National Emission Standards for Hazardous Air Pollutants: Revision of Source Category List Under Section 112 of the Clean Air Act

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice of revisions to the list of categories of major and area sources.

SUMMARY:

This notice publishes revisions to the list of categories of major and area sources of hazardous air pollutants (HAP) emissions. The source category list, which is required under section 112(c) of the Clean Air Act (CAA), constitutes a significant part of EPA's agenda for regulating stationary sources of air toxics emissions. The list was most recently published in the Federal Register on January 30, 2001.

This notice meets the requirement in section 112(c)(1) to publish periodically, but at least once every 8 years, a list of all categories of sources reflecting revisions since the initial list was published. Several of the revisions identified in this notice have previously been published in actions associated with proposing and promulgating emission standards for individual source categories, and public comments have been requested in the context of those actions. Some of the revisions in this notice have not been reflected in any previous notices and are being made on the Administrator's own motion, without public comment. Such revisions are deemed by EPA to be without need for public comment based on the nature of the actions. This notice does not include any revisions to the schedule for standards provided for by CAA section 112(e).

EFFECTIVE DATE:

February 12, 2002.

ADDRESSES:

Docket No. A-90-49, containing supporting information used in development of this notice, is available for public inspection and copying between 8 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, Waterside Mall, 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. Maria Noell, U.S. EPA, Office of Air Quality Planning and Standards (OAQPS), Organic Chemicals Group (C504-4), Research Triangle Park, North Carolina 27711, telephone number (919) 541-5607, facsimile number (919) 541-3470, electronic mail address noell.maria@epa.gov.

SUPPLEMENTARY INFORMATION:

Docket. The docket for this action is A-90-49. The docket is an organized file of all the information submitted to or otherwise relied upon by the Agency in the development of this revised list of 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 source category 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.

World Wide 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 for newly proposed or promulgated rules http://www.epa.gov/ttn/oarpg. The TTN provides information and technology exchange in various areas of air 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 Source Category List?

The CAA requires, under section 112, that EPA list all categories of major sources emitting HAP and such categories of area sources warranting regulation and promulgate national emission standards for hazardous air pollutants (NESHAP) to control, reduce, or otherwise limit the emissions of HAP from such categories of major and area sources. Pursuant to the various specific listing requirements in section 112(c), on July 16, 1992 (57 FR 31576), we published a list of 174 categories of major and area sources—referred to as the initial list—for which we would develop emission standards. On December 3, 1993 (58 FR 63941), pursuant to requirements in section 112(e), we published a schedule for the promulgation of emission standards for each of the 174 initially listed source categories.

When we publish notices that affect actions relating to individual source categories, it is important to reflect the resultant changes on the list and schedule. However, we published two separate notices where we listed sources for specific pollutants under section 112(c)(6) on April 10, 1998 (63 FR 17838), and additional area sources under section 112(k) on July 19, 1999 (64 FR 38706). Please refer to these specific notices for those listings. Since we have already listed those sources in previous Federal Register notices, we are not relisting them in this notice at this time. On June 4, 1996 (61 FR 28197), we published a notice that referenced all previous list and schedule changes and consolidated those actions, along with several new actions, into a revised source category list and schedule. Subsequently, we published four additional notices which updated the list and schedule: February 12, 1998 (63 FR 7155); May 17, 1999 (64 FR 26743); November 18, 1999 (64 FR 63025); and January 30, 2001 (66 FR 8220). You should read the previous notices for information relating to the development of the initial list and schedule and subsequent changes.

II. Why Is EPA Issuing This Notice?

This notice announces all list changes that have occurred since we last updated the list on January 30, 2001 (66 FR 8220). The changes and the affected source categories, are:

Changes to Source Category Names

• Friction Materials Manufacturing

Addition of Source Categories

• Coal- and Oil-Fired Electric Utility Steam Generating Units
• Wet-Formed Fiberglass Mat Production

Deletion of Source Categories

• Asphalt Concrete Manufacturing
• Uranium Hexafluoride
• Sewage Sludge Incineration

Subsumptions of Source Categories

• Cellulose Ethers Production
• Miscellaneous Viscose Processes

Changes to the Scope of a Source Category

• Process Heaters

The source category list and promulgation schedule, updated to include today's changes to the list as well as actions from previous notices, are presented in Table 1. Table 1 also includes Federal Register citations for notices related to the source categories (Table 1 omits proposal notices once a rule or rule amendment has been promulgated). Source categories for which revisions have been made in today's notice are annotated in Table 1 for ease in discerning where revisions have been made.

For general descriptions of source categories listed in Table 1, please refer to “Documentation for Developing the Initial Source Category List” (EPA-450/3-91-030) and the Federal Register notice for the first revision of the source category list and schedule (61 FR 28197, June 4, 1996). For subsequent changes to descriptions of source categories for which a rule has been promulgated, please consult Table 1 for the citation of the Federal Register notice that includes the amended definition and corresponding rule applicability.

III. What Are the Revisions EPA Is Making to the Source Category List?

The following sections describe revisions to the source category list since January 30, 2001.

A. Changes to Source Category Names

We are renaming the Friction Products Manufacturing source category to Friction Materials Manufacturing so that the name better describes the source category.

B. Addition of Source Categories

Section 112(n)(1)(A) of the CAA requires the Administrator to determine whether regulation of HAP from electric utility steam generating units is appropriate and necessary. This finding was to be made after the consideration of the results of the study mandated by the same section, reported to Congress in EPA's February 1998 “Study of Hazardous Air Pollutant Emissions from Electric Utility Steam Generating Units—Final Report to Congress.” The EPA gathered additional information and announced on December 20, 2000 (65 FR 79825) that regulation of HAP emissions from coal- and oil-fired electric utility steam generating units was appropriate and necessary. As a result of this determination, the source category for Coal- and Oil-Fired Electric Utility Steam Generating Units was added to the list of source categories under section 112(c) of the CAA in that December 20, 2000 notice. In today's notice, we are simply updating the source category list to reflect that addition.

