[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Rules and Regulations]
[Pages 51114-51116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18395]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2014-0830; FRL-9950-10-OAR]
RIN 2060-AS99


National Emission Standards for Aerospace Manufacturing and 
Rework Facilities Risk and Technology Review; Clarification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to amend the National Emissions Standards for Hazardous 
Air Pollutants (NESHAP) for Aerospace Manufacturing and Rework 
Facilities. In this action, we are clarifying the compliance date for 
the handling and storage of waste.

DATES: This rule is effective on October 3, 2016 without further 
notice, unless the EPA receives significant and relevant adverse 
comment by September 2, 2016. If the EPA receives significant and 
relevant adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0830, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2014-0830. All documents in this docket are 
listed on the http://www.regulations.gov Web site. 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, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
through http://www.regulations.gov, or in hard copy at the EPA Docket 
Center, EPA WJC West Building, Room Number 3334, 1301 Constitution Ave. 
NW., Washington, DC. The Public Reading Room hours of operation are 
8:30 a.m. to 4:30 p.m. Eastern Standard Time, Monday through Friday. 
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: For questions about this direct final 
action, contact Ms. Kim Teal, Sector Policies and Programs Division 
(D243-04), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-5580; fax number: (919) 541-5450; 
and email address: teal.kim@epa.gov. For information about the 
applicability of the NESHAP to a particular entity, contact Mr. John 
Cox, Office of Enforcement and Compliance Assurance, (202) 564-1395, 
cox.john@epa.gov.

SUPPLEMENTARY INFORMATION: 
    Background information. On December 7, 2015 (80 FR 76152), the EPA 
finalized amendments to the Aerospace Manufacturing and Rework 
Facilities NESHAP based on our Risk and Technology Review. In this 
action, we are clarifying the intended compliance date for sources 
subject to the recently finalized handling and storage of waste 
requirements.
    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Why is the EPA using a direct final rule?
    B. Does this action apply to me?
    C. What should I consider as I prepare my comments for the EPA?
II. What are the amendments in this direct final rule?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    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 (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

[[Page 51115]]

I. General Information

A. Why is the EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposed rule 
because we view this as a noncontroversial action and anticipate no 
significant and relevant adverse comment.
    In the final rule published December 7, 2015, we inadvertently 
failed to identify the compliance date for sources subject to the 
requirements for handling and storage of waste. Therefore, in this 
document we are correcting that oversight. In the ``Proposed Rules'' 
section of this Federal Register, we are publishing a separate document 
that will serve as the proposed rule to amend the National Emission 
Standards for Aerospace Manufacturing and Rework Facilities (40 CFR 
part 63, subpart GG). If significant and relevant adverse comments are 
received on the proposal, we will withdraw this direct final rule. 
However, we will not institute a second comment period on this action. 
Any parties interested in commenting must do so at this time. For 
further information about commenting on this rule, see the ADDRESSES 
section of this document.
    If the EPA receives significant and relevant adverse comment, we 
will publish a timely withdrawal in the Federal Register informing the 
public that some or all of the amendments in this direct final rule 
will not take effect. We would address all public comments in any 
subsequent final rule based on the proposed rule.

B. Does this action apply to me?

    Regulated entities. Categories and entities potentially regulated 
by this action are shown in Table 1 of this preamble.

      Table 1--Industrial Source Categories Affected By This Action
------------------------------------------------------------------------
                                                               NAICS \1\
           Source category                     NESHAP             Code
------------------------------------------------------------------------
Aerospace Manufacturing and Rework    Aerospace Manufacturing     336411
 Facilities.                           and Rework Facilities.     336412
                                                                  336413
                                                                  336414
                                                                  336415
                                                                  336419
                                                                  481111
                                                                  481112
                                                                  481211
                                                                  481212
                                                                  481219
------------------------------------------------------------------------
\1\North American Industry Classification System.

    Table 1 of this preamble is not intended to be exhaustive, but 
rather to provide a guide for readers regarding entities likely to be 
affected by the final action for the source categories listed. To 
determine whether your facility is affected, you should examine the 
applicability criteria in the appropriate NESHAP. If you have any 
questions regarding the applicability of any aspect of this NESHAP, 
please contact the appropriate person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section of this preamble.

C. What should I consider as I prepare my comments for the EPA?

    Submitting CBI. Do not submit this information to the EPA through 
http://www.regulations.gov or email. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to the 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 so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI only to the following address: OAQPS Document Control 
Officer (C404-02), U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711, and Attention Docket ID No. EPA-
HQ-OAR-2014-0830.

II. What are the amendments in this direct final rule?

    This direct final rule provides a compliance date of December 7, 
2018, for sources subject to the requirements for handling and storage 
of waste in 40 CFR part 63, subpart GG. In the final rule dated 
December 7, 2015, we regulated specialty coating application operations 
for the first time. The compliance date for these new requirements was 
December 7, 2018. We also revised and clarified requirements for 
handling and storage of waste, and our intent was to specify the same 
December 7, 2018, compliance date for these revised requirements (80 FR 
76172-74). However, we neglected to specify a compliance date for these 
revised waste handling and storage requirements in the regulatory text. 
Reading the regulatory text as now written would imply that the 
compliance date for these revised waste handling and storage 
requirements would be September 1, 1998. Therefore, we are correcting 
the rule text at 40 CFR 63.749(a)(3) to make it clear that the December 
7, 2018, compliance date also applies to sources subject to the waste 
storage and handling requirements.
    The EPA is accepting comments only on the specific issue raised in 
this direct final action and the accompanying proposed rule, the 
compliance date for handling and storage of waste. The EPA is not 
reopening or accepting comment on any other aspect of the NESHAP for 
Aerospace Manufacturing and Rework Facilities.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
Control Number 2060-0314. This action does not impose any new 
information collection burden because it serves only to provide a 
compliance date for the handling and storage of waste requirements.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden, or otherwise has a positive economic effect on the small 
entities subject to the rule. This action will not impose any costs on 
small entities. No facilities meeting the Small Business 
Administration's definition of a small business will incur costs. We 
have, therefore, concluded that this action will have no net regulatory 
burden for all directly regulated small entities.

[[Page 51116]]

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
the UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely 
affect small governments. The action imposes no enforceable duty on any 
state, local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action 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.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. No tribal facilities are known to be engaged in 
the aerospace manufacturing or rework surface coating operations that 
would be affected by this action. Thus, Executive Order 13175 does not 
apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in
    Executive Order 12898 (59 FR 7629, February 16, 1994) because it 
does not establish an environmental health or safety standard. This 
action serves only to provide a compliance date for the previously 
promulgated handling and storage of waste requirements.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action 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: July 26, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, part 63 of title 40, 
chapter I, of the Code of Federal Regulations is amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

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

Subpart GG--National Emission Standards for Aerospace Manufacturing 
and Rework Facilities

0
2. Section 63.749 is amended by revising paragraph (a)(3) to read as 
follows:


Sec.  63.749  Compliance dates and determinations.

    (a) * * *
    (3) Each owner or operator of a specialty coating application 
operation or handling and storage of waste operation that begins 
construction or reconstruction after February 17, 2015, shall be in 
compliance with the requirements of this subpart on December 7, 2015, 
or upon startup, whichever is later. Each owner or operator of a 
specialty coating application operation or handling and storage of 
waste operation that is existing on February 17, 2015, shall be in 
compliance with the requirements of this subpart on or before December 
7, 2018.
* * * * *
[FR Doc. 2016-18395 Filed 8-2-16; 8:45 am]
 BILLING CODE 6560-50-P


