
[Federal Register: March 26, 2008 (Volume 73, Number 59)]
[Rules and Regulations]               
[Page 15923-15930]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr08-23]                         


[[Page 15923]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0897; FRL-8547-1]
RIN 2060-AN44

 
Amendments to National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production, 
Carbon Black Production, Chemical Manufacturing: Chromium Compounds, 
Flexible Polyurethane Foam Production and Fabrication, Lead Acid 
Battery Manufacturing, and Wood Preserving

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is publishing technical corrections through this direct 
final action to amend the national emission standards for acrylic and 
modacrylic fibers production, carbon black production, chemical 
manufacturing: chromium compounds, flexible polyurethane foam 
production and fabrication, lead acid battery manufacturing, and wood 
preserving area sources published on July 16, 2007. The amendments 
clarify certain provisions in two of the final area source rules 
(flexible polyurethane foam production and fabrication and lead acid 
battery manufacturing) and correct editorial and publication errors in 
all of the final rules.

DATES: This rule is effective on June 24, 2008 without further notice, 
unless EPA receives adverse comment by April 25, 2008. If EPA receives 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that this rule, or the relevant 
amendments in this rule, will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0897 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-Docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production, 
Carbon Black Production, Chemical Manufacturing: Chromium Compounds, 
Flexible Polyurethane Foam Production and Fabrication, Lead Acid 
Battery Manufacturing, and Wood Preserving Docket, Environmental 
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Please include a total of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West, Room 3334, 1301 Constitution Ave., NW., 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.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0897. 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.regulations.gov, 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 http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, 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 http://www.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.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the 
National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Acrylic and Modacrylic Fibers Production, Carbon Black 
Production, Chemical Manufacturing: Chromium Compounds, Flexible 
Polyurethane Foam Production and Fabrication, Lead Acid Battery 
Manufacturing, and Wood Preserving Docket, EPA Docket Center, Public 
Reading Room, EPA West, Room 3334, 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.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, Sector Policies and 
Programs Division, Office of Air Quality Planning and Standards (D243-
02), Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, telephone number: (919) 541-2825; fax number: (919) 
541-3207; e-mail address: nizich.sharon@epa.gov.

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:

I. Why is EPA using a direct final rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. What should I consider as I prepare my comments to EPA?
V. What are the changes to the area source NESHAPs?
    A. NESHAP for Acrylic and Modacrylic Fibers Production Area 
Sources
    B. NESHAP for Carbon Black Production Area Sources
    C. NESHAP for Chemical Manufacturing Area Sources: Chromium 
Compounds
    D. NESHAP for Flexible Polyurethane Foam Production and 
Fabrication Area Sources
    E. NESHAP for Lead Acid Battery Manufacturing Area Sources
    F. NESHAP for Wood Preserving Area Sources
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    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 and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

[[Page 15924]]

I. Why is EPA using a direct final rule?

    EPA is publishing the rule without a prior proposed rule because we 
view this as a noncontroversial action and anticipate no adverse 
comment. The amendments to the national emission standards for 
hazardous air pollutants (NESHAP) consist of clarifications and 
corrections that do not make material changes to the rule requirements. 
If we receive adverse comment on a distinct provision of this 
rulemaking, we will publish a timely withdrawal in the Federal Register 
indicating which provisions we are withdrawing. The provisions that are 
not withdrawn will become effective on the date set out above, 
notwithstanding adverse comment on any other provision.

