81_FR_51263 81 FR 51114 - National Emission Standards for Aerospace Manufacturing and Rework Facilities Risk and Technology Review; Clarification

81 FR 51114 - National Emission Standards for Aerospace Manufacturing and Rework Facilities Risk and Technology Review; Clarification

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 149 (August 3, 2016)

Page Range51114-51116
FR Document2016-18395

The Environmental Protection Agency (EPA) is taking direct final action to amend the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Aerospace Manufacturing and Rework Facilities. In this action, we are clarifying the compliance date for the handling and storage of waste.

Federal Register, Volume 81 Issue 149 (Wednesday, August 3, 2016)
[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Rules and Regulations]
[Pages 51114-51116]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18395]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2014-0830; FRL-9950-10-OAR]
RIN 2060-AS99


National Emission Standards for Aerospace Manufacturing and 
Rework Facilities Risk and Technology Review; Clarification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to amend the National Emissions Standards for Hazardous 
Air Pollutants (NESHAP) for Aerospace Manufacturing and Rework 
Facilities. In this action, we are clarifying the compliance date for 
the handling and storage of waste.

DATES: This rule is effective on October 3, 2016 without further 
notice, unless the EPA receives significant and relevant adverse 
comment by September 2, 2016. If the EPA receives significant and 
relevant adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0830, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2014-0830. All documents in this docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
through http://www.regulations.gov, or in hard copy at the EPA Docket 
Center, EPA WJC West Building, Room Number 3334, 1301 Constitution Ave. 
NW., Washington, DC. The Public Reading Room hours of operation are 
8:30 a.m. to 4:30 p.m. Eastern Standard Time, Monday through Friday. 
The telephone number for the Public Reading Room is (202) 566-1744, and 
the telephone number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For questions about this direct final 
action, contact Ms. Kim Teal, Sector Policies and Programs Division 
(D243-04), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-5580; fax number: (919) 541-5450; 
and email address: [email protected]. For information about the 
applicability of the NESHAP to a particular entity, contact Mr. John 
Cox, Office of Enforcement and Compliance Assurance, (202) 564-1395, 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Background information. On December 7, 2015 (80 FR 76152), the EPA 
finalized amendments to the Aerospace Manufacturing and Rework 
Facilities NESHAP based on our Risk and Technology Review. In this 
action, we are clarifying the intended compliance date for sources 
subject to the recently finalized handling and storage of waste 
requirements.
    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Why is the EPA using a direct final rule?
    B. Does this action apply to me?
    C. What should I consider as I prepare my comments for the EPA?
II. What are the amendments in this direct final rule?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

[[Page 51115]]

I. General Information

A. Why is the EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposed rule 
because we view this as a noncontroversial action and anticipate no 
significant and relevant adverse comment.
    In the final rule published December 7, 2015, we inadvertently 
failed to identify the compliance date for sources subject to the 
requirements for handling and storage of waste. Therefore, in this 
document we are correcting that oversight. In the ``Proposed Rules'' 
section of this Federal Register, we are publishing a separate document 
that will serve as the proposed rule to amend the National Emission 
Standards for Aerospace Manufacturing and Rework Facilities (40 CFR 
part 63, subpart GG). If significant and relevant adverse comments are 
received on the proposal, we will withdraw this direct final rule. 
However, we will not institute a second comment period on this action. 
Any parties interested in commenting must do so at this time. For 
further information about commenting on this rule, see the ADDRESSES 
section of this document.
    If the EPA receives significant and relevant adverse comment, we 
will publish a timely withdrawal in the Federal Register informing the 
public that some or all of the amendments in this direct final rule 
will not take effect. We would address all public comments in any 
subsequent final rule based on the proposed rule.

B. Does this action apply to me?

    Regulated entities. Categories and entities potentially regulated 
by this action are shown in Table 1 of this preamble.

      Table 1--Industrial Source Categories Affected By This Action
------------------------------------------------------------------------
                                                               NAICS \1\
           Source category                     NESHAP             Code
------------------------------------------------------------------------
Aerospace Manufacturing and Rework    Aerospace Manufacturing     336411
 Facilities.                           and Rework Facilities.     336412
                                                                  336413
                                                                  336414
                                                                  336415
                                                                  336419
                                                                  481111
                                                                  481112
                                                                  481211
                                                                  481212
                                                                  481219
------------------------------------------------------------------------
\1\North American Industry Classification System.

