National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks, 44285-44289 [05-15217]
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Federal Register / Vol. 70, No. 147 / Tuesday, August 2, 2005 / Rules and Regulations
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[FR Doc. 05–15179 Filed 8–1–05; 8:45 am]
BILLING CODE 4910–13–U
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[OGC–2004–0004; FRL–7947–3]
RIN 2060–AM83
National Emission Standards for
Hazardous Air Pollutants for Coke
Ovens: Pushing, Quenching, and
Battery Stacks
Environmental Protection
Agency (EPA).
ACTION: Final rule; amendments.
AGENCY:
SUMMARY: On October 13, 2004, the EPA
issued amendments to the national
emission standards for coke oven
pushing, quenching, and battery stacks
as a direct final rule, along with a
parallel proposal to be used as a basis
Missoula, MT VOR/DME ..................................................
for final action in the event we received
any adverse comments. Because an
adverse comment was received on the
provisions related to operation and
maintenance requirements, we have
previously withdrawn the
corresponding part of the direct final
rule. After considering the comment,
EPA is promulgating the provisions that
were withdrawn based on the proposed
rule published on October 13, 2004.
EFFECTIVE DATE: August 2, 2005.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. OGC–2004–0004. All documents in
the docket are listed in the EDOCKET
index at https://www.epa.gov/edocket.
Although listed in the index, some
information is not publicly available,
i.e., confidential business information or
other information whose disclosure is
restricted by statute. Certain other
information, such as copyrighted
materials, is not placed on the Internet
and will be publicly available only in
hard copy form. Publicly available
84
Great Falls
docket materials are available either
electronically in EDOCKET or in hard
copy form at the Air and Radiation
Docket, Docket ID No. OGC–2004–0004,
EPA Docket Center (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 and Radiation
Docket is (202) 566–1742.
Bob
Schell, Emission Standards Division
(C439–02), Office of Air Quality
Planning and Standards, EPA, Research
Triangle Park, NC 27711, telephone
number (919) 541–4116, e-mail address
schell.bob@epa.gov.
FOR FURTHER INFORMATION CONTACT:
Regulated
Entities. Categories and entities
potentially regulated by this action
include:
SUPPLEMENTARY INFORMATION:
Category
NAICS code 1
Examples of regulated
entities
Industry ...........................................................................................................................................
331111, 324199
Federal government ........................................................................................................................
State/local/tribal government ..........................................................................................................
............................
............................
Coke plants and integrated
iron and steel mills.
Not affected.
Not affected.
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
regulated by this action. To determine
whether your facility is regulated by this
action, you should examine the
applicability criteria in 40 CFR 63.7281
of the national emission standards for
hazardous air pollutants (NESHAP) for
coke ovens: pushing, quenching, and
battery stacks. 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. In addition to being
available in the docket, an electronic
copy of today’s final rule amendments
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will also be available on the Worldwide
Web (WWW) through the Technology
Transfer Network (TTN). Following the
Administrator’s signature, a copy of the
final rule amendments will be placed on
the TTN’s policy and guidance page for
newly proposed or promulgated rules at
https://www.epa.gov/ttn/oarpg. The TTN
provides information and technology
exchange in various areas of air
pollution control.
Judicial Review. Under section
307(b)(1) of the Clean Air Act (CAA),
judicial review of the 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 October 3, 2005. Under
section 307(d)(7)(B) of the CAA, only an
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objection to the final rule amendments
that was raised with reasonable
specificity during the period for public
comment can be raised during judicial
review. Under CAA section 307(b)(2),
the requirements established by the
final rule amendments may not be
challenged later in civil or criminal
proceedings brought by EPA to enforce
these requirements.
Outline. The information presented in
this preamble is organized as follows:
I. Background
II. Summary of the Final Rule Amendments
III. Response to Comments on the Proposed
Amendments to the NESHAP for Coke
Oven Pushing, Quenching, and Battery
Stacks
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IV. Summary of Environmental, Energy, and
Economic Impacts
V. 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 that
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Congressional Review Act
I. Background
On April 14, 2003 (68 FR 18008), EPA
issued the NESHAP for pushing,
quenching, and battery stacks at new
and existing coke oven batteries (40 CFR
part 63, subpart CCCCC). The NESHAP
implement section 112(d) of the CAA by
requiring all major sources to meet
emission standards for hazardous air
pollutants reflecting application of the
maximum achievable control
technology.
After publication of the NESHAP, the
American Iron and Steel Institute
(AISI)/American Coke and Coal
Chemicals Institute (ACCCI) Coke Oven
Environmental Task Force (COETF)
filed a petition for review challenging
the final rule (AISI/ACCCI Coke Oven
Environmental Task Force v. U.S.
