[Federal Register: March 12, 2003 (Volume 68, Number 48)]
[Rules and Regulations]
[Page 11745-11747]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr03-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-7463-2]
National Emission Standards for Hazardous Air Pollutants: Rubber
Tire Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
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SUMMARY: This action corrects errors and clarifies regulatory text of
the ``National Emission Standards for Hazardous Air Pollutants: Rubber
Tire Manufacturing,'' which was issued as a final rule on July 9, 2002.
These technical corrections will not change the level of health
protection the final rule provides or the standards established by the
rule.
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's action final without prior
proposal and opportunity for comment because the changes to the rule
are minor technical corrections, are noncontroversial, and do not
substantively change the requirements of the rule. Thus, notice and
public procedure are unnecessary. We find that this constitutes good
cause under 5 U.S.C. 553(b)(B) (see also the final sentence of section
307(d)(1) of the Clean Air Act, 42 U.S.C. 7607(d)(1), indicating that
the good cause provisions of the APA continue to apply to this type of
rulemaking under the Clean Air Act).
Section 553(d)(3) allows an agency, upon a finding of good cause,
to make a rule effective immediately. Because today's changes do not
substantively change the requirements of the rule, we find good cause
to make these technical corrections effective immediately.
EFFECTIVE DATE: March 12, 2003.
FOR FURTHER INFORMATION CONTACT: Anthony P. Wayne, Policy Planning and
Standards Group, Emission Standards Division, C439-04, U.S. EPA,
Research Triangle Park, North Carolina, 27711, telephone number (919)
541-5439; Fax (919) 541-0942; Electronic mail address:
wayne.tony@epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and entities potentially regulated
by this action include:
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Category NAICS \a\ Regulated entities
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Industry............................ 326211 Rubber Tire
Manufacturing.
326212 Facilities.
314992
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\a\ North American Information Classification System.
This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.5981. If you
have questions regarding the applicability of this action to a
particular entity, consult your State or local agency (or EPA Regional
Office) described in the preceding FOR FURTHER INFORMATION CONTACT
section.
Docket. The EPA has established an official public docket for this
action under Docket ID No. OAR-2002-0089. The official public docket
consists of the documents that are available for public viewing in the
Rubber Tire Manufacturing NESHAP Docket at the EPA Docket Center (Air
Docket), EPA West, Room B-108, 1301 Constitution Avenue, NW.,
Washington, DC 20004. The Docket Center is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the reading room is (202) 566-1742. Although a part of the
official docket, the public docket does not include Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute.
Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is also available
through EPA's new electronic public docket, EPA Dockets. You may use
EPA Dockets at http://www.epa.gov/rpas/ to access the index listing of
EPA Dockets at http://www.epa.gov/rpas/ to access the index listing of
the contents of the official public docket for this action, as well as
access those documents in the public docket that are available
electronically. Once in the system, select ``search,'' then key in the
docket identification number that EPA has established for this action.
Certain types of information will not be placed in the EPA Docket.
Information claimed as CBI, and other information whose disclosure is
restricted by statute which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket either. The EPA's policy is that copyrighted material
will not be placed in EPA's electronic public docket but will be
available only in printed, paper form in the official public docket. To
the extent feasible, publicly available supporting materials for this
action will be made available in EPA's electronic public docket. When a
document is selected from the index list in the EPA Docket, the system
will identify whether the document is available for viewing in EPA's
electronic public docket. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the Docket Center identified in this
notice. The EPA intends to work toward providing electronic access to
all of the publicly available docket materials through EPA's electronic
public docket.
[[Page 11746]]
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the final rule correction notice will also be
available on the WWW through the Technology Transfer Network (TTN).
Following signature, a copy of the final rule correction notice will be
posted on the TTN's policy and guidance page for newly proposed or
promulgated rules http://www.epa.gov/ttn/oarpg. The TTN provides
promulgated rules http://www.epa.gov/ttn/oarpg. The TTN provides
information and technology exchange in various areas of air pollution
control. If more information regarding the TTN is needed, call the TTN
HELP line at (919) 541-5384.
I. Correction
On July 9, 2002 (67 FR 45588), the EPA promulgated the national
emission standards for hazardous air pollutants (NESHAP) for rubber
tire manufacturing as subpart XXXX in 40 CFR part 63. Today's action
contains notification of typographical errors and corrections to
clarify wording changes. The corrections will become effective
immediately (without further rulemaking action) on March 12, 2003.
Table 17 to subpart XXXX contains two citations that indicate the
applicability of the general provisions of 40 CFR part 63, subpart
XXXX. Specifically, Sec. Sec. 63.9(f), (g) and 63.10(b)(2)(i)-(iv) are
referenced. The applicability of these provisions to subpart XXXX were
indicated in the wrong columns of the table. Sections 63.9(f) and (g)
are not applicable to subpart XXXX. Section 63.10(b)(2)(i)-(iv) is
applicable to subpart XXXX when a control device is employed to meet
the emission standards of subpart XXXX. Section 63.10(b)(2)(i)-(iv) is
not applicable when a control device is not employed to comply with the
emission standards of subpart XXXX. Today's action notifies interested
parties of the corrections.