    Table 1 of this preamble is not intended to be exhaustive, but 
rather to provide a guide for readers regarding entities likely to be 
affected by the final action for the source categories listed. To 
determine whether your facility is affected, you should examine the 
applicability criteria in the appropriate NESHAP. If you have any 
questions regarding the applicability of any aspect of this NESHAP, 
please contact the appropriate person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section of this preamble.

C. What should I consider as I prepare my comments for the EPA?

    Submitting CBI. Do not submit this information to the EPA through 
http://www.regulations.gov or email. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to the EPA, mark the outside of the disk or CD 
ROM as CBI and then identify electronically within the disk or CD ROM 
the specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI only to the following address: OAQPS Document Control 
Officer (C404-02), U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711, and Attention Docket ID No. EPA-
HQ-OAR-2014-0830.

II. What are the amendments in this direct final rule?

    This direct final rule provides a compliance date of December 7, 
2018, for sources subject to the requirements for handling and storage 
of waste in 40 CFR part 63, subpart GG. In the final rule dated 
December 7, 2015, we regulated specialty coating application operations 
for the first time. The compliance date for these new requirements was 
December 7, 2018. We also revised and clarified requirements for 
handling and storage of waste, and our intent was to specify the same 
December 7, 2018, compliance date for these revised requirements (80 FR 
76172-74). However, we neglected to specify a compliance date for these 
revised waste handling and storage requirements in the regulatory text. 
Reading the regulatory text as now written would imply that the 
compliance date for these revised waste handling and storage 
requirements would be September 1, 1998. Therefore, we are correcting 
the rule text at 40 CFR 63.749(a)(3) to make it clear that the December 
7, 2018, compliance date also applies to sources subject to the waste 
storage and handling requirements.
    The EPA is accepting comments only on the specific issue raised in 
this direct final action and the accompanying proposed rule, the 
compliance date for handling and storage of waste. The EPA is not 
reopening or accepting comment on any other aspect of the NESHAP for 
Aerospace Manufacturing and Rework Facilities.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
Control Number 2060-0314. This action does not impose any new 
information collection burden because it serves only to provide a 
compliance date for the handling and storage of waste requirements.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden, or otherwise has a positive economic effect on the small 
entities subject to the rule. This action will not impose any costs on 
small entities. No facilities meeting the Small Business 
Administration's definition of a small business will incur costs. We 
have, therefore, concluded that this action will have no net regulatory 
burden for all directly regulated small entities.

[[Page 51116]]

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
the UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely 
affect small governments. The action imposes no enforceable duty on any 
state, local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. No tribal facilities are known to be engaged in 
the aerospace manufacturing or rework surface coating operations that 
would be affected by this action. Thus, Executive Order 13175 does not 
apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in
    Executive Order 12898 (59 FR 7629, February 16, 1994) because it 
does not establish an environmental health or safety standard. This 
action serves only to provide a compliance date for the previously 
promulgated handling and storage of waste requirements.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

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

    Dated: July 26, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, part 63 of title 40, 
chapter I, of the Code of Federal Regulations is amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart GG--National Emission Standards for Aerospace Manufacturing 
and Rework Facilities

0
2. Section 63.749 is amended by revising paragraph (a)(3) to read as 
follows:


Sec.  63.749  Compliance dates and determinations.

    (a) * * *
    (3) Each owner or operator of a specialty coating application 
operation or handling and storage of waste operation that begins 
construction or reconstruction after February 17, 2015, shall be in 
compliance with the requirements of this subpart on December 7, 2015, 
or upon startup, whichever is later. Each owner or operator of a 
specialty coating application operation or handling and storage of 
waste operation that is existing on February 17, 2015, shall be in 
compliance with the requirements of this subpart on or before December 
7, 2018.
* * * * *
[FR Doc. 2016-18395 Filed 8-2-16; 8:45 am]
 BILLING CODE 6560-50-P



