[Federal Register Volume 62, Number 20 (Thursday, January 30, 1997)]
[Rules and Regulations]
[Pages 4463-4465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2326]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-5682-3]


National Emission Standards for Chromium Emissions From Hard and 
Decorative Chromium Electroplating and Chromium Anodizing Tanks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule deadline extension.

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SUMMARY: On January 25, 1995, the EPA issued national emission 
standards for hazardous air pollutants (NESHAP) under Section 112 of 
the Clean Air Act as amended by the Clean Air Act Amendments of 1990, 
for Hard and

[[Page 4464]]

Decorative Chromium Electroplating and Chromium Anodizing Tanks. The 
NESHAP requires existing and new major and area sources to control 
emissions of hazardous air pollutants using the maximum achievable 
control technology (MACT). Today's action revises the compliance date 
for some of the sources subject to this standard. Specifically, this 
action extends the monitoring, reporting, and recordkeeping (MRR) 
requirements for hard chromium electroplaters and chromium anodizing 
operations in California from a January 25, 1997 compliance deadline to 
a July 24, 1997 compliance date.
    The EPA is promulgating these revisions as an interim final 
regulation and is requesting comments on the revisions. The revisions 
will be in effect during the interim period while EPA receives, 
reviews, and responds to any comments.

DATES: The interim final rule will be effective January 30, 1997. 
Written comments on this action must be received by EPA at the address 
below on or before March 3, 1997.

ADDRESSES: Comments should be submitted to: Air and Radiation Docket 
and Information Center (6102), Attention Docket Number A-88-02, Room M-
1500, U.S. Environmental Protection Agency, 401 M Street, SW, 
Washington, DC 20460. The EPA requests that a separate copy also be 
sent to the contact person listed under FOR FURTHER INFORMATION 
CONTACT. Comments may also be submitted electronically by sending 
electronic mail (e-mail) to: <a href="/cdn-cgi/l/email-protection#a8c985c9c6cc85da85ccc7cbc3cddce8cdd8c9c5c9c1c486cdd8c986cfc7de"><span class="__cf_email__" data-cfemail="5f3e723e313b722d723b303c343a2b1f3a2f3e323e3633713a2f3e71383029">[email protected]</span></a>.
    Docket. Docket No. A-88-02 containing the supporting information 
for the original NESHAP and this action, are available for public 
inspection and copying between 8:00 a.m. and 5:30 p.m., Monday through 
Friday, at the EPA's Air and Radiation Docket and Information Center, 
Waterside Mall, room M-1500, first floor, 401 M Street SW., Washington, 
DC 20460, or by calling (202) 260-7548 or 260-7549. A reasonable fee 
may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Lalit Banker, Emission Standards 
Division (MD-13), U.S. Environmental Protection Agency, Office of Air 
Quality Planning and Standards, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5420.

SUPPLEMENTARY INFORMATION:

    Regulated Entities. The regulated category and entities affected by 
this action include the hard chromium electroplating and chromium 
anodizing operations in the State of California only. To determine 
whether your facility is regulated by this action, you should carefully 
examine the applicability criteria in section 63.340 of the regulation. 
If you have questions regarding the applicability of this action to a 
particular entity, consult your State/local agency, EPA regional 
offices, or Lalit Banker at the number listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

I. Additional Information

    The EPA, in association with the industry participating in the 
Common Sense Initiative, has undertaken emission test efforts at 
existing hard chromium electroplating operations to explore the 
applicability and feasibility of alternative control techniques that 
could be applied to comply with the rule and that may have significant 
pollution prevention opportunities and cost savings. The report of this 
effort has recently been completed and shows considerable promise. The 
majority of hard chromium sources could make use of this technology but 
need to carefully explore the applicability of these alternative 
control techniques to their respective operations. Contact your trade 
association or Mr. Paul Shapiro of EPA at (202) 260-4969 for further 
information on this report.

