[Federal Register: February 7, 2005 (Volume 70, Number 24)]
[Rules and Regulations]
[Page 6355-6361]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe05-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2003-0194; FRL-7869-7]
RIN 2060-AL89
National Emission Standards for Hazardous Air Pollutants for
Leather Finishing Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; amendments.
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SUMMARY: The EPA is taking direct final action on amendments to the
national emission standards for hazardous air pollutants (NESHAP) for
leather finishing operations, which were issued on February 27, 2002,
under section 112 of the Clean Air Act (CAA). The direct final
amendments clarify the frequency for categorizing leather product
process types, modify the definition of ``specialty leather,'' add a
definition for ``vacuum mulling,'' and add an alternative procedure for
determining the actual monthly solvent loss from an affected source. We
are issuing the amendments as a direct final rule, without prior
proposal, because we view the revisions as noncontroversial and
anticipate no significant adverse comments. However, in the Proposed
Rules section of this Federal Register, we are publishing a separate
document that will serve as the proposal to amend the national emission
standards for leather finishing operations if significant adverse
comments are filed.
DATES: The direct final rule is effective on February 28, 2005 without
further notice, unless EPA receives adverse written comment by February
17, 2005 or by February 22, 2005 if a public hearing is requested. If
significant adverse comments are received, EPA will publish a timely
withdrawal in the Federal Register indicating which provisions will
become effective, and which provisions are being withdrawn due to
adverse comment.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2003-
0194, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: air-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: EPA Docket Center, EPA, Mailcode: 6102T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a
duplicate copy, if possible.
Hand Delivery: Air and Radiation Docket, EPA, 1301
Constitution Avenue, NW., Room B-108, Washington, DC 20460. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
We request that a separate copy also be sent to the contact person
listed below (see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. OAR-2003-0194.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.epa.gov/edocket
, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov websites are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102).
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hardcopy
at the Air and Radiation Docket, EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.
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FOR FURTHER INFORMATION CONTACT: Mr. William Schrock, Organic Chemicals
Group, Emission Standards Division (C504-04), Office of Air Quality
Planning and Standards, U.S. EPA, Research Triangle Park, North
Carolina 27711; telephone number (919) 541-5032; facsimile number (919)
541-3470; electronic mail (e-mail) address: schrock.bill@epa.gov.
SUPPLEMENTARY INFORMATION: Since these rule amendments do not add
substantive requirements and ease certain compliance obligations, EPA
finds that there is good cause to make the rule amendments immediately
effective upon the close of the comment period, within the meaning of 5
U.S.C. section 553(d).
Regulated Entities. Categories and entities potentially regulated
by this action include:
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Category NAICS * code Examples of regulated entities
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Industry................................... 3161 Leather finishing operations.
31611 Leather finishing operations.
316110 Leather finishing operations.
Federal government......................... .............. Not affected.
State/local/tribal government.............. .............. Not affected.
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\*\ North American Industrial Classification System.
This table 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 carefully examine the applicability criteria in 40 CFR
63.5285. If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's document will also be available on the
WWW through EPA's Technology Transfer Network (TTN). Following
signature by the EPA Administrator, a copy of the direct final rule
amendments will be posted on the TTN's policy and guidance page for
newly proposed or promulgated rules at 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.
Comments. We are publishing the direct final rule amendments
without prior proposal because we view the amendments as
noncontroversial and do not anticipate significant adverse comments.
However, in the Proposed Rules section of this Federal Register notice,
we are publishing a separate document that will serve as the proposal
to amend the national emission standards for leather finishing
operations if significant adverse comments are filed. If we receive any
significant adverse comments on one or more distinct amendments, we
will publish a timely withdrawal in the Federal Register informing the
public which provisions will become effective, and which provisions are
being withdrawn due to adverse comment. We will address all public
comments in a subsequent final rule, should the Agency determine to
issue one. Any of the distinct amendments in today's direct final rule
for which we do not receive significant adverse comment will become
effective on the previously mentioned date. We will not institute a
second comment period on the direct final rule amendments. Any parties
interested in commenting must do so at this time.
