[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: 94-25742]
[[Page Unknown]]
[Federal Register: October 24, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5092-4]
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: Notice of partial stay and reconsideration.
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SUMMARY: Today's action announces a partial 3-month stay of certain
national emission standards for hazardous air pollutants for certain
sources. The effectiveness of the ``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'' (April 22, 1994) and (June 6, 1994) (collectively known as the
``hazardous organics NESHAP'' or the ``HON''), including the applicable
compliance dates, is stayed for 3 months pending reconsideration. The
EPA is issuing this stay pursuant to Clean Air Act section
307(d)(7)(B), 42 U.S.C. 7607(d)(7)(B), which provides the Administrator
authority to stay the effectiveness of a rule during reconsideration.
Elsewhere in the Proposed Rules Section of today's Federal Register
EPA proposes to defer compliance with the HON for sources meeting
certain criteria, and to extend the compliance date for sources
affected by today's stay, for as long as is necessary to complete the
rulemaking granting this deferral.
This stay affects only 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 subparts
F, G, H, and I of part 63.
EFFECTIVE DATE: October 24, 1994.
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:
I. Background
On April 22, 1994 (59 FR 19402), and June 6, 1994 (59 FR 29196),
the Environmental Protection Agency promulgated in the Federal Register
a NESHAP for the synthetic organic chemical manufacturing industry, and
for several other processes subject to the equipment leaks portion of
the rule. These regulations were promulgated as subparts F, G, H, and I
in 40 CFR part 63, and are commonly referred to as the hazardous
organics NESHAP, or the HON. Section 63.100 of the rule provides that
the rule is applicable to chemical manufacturing process units that,
among other requirements, ``are located at a plant site that is a major
source as defined in section 112(a) of the Act.''
Section 112(a) of the Act defines a ``major source'' as ``any
stationary source or group of stationary sources located within a
contiguous area and under common control that emits or has the
potential to emit considering controls, in the aggregate, 10 tons per
year or more of any hazardous air pollutant or 25 tons per year or more
of any combination of hazardous air pollutants * * *'' Any stationary
source that does not emit, or have the potential to emit, these
quantities, is defined by the Act as an ``area source.'' On March 16,
1994, EPA promulgated, in subpart A to 40 CFR part 63, a definition of
``potential to emit.'' A key aspect of the potential to emit definition
is that restrictions must be federally enforceable.
The EPA is in the process of clarifying the administrative
procedures that can be used by source owners and operators to create
federally enforceable restrictions on potential to emit. However, in
the interim there may be sources that would qualify as area sources
exempt from the HON which do not have the ability to demonstrate to EPA
that their potential to emit is below major source levels. A petition
for reconsideration has been submitted to EPA requesting that the HON
be revised such that sources that may be area are not required to
comply with the HON due to their inability to prove that they are area
sources. For this reason EPA is staying the HON for 3 months in order
to respond to the petition for reconsideration and revise the rule as
necessary to resolve this issue.
The EPA believes that the majority of HON-affected sources emit
well above major source levels. Accordingly, today's stay does not
affect all sources.
II. Issuance of Stay
The EPA hereby issues a 3-month administrative stay of the
effectiveness of the HON, including the applicable compliance dates.
EPA will reconsider the compliance dates in the rule and following the
notice and comment procedures of section 307(d) of the Clean Air Act,
will take appropriate action. 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.
III. Authority for Stay and Reconsideration
The administrative stay and reconsideration of the HON and its
associated compliance periods announced by this notice are being
undertaken pursuant to section 307(d)(7)(B) of the Clean Air Act, 42
U.S.C. 7607(d)(7)(B). That provision authorizes the Administrator to
stay the effectiveness of a rule for 3 months in order to consider a
request for reconsideration. 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 the public
comment period. The lack of a mechanism by which to ensure federal
enforceability of a source's potential to emit only became apparent
after the close of comment on the rule. Therefore, EPA is staying the
effectiveness of the rule for 3 months in order to allow time to
reconsider this issue.
IV. Proposed Compliance Extension
The EPA may not be able to complete the reconsideration (including
any appropriate regulatory action) of the rule stayed by this notice
within the 3-month period expressly provided in section 307(d)(7)(B).
If EPA does not complete the reconsideration in this timeframe then it
will be necessary to temporarily extend the applicable compliance
dates. In the Proposed Rule Section of today's Federal Register EPA
proposes a temporary extension of the compliance dates beyond 3 months
if necessary in order to complete reconsideration and revision of the
rules in question.
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.
Title 40 of the Code of Federal Regulations, chapter I, part 63,
subparts F, G, H, and I are being 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 adding paragraph (n) 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 January 23, 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.
3. Section 63.110 is amended by adding 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 January 23, 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 adding 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 January 23, 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 adding paragraph (h) 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 January 23, 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.
[FR Doc. 94-25742 Filed 10-21-94; 8:45 am]
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