II. Does this action apply to me?

    The regulated categories and entities potentially affected by the 
final rule include:

------------------------------------------------------------------------
                                                  Examples of regulated
            Category             NAICS code \1\          entities
------------------------------------------------------------------------
Industry:
    Acrylic and modacrylic               325222  Area source facilities
     fibers production.                           that manufacture
                                                  polymeric organic
                                                  fibers using
                                                  acrylonitrile as a
                                                  primary monomer.
    Carbon black production....          325182  Area source facilities
                                                  that manufacture
                                                  carbon black using the
                                                  furnace, thermal, or
                                                  acetylene
                                                  decomposition process.
    Chemical manufacturing:              325188  Area source facilities
     chromium compounds.                          that produce chromium
                                                  compounds, principally
                                                  sodium dichromate,
                                                  chromic acid, and
                                                  chromic oxide, from
                                                  chromite ore.
    Flexible polyurethane foam           326150  Area source facilities
     production.                                  that manufacture foam
                                                  made from a
                                                  polyurethane polymer.
    Flexible polyurethane foam           326150  Area source facilities
     fabrication operations.                      that cut or bond
                                                  flexible polyurethane
                                                  foam pieces together
                                                  or to other
                                                  substrates.
    Lead acid battery                    335911  Area source facilities
     manufacturing.                               that manufacture lead
                                                  acid storage batteries
                                                  made from lead alloy
                                                  ingots and lead oxide.
    Wood preserving............          321114  Area source facilities
                                                  that treat wood such
                                                  as lumber, ties,
                                                  poles, posts, or
                                                  pilings with a
                                                  preservative.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.11393 of 
subpart LLLLLL (NESHAP for Acrylic and Modacrylic Fibers Production 
Area Sources), 40 CFR 63.11400 of subpart MMMMMM (NESHAP for Carbon 
Black Production Area Sources), 40 CFR 63.11407 of subpart NNNNNN 
(NESHAP for Chemical Manufacturing Area Sources: Chromium Compounds), 
40 CFR 63.11414 of subpart OOOOOO (NESHAP for Flexible Polyurethane 
Foam Production and Fabrication Area Sources), 40 CFR 63.11421 of 
subpart PPPPPP (NESHAP for Lead Acid Battery Manufacturing Area 
Sources), or 40 CFR 63.11428 of subpart QQQQQQ (NESHAP for Wood 
Preserving Area Sources). If you have any questions regarding the 
applicability of this action to a particular entity, consult either the 
air permit authority for the entity or your EPA regional representative 
as listed in 40 CFR 63.13 of subpart A (General Provisions).

III. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this final action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information 
and technology exchange in various areas of air pollution control.

IV. What should I consider as I prepare my comments to EPA?

    Do not submit information containing confidential business 
information (CBI) to EPA through http://www.regulations.gov or e-mail. 
Send or deliver information identified as CBI only to the following 
address: Roberto Morales, OAQPS Document Control Officer (C404-02), 
Office of Air Quality Planning and Standards, Environmental Protection 
Agency, Research Triangle Park, North Carolina Attention Docket ID No. 
EPA-HQ-OAR-2006-0897. Clearly mark all of the information that you 
claim to be CBI. For CBI information in a disk or CD ROM that you mail 
to EPA, mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information marked as CBI will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.

V. What are the changes to the area source NESHAPs?

A. NESHAP for Acrylic and Modacrylic Fibers Production Area Sources

    On July 16, 2007 (72 FR 38899), we issued the NESHAP for Acrylic 
and Modacrylic Fibers Production Area Sources (40 CFR part 63, subpart 
LLLLLL). The final rule establishes air emission control requirements 
for new and existing acrylic or modacrylic fibers production plants. 
These direct final rule amendments make one editorial correction to the 
NESHAP. We are correcting a regulatory citation in the second sentence 
of paragraph (a) in 40 CFR 63.11399 (Who implements and enforces this 
subpart?) to add the phrase ``part 63,'' which was inadvertently 
omitted from the final rule.

B. NESHAP for Carbon Black Production Area Sources

    On July 16, 2007 (72 FR 38904), we issued the NESHAP for Carbon 
Black Production Area Sources (40 CFR part 63, subpart MMMMMM). Subpart 
MMMMMM establishes air emission control requirements for new and 
existing carbon black production process units.
1. 40 CFR 63.11402
    We are correcting a regulatory citation in 40 CFR 63.11402 (What 
are the standards and compliance requirements for new and existing 
sources?) to read ``Sec.  63.1103(f) of 40 CFR part 63, subpart YY'' 
instead of ``Sec.  63.1103 of subpart YY''.