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of the direct final rule amendments is available only by filing
a petition for review in the U.S. Court of Appeals for the District of
Columbia Circuit by February 28, 2005. Under section 307(d)(7)(B) of
the CAA, only an objection to the direct final rule amendments which
was raised with reasonable specificity during the period for public
comment can be raised during judicial review. Moreover, under section
307(b)(2) of the CAA, the requirements established by the direct final
rule amendments may not be challenged separately in any civil or
criminal proceedings brought by EPA to enforce these requirements.
Outline. The following outline is provided to aid in reading the
preamble to the direct final rule amendments.
I. Background
A. Frequency of Testing for Product Process Type Categorization
B. Revised Specialty Leather Definition
C. Alternative Procedure for Determining Actual Solvent Loss
II. Amendments to 40 CFR Part 63, Subpart TTTT
III. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.
D. Unfunded Mandates Reform Act
E. Executive Order 13132, Federalism
F. Executive Order 13175, Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045, Protection of Children from
Environmental Health Risks and Safety Risks
H. Executive Order 13211, Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution or Use
I. National Technology Transfer and Advancement Act of 1995
J. Congressional Review Act
I. Background
The EPA promulgated NESHAP for leather finishing operations on
February 27, 2002 (67 FR 9156). The final rule (40 CFR part 63, subpart
TTTT) includes standards for hazardous air pollutants (HAP), as well as
monitoring, performance testing, recordkeeping, and reporting
requirements related to those standards. Today's action includes direct
final rule amendments to clarify the frequency for categorizing leather
product process types, modify the definition of ``specialty leather,''
add a definition for ``vacuum mulling,'' and add an alternative
procedure for determining the actual monthly solvent loss from an
affected source.
A. Frequency of Testing for Product Process Type Categorization
We noticed that the promulgated standards were silent regarding how
often an affected source will perform appropriate testing to properly
categorize each finish application in one of four leather product
process operations: (1) Upholstery operations with less than four grams
of finish add-ons, (2) upholstery operations with four grams or more of
finish add-ons, (3) water-resistant/specialty, and (4) nonwater-
resistant. In the final rule, to determine whether a leather finish
application is categorized as ``water-resistant'' or ``nonwater-
resistant,'' you must use the Maeser Flexes test method on finished
leather samples according to
[[Page 6357]]
American Society for Testing and Materials (ASTM) Designation D2099-00,
or use an alternative testing method approved by the Administrator (40
CFR 63.5345-63.5350). We are amending the final rule to clarify that
once you have determined that a unique finish application corresponds
to one of the four product process operations, the applied finish
categorization can remain valid for up to 5 years, provided there are
no changes in the applied finish chemical characteristics. However, if
the chemical characteristics of the applied finish change, or if you
operate for 5 years with an unchanged applied finish formula, you must
re-categorize the applied finish using appropriate testing procedures
to document the leather product process operation to which the applied
finish will correspond. Thus, once a leather finish application has
been categorized through proper documentation, you will need to renew
the categorization every 5 years or when the applied finish chemical
characteristics change, whichever occurs sooner.
B. Revised Specialty Leather Definition
The definition of specialty leather in the final rule states that
it is a select grade of chrome tanned, bark retanned, or fat liquored
leather that is retanned through the application of greases, waxes, and
oils in quantities greater than 25 percent of the dry leather weight.
The specialty leather definition was added to the final rule after
commenters to the proposed rule noted that leather that has been
retanned with greater than 25 percent greases, fats, and oils requires
finishing with coatings that contain more solvents and, therefore, more
HAP to achieve proper adhesion of the finish to the leather and produce
the color and textures the market demands.
While the definition in the final rule appeared to cover all the
specialty leather produced at the time, one leather finishing company
(Horween Leather Company) raised the issue that they finish leather
that should meet the definition of ``specialty'' based on the amount of
solvent they are required to use in the coatings. These products,
however, did not meet the definition of specialty leather in the final
rule. In fact, in order to produce some high-quality dress or
performance shoe leathers, higher solvent-based finishes are required
to provide the rich color, luster, or an oily/tacky feel demanded by
the market. These leathers are produced by retanning with oils, fat,
and greases of less than 25 percent which does not qualify them for the
specialty leather category.
In a letter sent via a facsimile on December 3, 2002, Horween
Leather provided EPA with technical information relating to the solvent
content of the coatings required for their proposed specialty leather
products and the oil, fat, and grease content of the retanned leather.
