National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Paints and Allied Products Manufacturing-Technical Amendment, 10184-10186 [2010-4754]
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10184
Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Rules and Regulations
PART 52—[AMENDED]
§ 52.820
Subpart Q—Iowa
1. The authority citation for part 52
continues to read as follows:
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2. In § 52.820(c) the table is amended
by revising the entries for 567–22.1 and
567–22.8 to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
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Identification of plan.
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(c) * * *
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EPA-APPROVED IOWA REGULATIONS
Iowa citation
State effective date
Title
EPA approval date
Explanation
Iowa Department of Natural Resources Environmental Protection Commission [567]
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Chapter 22—Controlling Pollution
567–22.1 ...................
Permits required for New or Existing Stationary Sources.
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567–22.8 ...................
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Permits By Rule ...........................................
3/18/09
3/5/10 [insert FR page number where the
document begins].
3/18/09
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3/5/10 [insert FR page number where the
document begins].
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[FR Doc. 2010–4548 Filed 3–4–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2008–0053; FRL–9122–9]
RIN 2060–AN47
National Emission Standards for
Hazardous Air Pollutants: Area Source
Standards for Paints and Allied
Products Manufacturing—Technical
Amendment
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
SUMMARY: This action clarifies
regulatory text of the ‘‘Revision of
Source Category List for Standards
Under Section 112(k) of the Clean Air
*
*
Act; National Emission Standards for
Hazardous Air Pollutants: Paints and
Allied Products Manufacturing Area
Source Standards’’ which was issued as
a final rule on December 3, 2009. These
technical corrections will not change
the level of health protection the final
rule provides or the standards and other
requirements established by the rule.
DATES: Effective Date: March 5, 2010
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2008–0053. All
documents in the docket are listed in
the Federal Docket Management System
index at www.regulations.gov. Although
listed in the index, some information is
not publicly available (e.g., confidential
business information (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
NAICS code 1
Category
325510
Adhesive Manufacturing .............................................................
325520
Printing Ink Manufacturing ..........................................................
erowe on DSK5CLS3C1PROD with RULES
Paint & Coating Manufacturing ...................................................
325910
All Other Miscellaneous Chemical Product and Preparation
Manufacturing.
325998
1 North
*
electronically through
www.regulations.gov or in hard copy at
the 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:
Melissa Payne, Regulatory Development
and Policy Analysis Group, Office of Air
Quality Planning and Standards (C404–
05), Environmental Protection Agency,
Research Triangle Park, NC 27711.
Telephone number: (919) 541–3609; fax
number: (919) 541–0242; e-mail
address: payne.melissa@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated
Entities. The regulated categories and
entities potentially affected by the final
rule include:
Examples of regulated entities
Area source facilities engaged in mixing pigments, solvents,
and binders into paints and other coatings, such as stains,
varnishes, lacquers, enamels, shellacs, and water repellant
coatings for concrete and masonry.
Area source facilities primarily engaged in manufacturing adhesives, glues, and caulking compounds.
Area source facilities primarily engaged in manufacturing printing inkjet inks and inkjet cartridges.
Area source facilities primarily engaged in manufacturing indelible ink, India ink, writing ink, and stamp pad ink.
American Industry Classification System.
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14:25 Mar 04, 2010
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erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Rules and Regulations
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
63.11599, subpart CCCCCCC (NESHAP
for Area Sources: Paints and Allied
Products Manufacturing). If you have
any questions regarding the
applicability of this action to a
particular entity, consult either the state
delegated authority or the EPA regional
representative, as listed in 40 CFR 63.13
of subpart A (General Provisions).
Good Cause Determination. Section
553 of the Administrative Procedure Act
(APA), 5 U.S.C. 553(b)(B), provides that,
when an agency for good cause finds
that notice and public procedure are
impracticable, unnecessary, or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
We have determined that there is good
cause for making today’s action final
without prior proposal and opportunity
for comment because the changes to the
rule are minor technical corrections, are
noncontroversial, and do not
substantively change the requirements
of the rule. Thus, notice and public
procedure are unnecessary. We find that
this constitutes good cause under 5
U.S.C. 553(b)(B) (see also the final
sentence of section 307(d)(1) of the
Clean Air Act, 42 U.S.C. 7607(d)(1),
indicating that the good cause
provisions of the APA continue to apply
to this type of rulemaking under the
Clean Air Act).
Section 553(d)(3) allows an agency,
upon a finding of good cause, to make
a rule effective immediately. Because
today’s changes do not substantively
change the requirements of the rule, we
find good cause to make these technical
corrections effective immediately.
