[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Rules and Regulations]
[Pages 15312-15315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8212]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5988-5]
RIN 2060-AH47
National Emission Standards for Hazardous Air Pollutants
Emissions: Group IV Polymers and Resins
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; extension of compliance.
-----------------------------------------------------------------------
SUMMARY: On September 12, 1996, the EPA published the Group IV Polymers
and Resins NESHAP (61 FR 48208). This action temporarily extends the
compliance date specified in 40 CFR 63.1311(c) for the provisions
contained in 40 CFR 63.1329 for existing affected sources producing
poly(ethylene terephthalate) (PET) using the continuous terephthalic
acid (TPA) high viscosity multiple end finisher process because the EPA
is in the process of responding to a request to reconsider relevant
portions of the rule (Docket Item: A-92-45; VI-A-1). The EPA is
providing this temporary extension to February 27, 2001 to complete
reconsideration and any necessary revision to the rule. The EPA is
providing this temporary extension pursuant to Clean Air Act section
301(a)(1).
DATES: The direct final rule will become effective May 20, 1998 without
further notice unless the Agency receives relevant adverse comments on
the parallel notice of proposed rulemaking by April 30, 1998. Should
the Agency receive such comments, it will publish a document informing
the public that this rule did not take effect. If relevant adverse
comments are received on the proposal, they will be addressed in a
subsequent final rule. For additional information concerning comments,
see the parallel proposal notice found in the Proposed Rules Section of
this Federal Register.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air and Radiation Docket and Information Center (6102),
Attention Docket Number A-92-45 (see docket section below), room M-
1500, U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, D.C.
[[Page 15313]]
20460. The EPA requests that a separate copy also be sent to the
contact person listed below. Comments and data may also be submitted
electronically by following the instructions provided in the
SUPPLEMENTARY INFORMATION section. No Confidential Business Information
(CBI) should be submitted through electronic mail.
Docket
The official record for this rulemaking has been established under
docket number A-92-45 (including comments and data submitted
electronically as described below). A public version of this record,
including printed, paper versions of electronic comments and data,
which does not include any information claimed as CBI, is available for
inspection between 8 a.m. and 4 p.m., Monday through Friday, excluding
legal holidays. The official rulemaking record is located at the
address in the ADDRESSES section. Alternatively, a docket index, as
well as individual items contained within the docket, may be obtained
by calling (202) 260-7548 or (202) 260-7549. A reasonable fee may be
charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Rosensteel, 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) 541-5608.
SUPPLEMENTARY INFORMATION: Electronic Filing. Electronic comments and
data can be sent directly to EPA at: a-and-r-docket@epamail.epa.gov.
Electronic comments and data must be submitted as an ASCII file
avoiding the use of special characters and any form of encryption.
Comments and data will also be accepted on diskette in WordPerfect 5.1
file format or ASCII file format. All comments and data in electronic
form must be identified by the docket number A-92-45. Electronic
comments may be filed online at many Federal Depository Libraries.
Electronic Availability
This document is available in docket number A-92-45 or by request
from the EPA's Air and Radiation Docket and Information Center (see
ADDRESSES), and is available for downloading from the Technology
Transfer Network (TTN), the EPA's electronic bulletin board system. The
TTN provides information and technology exchange in various areas of
emissions control. The service is free, except for the cost of a
telephone call. Dial (919) 541-5742 for up to a 14,000 baud per second
modem. For further information, contact the TTN HELP line at (919) 541-
5348, from 1:00 p.m. to 5:00 p.m., Monday through Friday, or access the
TTN web site at: www.epa.gov/ttn/oarpg/rules.html.
Regulated entities. Regulated categories and entities include:
------------------------------------------------------------------------
Examples of regulated
Category entities
------------------------------------------------------------------------
Industry.................................. Facilities that produce PET
using the continuous TPA
high viscosity multiple end
finisher process.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities regulated by the NESHAP addressed
in this direct final rule. If you have questions regarding the
applicability of the NESHAP addressed in this direct final rule to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
The information presented in this preamble is organized as follows:
I. Background and Rationale
II. Authority for Temporary Extension of the Compliance Date and
Reconsideration
III. Impacts
IV. Administrative Requirements
I. Background and Rationale
On September 12, 1996, the EPA published 40 CFR part 63, subpart
JJJ--Group IV Polymers and Resins NESHAP (61 FR 48208). The final rule
established a new subcategory for PET manufacture specified as the
continuous TPA high viscosity multiple end finisher subcategory. The
final rule also established standards for process contact cooling
towers (PCCT) contained in 40 CFR 63.1329 for existing affected sources
in the new subcategory. The final rule required existing affected
sources in the continuous TPA high viscosity multiple end finisher
subcategory to comply with 40 CFR 63.1329 beginning September 12, 1999
(see 40 CFR 63.1311(c)).