This information clearly showed that higher solvent coatings were
required to achieve satisfactory product qualities down to some oil,
fat, and grease content of approximately 12 percent. EPA discussed this
information with representatives of Horween, as well as with coatings
experts for the leather industry, to determine whether alternatives for
the higher solvent coatings could be used with lower oil, fat, and
grease content leather and achieve the same results. After considering
these discussions and reviewing the data, EPA determined that the only
means of producing this leather with the lower fat, oil, and grease
content and achieving the same results is by revising the specialty
leather definition.
The revised specialty leather definition in the direct final rule
amendments lowers the minimum percentage of applied grease, waxes, and
oil used for retanning the leather to greater than 12 percent of the
dry leather weight. This revision enables leather finishers to use the
higher solvent coatings required to achieve the desired results since
no other options exist. The Agency estimates that this change in
definition will only affect one or two facilities that produce this
specialty leather and will enable them to meet market demand for
products with a lower fat, oil, and grease content. The fraction of
leather produced at these facilities that will be affected by this
change is estimated to be approximately 3 percent of their total amount
of leather finished in a year. This change will therefore have the
effect of moving this quantity of leather from the non-water resistant
leather category with an emission limit of 3.7 pounds of HAP loss per
1,000 square feet of leather finished to the water resistant/specialty
leather category with an emission limit of 5.6 pounds of HAP loss per
1,000 square feet of leather finished.
In addition to lowering the percentage of oil, fat, and grease, we
are revising the specialty leather definition to also include high-
quality dress or performance shoe leather that can withstand one or
both of the following visual tests: Moisture injection into the leather
using vacuum mulling without signs of blistering, or prolonged ironing
at 200 [deg]F for smoothing out surface roughness without finish lift
off. As noted above, one of the reasons for using higher solvent
coatings was to achieve a higher level of adhesion. Vacuum mulling and
prolonged ironing are used as an indicator of coating adhesion to the
leather substrate and are, therefore, being incorporated into the
definition. Incorporating these criteria into a revised specialty
leather definition allows for these mostly low-production quantities of
high-quality dress or performance shoe leathers to be appropriately
categorized as ``specialty leather'' products.
C. Alternative Procedure for Determining Actual Solvent Loss
After promulgation of the final rule, we received several comment
letters on behalf of the trade organization, Leather Industries of
America (LIA), and two leather finishing companies (Prime Tanning
Company and S.B. Foot Tanning Company). The primary issue centered on
the potential recordkeeping burden of a finish inventory log to
determine the actual monthly solvent loss from an affected source. As
stated in the final rule, each source must record the pounds of each
type of finish applied for each leather product process operation and
the mass fraction of HAP in each applied finish. The basis for this
type of recordkeeping was that each source knew the chemical
composition of each applied finish and was capable of measuring the
amount of finish as applied to each leather product; thus, a ``measure-
as-you-directly-apply'' approach appears generally reasonable.
Two leather finishing companies indicated that current company
practices determine actual monthly solvent loss through mass balance
calculations based on a detailed inventory of stored chemicals, at the
beginning- and end-of-each month, and business purchasing records to
indicate additions to the inventory of chemical supplies. Thus, the net
loss of finishing solvents is determined by subtracting the end-of-the
month chemical inventory from the beginning-of-the-month chemical
inventory and adding the quantities of all chemicals purchased during
the same 1-month period. Typically, a unique finish application is
prepared by removing known quantities of chemicals from a storage
location, and the unique finish is formulated in a separate location,
commonly referred to as a mixing room. In situations when an excess
amount of finish is formulated, the companies indicated that the excess
amount is generally accounted for in the mass balance procedures as
consumed by the process (i.e., fugitive solvent loss). This assumption
is often taken as a
[[Page 6358]]
simplifying step which results in a conservative and slightly
overestimated measure of the solvent loss. Excess finish may eventually
be used in other finish applications; thus, its use and consumption by
the process may not be immediate. Nonetheless, the excess amount is
immediately accounted for as a solvent loss.
In other situations, the companies indicated they may choose to
dispose of the excess finish and make an appropriate adjustment in
their corresponding mass balance calculations. If the disposed
quantities of finish are small, the companies may choose to record the
disposed quantity in the mass balance as consumed by the process (i.e.,
fugitive solvent loss). Again, this assumption is a simplifying step
which results in a conservative and slightly overestimated measure of
the solvent loss. However, the companies may choose to record the
quantity as disposed and remove the quantity from the mass balance, so
it is neither listed as released to the air nor is the quantity of
solvent listed as remaining in the inventory.
