[Federal Register Volume 59, Number 208 (Friday, October 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26818]
[Federal Register: October 28, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5099-4]
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
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 and
reconsideration of certain national emission standards for hazardous
air pollutants for certain sources. The effectiveness of provisions 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'' 59 FR 19402 (April 22,
1994) and 59 FR 29196 (June 6, 1994) (collectively known as the
``hazardous organic NESHAP'' or the ``HON''), for compressors and for
surge control vessels and bottoms receivers 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
the EPA proposes (1) to defer compliance with the HON equipment leak
provisions establishing standards for compressors and for surge control
vessels and bottoms receivers, and (2) 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.
EFFECTIVE DATE: October 28, 1994. This stay affects only those sources
that had been required to comply with 40 CFR 63.164 and 63.170 as of
October 24, 1994.
FOR FURTHER INFORMATION CONTACT: Dr. Jan Meyer at (919) 541-5254,
Emission Standards Division (MD-13), US 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 EPA promulgated in the Federal Register national emission standards
for hazardous air pollutants (``NESHAP'') for the synthetic organic
chemical manufacturing industry (``SOCMI''), 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 HON. Subpart H establishes
standards for equipment leaks, including standards for compressors (40
CFR 63.164) and for surge control vessels and bottoms receivers (40 CFR
63.170). The final rule required existing sources to comply with
subpart H beginning October 24, 1994, for some groups of SOCMI
processes and for processes subject to subpart I (see 40 CFR
63.100(k)(3)(i) and 63.190(e)(2)).
A petition for reconsideration has been submitted to the EPA
requesting the HON be revised in order for sources to have additional
time to comply with the equipment leak provisions applicable to
compressors and to surge control vessels and bottoms receivers. The
petition contains new information demonstrating that compliance by
October 24, 1994, with the standards applicable to compressors and to
surge control vessels and bottoms receivers, is not possible because at
many facilities major equipment modifications or replacements are
necessary in order to comply with the standards. This new information,
which the EPA did not have prior to the promulgation of the HON, is
described more fully in the notice contained in the Proposed Rules
section of today's Federal Register that proposes to defer compliance
with the equipment leak provisions of the HON that are applicable to
compressors and to surge control vessels and bottoms receivers. For
these reasons, the EPA is staying the effectiveness of the provisions
of the HON applicable to leaks from compressors and from surge control
vessels and bottoms receivers for 3 months in order to respond to the
petition for reconsideration and revise the rule as necessary to
resolve this issue.
This stay affects only those sources that had been required to
comply with 40 CFR 63.164 and 63.170 as of October 24, 1994 (see 40 CFR
63.100(k)(3)(i) and 63.190(e)(2)). It does not affect those sources
required to comply as of January 23, 1995, or later (see 40 CFR
63.100(k)(3)(ii) through (k)(3)(v). In the proposal contained in
today's Federal Register, however, EPA is proposing a compliance
extension for the sources required to comply as of January 23, 1995, or
later, as well as the sources required to comply as of October 24,
1994. Accordingly, today's stay does not affect all sources with
compressors or surge control vessels and bottoms receivers.
II. Issuance of Stay
The EPA hereby issues a 3-month administrative stay of the
effectiveness of the HON equipment leak provisions applicable to
compressors and to surge control vessels and bottoms receivers for
sources required to comply beginning on October 24, 1994. The 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.
III. Authority for Stay and Reconsideration
The administrative stay and reconsideration 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 up to 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 problems attendant to requiring compliance with the
equipment leak provisions applicable to compressors and to surge
control vessels and bottoms receivers only became apparent after the
close of comment on the rule. Therefore, the 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 the 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, the 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 action 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, Reporting and recordkeeping requirements.
Dated: October 24, 1994.
Carol M. Browner,
Administrator.
Title 40 of the Code of Federal Regulations, chapter I, part 63,
subparts F, 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 (o) to read as
follows:
Sec. 63.100 Applicability and designation of source.
* * * * *
(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 January 26, 1995 only
as applied to those sources subject to Sec. 63.100 (k)(3)(i).
3. Section 63.190 is amended by adding paragraph (i) to read as
follows:
Sec. 63.190 Applicability and designation of source.
* * * * *
(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 January 26, 1995 only
as applied to those sources subject to Sec. 63.190 (e)(2).
[FR Doc. 94-26818 Filed 10-27-94; 8:45 am]
BILLING CODE 6560-50-P