[[Page 15925]]

2. 40 CFR 63.11406
    We are also making an editorial correction to the second sentence 
in paragraph (a) of 40 CFR 63.11406 (Who implements and enforces this 
subpart?) to add the phrase ``part 63,'' which was inadvertently 
omitted from the final rule.

C. NESHAP for Chemical Manufacturing Area Sources: Chromium Compounds

    On July 16, 2007 (72 FR 38905), we issued the NESHAP for Chemical 
Manufacturing Area Sources: Chromium Compounds (40 CFR part 63, subpart 
NNNNNN). The final rule establishes air emission control requirements 
for new and existing chromium compounds manufacturing facilities.
1. 40 CFR 63.11410(c)
    We are revising paragraph (c)(3)(iii) of 40 CFR 63.11410 to correct 
the biennial inspection requirements for wet electrostatic 
precipitators. The first sentence in paragraph (c)(3)(iii) identifies 
the components of the inside of the wet electrostatic precipitator that 
must be inspected during periodic inspections, and incorrectly lists 
``plate rappers'' as one of the components to be inspected. We intended 
to make the periodic inspection requirements in 40 CFR 63.11410(c)(3) 
consistent with the initial inspection requirements in 40 CFR 
63.11410(b)(3), which lists ``plate wash spray heads'' as a component 
that must be inspected but makes no mention of ``plate rappers''. The 
amendment adds the term ``plate wash spray heads'' and removes the term 
``plate rappers'' because wet electrostatic precipitators do not have 
plate rappers and instead use water sprays to clean the plates. We are 
also correcting a cross-referencing error in the second sentence of 
paragraph (c)(3)(iii) which requires that if an initial inspection is 
not required by paragraph (b)(2) of this section, the first inspection 
must not be more than 24 months from the last inspection. We are 
correcting the regulatory citation to read ``paragraph (b)(3) of this 
section'' so that the sentence refers to the initial inspection 
requirements for wet electrostatic precipitators instead of the initial 
inspection requirements for dry electrostatic precipitators.
2. 40 CFR 63.11413
    We are also making an editorial correction to the second sentence 
of paragraph (a) in 40 CFR 63.11413 (Who implements and enforces this 
subpart?) to add the phrase ``part 63,'' which was inadvertently 
omitted from the final rule.

