[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25740]
[[Page Unknown]]
[Federal Register: October 24, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5092-3]
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
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed amendments.
-----------------------------------------------------------------------
SUMMARY: In the Rules Section of today's Federal Register, EPA is
announcing a partial 3-month stay and reconsideration 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 is issuing the
stay pursuant to Clean Air Act section 307(d)(7)(B), 42 U.S.C.
7606(d)(7)(B), which provides the Administrator authority to stay the
effectiveness of a rule during reconsideration. This administrative
stay applies only to those source owners or operators who make a
representation in writing to the Administrator that the resolution of
the area source definition issues could affect whether the facility is
subject to the HON.
This notice proposes, pursuant to Clean Air Act section 301(a)(1),
42 U.S.C. 7601(a)(1), to temporarily extend the applicable compliance
dates for sources subject to the stay, but only as necessary to
complete reconsideration (including appropriate regulatory action) of
the rule in question. Pursuant to the rulemaking procedures set forth
in the Clean Air Act section 307(d), 42 U.S.C. 7607(d), EPA hereby
requests public comment on this proposed short-term compliance
extension. A short-term extension of this nature is well within the 3-
year period allowed by the Act.
DATES: Comments. Comments must be received on or before November 23,
1994.
Public Hearing. Anyone requesting a public hearing must contact the
EPA no later than November 23, 1994. If a hearing is held, it will take
place on December 5, 1994 beginning at 10 a.m.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air Docket (LE-131), Attention Docket Number A-90-19 (see
docket section below), room M-6102, U.S. Environmental Protection
Agency, 401 M Street, Southwest, Washington, DC 20460. The EPA requests
that a separate copy also be sent to the contact person listed below.
Public Hearing. If a public hearing is held, it will be held at the
EPA's Office of Administration Auditorium, Research Triangle Park,
North Carolina. Persons interested in attending the hearing or wishing
to present oral testimony should notify Ms. Theresa Adkins, U.S.
Environmental Protection Agency, Research Triangle Park, N.C. 27711,
telephone (919) 541-5645.
Docket. All information used in the development of this proposal is
contained in the preamble below. However, Dockets No. A-90-19 through
A-90-23, and A-89-10, containing the supporting information for the
original NESHAP, is available for public inspection and copying between
8:30 a.m. and 3:30 p.m., Monday through Friday, at EPA's Air Docket
Section, Waterside Mall, room M-1500, first floor, 401 M Street SW,
Washington, DC 20460. A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Tim Smith at (919) 541-4718,
Emission Standards Division (MD-13), U. S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION: In the Rules Section of today's Federal
Register EPA announced that, pursuant to Clean Air Act section
307(d)(7)(B), it is reconsidering certain portions of the HON rule.
Readers should refer to that notice for a complete discussion of the
background and rule affected. In that notice EPA also announced a 3-
month stay of that rule during reconsideration. However, EPA may not be
able to complete reconsideration of, and any appropriate curative
regulatory action to, the rule within the 3-month period expressly
provided by Clean Air Act section 307(d)(7)(B). If EPA does not
complete the reconsideration and rulemaking in this timeframe then it
will be necessary to temporarily extend the applicable compliance dates
until EPA completes final rulemaking action upon reconsideration. By
this action EPA proposes a temporary extension of the compliance dates
beyond the 3-months provided, only as necessary to complete
reconsideration and revision of the rule in question. If, following
consideration of public comment, EPA takes final action to extend these
compliance dates, the dates would be extended until the effective date
of EPA's final action following reconsideration of these rules.
The EPA is proposing this temporary extension of the compliance
dates in order to complete reconsideration of the rule, as discussed
above. The EPA intends to complete its reconsideration of the rule and,
following the notice and comment procedures of section 307(d) of the
Clean Air Act, take appropriate action as expeditiously as practicable.
If the reconsideration results in amendment of the applicability
provisions of the HON, the applicable compliance dates would be
extended to the date sources are required to comply with such amended
requirements. Elsewhere in today's Federal Register EPA is proposing
amendments to the HON to respond to the request for reconsideration.
That proposal would allow certain sources to defer compliance with the
HON under certain circumstances. The EPA will seek to ensure that the
affected parties are not unduly prejudiced by the EPA's
reconsideration.
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.
Dated: October 11, 1994.
Carol M. Browner,
Administrator.
[FR Doc. 94-25740 Filed 10-21-94; 8:45 am]
BILLING CODE 6560-50-P