Environmental Protection Agency, No.
03–1167, D.C. Cir.). The petitioners
raised issues concerning:
• The provisions requiring owners or
operators of coke plants having a
pushing emission control device to
install, operate and maintain devices to
monitor daily average fan motor
amperes (or volumetric flow rate at the
inlet of the control device and maintain
daily average volumetric flow rate) at or
above minimum levels established
during initial performance tests. These
provisions are included in 40 CFR
63.7290, 63.7323(c), 63.7326(a)(4),
63.7330(d), 63.7331(g) and (h), and
63.7333(d).
• The provisions requiring monthly
inspections of pressure sensors,
dampers, damper switches and other
equipment important to the
performance of the total emissions
capture system which also require that
a facility’s operation and maintenance
plan include requirements to repair any
defect or deficiency in the capture
system before the next scheduled
inspection. These provisions are
included in 40 CFR 63.7300(c)(1).
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Amendments developed to resolve
these concerns were set out in
attachment A to a proposed settlement
agreement between EPA and COETF. In
accordance with CAA section 113(g), we
published a notice of the proposed
settlement agreement (69 FR 31372,
June 3, 2004) and provided a 30-day
comment period which ended July 6,
2004. We received no comments on the
proposed settlement agreement.
On October 13, 2004, we issued a
direct final rule (69 FR 60813) and a
parallel proposal (69 FR 60837) to
amend the NESHAP. We stated in the
preamble to the direct final rule and
parallel proposal that if we received
significant adverse comments by
November 12, 2004 (or by November 29,
2004 if a public hearing was requested),
we would publish a timely withdrawal
in the Federal Register indicating which
provisions would become effective and
which provisions would be withdrawn
due to adverse comment. We
subsequently received an adverse
comment from one commenter on the
provisions related to the operation and
maintenance requirements and
withdrew the amendments to 40 CFR
63.7300(c)(1) on January 10, 2005 (70 FR
1670). The remaining provisions, for
which we did not receive any adverse
comments, became effective on January
11, 2005. After full and careful
consideration of the comment, we are
promulgating the amendments
previously withdrawn based on the
parallel proposal published on October
13, 2004.
II. Summary of the Final Rule
Amendments
The final rule amendments affect the
requirement in 40 CFR 63.7300(c)(1) for
the repair of any defect or deficiency in
the capture system before the next
scheduled inspection. In the event a
defect or deficiency is found in the
capture system (during a monthly
inspection or between inspections), the
final rule amendments require the plant
owner or operator to complete repairs
within 30 days after the date that the
defect or deficiency is discovered. If the
repairs cannot be completed within 30
days, the plant owner or operator must
submit a written request to the
permitting authority for an extension of
time to complete the repairs. The
permitting authority must receive the
request no more than 20 days after the
date that the defect or deficiency is
discovered. The request must contain a
description of the defect or deficiency,
the steps needed and taken to correct
the problem, the interim steps being
taken to mitigate the emissions impact
of the defect or deficiency, and a
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proposed schedule for completing the
repairs. The request is deemed approved
unless and until such time as the
permitting authority notifies the plant
owner or operator that it objects to the
request. The permitting authority may
consider all relevant factors in deciding
whether to approve or deny the request
(including feasibility and safety). Each
approved schedule must provide for
completion of repairs as expeditiously
as practicable, and the permitting
authority may request modifications to
the proposed schedule as part of the
approval process.
We are also making a minor technical
clarification to the sampling procedures
in 40 CFR 63.7322(b)(2). This
clarification is simply that the minimum
sample volume is measured as ‘‘dry
standard’’ cubic feet.
III. Response to Comments on the
Proposed Amendments to the NESHAP
for Coke Oven Pushing, Quenching, and
Battery Stacks
We received one significant adverse
comment on the amendments contained
in the parallel proposal published on
October 13, 2004. The commenter
objected to the proposed requirement
that would have allowed the owner or
operator an additional 30 days (a total
of 60 days) to repair a defect in the
capture system applied to pushing
emissions. The commenter stated that
EPA had many years of experience in
reviewing malfunction reports and
suggested that any such extension be
restricted to specific defects and
historical repair times.