The two companies indicated it would cause an extreme labor and
cost burden to change and implement a ``measure-as-you-directly-apply''
approach. Furthermore, they stated that their current ``mass balance''
approach is just as accurate in determining actual monthly solvent
losses as the ``measure-as-you-directly-apply'' approach. Both of these
leather finishing companies provided sufficient supporting
documentation that their current solvent measurement procedures are
capable of accurately determining the quantity of solvent finishes used
each month and determining the mass fraction of HAP in the consumed
solvent finishes.
Therefore, in today's action, we are allowing a monthly chemical
inventory mass balance as an alternative procedure in 40 CFR 63.5335(b)
for determining actual monthly HAP loss from an affected source. A
monthly chemical inventory mass balance is appropriate, as long as the
source follows its detailed mass balance procedures and calculations in
its plan for demonstrating compliance, in accordance with 40 CFR
63.5325. Regardless of which approach is used to determine finish loss,
each source is still required to maintain a written or printed log that
documents the total quantity of solvents/finishes used each month in
the process and the mass fraction of HAP in each solvent/finish.
II. Amendments to 40 CFR Part 63, Subpart TTTT
Today's action includes amendments that add an alternative
procedure for determining the actual monthly solvent loss from an
affected source, clarify the frequency in which leather product process
types must be categorized, modify the definition of ``specialty
leather,'' and add a definition for ``vacuum mulling.''
Section 63.5335 of 40 CFR part 63 is amended by adding a new
alternative requirement for maintaining a finish application log based
on a detailed chemical inventory mass balance. This was accomplished by
splitting paragraph (b) into two subparagraphs to list the two
acceptable methodologies for determining actual monthly solvent loss
from an affected source. The revised paragraph (b)(1) includes the
previous requirements for maintaining a log of finish types as they are
applied to a leather product process. Previously, these requirements
were listed in paragraphs (b)(1) through (7) of Sec. 63.5335. However,
the requirements have been redesignated, without any further changes,
as paragraphs (b)(1)(i) through (vii). Paragraph (b)(2) of Sec.
63.5335 includes the new alternative requirements for maintaining a
finish application log based on a detailed chemical inventory mass
balance.
Section 63.5345 is amended by adding paragraph (d) to clarify the
frequency for the two types of upholstery product process operations
which must be categorized.
Section 63.5350 is amended by clarifying the frequency for water-
resistant and nonwater-resistant product process operations which must
be categorized, incorporating the revised definition of specialty
leather, and by providing alternative visual test criteria to support
the categorization of high-quality dress or performance shoe leather as
specialty leather. We have also clarified the frequency for
categorizing specialty leather product process operations.
Section 63.5460 is amended by revising the definition for the term
specialty leather and adding a definition for the term vacuum mulling.
III. Statutory and Executive Order Review
A. Executive Order 12866, Regulatory Planning and Review
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 Executive 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.
It has been determined that the direct final rule amendments are
not a ``significant regulatory action'' under the terms of Executive
Order 12866 and are, therefore, not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This action modifies a definition and adds a new definition to the
final standards. It also adds an alternative option for determining HAP
loss from the process. Since this action only clarifies the existing
standards and adds an option, this action will not increase the
information collection burden. The OMB has previously approved the
information collection requirements contained in the existing
regulations under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., and has assigned OMB control number 2060-0478 (EPA
ICR No. 1985.02).
Copies of the Information Collection Request (ICR) document(s) may
be obtained from Susan Auby, by mail at the Office of Environmental
Information, Collection Strategies Division; U.S. EPA (2822T); 1200
Pennsylvania Ave., NW., Washington, DC 20460, by email at
auby.susan@epa.gov, or by calling (202) 566-1672. A copy may also be
downloaded off the Internet at http://www.epa.gov/icr. Include the ICR
number in any correspondence.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of
[[Page 6359]]
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
C. Regulatory Flexibility Act
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with the direct final
rule amendments.
For purposes of assessing the impact of today's direct final rule
amendments on small entities, small entities are defined as: (1) A
small business that has fewer than 750 employees; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of today's direct final rule
amendments on small entities, the EPA has concluded that this action
will not have a significant impact on a substantial number of small
entities. The direct final rule amendments will not impose any new
requirements on small entities.