D. NESHAP for Flexible Polyurethane Foam Production and Fabrication 
Area Sources

    On July 16, 2007 (72 FR 38910), we issued the NESHAP for Flexible 
Polyurethane Foam Production and Fabrication Area Sources (40 CFR part 
63, subpart OOOOOO). The final rule applies to area source facilities 
that produce flexible polyurethane foam or rebond foam and flexible 
polyurethane foam fabrication facilities.
1. 40 CFR 63.11416
    We are correcting a publication error in paragraph (b)(1) of 40 CFR 
63.11416 (What are the standards for new and existing sources?). 
Paragraph (b)(1) at 72 FR 38911 (third column) was incorrectly printed 
as two separate paragraphs. We are correcting paragraph (b)(1) by 
combining the two sentences into one paragraph.
2. 40 CFR 63.11417
    We are clarifying a provision in 40 CFR 63.11417 (What are the 
compliance requirements for new and existing sources?). Paragraph 
(b)(2) of 40 CFR 63.11417 requires the owner or operator of a slabstock 
flexible polyurethane foam production affected source who chooses to 
comply with prohibition on the use of methylene chloride in the 
production process to submit a notification of compliance status 
report. The second sentence in paragraph (b)(2) specifies that the 
notification of compliance status report must contain ``the information 
detailed in Sec.  63.9(h)(2)(i) paragraphs (A) and (G)'' and that the 
report contain a specific compliance certification as stated in the 
rule. The amendment clarifies the NESHAP by removing the requirement 
that the notification of compliance status report contain the 
information detailed in Sec.  63.9(h)(2)(i) paragraphs (A) and (G). In 
promulgating this rule, we did not intend to require compliance with 
the General Provisions (40 CFR part 63, subpart A) for slabstock foam 
production facilities that comply with the prohibition on the use of 
methylene chloride.
3. Table 1 to Subpart OOOOOO of Part 63
    We are revising the introductory statement for Table 1 to Subpart 
OOOOOO of Part 63--Applicability of General Provisions to Subpart 
OOOOOO. As noted in 40 CFR 63.11418 of the NESHAP, the general 
provisions identified in Table 1 apply only to those affected sources 
that are subject to 40 CFR 63.11416(b)(1). Sources subject to 40 CFR 
63.11416(b)(1) are owners or operators of new or existing stabstock 
polyurethane foam production affected sources who choose to comply with 
the formulation limits for HAP auxiliary blowing agents. However, the 
introductory statement for Table 1 states that ``as required in Sec.  
63.11418, you must comply with the requirements of the NESHAP General 
Provisions (40 CFR part 63, subpart A) as shown in the following 
table.'' This statement could imply that the requirements in Table 1 
apply to all owners or operators subject to the rule, which is not the 
case. Therefore, we are clarifying the introductory statement to 
specify that the requirements in Table 1 apply to sources subject to 40 
CFR 63.11416(b)(1).
4. 40 CFR 63.11420
    We are also making an editorial correction to the second sentence 
in paragraph (a) of 40 CFR 63.11420 (Who implements and enforces this 
subpart?) to add the phrase ``part 63,'' which was inadvertently 
omitted from the final rule.

E. NESHAP for Lead Acid Battery Manufacturing Area Sources

    On July 16, 2007 (72 FR 38913), we issued the NESHAP for Lead Acid 
Battery Manufacturing Area Sources (40 CFR part 63, subpart PPPPPP). 
Subpart PPPPPP establishes air emission control requirements for new 
and existing lead acid battery manufacturing plants. We are finalizing 
changes to the following sections.
1. 40 CFR 63.11423(c)
    We are clarifying paragraph (c)(1) of 40 CFR 63.11423 (What are the 
standards and compliance requirements for new and existing sources?). 
Paragraph (c)(1) provides that existing sources are not required to 
conduct a performance test if: (1) A prior performance test was 
conducted using the same methods specified in 40 CFR 60.374 of the new 
source performance standards (NSPS) for lead acid batteries and there 
has been no process change at the facility, or (2) a prior performance 
test was conducted using the same methods specified in 40 CFR 60.374 
and the source can reliably demonstrate compliance with the 
requirements notwithstanding process changes. Industry representatives 
suggested, and we agree, that a clarification is needed to indicate 
that ``compliance'' is intended to mean compliance with the standards 
in 40 CFR 60.372 of the NSPS. Therefore, we are adding the phrase 
``with this subpart'' after the word ``compliance''.
    We are also correcting a cross-referencing error in paragraph 
(c)(2) of

[[Page 15926]]