Several editorial changes are being made to clarify the intent of
the provisions. Terminology in Sec. 63.5994(c)(4), Equation 4, is
being revised to clarify and correct the definition of the term
HAPk. The term HAPk refers to the mass percent,
expressed as a decimal, of all hazardous air pollutants (HAP) in cement
and solvent. The term incorrectly stated ``of the specified HAP.'' The
revision to the term definition will correct the inconsistency in
Equation 4.
The definition of cements and solvents, Sec. 63.6015, is being
revised to clarify a specific item in the list of cements and solvents
subject to the Rubber Tire Manufacturing final rule. The list of
cements and solvents includes materials used to clean process
equipment. The word ``clean'' was inadvertently left out of the final
rule. The revision to include the word ``clean'' clarifies the intended
meaning of the applicable cements and solvents.
II. Statutory and Executive Order Reviews
Under Executive Order 12866, Regulatory Planning and Review (58 FR
51735, October 4, 1993), this action is not a ``significant regulatory
action'' and is therefore not subject to review by the Office of
Management and Budget (OMB). This action is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
The technical correction does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Because EPA has made a ``good cause'' finding that this action is
not subject to notice and comment requirements under the APA or any
other statute, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or
to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4). In addition, this action does not significantly or
uniquely affect small governments or impose a significant
intergovernmental mandate, as described in sections 203 and 204 of the
UMRA.
The technical correction does not have substantial direct effects
on the States, or on the relationship between the national government
and the States, as specified in Executive Order 13132, Federalism (64
FR 43255, August 10, 1999).
Today's action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175, Consultation and Coordination with Indian Tribal Governments (65
FR 67249, November 6, 2000).
The technical correction also is not subject to Executive Order
13045, Protection of Children from Environmental Health and Safety
Risks (62 FR 19885, April 23, 1997) because it is not economically
significant.
The technical correction is not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
The technical correction action does not involve changes to the
technical standards related to test methods or monitoring methods;
thus, the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272) does not apply.
The technical correction also does not involve special
consideration of environmental justice-related issues as required by
Executive Order 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994).The EPA has complied with Executive Order 12630,
Governmental Actions and Interference With Constitutionally Protected
Property Rights (Takings) (53 FR 8859, March 15, 1988) by examining the
takings implications of this rule correction in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order.
In issuing the technical correction, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct, as
required by section 3 of Executive Order 12988, Civil Justice Reform
(61 FR 4729, February 7, 1996).
The Congressional Review Act (CRA)(5 U.S.C. 801 et seq.), as added
by the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement (5 U.S.C. 808(2)).
As stated previously, EPA has made such a good cause finding, including
the reasons therefore, and established an effective date of March 12,
2003. The EPA will submit 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 United States prior
to publication of the rule in the Federal Register.
The EPA's compliance with these statutes and Executive Orders for
the underlying rule is discussed in the July 9, 2002, Federal Register
notice containing the Rubber Tire Manufacturing final rule (67 FR
45588).
[[Page 11747]]
List of Subjects for 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: March 3, 2003.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
For the reasons set out in the preamble, title 40, chapter I, part
63, subpart XXXX 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 XXXX--[Amended]
2. Section 63.5994(c)(4) is amended by revising the term
HAPk to read as follows:
Sec. 63.5994 How do I conduct tests and procedures for tire
production affected sources?
* * * * *
(c) * * *
(4) * * *
HAPk = mass percent, expressed as a decimal, of all HAP in
cement and solvent k, as purchased, for cements and solvents used in
the month in processes that are routed to a control device during non-
control operating days, which are defined as days when either the
control system is not operating within the operating range established
during the performance test or when monitoring data are not collected.
* * * * *
3. Section 63.6015 is amended by revising the definition of Cements
and solvents to read as follows:
Sec. 63.6015 What definitions apply to this subpart?
* * * * *
Cements and solvents means the collection of all organic chemicals,
mixtures of chemicals, and compounds used in the production of rubber
tires, including cements, solvents, and mixtures used as process aids.
Cements and solvents include, but are not limited to, tread end
cements, undertread cements, bead cements, tire building cements and
solvents, green tire spray, blemish repair paints, side wall protective
paints, marking inks, materials used to clean process equipment, and
slab dip mixtures. Cements and solvents do not include coatings or
process aids used in tire cord production, puncture sealant
application, rubber processing, or materials used to construct, repair,
or maintain process equipment, or chemicals and compounds that are not
used in the tire production process such as materials used in routine
janitorial or facility grounds maintenance, office supplies (e.g., dry-
erase markers, correction fluid), architectural paint, or any substance
to the extent it is used for personal, family, or household purposes,
or is present in the same form and concentration as a product packaged
for distribution to and use by the general public.
* * * * *
[FR Doc. 03-5713 Filed 3-11-03; 8:45 am]
BILLING CODE 6560-50-P