D. 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, the
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 by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any 1 year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the 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 the 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 why that alternative was
not adopted. Before the 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 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.
The EPA has determined that the direct final rule amendments do 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 1 year. The direct final rule
amendments apply only to affected sources in the leather finishing
industry and clarify the frequency for categorizing leather product
process types, modify the definition of ``specialty leather,'' add a
definition for ``vacuum mulling,'' and add an alternative procedure for
determining the actual monthly solvent loss from an affected source
and, therefore, impose no additional burden on sources. Therefore, the
direct final rule amendments are not subject to the requirements of
sections 202 and 205 of the UMRA.
E. Executive Order 13132, Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' are defined in the Executive Order to include
regulations that has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
The direct final rule amendments do not have federalism
implications. They will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
The direct final rule amendments apply only to affected sources in the
leather finishing industry and clarify the frequency for categorizing
leather product process types, modify the definition of ``specialty
leather,'' add a definition for ``vacuum mulling,'' and add an
alternative procedure for determining the actual monthly solvent loss
from an affected source and, therefore, impose no additional burden on
sources. Thus, Executive Order 13132 does not apply to the direct final
rule amendments.
In the spirit of Executive Order 13132 and consistent with EPA
policy to promote communications between the EPA, State and local
governments, the EPA specifically solicits comment on the direct final
rule amendments from State and local officials.
F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' The direct final rule amendments do
not have tribal implications, as specified in Executive Order 13175.
The direct final rule amendments apply only to affected sources in the
leather finishing industry and clarify the frequency for categorizing
leather product process types, modify the definition of ``specialty
leather,'' add a definition for ``vacuum mulling,'' and add an
alternative procedure for determining the actual monthly solvent loss
from an affected source and, therefore, impose no additional burden on
sources. Thus, Executive Order 13175 does not apply to the direct final
rule amendments.
The EPA specifically solicits additional comment on the direct
final rule amendments from tribal officials.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866 and (2) concerns and
[[Page 6360]]
environmental health or safety risk that the EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the EPA 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 EPA.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. Today's direct final rule
amendments are not subject to Executive Order 13045 because they are
based on technology performance, not health or safety risks.
Furthermore, the direct final rule amendments have been determined not
to be ``economically significant'' as defined under Executive Order
12866.
H. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
The direct final rule amendments are not subject to Executive Order
13211 (66 FR 28355, May 22, 2001) because they are not a significant
regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note), directs the EPA to use voluntary consensus standards in its
regulatory 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, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs the
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
No new standard requirements are cited in the direct final rule
amendments. Therefore, the EPA is not proposing or adopting any
voluntary consensus standards in the direct final rule amendments.
J. Congressional Review Act
The Congressional Review Act, 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. The EPA will submit a report containing the direct final
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 direct final rule in the Federal Register.
The direct final rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: February 1, 2005.
Stephen L. Johnson,
Acting Administrator.
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For the reasons stated in the preamble, title 40, chapter I, part 63 of
the Code of the Federal Regulations is amended as follows:
PART 63--[AMENDED]
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1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart TTTT--[AMENDED]
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2. Section 63.5335(b) is revised to read as follows:
Sec. 63.5335 How do I determine the actual HAP loss?
* * * * *
(b) Use one of the procedures listed in either paragraph (b)(1) or
(b)(2) of this section for determining the actual HAP loss from your
affected sources. Regardless of which procedure is used to determine
HAP loss, each source is still required to maintain a written or
printed log that documents the total quantity of solvents/finishes used
each month in the process and the mass fraction of HAP in each solvent/
finish.
(1) Measure Finish as Applied. Use a finish inventory log to record
the pounds of each type of finish applied for each leather product
process operation and the mass fraction of HAP in each applied finish.
Figure 1 of this subpart shows an example log for recording the minimum
information necessary to determine your finish usage and HAP loss. The
finish inventory log must contain, at a minimum, the information for
each type of finish applied listed in paragraphs (b)(1)(i) through
(vii) of this section:
(i) Finish type;
(ii) Pounds (or density and volume) of each finish applied to the
leather;
(iii) Mass fraction of HAP in each applied finish;
(iv) Date of the recorded entry;
(v) Time of the recorded entry;
(vi) Name of the person recording the entry;
(vii) Product process operation type.