40 CFR 63.11423, which incorrectly states that the provisions for prior 
performance tests are contained in paragraph (b) of this section. The 
prior performance test provisions are contained in paragraph (c)(1). We 
are correcting this error by changing the cross reference to cite 
paragraph (c)(1) of this section.
2. 40 CFR 63.11425(c)
    We are also correcting an error in the deadline for the owner or 
operator of an existing source to submit the notification of compliance 
status report required by 40 CFR 63.9(h) of the general provisions. The 
date given in paragraph (c) of 40 CFR 63.11425 (What General Provisions 
apply to this subpart?), September 15, 2008, was set by adding 60 days 
to the compliance date for existing sources in the final rule. The 
applicable general provisions of part 63, however, allow sources 
additional time to submit the initial notification of compliance status 
when a performance test is required by the relevant standard. 
Specifically, 40 CFR 63.9(h)(2)(ii) requires the notification of 
compliance status be submitted within 60 days following completion of 
any compliance demonstration activity specified in the relevant 
standard. The NESHAP for lead acid battery manufacturers requires 
sources to conduct a performance test to demonstrate compliance, unless 
a prior performance test is sufficient as set forth in 40 CFR 
63.11423(c), and the general provisions at 40 CFR 63.7(a)(2) require a 
source to conduct an initial performance test within 180 days of the 
compliance date. In sum, the applicable general provisions allow 
existing sources that cannot rely on a prior performance test to 
demonstrate compliance up to 240 days to submit the notification of 
compliance (180 days to conduct the performance test and 60 days to 
submit the notification). Consequently, we are correcting the date 
specified in 40 CFR 63.11425(c). The amended rule text now states: 
``For existing sources, the initial notification of compliance required 
by Sec.  63.9(h) must be submitted not later than March 13, 2009.''
3. 40 CFR 63.11426
    We are also clarifying the introductory language in 40 CFR 63.11426 
(What definitions apply to this subpart?) by removing the phrases ``as 
specified in Sec.  63.11425(a)'' and ``as specified in Sec.  
63.11425(b).'' We are removing these phrases because changes made to 
the rule after proposal rendered the cross references to Sec.  63.11425 
incorrect and confusing. These changes will prevent confusion over the 
rule requirements because these references to 40 CFR 63.11425 no longer 
have any meaning within the NESHAP. We are also adding ``40 CFR'' 
before the terms ``part 60'' and ``part 63'' to complete these 
regulatory references.
4. 40 CFR 63.11427
    We are also making an editorial correction to paragraph (a) of 40 
CFR 63.11427 (Who implements and enforces this subpart?) to add the 
phrase ``part 63,'' which was inadvertently omitted from the final 
rule.
5. Table 1 to Subpart PPPPPP of Part 63
    These direct final rule amendments also correct a publication error 
in Table 1 to Subpart PPPPPP of Part 63--Applicability of General 
Provisions to Subpart PPPPPP at 72 FR 38915 (second column). In this 
correction, we are adding the words ``Notification Requirements'' to 
the subject column for the citation to 40 CFR 63.9.

F. NESHAP for Wood Preserving Area Sources

    On July 16, 2007 (72 FR 38915), we issued the NESHAP for Wood 
Preserving Area Sources (40 CFR part 63, subpart QQQQQQ). Subpart 
QQQQQQ establishes air emissions control requirements for new and 
existing wood preserving operations.
1. 40 CFR 63.11432
    We are correcting a regulatory citation in 40 CFR 63.11432 (What 
General Provisions apply to this subpart?). The first sentence in 
paragraph (b) of 40 CFR 63.11432 incorrectly refers to Sec.  63.9(a)(2) 
as requiring an initial notification of applicability. We are 
correcting the citation to read ``Sec.  63.9(b)(2).''
2. 40 CFR 63.11434
    We are making an editorial correction to the second sentence in 
paragraph (a) of 40 CFR 63.11434 (Who implements and enforces this 
subpart?) to add the phrase ``part 63,'' which was inadvertently 
omitted from the final rule.
4. Table 1 to Subpart QQQQQQ of Part 63
    We are also correcting a publication error in Table 1 to Subpart 
QQQQQQ of Part 63--Applicability of General Provisions to Subpart 
QQQQQQ as published at 72 FR 38917 (second and third columns). We are 
correcting the entry for Sec.  63.6(e)(3)(i), (e)(3)(iii) through 
(e)(3)(ix), (f), (g), (h)(1), (h)(2), (h)(4), (h)(5)(i) through 
(h)(5)(iii), (h)(5)(v), and (h)(6) through (h)(9) to remove the 
information contained in the second column (Subject) and third column 
(Applies to subpart QQQQQQ?) and add this information to the third and 
fourth columns.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose an information collection burden. EPA 
is taking this action to make certain clarifications and corrections to 
the six area source rules. These clarifications and corrections do not 
include or affect any information collection requirements. However, the 
Office of Management and Budget (OMB) has previously approved the 
information collection requirements contained in the existing 
regulations (40 CFR part 63) under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control 
number 2060-0598. The OMB control numbers for EPA's regulations in 40 
CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule 
would 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.
    For the purposes of assessing the impacts of the area source NESHAP 
on small entities, small entity is defined as: (1) A small business 
that meets the Small Business Administration size standards for small 
businesses found at 13 CFR 121.201 (less than 1,000 employees for 
acrylic and modacrylic fibers production and chromium compounds 
manufacturing and less than 500 employees for carbon black production, 
flexible polyurethane foam production and fabrication, lead acid 
battery manufacturing, and wood preserving); (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district, or

