[Federal Register Volume 61, Number 228 (Monday, November 25, 1996)]
[Proposed Rules]
[Pages 59849-59852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29659]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5653-4]
RIN 2060-AD-56
RIN 2060-AE-37
National Emission Standards for Hazardous Air Pollutant
Emissions: Group I Polymers and Resins and Group IV Polymers and Resins
AGENCY: Environmental Protection Agency (EPA).
ACTION: Advance notice of proposed rulemaking (ANPR).
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SUMMARY: The EPA intends to propose changes to the recently promulgated
subpart U--National Emission Standards for Hazardous Air Pollutant
Emissions: Group I Polymers and Resins; and subpart JJJ--National
Emission Standards for Hazardous Air Pollutant Emissions: Group IV
Polymers and Resins. The proposed changes to subparts U and JJJ will
parallel proposed changes to the National Emission Standards for
Hazardous Air Pollutant Emissions 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 (commonly known as the Hazardous
Organics NESHAP or HON).
Since HON regulations are directly referenced in subparts U and
JJJ, the proposed changes to HON subparts F, G, and H will also apply
to Group I and Group IV Polymers and Resins sources subject to subparts
U and JJJ. In addition to direct cross-references, there are additional
changes that the EPA plans to propose to subparts U and JJJ to provide
consistency with the HON. The EPA also intends to extend the compliance
date for heat exchange systems to September 5, 1999.
DATES: Comments. Comments on this ANPR must be received by the EPA on
or before December 26, 1996.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to the Air and Radiation Docket and Information Center
(6102), Attention: Docket No. A-92-44 (for Polymers and Resins I) and/
or A-92-45 (for Polymers and Resins IV), U. S. Environmental Protection
Agency, 401 M Street SW., Washington, DC 20460. The dockets are located
at the above address in room M-1500, Waterside Mall (ground floor), and
may be inspected from 8 a.m. to 4 p.m., Monday through Friday;
telephone number (202) 260-7548. A reasonable fee may be charged for
copying docket materials.
The EPA requests that a separate copy of the comments also be sent
to the contact person listed in the FOR FURTHER INFORMATION CONTACT
section below. Comments on this ANPR may also be submitted
electronically by sending electronic mail (e-mail) to: docket@epamail.epa.gov.
FOR FURTHER INFORMATION CONTACT: For information concerning this ANPR,
contact Mr. Robert Rosensteel at (919) 541-5608, Organic Chemicals
Group, Emission Standards Division (MD-13), U. S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION:
Regulated entities. Regulated categories and entities include:
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Category Examples of regulated entities
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Industry.......................... Producers of butyl rubber, halobutyl
rubber, epichlorohydrin elastomers,
ethylene propylene rubber,
HypalonTM, neoprene, nitrile
butadiene rubber, nitrile butadiene
latex, polysulfide rubber,
polybutadiene rubber/styrene
butadiene rubber by solution,
styrene butadiene latex, and
styrene butadiene rubber by
emulsion.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by
regulation discussed in this ANPR. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Electronic Submission of Comments. Electronic comments must be
submitted as an ASCII file, avoiding the use of special characters and
any form of encryption. Comments will also be accepted on diskette in
WordPerfect 5.1 or ASCII file format. All comments in electronic form
must be identified by the docket number A-92-44 or A-92-45. No
Confidential Business Information (CBI) should be submitted through e-
mail. Electronic comments may be filed online at many Federal
Depository Libraries.
I. Background
The HON was promulgated on April 22, 1994 (59 FR 19402) as subparts
F, G, H, and I of 40 CFR part 63. The HON regulates emissions of
certain organic hazardous air pollutants (HAP) from synthetic organic
chemical manufacturing industry (SOCMI) production processes. Due to
the
[[Page 59850]]
similarities in HAP emissions and emission controls at SOCMI facilities
and at elastomer and thermoplastic production facilities, the HON
provisions were used in the development of regulations for elastomer
and thermoplastic production facilities (40 CFR part 63, subparts U and
JJJ).
On March 29, 1995 (60 FR 16090), the EPA proposed standards for
seven source categories collectively referred to as Group IV polymers
and resins source categories. These source categories, which produce
products generally called ``thermoplastics,'' are (1) Acrylonitrile
Butadiene Styrene Resin, (2) Styrene Acrylonitrile Resin, (3) Methyl
Methacrylate Acrylonitrile Butadiene Styrene Resin, (4) Methyl
Methacrylate Butadiene Styrene Terpolymers, (5) Polystyrene Resin, (6)
Polyol (Ethylene Terephthalate) Resin, and (7) Nitrile Resin. These
standards, which are contained in subpart JJJ of 40 CFR part 63, were
promulgated on September 12, 1996 (61 FR 48207).
