[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Rules and Regulations]
[Pages 35023-35029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16635]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6369-9]
RIN 2060-AH47
National Emission Standards for Hazardous Air Pollutants: Group I
Polymers and Resins and Group IV Polymers and Resins
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule: notice of stay.
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SUMMARY: The EPA is taking direct final action to indefinitely stay the
compliance dates for portions of the national emission standards for
hazardous air pollutants (NESHAP) for Group I Polymers and Resins and
Group IV Polymers and Resins. This direct final rule stays,
indefinitely, the compliance dates for existing affected sources and
new affected sources with an initial start up date on or after March 9,
1999, which are subject to the Group I Polymers and Resins and Group IV
Polymers and Resins NESHAP
[[Page 35024]]
requirements for all emission points except equipment leaks. This stay
will remain in effect until the date that the amendments to these rules
(which were proposed on March 9, 1999) are promulgated, at which point
the EPA will publish new compliance dates for these affected sources.
The EPA is issuing this stay of the compliance dates for existing
affected sources and for new affected sources with an initial start up
date on or after March 9, 1999, because of the significant amendments
to these NESHAP that were proposed on March 9, 1999. It is unlikely
that those amendments will be promulgated before the compliance dates
for existing affected sources subject to Group I and Group IV Polymers
and Resins regulations (September 5, 1999, and September 12, 1999,
respectively).
DATES: This direct final rule is effective on August 30, 1999 without
further notice unless EPA receives adverse comments by July 30, 1999.
Should EPA receive such comments, it will publish a timely withdrawal
informing the public that this rule will not take effect.
ADDRESSES: Comments. Written comments should be submitted (in
duplicate, if possible) to: Air and Radiation Docket and Information
Center (6102), Attention Docket Number A-92-44 (Group I Polymers and
Resins) and/or Docket Number A-92-45 (Group IV Polymers and Resins),
Room M-1500, U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, DC 20460. The EPA requests that a separate copy of each
public comment be sent to the contact person listed below (see FOR
FURTHER INFORMATION CONTACT). Comments may also be submitted
electronically by following the instructions provided in SUPPLEMENTARY
INFORMATION.
Docket. Docket numbers A-92-44 and A-92-45, containing information
relevant to this direct final rule, are available for public inspection
between 8:00 a.m. and 5:30 p.m., Monday through Friday (except for
Federal holidays) at the following address: U.S. Environmental
Protection Agency, Air and Radiation Docket and Information Center (MC-
6102), 401 M Street, SW, Washington, DC 20460. The docket is located at
the above address in Room M-1500, Waterside Mall (ground floor).
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 E. Rosensteel, Organic
Chemicals Group, Emission Standards Division (MD-13), Office of Air
Quality Planning and Standards, U.S. EPA, Research Triangle Park, North
Carolina 27711, telephone number (919) 541-5608, electronic mail
address rosensteel.bob@epa.gov.
SUPPLEMENTARY INFORMATION:
Plain Language
In compliance with President Clinton's June 1, 1998 Executive
Memorandum on Plain Language in government writing, this notice is
written using plain language. Thus, the use of ``we'' in this notice
refers to EPA. The use of ``you'' refers to the reader, and may include
industry; State, local, and tribal governments; environmental groups;
and other interested individuals.
Regulated Entities
Entities potentially regulated by this direct final rule include:
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Category Examples of regulated entities
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Industry............................... Butyl Rubber, Halobutyl Rubber,
Epichlorohydrin Elastomer,
Ethylene Propylene Rubber,
HypalonTM, Neoprene, Nitrile
Butadiene Rubber, Nitrile
Butadiene Latex, Polybutadiene
Rubber, Styrene-Butadiene
Rubber or Latex, Acrylonitrile
Butadiene Styrene Resin,
Styrene Acrylonitrile Resin,
Methyl Methacrylate
Acrylonitrile Butadiene
Styrene Resin, Methyl
Methacrylate Butadiene Styrene
Resin, Poly(ethylene
terephthalate) Resin,
Polystyrene Resin, and Nitrile
Resin producers.
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This table is not intended to be exhaustive, but rather provides a
guide regarding entities likely to be affected by this action. To
determine whether your facility is regulated by this direct final rule,
you should carefully examine the applicability criteria in 40 CFR
63.480 and 63.1310. If you have any questions regarding the
applicability of this direct final rule to a particular entity, consult
the person listed in the preceding FOR FURTHER INFORMATION CONTACT
section.
