Air pollutants, hazardous; national emission standards: Chromium compounds; industrial process cooling tower emissions,

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Federal Register: July 23, 1998 (Volume 63, Number 141)Proposed RulesPage 39543-39545From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr23jy98-34

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

AD-FRL-6112-6National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This action proposes to correct and clarify regulatory text of the ``National Emission Standard for Hazardous Air Pollutants for Industrial Process Cooling Towers,'' which was issued as a final rule on September 8, 1994. This action proposes to allow sources the alternative of demonstrating compliance with the standard through recordkeeping in lieu of a water sample analysis. The standard itself would not be changed. Because the proposed amendments to the rule are minor, the Agency does not anticipate receiving adverse comments. Consequently the revisions are also being issued as a direct final rule in the final rules section of this Federal Register. If no adverse comments are timely received, no further action will be taken with respect to this proposal and the direct final rule will become final on the date provided in that action.

DATES: Comments. Comments must be received on or before September 21, 1998, unless a hearing is requested by August 3, 1998. If a hearing is held, written comments must be received by October 6, 1998.

Public Hearing. Anyone requesting a public hearing must contact the EPA no later than August 3 , 1998. If a hearing is held, it will take place on August 7, 1998, beginning at 10:00 a.m.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if possible) to: Air and Radiation Docket and Information Center (6102), Attention Docket Number A-91-65 (see docket section below), Room M- 1500, U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460. EPA also requests that a separate copy also be sent to the contact person listed below.

Public Hearing. If a public hearing is held, it will be held at the EPA's Office of Administration Auditorium, Research Triangle Park, North Carolina. Persons interested in attending the hearing or wishing to present oral testimony should notify Mr. Phil Mulrine, Metals Group, Emission Standards Division (MD-13), U.S. Environmental Protection Agency, Research Triangle Park, N.C. 27711, telephone (919) 541-5289.

Docket. Docket No. A-91-65, containing the supporting information for the original standard and this action, is available for public inspection and copying between 8:00 a.m. and 3:30 p.m., Monday through Friday, at EPA's Air Docket Section, Waterside Mall, room 1500, 1st Floor, 401 M Street, SW., Washington, DC 20460. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Mulrine, Metals Group, Emission Standards Division (MD-13), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone (919) 541-5289.

SUPPLEMENTARY INFORMATION: Unless a hearing is requested (in which case, the comment period is 75 days from date of publication), if no significant adverse comments are received by September 21, 1998 no further activity is contemplated in relation to this proposed rule and the direct final rule in the final rules section of this Federal Register will automatically go into effect on October 21, 1998. If significant adverse comments are timely received, the direct final rule will be withdrawn and all public comment received will be addressed in a subsequent final rule. Because the EPA will not institute a second comment period on this proposed rule, any parties interested in commenting should do so during this comment period. If no timely adverse comments are received the direct final rule will become final October 21, 1998 and no further action is contemplated on the parallel proposal published today.

On September 8, 1994 (59 FR 46339), the Environmental Protection Agency (EPA) promulgated in the Federal Register national emission standards for hazardous air pollutants for industrial process cooling towers. These standards were promulgated as subpart Q in 40 CFR part 63. This document contains amendments to clarify the applicability of the final standard.

I. Regulated Entities

Entities potentially regulated by this action include:

Examples of regulated Category

entities

Industry.................................. Industrial Process Cooling Towers.

This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be interested in the revisions to the regulation contained in this action. This table lists the types of entities that EPA is now aware could potentially be regulated by this action. To determine whether your facility is affected by these revisions, you should carefully examine the language of section 63.404 of title 40 of the Code of Federal Regulations. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding For Further Information Contact section.

II. Description of the Changes

Section 63.404 is being revised to clarify that compliance with the standard can be demonstrated either by cooling water sampling analysis or by recordkeeping which shows that the owner or operator has switched to a non-chromium water treatment method.