We reviewed the proposal and
discussed in detail with coke plant
operators the types of defects that might
require 60 days to repair and their
frequency of occurrence. Such defects
occur very infrequently and are usually
related to structural problems that
require an engineering evaluation,
scheduling a contractor to make the
repairs, and coordinating with the
plant’s production schedule to allow the
repair to be made safely. It is not
possible to identify in advance what
defects may require more than 30 days,
and the events are so infrequent, there
is not much historical information on
repair times. However, we agree with
the commenter in that EPA or the
permitting authority should decide
when additional time is needed, and
that this decision should not be left
solely to the discretion of the owner or
operator. Consequently, we have revised
the operation and maintenance
requirement to require the owner or
operator to submit a request for
approval by the permitting authority for
an extension of time to complete a
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repair that cannot be completed within
30 days. The request must be received
by the permitting authority within 20
days after the defect is first discovered.
The owner or operator must provide
enough information for the permitting
authority to evaluate the request,
including a description of the defect, the
steps needed and taken to correct the
problem, the interim steps being taken
to mitigate the emissions impact of the
defect, and a proposed schedule for
completing the repairs. The permitting
authority may approve or disapprove
the request or request additional
information to aid in the decision.
The commenter also suggested that
the owner or operator notify EPA by fax
within 24 hours of finding a deficiency
with confirmation in writing by mail
within 7 days. We do not agree that this
notification is necessary because the
notification and recordkeeping
requirements for startups, shutdowns,
and malfunctions (SSM) in 40 CFR
63.6(e) of the General Provisions (40
CFR part 63, subpart A) are in full effect
in this case. The specific requirements
in these amendments for capture
systems as applied to pushing emissions
are in addition to the SSM requirements
and do not replace them. The SSM
notification requirements have been
designed to provide the permitting
authority with timely and relevant
information in the event that all steps in
the SSM plan are not implemented.
These requirements attempt to strike a
balance between providing relevant
information and avoiding unnecessary
reporting of minor events (e.g., when a
malfunction is promptly corrected) that
would increase the burden to both the
permitting authority and the owner or
operator.
IV. Summary of Environmental, Energy,
and Economic Impacts
The final rule amendments will have
no effect on environmental, energy, or
non-air health impacts because none of
the changes affect the stringency of the
existing emission limits. No costs or
economic impacts are associated with
the amendments.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), the EPA must
determine whether the regulatory action
is ‘‘significant’’ and, therefore, subject to
review by the Office of Management and
Budget (OMB) and the requirements of
the Executive Order. The Executive
Order defines a ‘‘significant regulatory
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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 entitlement, 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 this action
is not a ‘‘significant regulatory action’’
under the terms of Executive Order
12886 and is, therefore, not subject to
OMB review.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden. The
costs of the information collection
requirements associated with the
amendments to the operation and
maintenance requirements do not
increase the existing burden estimates
for the final rule. The OMB has
previously approved the information
collection requirements in the existing
rule (40 CFR part 63, subpart CCCCC)
under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
and has assigned OMB control number
2060–0521, EPA ICR number 1995.02. A
copy of the OMB approved Information
Collection Request (ICR) may be
obtained from Susan Auby, Collection
Strategies Division, U.S. Environmental
Protection Agency (2822T), 1200
Pennsylvania Ave., NW., Washington,
DC 20460 or by calling (202) 566–1672.
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 purpose of
collecting, validating, and verifying
information; adjust the existing ways to
comply with any previously applicable
instructions and requirements; train
personnel to respond to a collection of
information; search existing 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
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respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
number for EPA’s regulations are listed
in 40 CFR part 9.
C. Regulatory Flexibility Act
The EPA has determined that it is not
necessary to prepare a regulatory
flexibility analysis in connection with
the final rule amendments. For purposes
of assessing the impact of today’s final
rule amendments on small entities,
small entity is defined as: (1) A small
business, as defined by the Small
Business Administration’s regulations at
13 CFR 121.201; (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-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s final rule
amendments on small entities, EPA has
concluded that this action will not have
a significant economic impact on a
substantial number of small entities. In
determining whether a rule has a
significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, since the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the
proposed rule on small entities’’ (5
U.S.C. 603 and 604). Thus, an agency
may conclude that a rule will not have
a significant economic impact on a
substantial number of small entities if
the rule relieves regulatory burden, or
otherwise has a positive economic effect
on all of the small entities subject to the
rule.
We believe there will be a positive
impact on small entities because the
final rule amendments increase
flexibility by providing more time for
plants to make repairs that can not be
completed within 30 days. These
changes are voluntary and do not
impose new costs. We have, therefore,
concluded that today’s final rule
amendments will relieve regulatory
burden for all 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
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sector. Under section 202 of the UMRA,
the EPA generally must prepare a
written statement, including a costbenefit 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 costeffective, 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 leastcostly, most cost-effective, or leastburdensome 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, 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 the 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 to the private sector in any 1 year. No
new costs are attributable to the final
rule amendments. Thus, the final rule
amendments are not subject to the
requirements of sections 202 and 205 of
the UMRA. In addition, the final rule
amendments do not significantly or
uniquely affect small governments
because they contain no requirements
that apply to such governments or
impose obligations upon them.