Electronic Access and Filing Addresses
You can get this notice, the promulgated texts, and other
background information in Docket Numbers A-92-44 and A-92-45 by request
from EPA's Air and Radiation Docket and Information Center (see
ADDRESSES). You can also access materials through the EPA web site at:
http://www.epa.gov/ttn/oarpg. For further information and general
questions regarding the Technology Transfer Network (TTN), you can call
Mr. Hersch Rorex (919) 541-5637 or Mr. Phil Dickerson (919) 541-4814.
If you send comments by electronic mail (e-mail) to ``docket@epamail.epa.gov,'' they should be in an ASCII file, and the file
should not use special characters or encryption. We will also accept
comments and data on diskette in WordPerfect 5.1 or 6.1 or ASCII file
format. You may file comments on the proposed rule online at many
Federal Depository Libraries. Identify all comments and data in
electronic form by the docket numbers A-92-44 and/or A-92-45. Do not
send any confidential business information through electronic mail.
The following outline is provided to aid you in reading the
preamble to the direct final rule.
I. Why are we taking this action?
II. Who does this stay impact?
III. What are the administrative requirements for this direct final
rule?
I. Why are we taking this action?
On September 5, 1996 and September 12, 1996, we promulgated NESHAP
for Group I Polymers and Resins and Group IV Polymers and Resins as
subparts U (Group I) and JJJ (Group IV) in 40 CFR part 63. These
regulations require Group I Polymers and Resins existing affected
sources, with certain exceptions (listed in Sec. 63.481(d)), to be in
compliance with the equipment leak provisions in Sec. 63.502 by July
31, 1997. Likewise these regulations require Group IV Polymers and
Resins existing affected sources, with certain exceptions (listed in
Sec. 63.1311(d)) to be in compliance with the equipment leak provisions
in Sec. 63.1331 by February 27, 2001. The Group I Polymers and Resins
NESHAP also requires that existing affected sources comply with the
nonequipment leak provisions in subpart U by September 5, 1999. Group
IV existing affected sources subject to subpart JJJ are required to
comply with the nonequipment leak provisions in subpart JJJ by
September 12, 1999.
Under 40 CFR parts 63.481 and 63.1311, with the exception of new
sources producing PET, new affected sources are required to comply with
all provisions of the applicable rules upon initial start-up, or by
September 5, 1996 or February 27, 1998 (respectively), whichever is
later. New affected sources producing PET are required to be in
compliance with all nonequipment leak provisions at initial start-up
and with the equipment leak provisions by
[[Page 35025]]
February 27, 2001. Sections 63.481 and 63.1311 provide specific
compliance dates for all emission points.
As a result of litigation proceedings and changes necessary due to
amendments to the Hazardous Organics NESHAP (HON), which were
promulgated on January 17, 1997 (62 FR 6722), significant amendments to
these NESHAP were proposed on March 9, 1999 (64 FR 11560). Those
amendments were necessary due to the fact that both subparts U and JJJ
reference a substantial number of the HON requirements, and those
requirements changed significantly in the January 17, 1997, promulgated
amendments.
We are currently summarizing and evaluating comments on the March
9, 1999, proposed amendments. As noted above, for existing affected
sources subject to subparts U and JJJ, the compliance dates for all
equipment, except components subject to the equipment leak provisions,
are in September 1999 (September 5, 1999, for subpart U and September
12, 1999, for subpart JJJ). While we are uncertain of the exact date
that we will promulgate these amendments, we expect that it will be
after the compliance dates noted above. We believe that requiring
existing affected sources to come into compliance with a regulation
that is soon-to-be-amended, to a considerable degree, presents a
significant and unnecessary burden for affected sources and enforcement
agencies. We also believe that new affected sources, starting up on or
after March 9, 1999, should be treated the same way that new sources
are treated that start up after the proposal of a regulation (i.e.,
they must comply at promulgation or start-up, whichever is later). We
also believe that requiring these new sources to begin to comply with
the provisions of a soon-to-be-amended regulation would result in a
significant and unnecessary burden.