[[Page 15927]]

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 this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The 
amendments contained in this final rule will not impose any 
requirements or costs on small entities. These final amendments consist 
only of clarifications and corrections in each of the NESHAP, and these 
clarifications and corrections do not create any new requirements or 
burdens. The clarifications and corrections in these final amendments 
will facilitate compliance for small entities by making the 
applicability of certain requirements easier to understand.

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, 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 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 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.
    EPA has 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. EPA is taking this action to make certain 
clarifications and corrections to each of the area source NESHAP. No 
costs are associated with these clarifications and corrections. Thus, 
this rule is not subject to the requirements of sections 202 and 205 of 
the UMRA. In addition, EPA has determined that this action contains no 
regulatory requirements that might significantly or uniquely affect 
small governments. The clarifications and corrections made through this 
action contain no requirements that apply to such governments, impose 
no obligations upon them, and will not result in any expenditures by 
them or any disproportionate impacts on them. This final rule is not 
subject to section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999) requires 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 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.''
    This final rule does not have federalism implications. It 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. This rule makes certain 
clarifications and corrections to each of the area source NESHAP. These 
final clarifications and corrections do not impose requirements on 
State and local governments. Thus, Executive Order 13132 does not apply 
to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires 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.'' This final rule does not have 
tribal implications, as specified in Executive Order 13175. The final 
rule makes certain clarifications and corrections to each of the area 
source NESHAP. These final clarifications and corrections do not impose 
requirements on tribal governments. They also have no direct effects on 
tribal governments, on the relationship between the Federal government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes. Thus, Executive Order 
13175 does not apply to the final rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the 
Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it makes 
clarifications and corrections to each of the area source NESHAP that 
are based solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This final rule 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.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs 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.,

[[Page 15928]]

materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by voluntary 
consensus bodies. The NTTAA directs EPA to provide Congress, through 
OMB, explanations when the Agency does not use available and applicable 
voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The clarifications and corrections in this final rule do 
not change the level of control required by the NESHAP.

K. 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 Congress and to the Comptroller General 
of the United States. EPA will submit a report containing these final 
rule amendments 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 final rule amendments in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). This final rule will be effective 
on June 24, 2008.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: March 20, 2008.
Stephen L. Johnson,
Administrator.


0
For the reasons stated in the preamble, title 40, chapter I, part 63 of 
the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart LLLLLL--[Amended]

0
2. Section 63.11399 is amended by revising the second sentence in 
paragraph (a) to read as follows:


Sec.  63.11399  Who implements and enforces this subpart?

    (a) * * * If the U.S. EPA Administrator has delegated authority to 
a State, local, or Tribal agency pursuant to 40 CFR part 63, subpart E, 
then that Agency has the authority to implement and enforce this 
subpart. * * *
* * * * *

Subpart MMMMMM--[Amended]

0
3. Section 63.11406 is amended by revising the second sentence in 
paragraph (a) to read as follows:


Sec.  63.11406  Who implements and enforces this subpart?

    (a) * * * If the U.S. EPA Administrator has delegated authority to 
a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E, 
then that Agency has the authority to implement and enforce this 
subpart. * * *
* * * * *

Subpart NNNNNN--[Amended]

0
4. Section 63.11410 is amended by revising paragraph (c)(3)(iii) to 
read as follows:


Sec.  63.11410  What are the compliance requirements?

