[Federal Register: June 26, 2002 (Volume 67, Number 123)]
[Notices]               
[Page 43112-43113]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn02-66]                         

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

ENVIRONMENTAL PROTECTION AGENCY

[AD-FRL-7238-1]

 
National Emission Standards for Hazardous Air Pollutants: 
Revision of Area Source Category List Under Section 112(c)(3) and 
112(k)(3)(B)(ii) of the Clean Air Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of revisions to the area source category list under the 
Integrated Urban Air Toxics Strategy.

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

SUMMARY: This notice adds 18 area source categories of hazardous air 
pollutants (HAP) to the list developed under the Integrated Urban Air 
Toxics Strategy (Strategy). Required under section 112(c)(3) and 
112(k)(3)(B)(ii) of the Clean Air Act (CAA), the Strategy's area source 
category list constitutes an important part of EPA's agenda for 
regulating stationary sources of air toxics emissions. The revisions to 
the list of area sources have not been reflected in any previous 
notices and are being made without public comment on the 
Administrator's own motion. Such revisions are deemed by EPA to be 
without need for public comment based on the nature of the actions.

EFFECTIVE DATE: June 26, 2002.

ADDRESSES: Docket No. A-97-44 contains supporting information used in 
development of this notice. The docket is available for public 
inspection and copying between 8:00 a.m. and 5:30 p.m., Monday through 
Friday, excluding legal holidays. The docket is located in EPA's Air 
and Radiation Docket and Information Center (6102), Room M-1500, 401 M 
Street, SW, Washington, DC 20460, or by calling (202) 260-7548. A 
reasonable fee may be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara B. Driscoll, Policy, 
Planning and Standards Group, Emission Standards Division (C439-04), 
EPA, Research Triangle Park, North Carolina 27711, facsimile number 
(919) 541-0942 telephone number (919) 541-1051, electronic mail (e-
mail): driscoll.barbara@epa.gov.

SUPPLEMENTARY INFORMATION: Docket. The docket for this action is A-97-
44. The docket is an organized file of all the information submitted to 
or otherwise relied upon by the Agency in the development of the 
revised list of area source categories. The principal purpose of the 
docket is to allow interested parties to identify and locate documents 
that serve as a record of the process engaged in by the Agency to 
publish today's revision to the initial list. The docket is available 
for public inspection at EPA's Air and Radiation Docket and Information 
Center, which is listed in the ADDRESSES section of this notice.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's notice will also be available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the notice will be posted on the TTN's policy and guidance 
page, http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air

[[Page 43113]]

pollution control. If more information regarding the TTN is needed, 
call the TTN HELP line at (919) 541-5384.

I. What Is the History of the Integrated Urban Air Toxics Strategy 
Area Source Category List?

    The CAA includes two provisions, section 112(c)(3) and 
112(k)(3)(B)(ii), that instruct EPA to identify and list area source 
categories representing at least 90 percent of the emissions of the 30 
``listed'' (or area source) HAP (see July 19, 1999, The Integrated 
Urban Air Toxics Strategy, 64 FR 38706), and that are, or will be, 
subject to standards under section 112(d) of the CAA. For this effort 
we used urban area source information from the 112(k) inventory which 
represents a baseline year of 1990. In the July 1999 Strategy, we 
identified 16 area source categories that had already been listed for 
regulation under the CAA, and 13 area source categories that were being 
listed under section 112(c)(3) for the first time. These 29 area source 
categories are:
     Cyclic Crude and Intermediate Production
     Flexible Polyurethane Foam Fabrication Operations
     Hospital Sterilizers
     Industrial Inorganic Chemical Manufacturing
     Industrial Organic Chemical Manufacturing
     Mercury Cell Chlor-Alkali Plants
     Gasoline Distribution Stage 1
     Municipal Landfills
     Oil and Natural Gas Production
     Paint Stripping Operations
     Plastic Materials and Resins Manufacturing
     Publicly Owned Treatment Works
     Synthetic Rubber Manufacturing
     Chromic Acid Anodizing
     Commercial Sterilization Facilities
     Other Solid Waste Incinerators (Human/Animal Cremation)
     Decorative Chromium Electroplating
     Dry Cleaning Facilities
     Halogenated Solvent Cleaners
     Hard Chromium Electroplating
     Hazardous Waste Combustors
     Industrial Boilers
     Institutional/Commercial Boilers
     Medical Waste Incinerators
     Municipal Waste Combustors
     Open Burning Scrap Tires
     Portland Cement
     Secondary Lead Smelting
     Stationary Internal Combustion Engines.
    Each of the source categories that were listed for the first time 
(the first 13 area source categories on the list above) contributed at 
least 15 percent of the total area source urban emissions of at least 
one of the 30 area source HAP. We also took credit for the percentage 
of emission contribution from the 16 area source categories that had 
already been listed (the last 16 area source categories on the list 
above). Since then, we added Secondary Aluminum Production to our list 
of major and area source categories (66 FR 8220, January 30, 2001). The 
listing of all these categories, however, does not meet the requirement 
to list area sources representing 90 percent of the area source 
emissions of the 30 area source HAP. In the Strategy, we indicated that 
we would be adding additional area source categories as necessary to 
meet the 90 percent requirement and would complete our listing by 2003.