We are publishing this direct final rule without prior proposal
because we view these amendments to be noncontroversial, and we
anticipate no adverse comments on these amendments. This direct final
rule is of a relatively short time frame (likely well under 1 year),
and it would avoid imposing the significant burden of requiring owners
and operators to comply with one version of a rule for a period of
months only to impose different compliance provisions at promulgation
of the amendments. We are publishing this rule as a direct final rule
because we believe that the ``indefinite stay'' of these compliance
dates should become effective as soon as possible, to allow owners or
operators that have started up, or that plan to start up, a new
affected source this spring or summer to focus on compliance with the
final amended versions of the regulations. However, in the ``Proposed
Rules'' section of today's Federal Register, we are publishing a
separate document that will serve as a proposal to stay the subparts U
and JJJ compliance dates for existing affected sources and to establish
new compliance dates for new affected sources with an initial start up
date on or after March 9, 1999, if adverse comments are filed on this
direct final rule. This rule will be effective on August 30, 1999
without further notice unless we receive adverse comment by July 30,
1999. If a significant adverse comment applies to an amendment,
paragraph, or section of this rule and that provision may be addressed
separately from the remainder of the rule, we may adopt as final those
provisions of the rule that are not the subject of a significant
adverse comment and withdraw those provisions that did receive adverse
comment. For any provisions that are withdrawn, we will address all
public comments in a subsequent final rule based on the proposed rule.
We will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time.
We do not anticipate that the amendments proposed on March 9, 1999,
will alter the type or identity of sources subject to the regulation.
However, the amendments do affect how owners or operators of those
sources must comply with the requirements in subpart U or JJJ.
Without today's stay of the compliance dates, owners or operators
of existing affected sources subject to subpart U or JJJ would have to
comply by this September (September 1999) with the regulations as they
were promulgated in 1996. New affected sources starting up in spring or
summer of 1999 would have to comply with the September 1996 promulgated
requirements, upon initial start up. Soon thereafter, we will
promulgate amendments to 40 CFR part 63, subparts U and JJJ, which will
likely contain different compliance demonstration requirements.
Examples of potential situations that could arise if we did not take
action to stay the compliance dates for these regulations are provided
below.
The regulations promulgated in 1996 specify that compliance tests
be conducted at ``maximum representative'' operating conditions. The
owner or operator, who is required to select the maximum representative
conditions for a performance test based on the 1996 version of the
regulation, would conduct the test shortly after the September 1999
compliance date. We did not propose to change this requirement in our
March 9, 1999 action, but we did propose provisions that clarify what
are maximum representative operating conditions. If the conditions
originally selected by the owner or operator, based on the 1996
regulations, did not meet the amended definition, the owner or operator
may be required to conduct another performance test.
The regulations promulgated in 1996 require an owner or operator to
base the group determination for batch process vents on the ``worst-
case hazardous air pollutant (HAP) emitting product.'' For a Group 2
batch process vent, the regulations require that the owner or operator
establish and comply with a ``batch cycle limitation,'' to ensure that
the Group 2 vent does not become Group 1. The proposed amendments
change the basis for the group determination for batch process vents to
the ``highest-HAP recipe,'' and replace the batch cycle limitation with
a ``batch mass input limitation.''
Without today's stay of the compliance dates, the following
scenario could be encountered by owners and operators of batch process
vents. Prior to the September 1999 compliance dates (existing affected
sources) or initial start-up (new affected sources), an owner or
operator would need to determine the group status for each batch
process vent. This presumably means an owner or operator would need to
``model'' all formulations to see which formulation emits the most HAP,
in order to make a group determination. However, that group
determination will be irrelevant once we promulgate the amendments to
subparts U and JJJ. Today's Direct Final Rule removes the burden that
such a scenario would impose.
According to the September 1996 promulgated requirements for Group
2 batch process vents, the owner or operator needs to establish a batch
cycle limitation and to begin tracking batch cycles. The owner or
operator would also be required to record and report the group
determination results and the batch cycle limitation.
Following promulgation of the proposed amendments, records of the
``new'' group determination (based on the highest-HAP recipe) would be
required, a batch mass input limitation would need to be established,
and tracking of the mass input to each unit operation would need to be
conducted. Notwithstanding the owner or operator's
[[Page 35026]]
considerable prior efforts in establishing a group determination, the
owner or operator would then be compelled to conduct and establish an
entirely new group determination and to establish a batch mass input
limitation.
