[Federal Register Volume 60, Number 18 (Friday, January 27, 1995)]
[Rules and Regulations]
[Pages 5320-5321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2129]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5147-1]
RIN 2060-AC19
National Emission Standards for Hazardous Air Pollutants for
Source Categories; Organic Hazardous Air Pollutants From the Synthetic
Organic Chemical Manufacturing Industry and Other Processes Subject to
the Negotiated Regulation for Equipment Leaks; Extension of Compliance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; extension of compliance.
-----------------------------------------------------------------------
SUMMARY: On October 24 and 28, 1994, EPA announced a partial 3-month
stay and reconsideration of certain aspects of the ``National Emission
Standards for Hazardous Air Pollutants From the Synthetic Organic
Chemical Manufacturing Industry and Other Processes Subject to the
Negotiated Regulation for Equipment Leaks'' 59 FR 19402 (April 22,
1994) and 59 FR 29196 (June 6, 1994) (collectively known as the
``hazardous organics NESHAP'' or the ``HON''). The EPA also proposed,
pursuant to Clean Air Act section 301(a)(1), 42 U.S.C. 7601(a)(1), to
extend temporarily the applicable compliance dates for sources subject
to the stay, but only as necessary to complete the two reconsiderations
(including appropriate regulatory action) of the rule in question. The
EPA received no adverse public comment on either of the two proposed
short-term compliance extensions. The EPA is extending the compliance
dates until April 24, 1995. A short-term extension of this nature is
well within the 3-year period allowed by the Act.
EFFECTIVE DATE: January 27, 1995.
FOR FURTHER INFORMATION CONTACT: Dr. Janet S. Meyer, Emission Standards
Division (MD-13), U.S. Environmental Protection Agency, Office of Air
Quality Planning and Standards, Research Triangle Park, North Carolina
27711, telephone number (919) 541-5254.
SUPPLEMENTARY INFORMATION:
I. Compliance Extension
On October 24, 1995 (59 FR 53359) EPA announced that, pursuant to
Clean Air Act section 307(d)(7)(B), it is reconsidering certain
portions of the HON rule. The October 24, 1995 administrative stay
applied only to those source owners or operators who make a
representation in writing that resolution of the area source definition
issues could affect whether the facility is subject to the HON. Readers
should refer to that notice for a complete discussion of the background
and rule affected.
On October 28, 1995 (59 FR 54131), EPA announced an administrative
stay of the effectiveness of the provisions for compressors and for
surge control vessels and bottoms receivers for sources subject to the
October 24, 1994 compliance date pending reconsideration of those
provisions. Readers should refer to that notice and the associated
proposed amendments to subpart H (59 FR 54154) for a complete
discussion of the background and the proposed changes to the rule.
Along with both notices of partial stay and reconsideration, EPA
also proposed to extend the compliance dates beyond the 3 months
provided, as necessary to complete reconsideration and revision of the
rule in question.
Ten comment letters were received on each of the two notices of
partial stay and reconsideration. No adverse [[Page 5321]] comments
were received on either proposal to extend the compliance dates beyond
3 months, if necessary, in order to complete reconsideration and
revision of the rules in question. As EPA finds that it is not able to
complete the reconsideration and the regulatory action to the rule
within the 3 month period, EPA is extending the compliance date until
April 24, 1995. The EPA expects to complete the regulatory action on
both petitions for reconsideration before the April compliance date.
II. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of the actions taken by this final rule is available only on the filing
of a petition for review in the U.S. Court of Appeals for the District
of Columbia Circuit within 60 days of today's publication of this
action. Under section 307(b)(2) of the CAA, the requirements that are
subject to today's notice may not be challenged later in civil or
criminal proceedings brought by EPA to enforce these requirements.
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this rule will not have a significant economic impact on a
substantial number of small business entities.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances.
Dated: January 23, 1995.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, part 63 of Chapter I of
title 40 of the Code of Federal Regulations is amended as follows.
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 63.100 is amended by revising paragraphs (n) and (o) to
read as follows:
Sec. 63.100 Applicability and designation of source.
* * * * *
(n) Rules Stayed for Reconsideration. Notwithstanding any other
provision of this subpart, the effectiveness of subpart F is stayed
from October 24, 1994, to April 24, 1995 only as applied to those
sources for which the owner or operator makes a representation in
writing to the Administrator that the resolution of the area source
definition issues could have an effect on the compliance status of the
source with respect to subpart F.
(o) Sections Stayed for Reconsideration. Notwithstanding any other
provision of this subpart, the effectiveness of Secs. 63.164 and 63.170
of subpart H is stayed from October 28, 1994 to April 24, 1995 only as
applied to those sources subject to Sec. 63.100(k)(3) (i) and (ii).
3. Section 63.110 is amended by revising paragraph (g) to read as
follows:
Sec. 63.110 Applicability.
* * * * *
(g) Rules Stayed for Reconsideration. Notwithstanding any other
provision of this subpart, the effectiveness of subpart G is stayed
from October 24, 1994, to April 24, 1995 only as applied to those
sources for which the owner or operator makes a representation in
writing to the Administrator that the resolution of the area source
definition issues could have an effect on the compliance status of the
source with respect to subpart G.
4. Section 63.160 is amended by revising paragraph (d) to read as
follows:
Sec. 63.160 Applicability and designation of source.
* * * * *
(d) Rules Stayed for Reconsideration. Notwithstanding any other
provision of this subpart, the effectiveness of subpart H is stayed
from October 24, 1994, to April 24, 1995 only as applied to those
sources for which the owner or operator makes a representation in
writing to the Administrator that the resolution of the area source
definition issues could have an effect on the compliance status of the
source with respect to subpart H.
5. Section 63.190 is amended by revising paragraphs (h) and (i) to
read as follows:
Sec. 63.190 Applicability and designation of source.
* * * * *
(h) Rules Stayed for Reconsideration. Notwithstanding any other
provision of this subpart, the effectiveness of subpart I is stayed
from October 24, 1994, to April 24, 1995 only as applied to those
sources for which the owner or operator makes a representation in
writing to the Administrator that the resolution of the area source
definition issues could have an effect on the compliance status of the
source with respect to subpart I.
(i) Sections Stayed for Reconsideration. Notwithstanding any other
provision of this subpart, the effectiveness of Secs. 63.164 and 63.170
of subpart H is stayed from October 28, 1994 to April 24, 1995 only as
applied to those sources subject to Sec. 63.190(e)(2).
[FR Doc. 95-2129 Filed 1-24-95; 4:13 pm]
BILLING CODE 6560-50-P