* * * * *
    (c) * * *
    (3) * * *
    (iii) You must conduct inspections of the interior of the 
electrostatic precipitator to determine the condition and integrity of 
corona wires, collection plates, plate wash spray heads, hopper, and 
air diffuser plates every 24 months. If an initial inspection is not 
required by paragraph (b)(3) of this section, the first inspection must 
not be more than 24 months from the last inspection.
* * * * *

0
5. Section 63.11413 is amended by revising the second sentence in 
paragraph (a) to read as follows:


Sec.  63.11413  Who implements and enforces this subpart?

    (a) * * * If the U.S. EPA Administrator has delegated authority to 
a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E, 
then that Agency has the authority to implement and enforce this 
subpart. * * *
* * * * *

Subpart OOOOOO--[Amended]

0
6. Section 63.11416 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  63.11416  What are the standards for new and existing sources?

* * * * *
    (b) * * *
    (1) Comply with Sec.  63.1293(a) or (b) of subpart III, except that 
you must use Equation 1 of this section to determine the HAP auxiliary 
blowing agent (ABA) formulation limit for each foam grade instead of 
Equation 3 of Sec.  63.1297 of subpart III. You must use zero as the 
formulation limitation for any grade of foam where the result of the 
formulation equation (using Equation 1 of this section) is negative 
(i.e., less than zero):
[GRAPHIC] [TIFF OMITTED] TR26MR08.001

Where:

ABAlimit = HAP ABA formulation limitation, parts methylene chloride 
ABA allowed per hundred parts polyol (pph).
IFD = Indentation force deflection, pounds.
DEN = Density, pounds per cubic foot.
* * * * *

[[Page 15929]]


0
7. Section 63.11417 is amended by revising the second sentence in 
paragraph (b)(2) to read as follows:


Sec.  63.11417  What are the compliance requirements for new and 
existing sources?

* * * * *
    (b) * * *
    (2) * * * The report must contain this certification of compliance, 
signed by a responsible official, for the standards in Sec.  
63.11416(b)(2): ``This facility uses no material containing methylene 
chloride for any purpose on any slabstock flexible foam process.''
* * * * *

0
8. Section 63.11420 is amended by revising the second sentence in 
paragraph (a) to read as follows:

Sec.  63.11420  Who implements and enforces this subpart?

    (a) * * * If the U.S. EPA Administrator has delegated authority to 
a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E, 
then that Agency has the authority to implement and enforce this 
subpart. * * *
* * * * *

0
9. The introductory text preceding Table 1 to Subpart OOOOOO is removed 
and introductory text is added after the table heading to read as 
follows:

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

    As required in Sec.  63.11418, sources subject to Sec.  
63.11416(b)(1) must comply with the requirements of the NESHAP General 
Provisions (40 CFR part 63, subpart A) as shown in the following table.
* * * * *

Subpart PPPPPP--[Amended]

0
10. Section 63.11423 is amended by revising paragraphs (c)(1) and (2) 
to read as follows:


Sec.  63.11423  What are the standards and compliance requirements for 
new and existing sources?

* * * * *
    (c) * * *
    (1) Existing sources are not required to conduct a performance test 
if a prior performance test was conducted using the same methods 
specified in 40 CFR 60.374 and either no process changes have been made 
since the test, or you can demonstrate that the results of the 
performance test, with or without adjustments, reliably demonstrate 
compliance with this subpart despite process changes.
    (2) Sources without a prior performance test, as described in 
paragraph (c)(1) of this section, must conduct a performance test using 
the methods specified in 40 CFR 60.374 by 180 days after the compliance 
date.

0
11. Section 63.11425 is amended by revising paragraph (c) to read as 
follows:


Sec.  63.11425  What General Provisions apply to this subpart?

* * * * *
    (c) For existing sources, the initial notification of compliance 
required by Sec.  63.9(h) must be submitted not later than March 13, 
2009.