The wastewater provisions provide another example of potential
problems that should be resolved by today's Direct Final Rule. Subparts
U and JJJ both directly reference the HON wastewater provisions, and
provide a list of exceptions to the HON requirements. After the
September 1996 promulgation of subparts U and JJJ, we proposed and
promulgated significant amendments to the HON wastewater provisions.
Therefore, some of the specific HON wastewater paragraphs which are
cited in subparts U and JJJ have been moved, while some cited
paragraphs no longer exist. Therefore, an owner or operator attempting
to comply with the wastewater provisions in subpart U (Sec. 63.501) or
subpart JJJ (Sec. 63.1330) as promulgated in September 1996 would be
faced with this list of incorrect exceptions and citations. On March 9,
1999, we proposed to amend the wastewater exceptions and cross-
references, in accordance with the promulgated HON amendments.
We do not believe that owners or operators of affected sources
should be placed in situations like those described above. Further, you
should not be compelled to comply with regulatory provisions that we
have deemed to be defective and in need of revision. We also do not
believe that it would be prudent for agencies enforcing this regulation
to expend resources enforcing requirements that will be changing soon
after the compliance date. Therefore, we believe that the most
reasonable action is to stay the compliance dates indefinitely, until
new compliance dates can be put forth in the promulgated amendments.
II. Who does this stay impact?
We are issuing a stay of the existing source compliance dates for
the Group I (subpart U) and Group IV (subpart JJJ) Polymers and Resins
NESHAP for all emission points, except for those components subject to
the equipment leak provisions. Specifically, we are staying the
provisions in 40 CFR 63.481(c) and (d)(6), and in 40 CFR 63.1311(c), by
adding a note at the end of each of these paragraphs, explaining that
these compliance dates are stayed indefinitely. In a similar manner, we
are also staying the compliance dates for new affected sources with an
initial start-up date on or after March 9, 1999, by adding a note at
the end of 40 CFR 63.481(b) and 40 CFR 63.1311(b).
This stay will impact you if you are the owner or operator of an
existing or new (on or after March 9, 1999) affected source subject to
either the Group I or Group IV Polymers and Resins NESHAP. You will not
be required to comply with the requirements for storage vessels,
process vents, back-end process operations (subpart U only), heat
exchange systems, or wastewater by September 5, 1999 or September 12,
1999, respectively. Also, you will not be required to comply with the
associated monitoring, recordkeeping, or reporting provisions at that
time. When the final amendments to the regulations are promulgated, we
will publish the new compliance dates, providing you with a reasonable
amount of time in which to comply with the amended regulations. We will
use information submitted by commenters in response to our request for
comments on this topic in the March 9, 1999, proposal of amendments (64
FR 11573) to determine what constitutes a ``reasonable amount of time''
before promulgating those amendments. We also plan to specify how and
when any reports that are due prior to the compliance date (e.g., the
Precompliance Report or the Emissions Averaging Plan) are to be
submitted. This Direct Final Rule does not stay the compliance date in
40 CFR part 63, subpart JJJ for process contact cooling tower
provisions at existing affected sources that produce PET using a
continuous terephthalic acid high viscosity multiple end finisher
process, because that compliance date was previously extended until
February 27, 2001.
If you are the owner or operator of an existing source that is
subject to either the Group I or Group IV Polymers and Resins NESHAP,
you should already be in compliance with the equipment leak provisions
associated with those NESHAP, unless you have received a compliance
extension or are a producer of PET. This Direct Final Rule does not
impact the compliance dates for those equipment leak provisions. You
will need to continue to comply with those equipment leak provisions,
along with all the associated monitoring, recordkeeping, and reporting
requirements. For PET producers, the existing source compliance date
for the equipment leak provisions is February 27, 2001.
At promulgation of the March 9, 1999 proposed amendments, we will
also publish the compliance dates that apply to new affected sources
subject to the Group I and Group IV Polymers and Resins NESHAP. We will
amend Secs. 63.481(b) and 63.1311(b) to specify the compliance date for
new sources that have an initial start up date on or after March 9,
1999. The February 27, 2001, compliance date for the equipment leaks
provisions for new affected sources producing PET will not be affected
by the promulgation of the amendments to subparts U and JJJ.