Therefore, the final rule amendments
are not subject to section 203 of the
UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (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
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development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
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.’’
The 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. None of the
affected plants are owned or operated by
State governments. Thus, Executive
Order 13132 does not apply to the final
rule amendments.
F. Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (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.’’ The final rule
amendments do not have tribal
implications, as specified in Executive
Order 13175. No tribal governments
own or operate any plants subject to the
NESHAP for coke oven pushing,
quenching, and battery stacks. Thus,
Executive Order 13175 does not apply
to the final rule amendments.
G. Executive Order 13045: Protection of
Children From Environmental Health
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 an
environmental health or safety risk that
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 Agency.
We interpret 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
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regulation. The final rule amendments
are not subject to Executive Order 13045
because the final rule (and these
amendments) are based on technology
performance and not on health or safety
risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
These final 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
Advancement Act
Section 112(d) of the National
Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104–113;
15 U.S.C. 272 note) directs the EPA to
use voluntary consensus standards
(VCS) in their regulatory and
procurement activities unless to do so
would be inconsistent with applicable
law or otherwise impracticable. VCS are
technical standards (e.g., material
specifications, test methods, sampling
procedures, business practices)
developed or adopted by one or more
voluntary consensus bodies. The
NTTAA requires EPA to provide
Congress, through the OMB,
explanations when the Agency decides
not to use available and applicable VCS.
This action does not involve technical
standards. Therefore, EPA is not
considering the use of any VCS.
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 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 its publication in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2). The final rule amendments will
be effective on August 2, 2005.
List of Subjects in 40 CFR Part 63
Environmental protection, Air
pollution control, Hazardous
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§ 63.7322 What test methods and other
procedures must I use to demonstrate
initial compliance with the emission limits
for particulate matter?
substances, Reporting and
recordkeeping requirements.
Dated: July 26, 2005.
Stephen L. Johnson,
Administrator.
*
For the reasons stated in the preamble,
title 40, chapter I, part 63 of the Code of
Federal Regulations is amended as
follows:
I
PART 63—[AMENDED]
1. The authority citation for part 63
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart CCCCC—[Amended]
*
*
*
*
(b) * * *
(2) During each particulate matter test
run, sample only during periods of
actual pushing when the capture system
fan and control device are engaged.
Collect a minimum sample volume of 30
dry standard cubic feet of gas during
each test run. Three valid test runs are
needed to comprise a performance test.
Each run must start at the beginning of
a push and finish at the end of a push
(i.e., sample for an integral number of
pushes).
*
*
*
*
*
2. Section 63.7300 is amended by
removing the third (last) sentence in
paragraph (c)(1) and adding in its place
six new sentences to read as follows:
[FR Doc. 05–15217 Filed 8–1–05; 8:45 am]
§ 63.7300 What are my operation and
maintenance requirements?
DEPARTMENT OF COMMERCE
I
*
*
*
*
*
(c) * * *
(1) * * * In the event a defect or
deficiency is found in the capture
system (during a monthly inspection or
between inspections), you must
complete repairs within 30 days after
the date that the defect or deficiency is
discovered. If you determine that the
repairs cannot be completed within 30
days, you must submit a written request
for an extension of time to complete the
repairs that must be received by the
permitting authority not more than 20
days after the date that the defect or
deficiency is discovered. The request
must contain a description of the defect
or deficiency, the steps needed and
taken to correct the problem, the interim
steps being taken to mitigate the
emissions impact of the defect or
deficiency, and a proposed schedule for
completing the repairs. The request
shall be deemed approved unless and
until such time as the permitting
authority notifies you that it objects to
the request. The permitting authority
may consider all relevant factors in
deciding whether to approve or deny
the request (including feasibility and
safety). Each approved schedule must
provide for completion of repairs as
expeditiously as practicable, and the
permitting authority may request
modifications to the proposed schedule
as part of the approval process.
*
*
*
*
*
3. Section 63.7322 is amended by
revising paragraph (b)(2) to read as
follows:
I
VerDate jul<14>2003
15:06 Aug 01, 2005
Jkt 205001
BILLING CODE 6560–50–P
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[Docket No. 030221039–5204–23; I.D.
072705A]
Taking of Marine Mammals Incidental
to Commercial Fishing Operations;
Atlantic Large Whale Take Reduction
Plan (ALWTRP)
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
SUMMARY: The Assistant Administrator
for Fisheries (AA), NOAA, announces
temporary restrictions consistent with
the requirements of the ALWTRP’s
implementing regulations. These
regulations apply to lobster trap/pot and
anchored gillnet fishermen in an area
totaling approximately 1,240 nm2 (4,253
km2), east of Boston, MA, for 15 days.