                                             51114            Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations

                                             under paragraphs (a) of this section to                 SUMMARY:    The Environmental Protection              Room hours of operation are 8:30 a.m.
                                             address the inconsistent application of                 Agency (EPA) is taking direct final                   to 4:30 p.m. Eastern Standard Time,
                                             any rule, regulation, or policy that may                action to amend the National Emissions                Monday through Friday. The telephone
                                             arise in response to the limited                        Standards for Hazardous Air Pollutants                number for the Public Reading Room is
                                             jurisdiction of either a federal circuit                (NESHAP) for Aerospace Manufacturing                  (202) 566–1744, and the telephone
                                             court decision arising from challenges to               and Rework Facilities. In this action, we             number for the Air Docket is (202) 566–
                                             ‘‘locally or regionally applicable’’                    are clarifying the compliance date for                1742.
                                             actions, as provided in Clean Air Act                   the handling and storage of waste.                    FOR FURTHER INFORMATION CONTACT: For
                                             section 307(b) (42 U.S.C. 7607(b)), or a                DATES: This rule is effective on October              questions about this direct final action,
                                             federal district court decision.                        3, 2016 without further notice, unless                contact Ms. Kim Teal, Sector Policies
                                             *     *      *    *     *                               the EPA receives significant and                      and Programs Division (D243–04),
                                             ■ 4. Section 56.5 is amended by revising                relevant adverse comment by September                 Office of Air Quality Planning and
                                             paragraph (b) to read as follows:                       2, 2016. If the EPA receives significant              Standards, U.S. Environmental
                                                                                                     and relevant adverse comment, we will                 Protection Agency, Research Triangle
                                             § 56.5 Mechanisms for fairness and                      publish a timely withdrawal in the                    Park, North Carolina 27711; telephone
                                             uniformity—Responsibilities of Regional                 Federal Register informing the public                 number: (919) 541–5580; fax number:
                                             Office employees.
                                                                                                     that the rule will not take effect.                   (919) 541–5450; and email address:
                                             *     *     *      *    *                               ADDRESSES: Submit your comments,                      teal.kim@epa.gov. For information about
                                               (b) A responsible official in a Regional                                                                    the applicability of the NESHAP to a
                                                                                                     identified by Docket ID No. EPA–HQ–
                                             office shall seek concurrence from the                                                                        particular entity, contact Mr. John Cox,
                                                                                                     OAR–2014–0830, at http://
                                             appropriate EPA Headquarters office on                                                                        Office of Enforcement and Compliance
                                                                                                     www.regulations.gov. Follow the online
                                             any interpretation of the Act, or rule,                                                                       Assurance, (202) 564–1395, cox.john@
                                                                                                     instructions for submitting comments.
                                             regulation, or program directive when                                                                         epa.gov.
                                                                                                     Once submitted, comments cannot be
                                             such interpretation may result in
                                                                                                     edited or removed from Regulations.gov.               SUPPLEMENTARY INFORMATION:
                                             application of the act or rule, regulation,
                                                                                                     The EPA may publish any comment                         Background information. On
                                             or program directive that is inconsistent
                                                                                                     received to its public docket. Do not                 December 7, 2015 (80 FR 76152), the
                                             with Agency policy. However, the
                                                                                                     submit electronically any information                 EPA finalized amendments to the
                                             responsible official in a Regional office
                                                                                                     you consider to be Confidential                       Aerospace Manufacturing and Rework
                                             will not be required to seek such
                                                                                                     Business Information (CBI) or other                   Facilities NESHAP based on our Risk
                                             concurrence from the appropriate EPA
                                                                                                     information whose disclosure is                       and Technology Review. In this action,
                                             Headquarters office for actions that may
                                                                                                     restricted by statute. Multimedia                     we are clarifying the intended