A petition has been submitted to the EPA requesting reconsideration
of the technical basis for establishment of the continuous TPA high
viscosity multiple end finisher subcategory (Docket Item: A-92-45; VI-
A-1). The petition presents new information related to the production
processes for the manufacture of PET that the petitioner claims calls
into question the need and justification for a separate subcategory for
the continuous TPA high viscosity multiple end finisher process. The
information presented in the petition has led the EPA to accept the
petitioner's request to reconsider the need for the continuous TPA high
viscosity multiple end finisher subcategory. When compared to the other
PET subcategories, there are two regulatory differences that pertain to
affected sources in the continuous TPA high viscosity multiple end
finisher subcategory; exemption from the equipment leaks provisions
contained in 40 CFR 63.1331 and requirements to limit the concentration
of ethylene glycol in PCCTs for existing affected sources under the
provisions contained in 40 CFR 63.1329. Because affected sources in the
continuous TPA high viscosity multiple end finisher subcategory are
exempt from the equipment leaks provisions, no action is required by
the EPA with regards to the equipment leaks provisions in response to
the request to reconsider. However, as a result of the EPA's need to
respond to the request to reconsider the need for the continuous TPA
high viscosity multiple end finisher subcategory, existing affected
sources in this subcategory cannot be certain of the final standards
for PCCTs. If the EPA finds that the continuous TPA high viscosity
multiple end finisher subcategory is not justified, existing affected
sources in this subcategory will be subject to a PCCT performance
standard that has yet to be determined. If the EPA finds that the
continuous TPA high viscosity multiple end finisher subcategory is
justified, existing affected sources in this subcategory will be
subject to the current PCCT standard, but owners or operators will have
lost considerable time in preparing for compliance.
At this time, representatives of one existing affected source in
the continuous TPA high viscosity multiple end finisher subcategory
have informed the EPA in writing (Docket Item: A-92-45; VI-D-8) that
they are on the verge of committing to capital expenditures to purchase
equipment necessary to comply with the current PCCT standard. Because
of the uncertainty of the final standards for PCCTs and the impending
need to commit to capital expenditures, representatives of this
existing affected source have requested temporary relief from the PCCT
standard. For these reasons, the EPA is providing a temporary extension
of the compliance date specified in 40 CFR 63.1311(c) from September
12, 1999, until February 27, 2001, for the provisions contained in 40
CFR 63.1329 for existing affected sources producing PET using the
continuous TPA high viscosity multiple end finisher process to allow
the EPA to fully evaluate the petition for reconsideration and take any
curative regulatory action necessary. The new compliance date is 3
years from the effective date of the rule. See 63 FR
[[Page 15314]]
9944 (February 27, 1998). Following completion of reconsideration, any
subsequent curative rulemaking will also include consideration of the
appropriate compliance date for any revised standard. This temporary
extension applies only to existing affected sources producing PET using
the continuous TPA high viscosity multiple end finisher process. It
does not affect any other provisions of the rule or any other source
categories or subcategories.
By this action, the EPA is providing, pursuant to Clean Air Act
section 301(a)(1), a temporary extension of the compliance date
specified in 40 CFR 63.1311(c) for the provisions contained in 40 CFR
63.1329, only as necessary to complete reconsideration and potential
revision of the rule. The EPA intends to complete its reconsideration
of the rule and, following the notice and comment procedures of Clean
Air Act section 307(d), take appropriate action as expeditiously as
practical. The EPA does not believe this temporary extension will, as a
practical matter, impact the overall effectiveness of the rule.
Following the EPA's reconsideration of the rule, the EPA will
establish a new compliance date for the provisions contained in 40 CFR
63.1329 that is most likely to be beyond the current compliance date of
September 12, 1999. Such an extension beyond September 12, 1999 is
likely to be necessary for the following reasons. As discussed earlier,
if the EPA finds that the continuous TPA high viscosity multiple end
finisher subcategory is not justified, existing affected sources in
this subcategory will be subject to a PCCT performance standard that
has yet to be determined. Development of any such standard will include
evaluation of how much time will be needed for compliance. On the other
hand, if the EPA finds that the continuous TPA high viscosity multiple
end finisher subcategory is justified, existing affected sources in
this subcategory will be subject to the current PCCT standard but will
have lost considerable time in preparing for compliance by the
September 12, 1999 compliance date. In such a case additional time
beyond the September 12, 1999 compliance date may be required.