(2) Chemical Inventory Mass Balance. Determine the actual monthly
HAP loss from your affected source through mass balance calculations.
You must follow your detailed mass balance procedures and calculations
in your plan for demonstrating compliance in accordance with Sec.
63.5325. The HAP mass balance must be based on a detailed inventory of
stored chemicals at the beginning and end of each month, and business
purchasing records to indicate additions to the inventory of chemical
supplies. The net loss of chemicals used for finish applications is
determined by subtracting the end of the month chemical inventory from
the beginning of the month chemical inventory and adding the quantities
of all chemicals purchased during the same 1-month period. In
situations when an excess amount of finish is formulated, you must have
documented procedures on how the excess amount is accounted for in the
mass balance.
* * * * *
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3. Section 63.5345 is amended by adding paragraph (d) to read as
follows:
Sec. 63.5345 How do I distinguish between the two upholstery product
process operations?
* * * * *
(d) For each leather product with a unique finish application, you
must maintain records to support how the leather product was
categorized to a product process operations type. You must repeat the
leather product categorization to a product process operation type no
less frequently than once every 5 years if the applied finish chemical
characteristics of the leather product have not changed, or when the
applied finish chemical characteristics of the leather product change,
whichever is sooner.
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4. Section 63.5350 is amended as follows:
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a. adding paragraph (b)(3),
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b. revising paragraphs (c) introductory text and (c)(2), and
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c. adding paragraphs (c)(3) and (c)(4).
[[Page 6361]]
Sec. 63.5350 How do I distinguish between the water-resistant/
specialty and nonwater-resistant leather product process operations?
* * * * *
(b) * * *
(3) For each leather product with a unique finish application, you
must maintain records to support how the leather product was
categorized to a product process operations type. You must repeat the
leather product categorization to a product process operation type no
less frequently than once every 5 years if the applied finish chemical
characteristics of the leather product have not changed, or when the
applied finish chemical characteristics of the leather product do
change, whichever is sooner.
(c) To determine whether your product process operation produces
specialty leather, you must meet the criteria in paragraphs (c)(1) and
(2), or (c)(3) of this section:
* * * * *
(2) The leather must be retanned through the application of grease,
waxes, and oil in quantities greater than 12 percent of the dry leather
weight. Specialty leather is also finished with higher solvent-based
finishes that provide rich color, luster, or an oily/tacky feel.
Specialty leather products may include, but are not limited to,
specialty shoe leather and top grade football leathers.
(3) The leather must be a high-quality dress or performance shoe
leather that can withstand one of the visual tests in paragraph
(c)(3)(i) or (ii) of this section:
(i) Moisture injection into the leather using vacuum mulling
without signs of blistering.
(ii) Prolonged ironing at 200[deg] F for smoothing out surface
roughness without finish lift off.
(4) For each leather product with a unique finish application, you
must maintain records to support how the leather product was
categorized to a product process operations type. You must repeat the
leather product categorization to a product process operation type no
less frequently than once every 5 years if the applied finish chemical
characteristics of the leather product have not changed, or when the
applied finish chemical characteristics of the leather product do
change, whichever is sooner.
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5. Section 63.5460 is amended by revising the definition for the term
``Specialty leather'', and adding, in alphabetical order, a definition
for the term ``Vacuum mulling'' to read as follows:
Sec. 63.5460 What definitions apply to this subpart?
* * * * *
Specialty leather means a select grade of chrome tanned, bark
retanned, or fat liquored leather that is retanned through the
application of grease, waxes, and oil in quantities greater than 12
percent of the dry leather weight or high-quality dress or performance
shoe leather that can withstand one or more of the following visual
tests: moisture injection into the leather using vacuum mulling without
signs of blistering, or prolonged ironing at 200[deg] F for smoothing
out surface roughness without finish lift off. Specialty leather is
also finished with higher solvent-based finishes that provide rich
color, luster, or an oily/tacky feel. Specialty leather products are
generally low volume, high-quality leather, such as specialty shoe
leather and top grade football leathers.
* * * * *
Vacuum mulling means the injection of water into the leather
substrate using a vacuum process to increase the moisture content of
the leather.
* * * * *
[FR Doc. 05-2303 Filed 2-4-05; 8:45 am]
BILLING CODE 6560-50-P