                                             result in inconsistent application if such
                                                                                                     submissions (audio, video, etc.) must be              compliance date for sources subject to
                                             inconsistent application is required in
                                                                                                     accompanied by a written comment.                     the recently finalized handling and
                                             order to act in accordance with a federal
                                                                                                     The written comment is considered the                 storage of waste requirements.
                                             court decision:
                                               (1) Issued by a Circuit Court in                      official comment and should include                     Organization of this document. The
                                             challenges to ‘‘locally or regionally                   discussion of all points you wish to                  information in this preamble is
                                             applicable’’ actions, as provided in                    make. The EPA will generally not                      organized as follows:
                                             Clean Air Act section 307(b) (42 U.S.C.                 consider comments or comment                          I. General Information
                                             7607(b)), if that circuit court has direct              contents located outside of the primary                  A. Why is the EPA using a direct final rule?
                                             jurisdiction over the geographic areas                  submission (i.e., on the Web, cloud, or                  B. Does this action apply to me?
                                             that the Regional office official is                    other file sharing system). For                          C. What should I consider as I prepare my
                                                                                                     additional submission methods, the full                     comments for the EPA?
                                             addressing, or (2) Issued by a district                                                                       II. What are the amendments in this direct
                                             court in a specific case if the party the               EPA public comment policy,
                                                                                                     information about CBI or multimedia                         final rule?
                                             Regional office official is addressing was                                                                    III. Statutory and Executive Order Reviews
                                             also a party in the case that resulted in               submissions, and general guidance on                     A. Executive Order 12866: Regulatory
                                             the decision.                                           making effective comments, please visit                     Planning and Review and Executive
                                                                                                     http://www2.epa.gov/dockets/                                Order 13563: Improving Regulation and
                                             *     *     *      *    *                               commenting-epa-dockets.
                                             [FR Doc. 2016–17899 Filed 8–2–16; 8:45 a.m.]
                                                                                                                                                                 Regulatory Review
                                                                                                        Docket. The EPA has established a                     B. Paperwork Reduction Act (PRA)
                                             BILLING CODE 6560–50–P
                                                                                                     docket for this rulemaking under Docket                  C. Regulatory Flexibility Act (RFA)
                                                                                                     ID No. EPA–HQ–OAR–2014–0830. All                         D. Unfunded Mandates Reform Act
                                                                                                     documents in this docket are listed on                      (UMRA)
                                             ENVIRONMENTAL PROTECTION                                                                                         E. Executive Order 13132: Federalism
                                                                                                     the http://www.regulations.gov Web
                                             AGENCY                                                                                                           F. Executive Order 13175: Consultation
                                                                                                     site. Although listed in the index, some
                                                                                                                                                                 and Coordination With Indian Tribal
                                             40 CFR Part 63                                          information is not publicly available,                      Governments
                                                                                                     e.g., CBI or other information whose                     G. Executive Order 13045: Protection of
                                             [EPA–HQ–OAR–2014–0830; FRL–9950–10–                     disclosure is restricted by statute.                        Children From Environmental Health
                                             OAR]                                                    Certain other material, such as                             Risks and Safety Risks
                                             RIN 2060–AS99                                           copyrighted material, is not placed on                   H. Executive Order 13211: Actions
                                                                                                     the Internet and will be publicly                           Concerning Regulations That
                                             National Emission Standards for                         available only in hard copy form.                           Significantly Affect Energy Supply,
                                             Aerospace Manufacturing and Rework                      Publicly available docket materials are                     Distribution or Use
rmajette on DSK2TPTVN1PROD with RULES