II. Basis for Changes to Rule

    In accordance with the provisions of the Administrative Procedure 
Act (APA), EPA is invoking the good cause exception in taking this 
final action without prior notice and an opportunity for comment. 5 
U.S.C. 553(b)(B); Shell Oil Co. v. EPA, 950 F.2d 741.752 (DC Cir.1991). 
The EPA is extending the compliance date for MRR requirements for hard 
chromium electroplaters and the chromium anodizing sources in 
California from January 25, 1997, to July 24, 1997, to allow time for 
the California Air Resources Board (CARB) to establish and get approved 
MRR requirements for these sources that would be at least as stringent 
as the Federal NESHAP requirements. The net effect of this compliance 
extension will be that all the hard chromium electroplaters and the 
chromium anodizing sources in California that apply add-on emission 
control devices to reduce chromium emissions would continue to operate 
as they do now, while complying with the current applicable State/
district rules. The Federal NESHAP requires these sources to monitor 
applicable parameters on and after the date on which the initial 
performance test is required to be completed, which is July 24, 1997. 
However, for chromium anodizing sources that use fume suppressants as 
the control technology, the MRR requirements were effective January 25, 
1997, if they choose not to do a performance test (which is allowed).
    These sources in California are presently required to comply with 
California's ``Chrome Plating Air Toxics Control Measure'' (February 
1988), which specifies the application of control technology (already 
in place), that is identical to that required by the Chromium NESHAP. 
The Chromium NESHAP requires control technology to be installed by 
January 25, 1997. California has applied for an equivalency 
determination of its rule under section 112(l) of the CAA, including 
State MRR requirements. The EPA is not extending the date by which 
control technology must be installed in this action, only the date by 
which California sources subject to the rule must meet the Federal MRR 
requirements. This extension is not considered for similar sources in 
other States because no other State has a pre-existing State regulation 
that requires the installation of equivalent control technology by 
January 25, 1997, nor is any other State seeking an equivalency 
determination with the Federal rule.

III. Impacts

    The extension on the MRR compliance dates for some sources in 
California will not have any detrimental environmental effects because 
there is no delay in installation of control technology; thus, there is 
no impact on the estimated emissions reduction or the control cost for 
the rule.

IV. Public Participation

    EPA is issuing this final rule without prior notice and comments. 
This expedited rulemaking procedure is based on the need to act 
expeditiously to ensure that subject California sources are not 
required to meet both the Federal and State MRR requirements on January 
25, 1997, provided such sources comply with the State regulations. In 
support of this action, EPA has contacted and received input from a 
significant number of interested parties. EPA believes these 
circumstances provide good cause under 5 U.S.C. 553(b) and CAA section 
307(d)(1) to expedite this rulemaking. EPA finds that notice and 
comment procedures under section 307(d) are impracticable and contrary 
to the public interest based on the limited time before January 25, 
1997, and the fact that the subject California sources will have 
installed the requisite controls as required by the Chromium NESHAP.

[[Page 4465]]

    At the same time EPA is providing 30 days for submission of public 
comments. EPA will consider all written comments submitted in the 
allotted time period to determine if any change to this rule is 
necessary.

V. Administrative Requirements

A. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated NESHAP were submitted to and approved by the Office of 
Management and Budget (OMB). A copy of this Information Collection 
Request (ICR) document (OMB number 1611.02) may be obtained from Sandy 
Farmer, Information Policy Branch (PM-223Y); U.S. Environmental 
Protection Agency; 401 M Street, SW; Washington, DC 20460 or by calling 
(202) 260-2740.
    Today's changes to the NESHAP should have no impact on the 
information collection burden estimates made previously. Today's action 
merely extends the date of compliance with the MRR requirements in the 
rule for the existing affected sources in California. These changes do 
not impose new requirements. Consequently, the ICR has not been 
revised.

B. Executive Order 12866 Review

    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 Chrome Electroplating NESHAP promulgated on January 25, 1995 
was determined by OMB to be a ``significant regulatory action'' within 
the meaning of the Executive Order. For this reason OMB reviewed the 
final rule as promulgated. However, today's action merely extends for 
certain sources the compliance deadline for MRR requirements. These 
changes do not add any additional control requirements or costs. 
Therefore, this regulatory action does not affect the previous decision 
and is not considered to be significant.

C. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedures Act 
(APA), as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted 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 General Accounting 
Office prior to publication of the rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2) of the 
APA, as amended.

D. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995, the 
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, the 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 the 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 promulgated today does not 
include a Federal mandate that may 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 Reform Act do not apply to this action.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: January 24, 1997.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part 
63, subpart N, 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 N--National Emission Standards for Chromium Emissions From 
Hard and Decorative Chromium Electroplating and Chromium Anodizing 
Tanks

    2. Section 63.347 is amended by revising paragraph (e)(4) to read 
as follows:


Sec. 63.347   Reporting requirements.

* * * * *
    (e) * * *
    (4) For sources that are not required to complete a performance 
test in accordance with Sec. 63.343(b), the notification of compliance 
status shall be submitted to the Administrator no later than 30 days 
after the compliance date specified in Sec. 63.343(a), except, the date 
on which sources in California shall monitor the surface tension of the 
anodizing bath is extended from January 25, 1997, to July 24, 1997.
* * * * *
[FR Doc. 97-2326 Filed 1-29-97; 8:45 am]
BILLING CODE 6560-50-P


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