The purpose of this action is to provide
protection to an aggregation of northern
right whales (right whales).
DATES: Effective beginning at 0001 hours
August 4, 2005, through 2400 hours
August 18, 2005.
ADDRESSES: Copies of the proposed and
final Dynamic Area Management (DAM)
rules, Environmental Assessments
(EAs), Atlantic Large Whale Take
Reduction Team (ALWTRT) meeting
summaries, and progress reports on
implementation of the ALWTRP may
also be obtained by writing Diane
Borggaard, NMFS/Northeast Region,
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
44289
One Blackburn Drive, Gloucester, MA
01930.
FOR FURTHER INFORMATION CONTACT:
Diane Borggaard, NMFS/Northeast
Region, 978–281–9300 x6503; or Kristy
Long, NMFS, Office of Protected
Resources, 301–713–1401.
SUPPLEMENTARY INFORMATION:
Electronic Access
Several of the background documents
for the ALWTRP and the take reduction
planning process can be downloaded
from the ALWTRP web site at https://
www.nero.noaa.gov/whaletrp/.
Background
The ALWTRP was developed
pursuant to section 118 of the Marine
Mammal Protection Act (MMPA) to
reduce the incidental mortality and
serious injury of three endangered
species of whales (right, fin, and
humpback) due to incidental interaction
with commercial fishing activities. In
addition, the measures identified in the
ALWTRP would provide conservation
benefits to a fourth species (minke),
which are neither listed as endangered
nor threatened under the Endangered
Species Act (ESA). The ALWTRP,
implemented through regulations
codified at 50 CFR 229.32, relies on a
combination of fishing gear
modifications and time/area closures to
reduce the risk of whales becoming
entangled in commercial fishing gear
(and potentially suffering serious injury
or mortality as a result).
On January 9, 2002, NMFS published
the final rule to implement the
ALWTRP’s DAM program (67 FR 1133).
On August 26, 2003, NMFS amended
the regulations by publishing a final
rule, which specifically identified gear
modifications that may be allowed in a
DAM zone (68 FR 51195). The DAM
program provides specific authority for
NMFS to restrict temporarily on an
expedited basis the use of lobster trap/
pot and anchored gillnet fishing gear in
areas north of 40° N. lat. to protect right
whales. Under the DAM program,
NMFS may: (1) require the removal of
all lobster trap/pot and anchored gillnet
fishing gear for a 15–day period; (2)
allow lobster trap/pot and anchored
gillnet fishing within a DAM zone with
gear modifications determined by NMFS
to sufficiently reduce the risk of
entanglement; and/or (3) issue an alert
to fishermen requesting the voluntary
removal of all lobster trap/pot and
anchored gillnet gear for a 15–day
period and asking fishermen not to set
any additional gear in the DAM zone
during the 15–day period.
E:\FR\FM\02AUR1.SGM
02AUR1
Agencies
[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Rules and Regulations]
[Pages 44285-44289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15217]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OGC-2004-0004; FRL-7947-3]
RIN 2060-AM83
National Emission Standards for Hazardous Air Pollutants for Coke
Ovens: Pushing, Quenching, and Battery Stacks
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; amendments.
-----------------------------------------------------------------------
SUMMARY: On October 13, 2004, the EPA issued amendments to the national
emission standards for coke oven pushing, quenching, and battery stacks
as a direct final rule, along with a parallel proposal to be used as a
basis for final action in the event we received any adverse comments.
Because an adverse comment was received on the provisions related to
operation and maintenance requirements, we have previously withdrawn
the corresponding part of the direct final rule. After considering the
comment, EPA is promulgating the provisions that were withdrawn based
on the proposed rule published on October 13, 2004.
EFFECTIVE DATE: August 2, 2005.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. OGC-2004-0004. All documents in the docket are listed in
the EDOCKET index at https://www.epa.gov/edocket. Although listed in the
index, some information is not publicly available, i.e., confidential
business information or other information whose disclosure is
restricted by statute. Certain other information, such as copyrighted
materials, 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 hard copy form at the
Air and Radiation Docket, Docket ID No. OGC-2004-0004, EPA Docket
Center (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 and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Bob Schell, Emission Standards
Division (C439-02), Office of Air Quality Planning and Standards, EPA,
Research Triangle Park, NC 27711, telephone number (919) 541-4116, e-
mail address schell.bob@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities
potentially regulated by this action include:
----------------------------------------------------------------------------------------------------------------
Category NAICS code \1\ Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry.................................... 331111, 324199 Coke plants and integrated iron and steel mills.