Today's notice also updates the source category list to reflect the addition of a new source category called Wet-Formed Fiberglass Mat Production. For further information, you should refer to the proposed preamble for the NESHAP for Wet-Formed Fiberglass Mat Production (65 FR 34277), which serves as the official action for adding that source category.

C. Deletion of Source Categories

The Administrator may, where appropriate, delete categories of sources on the Administrator's own motion or on petition. In today's notice, we are deleting the Asphalt Concrete Manufacturing, Uranium Hexafluoride Production, and Sewage Sludge Incineration source categories on the Administrator's own motion. As discussed in the initial list notice (57 FR 31576), we included these categories on the list because at the time, we believed there were major sources in each category, either because they were major sources in their own right or because of collocation with other sources of HAP. These source categories are being deleted because available data indicate that there are no major sources in any of the source categories.

1. Asphalt Concrete Manufacturing

In today's notice, we are deleting the source category Asphalt Concrete Manufacturing because available data indicate that there are no major sources. This source category was initially listed in July 1992 because at the time, we believed there were major sources in the category. Emissions data, along with emission factors, were used to estimate HAP emissions from eleven asphalt concrete manufacturing plants employing various production processes and different fuels. Emissions of total HAP at individual plants range from 1.5 tons per year (tpy) to 6.4 tpy. In addition, emission factors were used to estimate HAP emissions from a plant with a high annual production of 1.2 million tons of asphalt concrete. We estimate total HAP emissions from that plant to be 6.2 tpy. Based on the above information, we have concluded that no asphalt concrete manufacturing facility has the potential to emit HAP approaching major source levels.

2. Uranium Hexafluoride Production

The Uranium Hexafluoride Production source category was initially listed in July 1992. Information collected since the listing indicates that there is only one facility producing uranium hexafluoride in the United States. We visited the facility and reviewed emissions estimates provided by the facility. We estimate total plantwide emissions of HAP, including emissions from uranium hexafluoride production and fluorine production, to be less than 5 tpy. Therefore, since there are no sources in this category with the potential to emit HAP at a level approaching the major source threshold, we are removing this source category from the list.

3. Sewage Sludge Incineration

The Sewage Sludge Incineration source category was initially listed in July 1992. Sewage sludge incinerators have been reevaluated for emissions of HAP. After evaluation of all emissions information available, including additional testing conducted since the initial listing, we have concluded that the Sewage Sludge Incineration source category does not have any sources with the potential to emit HAP at a level approaching major source levels; therefore, we are removing the Sewage Sludge Incineration source category from the list of source categories under CAA section 112.

D. Subsumptions of Source Categories

Today's notice updates the source category list to reflect the subsumption of seven categories related to cellulose production into two source categories called Cellulose Ethers Production and Miscellaneous Viscose Processes. We are combining the Carboxymethylcellulose Production, Cellulose Ethers Production, and Methylcellulose Production source categories into the Cellulose Ethers Production source category. We are also combining four existing source categories into a new source category called Miscellaneous Viscose Processes. This newly defined source category subsumes the Rayon Production, Cellulose Food Casing Manufacturing, Cellophane Production, and Cellulosic Sponge Manufacturing source categories. For further information, you should refer to the proposed preamble for the Cellulose Products Manufacturing NESHAP (65 FR 52166), which serves as the official action to combine the source categories and to name the newly defined source categories.

E. Changes to the Scope of a Source Category

Today's action serves to redefine the scope of the Process Heaters source category to only include indirect-fired process heaters.

Both direct-fired and indirect-fired process heaters were included in the initial listing of the source category. Direct-fired process heaters are those in which the products of combustion mix with process materials and the combined emissions exit the same stack. By contrast, indirect-fired process heaters are those where the process materials are not mixed with products of combustion and, therefore, the emissions arise solely from products of combustion. We included direct-fired process heaters under other MACT standards for each relevant industry source category since emissions from direct-fired heaters are source and industry specific and, therefore, only indirect-fired process heaters need to be included in the Process Heaters source category.

IV. Is This Action Subject to Judicial Review?

Section 112(e)(4) of the CAA states that, notwithstanding section 307 of the CAA, no action of the Administrator listing a source category or subcategory under section 112(c) shall be a final Agency action subject to judicial review, except that any such action may be reviewed under section 307 when the Administrator issues emission standards for such pollutant or category. Section 112(e)(3) states that the determination of priorities for promulgation of standards for the listed source categories is not a rulemaking and is not subject to judicial review, except that failure to promulgate any standard pursuant to the schedule established under section 112(e) shall be subject to review under section 304 of the CAA. Therefore, today's notice is not subject to judicial review.

V. Is EPA Asking for Public Comment?

Prior to issuance of the initial source category list, we published a draft initial list for public comment (56 FR 28548, June 21, 1991). Although we were not required to take public comment on the initial source category list, we believed it was useful to solicit input on a number of issues related to the list. Indeed, in most instances, even where there is no statutory requirement to take comment, we solicit public comments on actions we are contemplating. We have decided, however, that it is unnecessary to solicit additional public comment on the revisions reflected in today's notice. Where we believe it is useful to solicit input on certain actions, we will offer interested parties an opportunity to provide comments on proposed individual emission standards.

VI. 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 13084 (Consultation and Coordination with Indian Tribal Governments), Executive Order 13132 (Federalism), 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 terms of Executive Order 12866.