                                             Facilities Risk and Technology Review;                  available either electronically through                  I. National Technology Transfer and
                                             Clarification                                                                                                       Advancement Act (NTTAA)
                                                                                                     http://www.regulations.gov, or in hard                   J. Executive Order 12898: Federal Actions
                                             AGENCY: Environmental Protection                        copy at the EPA Docket Center, EPA                          To Address Environmental Justice in
                                             Agency (EPA).                                           WJC West Building, Room Number                              Minority Populations and Low-Income
                                                                                                     3334, 1301 Constitution Ave. NW.,                           Populations
                                             ACTION: Direct final rule.
                                                                                                     Washington, DC. The Public Reading                       K. Congressional Review Act (CRA)



                                        VerDate Sep<11>2014   14:12 Aug 02, 2016   Jkt 238001   PO 00000   Frm 00040   Fmt 4700   Sfmt 4700   E:\FR\FM\03AUR1.SGM   03AUR1


                                                              Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations                                         51115

                                             I. General Information                                  entities likely to be affected by the final           63.749(a)(3) to make it clear that the
                                                                                                     action for the source categories listed.              December 7, 2018, compliance date also
                                             A. Why is the EPA using a direct final
                                                                                                     To determine whether your facility is                 applies to sources subject to the waste
                                             rule?
                                                                                                     affected, you should examine the                      storage and handling requirements.
                                                The EPA is publishing this rule                      applicability criteria in the appropriate
                                             without a prior proposed rule because                                                                            The EPA is accepting comments only
                                                                                                     NESHAP. If you have any questions                     on the specific issue raised in this direct
                                             we view this as a noncontroversial                      regarding the applicability of any aspect
                                             action and anticipate no significant and                                                                      final action and the accompanying
                                                                                                     of this NESHAP, please contact the
                                             relevant adverse comment.                                                                                     proposed rule, the compliance date for
                                                                                                     appropriate person listed in the
                                                In the final rule published December                                                                       handling and storage of waste. The EPA
                                                                                                     preceding FOR FURTHER INFORMATION
                                             7, 2015, we inadvertently failed to                     CONTACT section of this preamble.
                                                                                                                                                           is not reopening or accepting comment
                                             identify the compliance date for sources                                                                      on any other aspect of the NESHAP for
                                             subject to the requirements for handling                C. What should I consider as I prepare                Aerospace Manufacturing and Rework
                                             and storage of waste. Therefore, in this                my comments for the EPA?                              Facilities.
                                             document we are correcting that                           Submitting CBI. Do not submit this                  III. Statutory and Executive Order
                                             oversight. In the ‘‘Proposed Rules’’                    information to the EPA through http://
                                                                                                                                                           Reviews
                                             section of this Federal Register, we are                www.regulations.gov or email. Clearly
                                             publishing a separate document that                     mark the part or all of the information                 Additional information about these
                                             will serve as the proposed rule to amend                that you claim to be CBI. For CBI                     statutes and Executive Orders can be
                                             the National Emission Standards for                     information in a disk or CD ROM that                  found at http://www2.epa.gov/laws-
                                             Aerospace Manufacturing and Rework                      you mail to the EPA, mark the outside                 regulations/laws-and-executive-orders.
                                             Facilities (40 CFR part 63, subpart GG).                of the disk or CD ROM as CBI and then
                                             If significant and relevant adverse                     identify electronically within the disk or            A. Executive Order 12866: Regulatory
                                             comments are received on the proposal,                  CD ROM the specific information that is               Planning and Review and Executive
                                             we will withdraw this direct final rule.                claimed as CBI. In addition to one                    Order 13563: Improving Regulation and
                                             However, we will not institute a second                 complete version of the comment that                  Regulatory Review
                                             comment period on this action. Any                      includes information claimed as CBI, a
                                             parties interested in commenting must                   copy of the comment that does not                       This action is not a significant
                                             do so at this time. For further                         contain the information claimed as CBI                regulatory action and was, therefore, not