Electronic Access. 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: https://www.epa.gov/ttn/oarpg/.
The TTN provides information and
technology exchange in various areas of
air pollution control.
I. Corrections
On December 3, 2009 (74 FR 63504),
the EPA promulgated the national
emission standards for hazardous air
pollutants (NESHAP) for area source
VerDate Nov<24>2008
14:25 Mar 04, 2010
Jkt 220001
paints and allied products
manufacturing facilities as subpart
CCCCCCC in 40 CFR part 63. Today’s
action contains notification of
corrections to clarify the following
numbering changes and editorial errors:
1. 63.11602(a)(2)(iii) references
63.11601(a)(4) toward the end of the
paragraph. Instead it should reference
63.11601(a)(5).
2. 63.11603(c) references paragraph
(7). There is no paragraph (7). Instead it
should reference paragraph (6).
3. The section that follows
63.11603(c) is 63.11603(e). This should
be changed to 63.11603(d).
4. 63.11601(a)(5)(i) should end in ‘‘or.’’
5. Paragraph 63.11601(a)(3) is a
carbon copy of (a)(2) and should be
deleted. This will change the
subsequent numbering for this section.
6. 63.11599(b)(1): An affected source
is existing if you commenced
construction. * * * before June 1, 2009
[the phrase ‘‘on or’’ is removed].
The corrections will become effective
immediately (without further
rulemaking action) on March 5, 2010.
These simple editorial changes
provide further clarification to the
applicability provisions that are
referenced in the final rule. This is
clearly the intent of the final rule and
was explained in detail in the preamble
of the final rule (74 FR 63504). Today’s
action notifies interested parties of the
corrections.
II. Statutory and Executive Order
Reviews
Under Executive Order 12866,
Regulatory Planning and Review (58 FR
51735, October 4, 1993), this action is
not a ’’significant regulatory action’’ and
is therefore not subject to review by the
Office of Management and Budget
(OMB). This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
The technical correction does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Because EPA has made a ‘‘good cause’’
finding that this action is not subject to
notice and comment requirements
under the APA or any other statute, it
is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4). In
addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of the
UMRA.
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10185
The technical correction does not
have substantial direct effects on the
States, or on the relationship between
the national government and the States,
as specified in Executive Order 13132,
Federalism (64 FR 43255, August 10,
1999).
Today’s action also does not
significantly or uniquely affect the
communities of tribal governments, as
specified by Executive Order 13175,
Consultation and Coordination with
Indian Tribal Governments (65 FR
67249, November 6, 2000).
The technical correction is also not
subject to Executive Order 13045,
Protection of Children from
Environmental Health and Safety Risks
(62 FR 19885, April 23, 1997) because
it is not economically significant.
The technical correction is not subject
to Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
The technical correction action does
not involve changes to the technical
standards related to test methods or
monitoring methods; thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272) do not apply.
The technical correction also does not
involve special consideration of
environmental justice-related issues as
required by Executive Order 12898,
Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations (59 FR 7629, February 16,
1994). The EPA has complied with
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights (Takings) (53 FR 8859, March 15,
1988) by examining the takings
implications of this rule correction in
accordance with the ‘‘Attorney General’s
Supplemental Guidelines for the
Evaluation of Risk and Avoidance of
Unanticipated Takings’’ issued under
the Executive Order.
In issuing the technical correction,
EPA has taken the necessary steps to
eliminate drafting errors and ambiguity,
minimize potential litigation, and
provide a clear legal standard for
affected conduct, as required by section
3 of Executive Order 12988, Civil Justice
Reform (61 FR 4729, February 7, 1996).
The Congressional Review Act (CRA)
(5 U.S.C. 801 et seq.), as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
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Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Rules and Regulations
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA, if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement (5 U.S.C.
808(2)). As stated previously, EPA has
made such a good cause finding,
including the reasons therefore, and
established an effective date of March 5,
2010. The EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register.
The EPA’s compliance with these
statutes and Executive Orders for the
underlying rule is discussed in the
December 3, 2009, Federal Register
notice containing the Area Source
Paints and Allied Products
Manufacturing final rule (74 FR 63504).
List of Subjects for 40 CFR Part 63
Environmental protection,
Administrative practice and procedure,
Air pollution control, Hazardous
substances, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: February 25, 2010.
Gina McCarthy,
Assistant Administrator, Office of Air and
Radiation.