Federal government.......................... ................ Not affected.
State/local/tribal government............... ................ Not affected.
----------------------------------------------------------------------------------------------------------------
\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 regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.7281 of the
national emission standards for hazardous air pollutants (NESHAP) for
coke ovens: pushing, quenching, and battery stacks. 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. In addition to being
available in the docket, an electronic copy of today's final rule
amendments will also be available on the Worldwide Web (WWW) through
the Technology Transfer Network (TTN). Following the Administrator's
signature, a copy of the final rule amendments will be placed on the
TTN's policy and guidance page for newly proposed or promulgated rules
at https://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.
Judicial Review. Under section 307(b)(1) of the Clean Air Act
(CAA), judicial review of the 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 October 3, 2005. Under section
307(d)(7)(B) of the CAA, only an objection to the final rule amendments
that was raised with reasonable specificity during the period for
public comment can be raised during judicial review. Under CAA section
307(b)(2), the requirements established by the final rule amendments
may not be challenged later in civil or criminal proceedings brought by
EPA to enforce these requirements.
Outline. The information presented in this preamble is organized as
follows:
I. Background
II. Summary of the Final Rule Amendments
III. Response to Comments on the Proposed Amendments to the NESHAP
for Coke Oven Pushing, Quenching, and Battery Stacks
[[Page 44286]]
IV. Summary of Environmental, Energy, and Economic Impacts
V. 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 that Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Congressional Review Act
I. Background
On April 14, 2003 (68 FR 18008), EPA issued the NESHAP for pushing,
quenching, and battery stacks at new and existing coke oven batteries
(40 CFR part 63, subpart CCCCC). The NESHAP implement section 112(d) of
the CAA by requiring all major sources to meet emission standards for
hazardous air pollutants reflecting application of the maximum
achievable control technology.
After publication of the NESHAP, the American Iron and Steel
Institute (AISI)/American Coke and Coal Chemicals Institute (ACCCI)
Coke Oven Environmental Task Force (COETF) filed a petition for review
challenging the final rule (AISI/ACCCI Coke Oven Environmental Task
Force v. U.S. Environmental Protection Agency, No. 03-1167, D.C. Cir.).
The petitioners raised issues concerning:
The provisions requiring owners or operators of coke
plants having a pushing emission control device to install, operate and
maintain devices to monitor daily average fan motor amperes (or
volumetric flow rate at the inlet of the control device and maintain
daily average volumetric flow rate) at or above minimum levels
established during initial performance tests. These provisions are
included in 40 CFR 63.7290, 63.7323(c), 63.7326(a)(4), 63.7330(d),
63.7331(g) and (h), and 63.7333(d).
The provisions requiring monthly inspections of pressure
sensors, dampers, damper switches and other equipment important to the
performance of the total emissions capture system which also require
that a facility's operation and maintenance plan include requirements
to repair any defect or deficiency in the capture system before the
next scheduled inspection. These provisions are included in 40 CFR
63.7300(c)(1).
Amendments developed to resolve these concerns were set out in
attachment A to a proposed settlement agreement between EPA and COETF.
In accordance with CAA section 113(g), we published a notice of the
proposed settlement agreement (69 FR 31372, June 3, 2004) and provided
a 30-day comment period which ended July 6, 2004. We received no
comments on the proposed settlement agreement.
On October 13, 2004, we issued a direct final rule (69 FR 60813)
and a parallel proposal (69 FR 60837) to amend the NESHAP. We stated in
the preamble to the direct final rule and parallel proposal that if we
received significant adverse comments by November 12, 2004 (or by
November 29, 2004 if a public hearing was requested), we would publish
a timely withdrawal in the Federal Register indicating which provisions
would become effective and which provisions would be withdrawn due to
adverse comment. We subsequently received an adverse comment from one
commenter on the provisions related to the operation and maintenance
requirements and withdrew the amendments to 40 CFR 63.7300(c)(1) on
January 10, 2005 (70 FR 1670). The remaining provisions, for which we
did not receive any adverse comments, became effective on January 11,
2005. After full and careful consideration of the comment, we are
promulgating the amendments previously withdrawn based on the parallel
proposal published on October 13, 2004.