II. Why Is EPA Issuing This Notice?

    Under provisions of section 112(c)(3) and 112(k)(3)(B)(ii), this 
notice announces the addition of 18 area source categories to those we 
listed in July 1999 (64 FR 38721) and, as modified in January 2001 (66 
FR 8220). While this listing is again based on the 112(k) inventory 
which represents urban area information for 1990, current information 
will be used for any type of regulatory development. Each of the source 
categories contributes between 4 and 16 percent of the total area 
source emissions for at least one of the 30 area source HAP and makes 
progress toward meeting our requirement to address 90 percent of the 
emissions of each of the 30 area source HAP. The additional area source 
categories being listed pursuant to section 112(c)(3) and 
112(k)(3)(B)(ii) are:
     Acrylic Fibers/Modacrylic Fibers Production
     Plating and Polishing
     Agriculture Chemicals & Pesticides Manufacturing
     Autobody Refinishing Paint Shops
     Cadmium Refining & Cadmium Oxide Production
     Flexible Polyurethane Foam Production
     Iron Foundries
     Lead and Acid Battery Manufacturing
     Miscellaneous Organic Chemical Manufacturing (MON)
     Pharmaceutical Production
     Polyvinyl Chloride & Copolymers Production
     Pressed and Blown Glass & Glassware Manufacturing
     Secondary Copper Smelting
     Secondary Nonferrous Metals
     Sewage Sludge Incineration
     Stainless and Nonstainless Steel Manufacturing Electric 
Arc Furnaces (EAF)
     Steel Foundries
     Wood Preserving.

III. Administrative Requirements

    Today's notice is not a rule; it is essentially an information-
sharing activity which does not impose regulatory requirements or 
costs. Therefore, the requirements of Executive Order 13045 (Protection 
of Children from Environmental Health Risks and Safety Risks), 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments), Executive Order 13132 (Federalism), Executive Order 13211 
(Actions Concerning Regulations that Significantly Affect Energy 
Supply, Distribution, or Use), the Regulatory Flexibility Act, the 
National Technology Transfer and Advancement Act, and the Unfunded 
Mandates Reform Act do not apply to today's notice. Also, this notice 
does not contain any information collection requirements and, 
therefore, is not subject to the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), a 
regulatory action determined to be ``significant'' is subject to the 
Office of Management and Budget (OMB) review and the requirements of 
the Executive Order. The Executive Order defines ``significant'' 
regulatory action as one that is likely to lead to a rule that may 
either (1) have an annual effect on the economy of $100 million or 
more, or adversely affect 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 
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 OMB has determined 
that this action is not significant under the terms of Executive Order 
12866.

    Dated: June 17, 2002.
Jeffrey R. Holmstead,
Assistant Administrator for Air and Radiation.
[FR Doc. 02-16142 Filed 6-25-02; 8:45 am]
BILLING CODE 6560-50-U