For the reasons set out in the
preamble, title 40, chapter I, part 63, of
the Code of Federal Regulations is
amended as follows:
■
PART 63—[AMENDED]
1. The authority citation for part 63
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart CCCCCCC—[Amended]
2. Section 63.11599 is amended by
revising paragraph (b)(1) to read as
follows:
■
§ 63.11599
Am I subject to this subpart?
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*
*
*
*
(b) * * *
(1) An affected source is existing if
you commenced construction or
reconstruction before June 1, 2009.
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*
*
*
*
■
3. Section 63.11601 is amended by:
VerDate Nov<24>2008
14:25 Mar 04, 2010
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a. Revising paragraph (a) introductory
text;
■ b. Removing paragraph (a)(3);
■ c. Redesignating paragraphs (a)(4)
through (a)(7) as paragraphs (a)(3)
through (a)(6);
■ d. Revising newly designated
paragraph (a)(4)(i) to read as follows:
■
§ 63.11601 What are the standards for new
and existing paints and allied products
manufacturing facilities?
(a) For each new and existing affected
source, you must comply with the
requirements in paragraphs (a)(1)
through (5) of this section. These
requirements apply at all times.
*
*
*
*
*
(4) You must:
(i) Capture particulate emissions and
route them to a particulate control
device meeting the requirements of
paragraph (a)(5) of this section during
the grinding and milling of materials
containing compounds of cadmium,
chromium, lead, or nickel; or
*
*
*
*
*
3. Section 63.11602 is amended by:
a. In paragraph (a)(2)(iii) introductory
text by revising the last sentence:
■ b. In paragraph (a)(2)(iii)(A) by
revising the last sentence;
■ c. By revising paragraph (a)(2)(iii)(B).
■
■
§ 63.11602 What are the performance test
and compliance requirements for new and
existing sources?
(a) * * *
(2) * * *
(iii) * * * If the Method 203C test
runs indicates an opacity greater than
the limitation in § 63.11601(a)(5), you
must comply with the requirements in
paragraphs (a)(2)(iii)(A) through (C) of
this section.
(A) * * * You must continue to take
corrective action and retest each 15 days
until a Method 203C test indicates an
opacity equal to or less than the
limitation in § 63.11601(a)(5).
(B) You must prepare a deviation
report in accordance with
§ 63.11603(b)(3) for each instance in
which the Method 203C opacity results
were greater than the limitation in
§ 63.11601(a)(5).
*
*
*
*
*
4. Section 63.11603 is amended by:
a. Revising paragraph (c) introductory
text;
■ b. Redesignating paragraph (e) as
paragraph d).
■
■
§ 63.11603 What are the notification,
reporting, and recordkeeping
requirements?
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*
*
*
*
(c) Records. You must maintain the
records specified I paragraphs (c)(1)
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through (4) of this section in accordance
with paragraphs (c)(5) through (6) of this
section, for five years after the date of
each recorded action.
*
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[FR Doc. 2010–4754 Filed 3–4–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2005–0316; FRL–8814–6]
Beauveria bassiana HF23; Amendment
of Exemption from the Requirement of
a Tolerance
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This regulation amends an
exemption from the requirement of a
tolerance for residues of the microbial
insecticide. Beauveria bassiana HF23
(40 CFR 180.1273) on all food
commodities when used to treat chicken
and livestock facilities, from which
manure will eventually be composted
and used as fertilizer on agricultural
crops. JABB of the Carolinas submitted
a petition to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA),
requesting this amendment of the
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of
Beauveria bassiana HF23.
DATES: This regulation is effective
March 5, 2010. Objections and requests
for hearings must be received on or
before May 4, 2010, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2005–0316. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
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]]>Agencies
[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Rules and Regulations]
[Pages 10184-10186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4754]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2008-0053; FRL-9122-9]
RIN 2060-AN47
National Emission Standards for Hazardous Air Pollutants: Area
Source Standards for Paints and Allied Products Manufacturing--
Technical Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: This action clarifies regulatory text of the ``Revision of
Source Category List for Standards Under Section 112(k) of the Clean
Air Act; National Emission Standards for Hazardous Air Pollutants:
Paints and Allied Products Manufacturing Area Source Standards'' which
was issued as a final rule on December 3, 2009. These technical
corrections will not change the level of health protection the final
rule provides or the standards and other requirements established by
the rule.