                                             information about commenting on this                    must be submitted for inclusion in the                submitted to the Office of Management
                                             rule, see the ADDRESSES section of this                 public docket. Information so marked                  and Budget (OMB) for review.
                                             document.                                               will not be disclosed except in                       B. Paperwork Reduction Act (PRA)
                                                If the EPA receives significant and                  accordance with procedures set forth in
                                             relevant adverse comment, we will                       40 CFR part 2. Send or deliver                          This action does not impose any new
                                             publish a timely withdrawal in the                      information identified as CBI only to the             information collection burden under the
                                             Federal Register informing the public                   following address: OAQPS Document                     PRA. OMB has previously approved the
                                             that some or all of the amendments in                   Control Officer (C404–02), U.S.                       information collection activities
                                             this direct final rule will not take effect.            Environmental Protection Agency,                      contained in the existing regulations
                                             We would address all public comments                    Research Triangle Park, North Carolina                and has assigned OMB Control Number
                                             in any subsequent final rule based on                   27711, and Attention Docket ID No.                    2060–0314. This action does not impose
                                             the proposed rule.                                      EPA–HQ–OAR–2014–0830.                                 any new information collection burden
                                             B. Does this action apply to me?                        II. What are the amendments in this                   because it serves only to provide a
                                                                                                     direct final rule?                                    compliance date for the handling and
                                               Regulated entities. Categories and                                                                          storage of waste requirements.
                                             entities potentially regulated by this                     This direct final rule provides a
                                             action are shown in Table 1 of this                     compliance date of December 7, 2018,                  C. Regulatory Flexibility Act (RFA)
                                             preamble.                                               for sources subject to the requirements
                                                                                                     for handling and storage of waste in 40                  I certify that this action will not have
                                               TABLE 1—INDUSTRIAL SOURCE CAT-                        CFR part 63, subpart GG. In the final                 a significant economic impact on a
                                               EGORIES AFFECTED BY THIS ACTION                       rule dated December 7, 2015, we                       substantial number of small entities
                                                                                                     regulated specialty coating application               under the RFA. In making this
                                                  Source                                NAICS 1      operations for the first time. The                    determination, the impact of concern is
                                                                    NESHAP
                                                 category                                Code        compliance date for these new                         any significant adverse economic
                                                                                                     requirements was December 7, 2018. We                 impact on small entities. An agency may
                                             Aerospace          Aerospace Man-            336411                                                           certify that a rule will not have a
                                               Manufac-           ufacturing and          336412
                                                                                                     also revised and clarified requirements
                                               turing and         Rework Facili-          336413     for handling and storage of waste, and                significant economic impact on a
                                               Rework Fa-         ties.                   336414     our intent was to specify the same                    substantial number of small entities if
                                               cilities.                                  336415     December 7, 2018, compliance date for                 the rule relieves regulatory burden, has
                                                                                          336419     these revised requirements (80 FR                     no net burden, or otherwise has a
                                                                                          481111     76172–74). However, we neglected to                   positive economic effect on the small
                                                                                          481112     specify a compliance date for these                   entities subject to the rule. This action
                                                                                          481211     revised waste handling and storage                    will not impose any costs on small
                                                                                          481212
                                                                                                     requirements in the regulatory text.                  entities. No facilities meeting the Small
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                                                                                          481219
                                                                                                     Reading the regulatory text as now                    Business Administration’s definition of
                                               1North    American     Industry     Classification    written would imply that the                          a small business will incur costs. We
                                             System.                                                 compliance date for these revised waste               have, therefore, concluded that this
                                               Table 1 of this preamble is not                       handling and storage requirements                     action will have no net regulatory
                                             intended to be exhaustive, but rather to                would be September 1, 1998. Therefore,                burden for all directly regulated small
                                             provide a guide for readers regarding                   we are correcting the rule text at 40 CFR             entities.


