Emission

Standards Division, Mail Drop 13, Research Triangle Park, NC 27711;

electronic mail address [email protected]; telephone number

(919) 541-2363; facsimile number (919) 541-0942.

SUPPLEMENTARY INFORMATION: Regulated entities. Entities potentially

regulated by this action include any facility that is engaged in the

surface coating of magnetic tape. This includes, but is not limited to,

the following magnetic tape products: audio and video recording tape,

computer tape, the magnetic stripes of media involved in credit cards

and toll tickets, bank transfer ribbons, instrumentation tape, and

dictation tape. Regulated categories and entities are shown in Table 1.

Table 1.--Regulated Categories and Entities

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

Entity category Description

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

Industrial................................ Any facility that is engaged

in the surface coating of

magnetic tape (SIC 3695 &

2675)

Federal Government: Not affected..........

State/Local/Tribal Government: Not

affected.

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

This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be regulated by this

action. This table lists the types of entities that the EPA is now

aware could potentially be regulated by this action. Other types of

entities not listed in the table could also be regulated.

Internet. The text of this Federal Register document is also

available on the EPA's web site on the Internet under recently signed

rules at the following address: http://www.epa.gov/ttn/oarpg/

rules.html. The EPA's Office of Air and Radiation (OAR) homepage on the

Internet also contains a wide range of information on the air toxics

program and many other air pollution programs and issues. The OAR's

homepage address is: http://www.epa.gov/oar/.

Electronic Access and Filing Addresses. The official record for

this rulemaking, as well as the public version, has been established

for this rulemaking under Docket No. A-91-31 (including comments and

data submitted electronically). A public version of this record,

including printed, paper versions of electronic comments, which does

not include any information claimed as confidential business

information (CBI), is available for inspection from 8 a.m. to 5:30

p.m., Monday through Friday, excluding legal holidays. The official

rulemaking record is located at the address listed in the ADDRESSES

section at the beginning of this preamble document.

Interested parties having comments on this action may submit these

comments electronically to the EPA's Air and Radiation Docket and

Information Center at: ``A-and-R-D[email protected].'' Electronic

comments must be submitted as an ASCII file avoiding the use of special

characters and any form of encryption. Comments and data will also be

accepted on disks in WordPerfect in 6.1 file format or ASCII file

format. All comments and data in electronic form must be identified by

the docket number (A-91-31). No CBI should be submitted through

electronic mail. Electronic comments may be filed online at many

Federal Depository Libraries.

Public Hearing. If EPA receives a request to make an oral

presentation at a hearing concerning this proposal by April 19, 1999,

the public hearing will be held at the EPA Office of Administration

Auditorium, Research Triangle Park, NC on April 30, 1999 beginning at

10 a.m. Persons interested in making an oral presentation or inquiring

as to whether a hearing is to be held should contact Michele Aston,

(see FOR FURTHER INFORMATION CONTACT section of this preamble

document.)

Docket. Docket A-91-31 contains the supporting information for the

original NESHAP and this action. This Federal Register document and

other materials related to this proposed rule are

[[Page 17466]]

available for review in the docket. The docket is available for public

inspection and copying at the EPA's docket office located at the above

address in Room M-1500, Waterside Mall (ground floor). The public is

encouraged to phone in advance to review docket materials. Appointments

can be scheduled by phoning the Air Docket Office at (202) 260-7548. A

reasonable fee may be charged for copying docket materials.

Outline. The information in this preamble is organized as follows:

I. Authority

II. Background

III. Proposed Amendment

IV. Administrative Requirements

A. Public Hearing

B. Executive Order 12866: ``Significant Regulatory Action

Determination'

C. Regulatory Flexibility

D. Paperwork Reduction Act

E. Unfunded Mandates Reform Act

F. Docket

G. Executive Order 12875: Enhancing the Intergovernmental

Partnership

H. Executive Order 13045: Protection of Children from

Environmental Health Risks and Safety Risks

I. Executive Order 13084: Consultation and Coordination with

Indian Tribal Governments

J. National Technology Transfer and Advancement Act

I. Authority

The statutory authority for this action is provided by sections

101, 112, 114, 116, and 301 of the Clean Air Act, as amended (42 U.S.C.

7401, 7412, 7414, 7416, and 7601).