In addition Sec. 63.404(b) is revised to clarify that a cooling water sample showing residual hexavalent chromium of 0.5 parts per million by weight or less shall be considered compliance with the standard.

For the detailed rationale for these proposed changes, see the information provided in the direct final rule in the final rules section of this Federal Register.

[Page 39544]III. Administrative

A. Paperwork Reduction Act

The information collection requirements in this rule will be submitted for approval to the Office of Management and Budget (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An Information Collection Request (ICR) document has been prepared by EPA (ICR No. 1876.01) and a copy may be obtained from Sandy Farmer by mail at OPPE Regulatory Information Division; U.S. Environmental Protection Agency (2137); 401 M St., SW; Washington, DC 20460, by e-mail at farmer.sandy@epamail.epa.gov, or by calling (202) 260-2740. A copy may also be downloaded off the internet at http://www.epa.gov/icr. The information requirements are not effective until OMB approves them.

The information collected will be used as an alternative means of compliance under Sec. 63.404. Owners of IPCT's are required to maintain a cooling water concentration of residual hexavalent chromium equal to or less than 0.5 parts per million. The owner of IPCT's can choose to demonstrate compliance by maintaining records of chemical treatment purchases instead of measuring the cooling water hexavalent chromium concentration.

The recordkeeping burden is estimated to be 6 hours annually. The rule has no reporting requirements so there is no burden associated with reporting. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An Agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division; U.S. Environmental Protection Agency (2137); 401 M St., SW; Washington, DC 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th St., NW, Washington, DC 20503, marked ``Attention: Desk Officer for EPA.'' Comments are requested within August 24, 1998. Include the ICR number in any correspondence.

B. Executive Order 12866

Under Executive Order 12866, the EPA must determine whether the proposed regulatory action is ``significant'' and, therefore, subject to OMB review and the requirements of the Executive Order. The Order defines ``significant'' regulatory action as one that is likely to lead to 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 in State, local, or tribal governments or communities;

  (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

  (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

  (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.

The Industrial Process Cooling Towers rule promulgated on September 8, 1994 was considered ``significant'' under Executive Order 12866 and a regulatory impact analysis was prepared. The amendments proposed today do not add any additional control requirements to the rule, but rather would clarify the rule and add an alternative means of compliance. It has been determined that these amendments are not a ``significant regulatory action'' under terms of Executive Order 12866 and, therefore, are not subject to review by the Office of Management and Budget.

C. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment requirements unless the agency certified that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small government jurisdictions. This proposed rule would not have a significant impact on a substantial number of small entities. The proposed changes to the rule merely clarify existing requirements, and increase flexibility by allowing an alternative means of compliance, and therefore do not create any additional burden for any of the regulated entities. Therefore, I certify that this proposed action will not have a significant economic impact on a substantial number of small entities.

D. Unfunded Mandates Act

Under section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Mandates Act''), EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated costs to State, local, or tribal governments in the aggregate; or to the private sector, of $100 million or more. Under section 205, EPA must select the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.

The EPA has determined that the action proposed today does not include a Federal mandate that will result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. Therefore, the requirements of the Unfunded Mandates Act do not apply to this action.

E. Protection of Children from Environmental Health Risks and Safety Risk Under Executive Order 13045

The Executive Order 13045 applies to any rule that (1) OMB determines is ``economically significant'' as defined under Executive Order 12866, and (2) EPA determines the environmental health or safety risk addressed by the rule has a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety aspects 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.

The proposed rule is not subject to Executive Order 13045, entitled Protection of Children from

[Page 39545]Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), because it does not involve decisions on environmental health risks or safety risks that may disproportionately affect children.

List of Subjects in 40 CFR Part 63

Environmental Protection, Air pollution control, Hazardous substances, Industrial process cooling towers, Reporting and recordkeeping requirements.

Dated: June 12, 1998. Carol M. Browner, Administrator.

FR Doc. 98-19406Filed7-22-98; 8:45 amBILLING CODE 6560-50-P

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