0
12. The introductory text to Sec.  63.11426 is revised to read as 
follows:


Sec.  63.11426  What definitions apply to this subpart?

    The terms used in this subpart are defined in the CAA; 40 CFR 
60.371; 40 CFR 60.2 for terms used in the applicable provisions of 40 
CFR part 60, subpart A; and Sec.  63.2 for terms used in the applicable 
provisions of 40 CFR part 63, subpart A.
* * * * *

0
13. Section 63.11427 is amended by:
0
a. Revising the second sentence in paragraph (a);
0
b. Revising the first sentence in paragraph (b)(2);
0
c. Revising the first sentence in paragraph (b)(3); and
0
d. Revising the first sentence in paragraph (b)(4) to read as follows:


Sec.  63.11427  Who implements and enforces this subpart?

    (a) * * * If the U.S. EPA Administrator has delegated authority to 
a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E, 
then that Agency has the authority to implement and enforce this 
subpart. * * *
    (b) * * *
    (2) Approval of a major change to test methods under Sec.  
63.7(e)(2)(ii) and (f). * * *
    (3) Approval of a major change to monitoring under Sec.  63.8(f). * 
* *
    (4) Approval of a major change to recordkeeping/reporting under 
Sec.  63.10(f). * * *
0
14. Table 1 to Subpart PPPPPP of Part 63 is amended by removing the 
introductory text preceding the table and by adding introductory text 
after the table heading; and revising the entry for Sec.  63.9 to read 
as follows:

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

    As required in Sec.  63.11425, you must comply with the 
requirements of the NESHAP General Provisions (40 CFR part 63, subpart 
A) as shown in the following table.

----------------------------------------------------------------------------------------------------------------
                Citation                            Subject           Applies to subpart PPPPPP?    Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
63.9....................................  Notification Requirements.  Yes.......................  ..............

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart QQQQQQ--[Amended]

0
15. Section 63.11432 is amended by revising the first sentence in 
paragraph (b) introductory text to read as follows:


Sec.  63.11432  What General Provisions apply to this subpart?

* * * * *
    (b) If you own or operate a new or existing affected source that 
uses any wood preservative containing chromium, arsenic, dioxins, or 
methylene chloride, you must submit an initial notification of 
applicability required by Sec.  63.9(b)(2) no later than 90 days after 
the applicable compliance date specified in Sec.  63.11429. * * *
* * * * *

0
16. Section 63.11434 is amended by revising the second sentence in 
paragraph (a) to read as follows:


Sec.  63.11434  Who implements and enforces this subpart?

    (a) * * * If the U.S. EPA Administrator has delegated authority to 
a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E, 
then that Agency has the authority to implement and enforce this 
subpart. * * *
* * * * *

0
17. Table 1 to Subpart QQQQQQ of Part 63 is amended by removing the 
introductory text preceding the table

[[Page 15930]]

and adding introductory text after the table heading; and revising the 
entry, ``63.6(e)(3)(i), (e)(3)(iii)-(e)(3)(ix), (f), (g), (h)(1), 
(h)(2), (h)(4), (h)(5)(i)-(h)(5)(iii), (h)(v)(v), (h)(6)-(h)(9)'' to 
read as follows:

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

    As required in Sec.  63.11432, you must comply with the 
requirements of the NESHAP General Provisions (40 CFR part 63, subpart 
A) as shown in the following table.


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Applies to subpart
               Citation                          Subject                    QQQQQQ?                                  Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
63.6(e)(3)(i), (e)(3)(iii)-(e)(3)(ix),  .........................  No......................  Subpart QQQQQQ does not require a startup, shutdown, and
 (f), (g), (h)(1), (h)(2), (h)(4),                                                            malfunction plan or contain emission or opacity limits.
 (h)(5)(i)-(h)(5)(iii), (h)(5)(v),
 (h)(6)-(h)(9).

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

 [FR Doc. E8-6184 Filed 3-25-08; 8:45 am]

BILLING CODE 6560-50-P