II. Authority for Temporary Extension of the Compliance Date and
Reconsideration
The temporary extension of the compliance date specified in 40 CFR
63.1311(c) for the provisions contained in 40 CFR 63.1329 for existing
affected sources producing PET using the continuous TPA high viscosity
multiple end finisher process is being undertaken pursuant to Clean Air
Act section 301(a)(1). Reconsideration is being undertaken pursuant to
Clean Air Act section 307(d)(7)(B). Reconsideration is appropriate if
the grounds for an objection arose after the period for public comment
and if the objection is of central relevance to the outcome of the
rule.
The grounds for reconsideration of this rule arose after
publication of the final rule. Therefore, the EPA is providing a
temporary extension of the compliance date specified in 40 CFR
63.1311(c) for the provisions contained in 40 CFR 63.1329 for existing
affected sources producing PET using the continuous TPA high viscosity
multiple end finisher process in order to allow time to reconsider the
issues raised by the petitioner. This reconsideration was undertaken
pursuant to Clean Air Act section 307(d)(7)(B).
III. Impacts
The extension of the compliance date for PCCTs at existing affected
sources producing PET using the continuous TPA high viscosity multiple
end finisher process will not affect the eventual annual estimated
emissions reduction or the control cost for the rule.
IV. Administrative
A. Paperwork Reduction Act
For the Group IV Polymers and Resins NESHAP, the information
collection requirements were submitted to the Office of Management and
Budget (OMB) under the Paperwork Reduction Act. The OMB approved the
information collection requirements and assigned OMB control number
2060-0351. 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 the
EPA's regulations are listed in 40 CFR Part 9. The EPA has amended 40
CFR Part 9, Section 9.1, to indicate the information collection
requirements contained in the Group IV Polymers and Resins NESHAP.
This action has no impact on the information collection burden
estimates made previously. Therefore, the ICR has not been revised.
B. Executive Order 12866 Review
Under Executive Order 12866, the EPA must determine whether the
regulatory action is ``significant'' and therefore, subject to 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:
(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 direct final rule will provide a temporary extension of the
compliance date specified in 40 CFR 63.1311(c) for the provisions
contained in 40 CFR 63.1329 for existing affected sources producing PET
using the continuous TPA high viscosity multiple end finisher process.
The direct final rule does not add any additional control requirements.
Therefore, this direct final rule was classified ``non-significant''
under Executive Order 12866 and was not required to be reviewed by OMB.
C. Regulatory Flexibility
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule. EPA has also
determined that this rule will not have a significant impact on a
substantial number of small entities because the temporary compliance
extension would not impose any economic burden on any regulated
entities.
D. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate, or to the private sector, of $100
million or more. Under Section 205, the EPA must select the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires the EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
[[Page 15315]]
The EPA has determined that this direct final rule does not include
a Federal mandate that may result in estimated costs of $100 million or
more to either State, local, or tribal governments in the aggregate, or
to the private sector. Therefore, the requirements of the Unfunded
Mandates Act do not apply to this action.
E. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule 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: March 23, 1998.
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.
Subpart JJJ--National Emission Standards for Hazardous Air
Pollutant Emissions: Group IV Polymers and Resins
2. Section 63.1311 is amended by revising paragraph (c)
introductory text to read as follows:
Sec. 63.1311 Compliance schedule and relationship to existing
applicable rules.
* * * * *
(c) Existing affected sources shall be in compliance with this
subpart (except for Sec. 63.1331 for which compliance is covered by
paragraph (d) of this section) no later than September 12, 1999, as
provided in Sec. 63.6(c), unless an extension has been granted as
specified in paragraph (e) of this section, except that the compliance
date for the provisions contained in 40 CFR 63.1329 is temporarily
extended from September 12, 1999, to February 27, 2001, for existing
affected sources whose primary product, as determined using the
procedures specified in Sec. 63.1310(f), is PET using a continuous
terephthalic acid high viscosity multiple end finisher process.
* * * * *
[FR Doc. 98-8212 Filed 3-30-98; 8:45 am]
BILLING CODE 6560-50-P