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                                             51116            Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations

                                             D. Unfunded Mandates Reform Act                         effects on minority populations, low-                 this subpart on or before December 7,
                                             (UMRA)                                                  income populations, and/or indigenous                 2018.
                                                This action does not contain any                     peoples, as specified in                              *     *    *     *     *
                                             unfunded mandate as described in the                       Executive Order 12898 (59 FR 7629,                 [FR Doc. 2016–18395 Filed 8–2–16; 8:45 am]
                                             UMRA, 2 U.S.C. 1531–1538, and does                      February 16, 1994) because it does not                BILLING CODE 6560–50–P
                                             not significantly or uniquely affect small              establish an environmental health or
                                             governments. The action imposes no                      safety standard. This action serves only
                                             enforceable duty on any state, local, or                to provide a compliance date for the                  DEPARTMENT OF HEALTH AND
                                             tribal governments or the private sector.               previously promulgated handling and                   HUMAN SERVICES
                                                                                                     storage of waste requirements.
                                             E. Executive Order 13132: Federalism                                                                          Centers for Medicare & Medicaid
                                               This action does not have federalism                  K. Congressional Review Act (CRA)                     Services
                                             implications. It will not have substantial                This action is subject to the CRA, and
                                             direct effects on the states, on the                                                                          42 CFR Parts 405, 424, and 455
                                                                                                     the EPA will submit a rule report to
                                             relationship between the national                       each House of the Congress and to the                 [CMS–6073–N]
                                             government and the states, or on the                    Comptroller General of the United
                                             distribution of power and                               States. This action is not a ‘‘major rule’’           Medicare, Medicaid, and Children’s
                                             responsibilities among the various                      as defined by 5 U.S.C. 804(2).                        Health Insurance Programs:
                                             levels of government.                                                                                         Announcement of the Provider
                                                                                                     List of Subjects in 40 CFR Part 63                    Enrollment Moratoria Access Waiver
                                             F. Executive Order 13175: Consultation
                                             and Coordination With Indian Tribal                       Environmental protection, Air                       Demonstration of Part B Non-
                                             Governments                                             pollution control, Hazardous                          Emergency Ground Ambulance
                                                                                                     substances, Reporting and                             Suppliers and Home Health Agencies
                                               This action does not have tribal                                                                            in Moratoria-Designated Geographic
                                             implications as specified in Executive                  recordkeeping requirements.
                                                                                                                                                           Locations
                                             Order 13175. No tribal facilities are                     Dated: July 26, 2016.
                                             known to be engaged in the aerospace                    Gina McCarthy,                                        AGENCY:  Centers for Medicare &
                                             manufacturing or rework surface coating                 Administrator.                                        Medicaid Services (CMS), HHS.
                                             operations that would be affected by                                                                          ACTION: Implementation of the waiver
                                             this action. Thus, Executive Order                        For the reasons stated in the                       demonstration.
                                             13175 does not apply to this action.                    preamble, part 63 of title 40, chapter I,
                                                                                                     of the Code of Federal Regulations is                 SUMMARY:   This notice announces the
                                             G. Executive Order 13045: Protection of                 amended as follows:                                   Provider Enrollment Moratoria Access
                                             Children From Environmental Health                                                                            Waiver Demonstration of Part B Non-
                                             Risks and Safety Risks                                  PART 63—NATIONAL EMISSION                             Emergency Ground Ambulance
                                               The EPA interprets Executive Order                    STANDARDS FOR HAZARDOUS AIR                           Suppliers and Home Health Agencies in
                                             13045 as applying only to those                         POLLUTANTS FOR SOURCE                                 6 states. The demonstration is being
                                             regulatory actions that concern                         CATEGORIES                                            implemented in accordance with
                                             environmental health or safety risks that                                                                     section 402 of the Social Security
                                             the EPA has reason to believe may                       ■ 1. The authority citation for part 63               Amendments of 1967 and gives CMS the
                                             disproportionately affect children, per                 continues to read as follows:                         authority to grant waivers to the
                                             the definition of ‘‘covered regulatory                      Authority: 42 U.S.C. 7401 et seq.                 statewide enrollment moratoria on a
                                             action’’ in section 2–202 of the                                                                              case-by-case basis in response to access
                                             Executive Order. This action is not                     Subpart GG—National Emission                          to care issues, and to subject providers
                                             subject to Executive Order 13045                        Standards for Aerospace                               and suppliers enrolling via such waivers
                                             because it does not concern an                          Manufacturing and Rework Facilities                   to heightened screening, oversight, and
                                             environmental health risk or safety risk.                                                                     investigations.
                                             H. Executive Order 13211: Actions                       ■ 2. Section 63.749 is amended by                     DATES: Effective July 29, 2016.
                                             Concerning Regulations That                             revising paragraph (a)(3) to read as                  FOR FURTHER INFORMATION CONTACT: Jung
                                             Significantly Affect Energy Supply,                     follows:                                              Kim, (410) 786–9370. News media
                                             Distribution or Use                                     § 63.749 Compliance dates and                         representatives must contact CMS’
                                               This action is not subject to Executive               determinations.                                       Public Affairs Office at (202) 690–6145
                                             Order 13211 because it is not a                                                                               or email them at press@cms.hhs.gov.
                                                                                                       (a) * * *                                           SUPPLEMENTARY INFORMATION:
                                             significant regulatory action under
                                             Executive Order 12866.                                    (3) Each owner or operator of a
                                                                                                     specialty coating application operation               I. Background
                                             I. National Technology Transfer and                     or handling and storage of waste                        The Affordable Care Act provided
                                             Advancement Act (NTTAA)                                 operation that begins construction or                 CMS with new tools and resources to
                                                This rulemaking does not involve                     reconstruction after February 17, 2015,               combat fraud, waste, and abuse in
                                             technical standards.                                    shall be in compliance with the                       Medicare, Medicaid, and the Children’s
                                                                                                     requirements of this subpart on                       Health Insurance Program (CHIP),
                                             J. Executive Order 12898: Federal                       December 7, 2015, or upon startup,                    including the authority to implement a
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                                             Actions To Address Environmental                        whichever is later. Each owner or                     temporary moratorium on provider
                                             Justice in Minority Populations and                     operator of a specialty coating                       enrollment in these programs. CMS uses
                                             Low-Income Populations                                  application operation or handling and                 quantitative and qualitative data to
                                                The EPA believes that this action does               storage of waste operation that is                    determine whether there is a need for a
                                             not have disproportionately high and                    existing on February 17, 2015, shall be               moratorium, such as reviewing provider
                                             adverse human health or environmental                   in compliance with the requirements of                and supplier saturation data for the area


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Document Created: 2016-08-02 23:44:05
Document Modified: 2016-08-02 23:44:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on October 3, 2016 without further notice, unless the EPA receives significant and relevant adverse comment by September 2, 2016. If the EPA receives significant and relevant adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.
ContactFor questions about this direct final action, contact Ms. Kim Teal, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-5580; fax number: (919) 541-5450;
FR Citation81 FR 51114 
RIN Number2060-AS99
CFR AssociatedEnvironmental Protection; Air Pollution Control; Hazardous Substances and Reporting and Recordkeeping Requirements

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