Therefore, if you are the owner or operator of a new affected
source that has an initial start-up date on or after March 9, 1999, but
before the new compliance date which will be specified in the
promulgated amendments, you will not be required to comply with any
provisions of the rule upon initial start-up. Instead, you will be
required to be in compliance with the requirements for new affected
sources on the compliance date published in the promulgated amendments.
If you will have an initial start-up date after the compliance date
described in the promulgated amendments, then you will be required to
comply with the requirements for new affected sources on the date of
your initial start-up.
If you are the owner or operator of a new affected source that had
an initial start up date prior to March 9, 1999, you should already be
in compliance with all aspects of the applicable regulation (with the
exception of owners or operators of PET sources, who are not yet
required to be in compliance with the equipment leak provisions). This
Direct Final Rule does not impact the provisions for new affected
sources with an initial start-up prior to March 9, 1999. You will need
to continue to comply with the September 1996 promulgated requirements,
along with all the associated monitoring, recordkeeping, and reporting
requirements. Further, you will need to come into compliance with the
promulgated amendments on the compliance date published in the
promulgated amendments for new affected sources.
III. What are the administrative requirements for this direct final
rule?
A. Docket
The dockets are organized and complete files of all the information
submitted to or otherwise considered by EPA in the development of the
final standards. The principal purposes of the docket are to allow
interested parties to readily identify and locate documents so that
they can intelligently and effectively participate in the rulemaking
process; and to serve as the record in case of judicial review (except
for interagency review materials (section 307(d)(7)(A)).
[[Page 35027]]
B. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to 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 result in
standards 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, 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 EPA has determined that this direct final rule does not meet
any of the criteria enumerated above and therefore, does not constitute
a ``significant regulatory action'' under the terms of Executive Order
12866.
C. Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that is determined to be ``economically significant'' as
defined under Executive Order 12866, and concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. This direct final rule is
not subject to Executive Order 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.
D. Paperwork Reduction Act
For both the Group I and Group IV Polymers and Resins NESHAP, the
information collection requirements (ICRs) were submitted to OMB under
the Paperwork Reduction Act. At promulgation, OMB had already approved
the ICR for the Group IV Polymers and Resins NESHAP and assigned OMB
control number 2060-0351. Subsequently, OMB approved the ICR for the
Group I Polymers and Resins NESHAP, and on July 15, 1997 (62 FR 37720)
assigned OMB control number 2060-0356.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. The EPA
has amended 40 CFR 9.1 to indicate the ICRs contained in the Group I
and IV Polymers and Resins NESHAP.
The amendments to the NESHAP contained in this direct final rule
should have no impact on the information collection burden estimates
made previously. Therefore, the ICRs have not been revised.
E. Regulatory Flexibility Act
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with this direct final
rule. The EPA has also determined that this direct final rule will not
have a significant adverse economic impact on a substantial number of
small businesses, as it only stays the compliance dates for certain
sources and imposes no additional regulatory requirements on owners or
operators of affected sources.
F. 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. The EPA will submit a report containing this direct
final 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
direct final rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
G. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that this direct final rule does not contain
a Federal mandate that may result in expenditures of $100 million or
more for State, local, and tribal governments, in aggregate, or the
private sector in any 1 year, nor does this direct final rule
significantly or uniquely impact small governments, because it contains
no requirements that apply to such governments or impose obligations
upon them. Thus, the requirements of the UMRA do not apply to this
direct final rule.
H. Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a
[[Page 35028]]
mandate upon a State, local, or tribal governments, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by those governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 12875
requires EPA to provide to OMB a description of the extent of EPA's
prior consultation with representatives of affected State, local, and
tribal governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's direct final rule does not create a mandate on State,
local, or tribal governments. This direct final rule does not impose
any enforceable duties on these entities. Accordingly, the requirements
of section 1(a) of Executive Order 12875 do not apply to this direct
final rule.
I. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to OMB, in a separately identified section of
the preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected and
other representatives of Indian tribal governments ``to provide
meaningful and timely input in the development of regulatory policies
on matters that significantly or uniquely affect their communities.''
This direct final rule does not significantly or uniquely affect
the communities of Indian tribal governments. Further, the direct final
rule, provided herein, does not significantly alter the control
standards imposed by subpart U or subpart JJJ for any source, including
any that may affect communities of the Indian tribal governments.
Accordingly, the requirements of section 3(b) of Executive Order 13084
do not apply to this direct final rule.
J. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) directs all Federal agencies to use voluntary
consensus standards instead of government-unique standards in their
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., material specifications, test methods,
sampling and analytical procedures, business practices, etc.) that are
developed or adopted by one or more voluntary consensus standards
bodies. Examples of organizations generally regarded as voluntary
consensus standards bodies include the American Society for Testing and
Materials (ASTM), the National Fire Protection Association (NFPA), and
the Society of Automotive Engineers (SAE). The NTTAA requires Federal
agencies like EPA to provide Congress, through OMB, with explanations
when an agency decides not to use available and applicable voluntary
consensus standards.
This action does not involve the promulgation of any new technical
standards. Therefore, NTTAA requirements are not applicable to today's
direct final rule.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: June 24, 1999.
Carol M. Browner,
Administrator.
Title 40 of the Code of Federal Regulations, chapter I, part 63 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 U--National Emission Standards for Hazardous Air Pollutant
Emissions: Group I Polymers and Resins
2. Amend Sec. 63.481 by revising paragraphs (b), (c) and (d)(6), to
read as follows:
Sec. 63.481 Compliance schedule and relationship to existing
applicable rules.
* * * * *
(b) New affected sources that commence construction or
reconstruction after June 12, 1995 shall be in compliance with this
subpart upon initial start up or September 5, 1996, whichever is later,
as provided in Sec. 63.6(b) of subpart A.
[Note: The compliance date for new affected sources with an
initial start-up date on or after March 9, 1999 is stayed
indefinitely. The EPA will publish a document in the Federal
Register establishing a new compliance date for new affected sources
with an initial startup date on or after March 9, 1999.]
* * * * *
(c) Existing affected sources shall be in compliance with this
subpart (except for Sec. 63.502 for which compliance is covered by
paragraph (d) of this section) no later than 3 years after September 5,
1996, as provided in Sec. 63.6(c) of subpart A, unless an extension has
been granted as specified in paragraph (e) of this section.
[Note: The compliance date of September 5, 1999 for existing
affected sources, except for emission points addressed under
Sec. 63.502, which are covered by paragraph (d) of this section, is
stayed indefinitely. The EPA will publish a document in the Federal
Register establishing a new compliance date for existing affected
sources.]
(d) * * *
(6) Compliance with the heat exchange system provisions of
Sec. 63.104, as required in Sec. 63.502(f), shall occur no later than
September 5, 1999.
[Note: The compliance date of September 5, 1999 for the heat
exchange provisions at existing affected sources is stayed
indefinitely. The EPA will publish a document in the Federal
Register establishing a new compliance date for heat exchange
provisions at existing affected sources.]
* * * * *
Subpart JJJ--National Emission Standards for Hazardous Air
Pollutant Emissions: Group IV Polymers and Resins
3. Amend Sec. 63.1311 by revising paragraphs (b) and (c) to read as
follows:
Sec. 63.1311 Compliance schedule and relationship to existing
applicable rules.
* * * * *
[[Page 35029]]
(b) New affected sources that commence construction or
reconstruction after March 29, 1995 shall be in compliance with this
subpart upon initial start-up or February 27, 1998, whichever is later,
as provided in Sec. 63.6(b), except that new affected sources whose
primary product, as determined using the procedures specified in
Sec. 63.1310(f), is poly(ethylene terephthalate) (PET) shall be in
compliance with Sec. 63.1331 upon initial start-up or February 27,
2001, whichever is later.
[Note: The compliance date for new affected sources with an
initial start-up date on or after March 9, 1999 is stayed
indefinitely. The EPA will publish a document in the Federal
Register establishing a new compliance date for new affected sources
with an initial start-up date on or after March 9, 1999.]
(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 Sec. 63.1329 is extended from
September 12, 1999 to February 27, 2001, for existing affected sources
whose primary product, as determined using the procedures specified in
63.1310(f), is PET using a continuous terephthalic acid high viscosity
multiple end finisher process.
[Note: The compliance date of September 12, 1999 for existing
affected sources, except for emission points addressed under
Sec. 63.1331, which are covered by paragraph (d) of this section, is
stayed indefinitely. The EPA will publish a document in the Federal
Register establishing a new compliance date for existing affected
sources.]
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[FR Doc. 99-16635 Filed 6-29-99; 8:45 am]
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