II. Background

On December 15, 1994, we published in the Federal Register the

final rule containing national standards for reducing HAP in facilities

that manufacture magnetic tape (see 59 FR 64580). Since then, a

regulated facility has asked us to consider alternative compliance

options for a narrow aspect of the regulation.

This proposed amendment is very similar to the existing provision

at 40 CFR 63.703(c)(4) but adds an optional approach for compliance.

The new approach requires the same enhanced control efficiency for

coating operations as existing provisions. We expect this proposed

amendment to protect the environment as well as the rule issued in 1994

while offering the regulated community more flexibility for compliance.

III. Proposed Amendment

We're proposing to amend the emission standards for magnetic tape

manufacturing so facilities will have another compliance option if they

choose to control their coating operations to an overall HAP reduction

efficiency greater than 95%. Under the existing standards, facility

owners or operators may choose to control HAP emissions for all coating

operations by an overall efficiency of at least 97%, 98%, or 99%,

instead of controlling 10, 15, or 20 HAP solvent storage tanks,

respectively. This amendment would allow them to control their coating

operations to those higher efficiencies in exchange for leaving

uncontrolled a limited number of pieces of mix preparation equipment,

combined with a limited number of HAP solvent storage tanks.

For further information on this proposed amendment and our

rationale, see the associated direct final rule published in the Final

Rules section of today's Federal Register. We incorporate all such

information in this proposal by reference.

IV. Administrative Requirements

A. Public Hearing

A public hearing will be held, if requested, to provide opportunity

for interested persons to make verbal presentations regarding this

regulation in accordance with 42 U.S.C. 7004(b)(1); 40 CFR part 25.

Persons wishing to make a verbal presentation on this proposed rule

amendment must contact Michele Aston of the U.S. EPA, at the address

given in the ADDRESSES section of this document, no later than April

19, 1999. If a public hearing is held, written statements may be

submitted at the hearing, and EPA will also include in the record any

rebuttal or supplementary information submitted in written form within

30 days following the date of the hearing. Any written statements not

submitted at the hearing should be sent to EPA at the addresses given

in the ADDRESSES section of this document. If a public hearing is held,

a verbatim transcript of the hearing, and written statements provided

at or following the hearing will be available for inspection and

copying during normal business hours at the EPA address for docket

inspection given in the ADDRESSES section of this preamble.

B. Executive Order 12866: ``Significant Regulatory Action

Determination''

Under Executive Order 12866 (58 FR 51735, October 4, 1993) the

Agency must determine whether the regulatory action is ``significant''

and therefore subject to Office of Management and Budget (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 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 entitlement, grants,

user fees, or loan programs of 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.

Because the annualized cost of the proposed rule amendment would be

significantly less than $100 million and would not meet any of the

other criteria specified in the Executive Order, it has been determined

that this action is not a ``significant regulatory action'' under the

terms of Executive Order 12866, and is therefore not subject to OMB

review.

Executive Order 12866 also encourages agencies to provide a

meaningful public comment period, and suggests that in most cases the

comment period should be 60 days. However, in consideration of the very

limited scope of this amendment, the EPA considers 30 days to be

sufficient in providing a meaningful public comment period for this

regulatory action.

C. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

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

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. The EPA determined that this amendment to the Magnetic

Tape Manufacturing Operations does not have a significant impact on a

substantial number of small entities. EPA certifies that this action

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

small entities.

D. Paperwork Reduction Act

This amendment does not include or create any information

collection activities subject to the Paperwork Reduction Act, and

therefore no information collection request (ICR) will be submitted to

OMB for review in

[[Page 17467]]

compliance with the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.

E. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public

Law 104-4, establishes requirements for Federal agencies to assess the

effects of their regulatory actions on State, local, and tribal

governments and the private sector. Under section 202 of the UMRA, EPA

generally must prepare a written statement, including a cost-benefit

analysis, for proposed and final rules with ``Federal mandates'' that

may result in expenditures to State, local, and tribal governments, in

the aggregate, or to the private sector, of $100 million or more in any

one year. Before promulgating an EPA rule for which a written statement

is needed, section 205 of the UMRA generally requires EPA to identify

and consider a reasonable number of regulatory alternatives and adopt

the least costly, most cost-effective or least burdensome alternative

that achieves the objectives of the rule. The provisions of section 205

do not apply when they are inconsistent with applicable law. Moreover,

section 205 allows EPA to adopt an alternative other than the least

costly, most cost-effective or least burdensome alternative if the

Administrator publishes with the final rule an explanation of why that

alternative was not adopted. Before EPA establishes any regulatory

requirements that may significantly or uniquely affect small

governments, including tribal governments, it must have developed under

section 203 of the UMRA a small government agency plan. The plan must

provide for notifying potentially affected small governments, enabling

officials of affected small governments to have meaningful and timely

input in the development of EPA regulatory proposals with significant

Federal intergovernmental mandates, and informing, educating, and

advising small governments on compliance with the regulatory

requirements.

As noted above, this proposed amendment is of very narrow scope,

and provides a compliance alternative very similar to one already

available in the promulgated regulation. The EPA has determined that

this action contains no regulatory requirements that might

significantly or uniquely affect small governments. EPA has also

determined that this action does not contain a Federal mandate that may

result in expenditures of $100 million or more for State, local, and

tribal governments, in the aggregate, or the private sector in any one

year. Thus, today's action is not subject to the requirements of

sections 202 and 205 of the UMRA.

F. Docket

The docket is an organized and complete file of the administrative

record upon which any final rule is based. The docketing system is

intended to allow members of the public and industries involved to

readily identify and locate documents so that they can effectively

participate in the rulemaking process. All written comments on this

proposal submitted in a timely manner will be included in the docket.

Along with the proposed and promulgated standards and their preambles,

the contents of the docket, except for certain interagency documents,

will serve as the record for judicial review. (See CAA section

307(d)(7)(A).)

G. Executive Order 12875: Enhancing the Intergovernmental Partnership

Under Executive Order 12875, the EPA may not issue a regulation

that is not required by statute and that creates a mandate upon a

State, local or tribal government, unless the Federal government

provides the funds necessary to pay the direct compliance costs

incurred by those governments, or EPA consults with those governments.

If EPA complies by consulting, Executive Order 12875 requires EPA to

provide to the Office of Management and Budget a description of the

extent of the EPA's prior consultation with representatives of affected

State, local and tribal governments, the nature of their concerns,

copies of any written communications from the governments, and a

statement supporting the need to issue the regulation. In addition,

Executive Order 12875 requires the EPA to develop an effective process

permitting elected officials and other representatives of State, local

and tribal governments ``to provide meaningful and timely input in the

development of regulatory proposals containing significant unfunded

mandates.''

Today's action does not create a mandate on State, local or tribal

governments. The amendments to the rule do not impose any new or

additional enforceable duties on these entities. Accordingly, the

requirements of section 1(a) of Executive Order 12875 do not apply to

this action.

H. Executive Order 13045: Protection of Children From Environmental

Health Risks and Safety Risks

Executive Order 13045 applies to any rule that the EPA determines

(1) economically significant as defined under E.O. 12866, and (2) 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 effects 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.

This amendment to the National Emissions Standards for Magnetic

Tape Manufacturing Operations is not subject to E.O. 13045, entitled

Protection of Children from Environmental Health Risks and Safety Risks

(62 FR 19885, April 23, 1997), because it is not an economically

significant regulatory action as defined by E.O. 12866, and it does not

address an environmental health or safety risk that would have a

disproportionate effect on children.

I. Executive Order 13084: Consultation and Coordination With Indian

Tribal Governments

Under Executive Order 13084, the EPA may not issue a regulation

that is not required by statute, that significantly or uniquely affects

the communities of Indian tribal governments, and that imposes

substantial direct compliance costs on those communities, unless the

Federal government provides the funds necessary to pay the direct

compliance costs incurred by the tribal governments, or EPA consults

with those governments. If EPA complies by consulting, Executive Order

13084 requires EPA to provide to the Office of Management and Budget,

in a separate identified section of the preamble to the rule, a

description of the extent of the EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires the EPA to

develop an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's amendments do not significantly or uniquely affect the

communities of Indian tribal government. The amendments to the rule do

not impose any new or additional enforceable duties on these entities.

Accordingly, the requirements of section 3(b) of Executive Order 13084

do not apply to this action.