DATES: Effective Date: March 5, 2010
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2008-0053. All documents in the docket are listed in the
Federal Docket Management System index at www.regulations.gov. Although
listed in the index, some information is not publicly available (e.g.,
confidential business information (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 through www.regulations.gov or in hard copy at the 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: Melissa Payne, Regulatory Development
and Policy Analysis Group, Office of Air Quality Planning and Standards
(C404-05), Environmental Protection Agency, Research Triangle Park, NC
27711. Telephone number: (919) 541-3609; fax number: (919) 541-0242; e-
mail address: payne.melissa@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated Entities. The regulated categories
and entities potentially affected by the final rule include:
------------------------------------------------------------------------
Examples of regulated
Category NAICS code \1\ entities
------------------------------------------------------------------------
Paint & Coating Manufacturing.. 325510 Area source facilities
engaged in mixing
pigments, solvents,
and binders into
paints and other
coatings, such as
stains, varnishes,
lacquers, enamels,
shellacs, and water
repellant coatings for
concrete and masonry.
Adhesive Manufacturing......... 325520 Area source facilities
primarily engaged in
manufacturing
adhesives, glues, and
caulking compounds.
Printing Ink Manufacturing..... 325910 Area source facilities
primarily engaged in
manufacturing printing
inkjet inks and inkjet
cartridges.
All Other Miscellaneous 325998 Area source facilities
Chemical Product and primarily engaged in
Preparation Manufacturing. manufacturing
indelible ink, India
ink, writing ink, and
stamp pad ink.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
[[Page 10185]]
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 63.11599,
subpart CCCCCCC (NESHAP for Area Sources: Paints and Allied Products
Manufacturing). If you have any questions regarding the applicability
of this action to a particular entity, consult either the state
delegated authority or the EPA regional representative, as listed in 40
CFR 63.13 of subpart A (General Provisions).
Good Cause Determination. Section 553 of the Administrative
Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an agency
for good cause finds that notice and public procedure are
impracticable, unnecessary, or contrary to the public interest, the
agency may issue a rule without providing notice and an opportunity for
public comment. We have determined that there is good cause for making
today's action final without prior proposal and opportunity for comment
because the changes to the rule are minor technical corrections, are
noncontroversial, and do not substantively change the requirements of
the rule. Thus, notice and public procedure are unnecessary. We find
that this constitutes good cause under 5 U.S.C. 553(b)(B) (see also the
final sentence of section 307(d)(1) of the Clean Air Act, 42 U.S.C.
7607(d)(1), indicating that the good cause provisions of the APA
continue to apply to this type of rulemaking under the Clean Air Act).
Section 553(d)(3) allows an agency, upon a finding of good cause,
to make a rule effective immediately. Because today's changes do not
substantively change the requirements of the rule, we find good cause
to make these technical corrections effective immediately.
Electronic Access. 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: https://www.epa.gov/ttn/oarpg/. The TTN
provides information and technology exchange in various areas of air
pollution control.
I. Corrections
On December 3, 2009 (74 FR 63504), the EPA promulgated the national
emission standards for hazardous air pollutants (NESHAP) for area
source paints and allied products manufacturing facilities as subpart
CCCCCCC in 40 CFR part 63. Today's action contains notification of
corrections to clarify the following numbering changes and editorial
errors:
1. 63.11602(a)(2)(iii) references 63.11601(a)(4) toward the end of
the paragraph. Instead it should reference 63.11601(a)(5).
2. 63.11603(c) references paragraph (7). There is no paragraph (7).
Instead it should reference paragraph (6).
3. The section that follows 63.11603(c) is 63.11603(e). This should
be changed to 63.11603(d).
4. 63.11601(a)(5)(i) should end in ``or.''
5. Paragraph 63.11601(a)(3) is a carbon copy of (a)(2) and should
be deleted. This will change the subsequent numbering for this section.
6. 63.11599(b)(1): An affected source is existing if you commenced
construction. * * * before June 1, 2009 [the phrase ``on or'' is
removed].
The corrections will become effective immediately (without further
rulemaking action) on March 5, 2010.
These simple editorial changes provide further clarification to the
applicability provisions that are referenced in the final rule. This is
clearly the intent of the final rule and was explained in detail in the
preamble of the final rule (74 FR 63504). Today's action notifies
interested parties of the corrections.
II. Statutory and Executive Order Reviews
Under Executive Order 12866, Regulatory Planning and Review (58 FR
51735, October 4, 1993), this action is not a ''significant regulatory
action'' and is therefore not subject to review by the Office of
Management and Budget (OMB). This action is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
The technical correction does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Because EPA has made a ``good cause'' finding that this action is
not subject to notice and comment requirements under the APA or any
other statute, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or
to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4). In addition, this action does not significantly or
uniquely affect small governments or impose a significant
intergovernmental mandate, as described in sections 203 and 204 of the
UMRA.
