[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Proposed Rules]
[Pages 39543-39545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19406]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6112-6]


National Emission Standards for Hazardous Air Pollutants for 
Industrial Process Cooling Towers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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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:

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                                                Examples of regulated   
                 Category                             entities          
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Industry..................................  Industrial Process Cooling  
                                             Towers.                    
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    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 
<a href="/cdn-cgi/l/email-protection#ec8a8d9e81899ec29f8d828895ac899c8d818d8580c2899c8dc28b839a"><span class="__cf_email__" data-cfemail="9dfbfceff0f8efb3eefcf3f9e4ddf8edfcf0fcf4f1b3f8edfcb3faf2eb">[email protected]</span></a>, 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. 98-19406 Filed 7-22-98; 8:45 am]
BILLING CODE 6560-50-P


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