[[Page 17468]]

J. National Technology Transfer and Advancement Act

Under section 12(d) of the National Technology Transfer and

Advancement Act (NTTA), Public Law 104-113 (March 7, 1996), the EPA is

required to use voluntary consensus standards in its regulatory and

procurement activities unless to do so would be inconsistent with

applicable law or otherwise impractical. Voluntary consensus standards

are technical standards (e.g., materials specifications, test methods,

sampling procedures, business practices, etc.) which are adopted by

voluntary consensus standard bodies. Where available and potentially

applicable voluntary consensus standards are not used by the EPA, the

NTTA requires the Agency to provide Congress, through OMB, an

explanation of the reasons for not using such standards. This amendment

does not put forth any technical standards; therefore, consideration of

voluntary consensus standards was not required.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Coating operation,

Hazardous air pollutant, Magnetic tape manufacturing, Mix preparation

equipment, Storage tank.

Dated: April 1, 1999.

Carol M. Browner,

Administrator.

Chapter I, Part 63 of the Code of Federal Regulations are amended

as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

FOR SOURCE CATEGORIES

1. The authority citation for part 63 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart EE--National Emission Standards for Magnetic Tape

Manufacturing Operations

2. Section 63.703 is amended by revising paragraph (c)(4)(i), (ii)

and (iii) to read as follows:

Sec. 63.703 Standards.

* * * * *

(c) * * *

(4) In lieu of controlling HAP emissions from each solvent storage

tank and piece of mix preparation equipment to the level required by

paragraph (c)(1) of this section, an owner or operator of an affected

source may elect to comply with one of the options set forth in

paragraph (c)(4)(i), (ii), or (iii) of this section.

(i) Control HAP emissions from all coating operations by an overall

HAP control efficiency of at least 97 percent in lieu of either:

(A) Controlling up to 10 HAP solvent storage tanks that do not

exceed 20,000 gallons each in capacity; or

(B) Controlling 1 piece of mix preparation equipment that does not

exceed 1,200 gallons in capacity and up to 8 HAP solvent storage tanks

that do not exceed 20,000 gallons each in capacity; or

(C) Controlling up to 2 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 6 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(D) Controlling up to 3 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 4 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(E) Controlling up to 4 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 2 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(F) Controlling up to 5 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity.

(ii) Control HAP emissions from all coating operations by an

overall HAP control efficiency of at least 98 percent in lieu of

either:

(A) Controlling up to 15 HAP solvent storage tanks that do not

exceed 20,000 gallons each in capacity; or

(B) Controlling 1 piece of mix preparation equipment that does not

exceed 1,200 gallons in capacity and up to 13 HAP solvent storage tanks

that do not exceed 20,000 gallons each in capacity; or

(C) Controlling up to 2 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 11 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(D) Controlling up to 3 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 9 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(E) Controlling up to 4 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 7 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(F) Controlling up to 5 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 5 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(G) Controlling up to 6 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 3 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(H) Controlling up to 7 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 1 HAP solvent

storage tank that does not exceed 20,000 gallons in capacity.

(iii) Control HAP emissions from all coating operations by an

overall HAP control efficiency of at least 99 percent in lieu of

either:

(A) Controlling up to 20 HAP solvent storage tanks that do not

exceed 20,000 gallons each in capacity; or

(B) Controlling 1 piece of mix preparation equipment that does not

exceed 1,200 gallons in capacity and up to 18 HAP solvent storage tanks

that do not exceed 20,000 gallons each in capacity; or

(C) Controlling up to 2 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 16 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(D) Controlling up to 3 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 14 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(E) Controlling up to 4 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 12 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(F) Controlling up to 5 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 10 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(G) Controlling up to 6 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 8 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(H) Controlling up to 7 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 6 HAP solvent

storage tank that do not exceed 20,000 gallons each in capacity; or

(I) Controlling up to 8 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 4 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

[[Page 17469]]

(J) Controlling up to 9 pieces of mix preparation equipment that do

not exceed 1,200 gallons each in capacity and up to 2 HAP solvent

storage tanks that do not exceed 20,000 gallons each in capacity; or

(K) Controlling up to 10 pieces of mix preparation equipment that

do not exceed 1,200 gallons each in capacity.

* * * * *

[FR Doc. 99-8780 Filed 4-8-99; 8:45 am]

BILLING CODE 6560-50-P