II. Summary of the Final Rule Amendments
The final rule amendments affect the requirement in 40 CFR
63.7300(c)(1) for the repair of any defect or deficiency in the capture
system before the next scheduled inspection. In the event a defect or
deficiency is found in the capture system (during a monthly inspection
or between inspections), the final rule amendments require the plant
owner or operator to complete repairs within 30 days after the date
that the defect or deficiency is discovered. If the repairs cannot be
completed within 30 days, the plant owner or operator must submit a
written request to the permitting authority for an extension of time to
complete the repairs. The permitting authority must receive the request
no more than 20 days after the date that the defect or deficiency is
discovered. The request must contain a description of the defect or
deficiency, the steps needed and taken to correct the problem, the
interim steps being taken to mitigate the emissions impact of the
defect or deficiency, and a proposed schedule for completing the
repairs. The request is deemed approved unless and until such time as
the permitting authority notifies the plant owner or operator that it
objects to the request. The permitting authority may consider all
relevant factors in deciding whether to approve or deny the request
(including feasibility and safety). Each approved schedule must provide
for completion of repairs as expeditiously as practicable, and the
permitting authority may request modifications to the proposed schedule
as part of the approval process.
We are also making a minor technical clarification to the sampling
procedures in 40 CFR 63.7322(b)(2). This clarification is simply that
the minimum sample volume is measured as ``dry standard'' cubic feet.
III. Response to Comments on the Proposed Amendments to the NESHAP for
Coke Oven Pushing, Quenching, and Battery Stacks
We received one significant adverse comment on the amendments
contained in the parallel proposal published on October 13, 2004. The
commenter objected to the proposed requirement that would have allowed
the owner or operator an additional 30 days (a total of 60 days) to
repair a defect in the capture system applied to pushing emissions. The
commenter stated that EPA had many years of experience in reviewing
malfunction reports and suggested that any such extension be restricted
to specific defects and historical repair times.
We reviewed the proposal and discussed in detail with coke plant
operators the types of defects that might require 60 days to repair and
their frequency of occurrence. Such defects occur very infrequently and
are usually related to structural problems that require an engineering
evaluation, scheduling a contractor to make the repairs, and
coordinating with the plant's production schedule to allow the repair
to be made safely. It is not possible to identify in advance what
defects may require more than 30 days, and the events are so
infrequent, there is not much historical information on repair times.
However, we agree with the commenter in that EPA or the permitting
authority should decide when additional time is needed, and that this
decision should not be left solely to the discretion of the owner or
operator. Consequently, we have revised the operation and maintenance
requirement to require the owner or operator to submit a request for
approval by the permitting authority for an extension of time to
complete a
[[Page 44287]]
repair that cannot be completed within 30 days. The request must be
received by the permitting authority within 20 days after the defect is
first discovered. The owner or operator must provide enough information
for the permitting authority to evaluate the request, including a
description of the defect, the steps needed and taken to correct the
problem, the interim steps being taken to mitigate the emissions impact
of the defect, and a proposed schedule for completing the repairs. The
permitting authority may approve or disapprove the request or request
additional information to aid in the decision.
The commenter also suggested that the owner or operator notify EPA
by fax within 24 hours of finding a deficiency with confirmation in
writing by mail within 7 days. We do not agree that this notification
is necessary because the notification and recordkeeping requirements
for startups, shutdowns, and malfunctions (SSM) in 40 CFR 63.6(e) of
the General Provisions (40 CFR part 63, subpart A) are in full effect
in this case. The specific requirements in these amendments for capture
systems as applied to pushing emissions are in addition to the SSM
requirements and do not replace them. The SSM notification requirements
have been designed to provide the permitting authority with timely and
relevant information in the event that all steps in the SSM plan are
not implemented. These requirements attempt to strike a balance between
providing relevant information and avoiding unnecessary reporting of
minor events (e.g., when a malfunction is promptly corrected) that
would increase the burden to both the permitting authority and the
owner or operator.
IV. Summary of Environmental, Energy, and Economic Impacts
The final rule amendments will have no effect on environmental,
energy, or non-air health impacts because none of the changes affect
the stringency of the existing emission limits. No costs or economic
impacts are associated with the amendments.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines a ``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 entitlement, 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 this action is not a ``significant
regulatory action'' under the terms of Executive Order 12886 and is,
therefore, not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
The costs of the information collection requirements associated with
the amendments to the operation and maintenance requirements do not
increase the existing burden estimates for the final rule. The OMB has
previously approved the information collection requirements in the
existing rule (40 CFR part 63, subpart CCCCC) under the provisions of
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned
OMB control number 2060-0521, EPA ICR number 1995.02. A copy of the OMB
approved Information Collection Request (ICR) may be obtained from
Susan Auby, Collection Strategies Division, U.S. Environmental
Protection Agency (2822T), 1200 Pennsylvania Ave., NW., Washington, DC
20460 or by calling (202) 566-1672.