The technical correction does not have substantial direct effects
on the States, or on the relationship between the national government
and the States, as specified in Executive Order 13132, Federalism (64
FR 43255, August 10, 1999).
Today's action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175, Consultation and Coordination with Indian Tribal Governments (65
FR 67249, November 6, 2000).
The technical correction is also not subject to Executive Order
13045, Protection of Children from Environmental Health and Safety
Risks (62 FR 19885, April 23, 1997) because it is not economically
significant.
The technical correction is not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
The technical correction action does not involve changes to the
technical standards related to test methods or monitoring methods;
thus, the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply.
The technical correction also does not involve special
consideration of environmental justice-related issues as required by
Executive Order 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994). The EPA has complied with Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights (Takings) (53 FR 8859, March 15, 1988) by examining the
takings implications of this rule correction in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order.
In issuing the technical correction, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct, as
required by section 3 of Executive Order 12988, Civil Justice Reform
(61 FR 4729, February 7, 1996).
The Congressional Review Act (CRA) (5 U.S.C. 801 et seq.), as added
by the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the
[[Page 10186]]
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. Section 808 allows the
issuing agency to make a rule effective sooner than otherwise provided
by the CRA, if the agency makes a good cause finding that notice and
public procedure is impracticable, unnecessary or contrary to the
public interest. This determination must be supported by a brief
statement (5 U.S.C. 808(2)). As stated previously, EPA has made such a
good cause finding, including the reasons therefore, and established an
effective date of March 5, 2010. The EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
The EPA's compliance with these statutes and Executive Orders for
the underlying rule is discussed in the December 3, 2009, Federal
Register notice containing the Area Source Paints and Allied Products
Manufacturing final rule (74 FR 63504).
List of Subjects for 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: February 25, 2010.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
0
For the reasons set out 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 CCCCCCC--[Amended]
0
2. Section 63.11599 is amended by revising paragraph (b)(1) to read as
follows:
Sec. 63.11599 Am I subject to this subpart?
* * * * *
(b) * * *
(1) An affected source is existing if you commenced construction or
reconstruction before June 1, 2009.
* * * * *
0
3. Section 63.11601 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Removing paragraph (a)(3);
0
c. Redesignating paragraphs (a)(4) through (a)(7) as paragraphs (a)(3)
through (a)(6);
0
d. Revising newly designated paragraph (a)(4)(i) to read as follows:
Sec. 63.11601 What are the standards for new and existing paints and
allied products manufacturing facilities?
(a) For each new and existing affected source, you must comply with
the requirements in paragraphs (a)(1) through (5) of this section.
These requirements apply at all times.
* * * * *
(4) You must:
(i) Capture particulate emissions and route them to a particulate
control device meeting the requirements of paragraph (a)(5) of this
section during the grinding and milling of materials containing
compounds of cadmium, chromium, lead, or nickel; or
* * * * *
0
3. Section 63.11602 is amended by:
0
a. In paragraph (a)(2)(iii) introductory text by revising the last
sentence:
0
b. In paragraph (a)(2)(iii)(A) by revising the last sentence;
0
c. By revising paragraph (a)(2)(iii)(B).
Sec. 63.11602 What are the performance test and compliance
requirements for new and existing sources?
(a) * * *
(2) * * *
(iii) * * * If the Method 203C test runs indicates an opacity
greater than the limitation in Sec. 63.11601(a)(5), you must comply
with the requirements in paragraphs (a)(2)(iii)(A) through (C) of this
section.
(A) * * * You must continue to take corrective action and retest
each 15 days until a Method 203C test indicates an opacity equal to or
less than the limitation in Sec. 63.11601(a)(5).
(B) You must prepare a deviation report in accordance with Sec.
63.11603(b)(3) for each instance in which the Method 203C opacity
results were greater than the limitation in Sec. 63.11601(a)(5).
* * * * *
0
4. Section 63.11603 is amended by:
0
a. Revising paragraph (c) introductory text;
0
b. Redesignating paragraph (e) as paragraph d).
Sec. 63.11603 What are the notification, reporting, and recordkeeping
requirements?
* * * * *
(c) Records. You must maintain the records specified I paragraphs
(c)(1) through (4) of this section in accordance with paragraphs (c)(5)
through (6) of this section, for five years after the date of each
recorded action.
* * * * *
[FR Doc. 2010-4754 Filed 3-4-10; 8:45 am]
BILLING CODE 6560-50-P