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 purpose of collecting, validating, and
verifying information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
respond to a collection of information; search existing 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 number for EPA's
regulations are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with the final rule
amendments. For purposes of assessing the impact of today's final rule
amendments on small entities, small entity is defined as: (1) A small
business, as defined by the Small Business Administration's regulations
at 13 CFR 121.201; (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 final rule
amendments on small entities, EPA has concluded that this action will
not have a significant economic impact on a substantial number of small
entities. In determining whether a rule has a significant economic
impact on a substantial number of small entities, the impact of concern
is any significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities'' (5 U.S.C. 603
and 604). Thus, an agency may conclude that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule.
We believe there will be a positive impact on small entities
because the final rule amendments increase flexibility by providing
more time for plants to make repairs that can not be completed within
30 days. These changes are voluntary and do not impose new costs. We
have, therefore, concluded that today's final rule amendments will
relieve regulatory burden for all 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
[[Page 44288]]
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, 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 the 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 to the
private sector in any 1 year. No new costs are attributable to the
final rule amendments. Thus, the final rule amendments are not subject
to the requirements of sections 202 and 205 of the UMRA. In addition,
the final rule amendments do not significantly or uniquely affect small
governments because they contain no requirements that apply to such
governments or impose obligations upon them. Therefore, the final rule
amendments are not subject to section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (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'' is 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.''
The 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. None of the affected
plants are owned or operated by State governments. Thus, Executive
Order 13132 does not apply to the final rule amendments.
F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (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.'' The final rule amendments do not have
tribal implications, as specified in Executive Order 13175. No tribal
governments own or operate any plants subject to the NESHAP for coke
oven pushing, quenching, and battery stacks. Thus, Executive Order
13175 does not apply to the final rule amendments.
G. Executive Order 13045: Protection of Children From Environmental
Health 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 an environmental
health or safety risk that 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 Agency.
We interpret 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. The final rule amendments
are not subject to Executive Order 13045 because the final rule (and
these amendments) are based on technology performance and not on health
or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
These final 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 Advancement Act
Section 112(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272 note) directs the
EPA to use voluntary consensus standards (VCS) in their regulatory and
procurement activities unless to do so would be inconsistent with
applicable law or otherwise impracticable. VCS are technical standards
(e.g., material specifications, test methods, sampling procedures,
business practices) developed or adopted by one or more voluntary
consensus bodies. The NTTAA requires EPA to provide Congress, through
the OMB, explanations when the Agency decides not to use available and
applicable VCS.
This action does not involve technical standards. Therefore, EPA is
not considering the use of any VCS.
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 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 its
publication in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). The final rule amendments will be
effective on August 2, 2005.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
[[Page 44289]]
substances, Reporting and recordkeeping requirements.
Dated: July 26, 2005.
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 CCCCC--[Amended]
0
2. Section 63.7300 is amended by removing the third (last) sentence in
paragraph (c)(1) and adding in its place six new sentences to read as
follows:
Sec. 63.7300 What are my operation and maintenance requirements?
* * * * *
(c) * * *
(1) * * * In the event a defect or deficiency is found in the
capture system (during a monthly inspection or between inspections),
you must complete repairs within 30 days after the date that the defect
or deficiency is discovered. If you determine that the repairs cannot
be completed within 30 days, you must submit a written request for an
extension of time to complete the repairs that must be received by the
permitting authority not more than 20 days after the date that the
defect or deficiency is discovered. The request must contain a
description of the defect or deficiency, the steps needed and taken to
correct the problem, the interim steps being taken to mitigate the
emissions impact of the defect or deficiency, and a proposed schedule
for completing the repairs. The request shall be deemed approved unless
and until such time as the permitting authority notifies you that it
objects to the request. The permitting authority may consider all
relevant factors in deciding whether to approve or deny the request
(including feasibility and safety). Each approved schedule must provide
for completion of repairs as expeditiously as practicable, and the
permitting authority may request modifications to the proposed schedule
as part of the approval process.
* * * * *
0
3. Section 63.7322 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 63.7322 What test methods and other procedures must I use to
demonstrate initial compliance with the emission limits for particulate
matter?
* * * * *
(b) * * *
(2) During each particulate matter test run, sample only during
periods of actual pushing when the capture system fan and control
device are engaged. Collect a minimum sample volume of 30 dry standard
cubic feet of gas during each test run. Three valid test runs are
needed to comprise a performance test. Each run must start at the
beginning of a push and finish at the end of a push (i.e., sample for
an integral number of pushes).
* * * * *
[FR Doc. 05-15217 Filed 8-1-05; 8:45 am]
BILLING CODE 6560-50-P