On June 12, 1995 (60 FR 30801), the EPA proposed standards for nine
source categories collectively referred to as Group I polymers and
resins source categories. These source categories, which produce
products generally called ``elastomers,'' are (1) Butyl Rubber
Production, (2) Epichlorohydrin Elastomers Production, (3) Ethylene-
Propylene Rubber Production, (4) HypalonTM Production, (5)
Neoprene Production, (6) Nitrile Butadiene Rubber Production, (7)
Polybutadiene Rubber Production, (8) Polysulfide Rubber Production, and
(9) Styrene-Butadiene Rubber and Latex Production. These standards,
which are contained in subpart U of 40 CFR part 63, were promulgated on
September 5, 1996 (61 FR 46905).
On August 26, 1996 (61 FR 43698), in conformance with a settlement
agreement reached with the Chemical Manufacturers Association (CMA) and
the Dow Chemical Company, the EPA proposed revisions to the HON rule.
Some of these proposed amendments are in sections which are referenced
in subparts U and JJJ. Therefore, these proposed changes would also
affect subparts U and JJJ, as discussed in the following sections of
this ANPR. In addition, some of the HON proposal would add language to
the rule, such as new definitions, and the EPA intends to propose the
same changes to subparts U and JJJ where relevant.
II. Relationship of Subparts U and JJJ to the HON
Subparts U and JJJ each regulate seven HAP emission sources types.
For five emission source types (storage vessels, continuous process
vents, equipment leaks, heat exchange systems, and wastewater), both
subpart U and subpart JJJ directly reference the HON rule. In addition,
several HON definitions are referenced, as are the storage vessel and
wastewater emission estimation equations used for emissions averaging.
Table 1 shows the specific sections of subparts F, G, and H
referenced in subparts U and JJJ. Since subparts U and JJJ directly
reference the HON provisions in these instances, any changes to the
referenced HON sections will also affect subparts U and JJJ.
In addition to the direct reference to HON sections, some portions
of subparts U and JJJ are modeled after the HON requirements.
Specifically, the applicability and emissions averaging provisions, and
the testing, monitoring, reporting, and recordkeeping requirements in
subparts U and JJJ are based on the analogous HON provisions. Some
changes were made to these provisions after proposal to make them
unique to subparts U and JJJ; however, they continue to follow the HON
approach. In these instances, the proposed changes to subparts F, G,
and H will not directly impact subparts U and JJJ.
Table 1.--Sections of Subparts F, G, and H Directly Referenced in
Subparts U and JJJ
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Description of
HON section referenced in referenced Comment
subparts U and JJJ provisions
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Subpart F:
63.101.................. Definitions....... Several definitions
from 63.101 are
incorporated by
reference into
subparts U and JJJ.
63.104.................. Heat exchange Directly referenced in
system subpart U in Sec.
requirements. 63.502. Directly
referenced in subpart
JJJ with minor
deviations noted in
Sec. 63.1328.
Subpart G:
63.111.................. Definitions....... Several definitions
from 63.111 are
incorporated by
reference into
subparts U and JJJ.
63.113-63.118........... Continuous process Minor deviations from
vent provisions. the subpart G
language are noted in
subparts U and JJJ.
63.119-63.123........... Storage vessel Minor deviations from
provisions. the subpart G
language are noted in
subparts U and JJJ.
63.131-63.147........... Wastewater Minor deviations from
provisions. the subpart G
language are noted in
subparts U and JJJ.
63.148.................. Leak inspection Minor deviations from
provisions. the subpart G
language are noted in
subparts U and JJJ.
63.150(g)(3)............ Procedures for
determining
emission debits
from storage
vessels.
63.150(g)(5)............ Procedures for
determining
emission debits
from wastewater.
63.150(h)(3)............ Procedures for
determining
emissions credits
from storage
vessels.
63.150(h)(5)............ Procedures for
determining
emissions credits
from wastewater.
Subpart H
63.160-63.193........... Equipment leak Subparts U and JJJ
provisions. affected sources must
comply with all
requirements of
subpart H.
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[[Page 59851]]
However, the EPA intends to propose changes to many of these
provisions, following a similar rationale to that used in developing
the proposed HON changes.
III. Summary of Proposed Changes to Subparts F, G, and H
The proposed revisions to the HON consisted of amendments to
subparts F, G, H, and I of 40 CFR part 63. The proposed revisions to
the HON are intended to remove any ambiguity, to clearly convey the
EPA's intent, to make the rule easier to read and implement, and to
increase flexibility.
The wastewater sections of the rule were redrafted to improve
organizational structure and clarity. The revised definition of
``wastewater'' incorporates the concept that only water that is
discarded from a process is subject to the HON wastewater provisions.
Additional changes were also proposed to the HON wastewater provisions
to (1) ensure that streams traveling from one piece of process
equipment to another would be handled appropriately to avoid emissions
to the environment, and (2) ensure that the changes in the wastewater
definitions would not permit sources to dilute their waste streams
prior to the point at which the streams are determined to be wastewater
(thus avoiding control requirements). The proposed revisions also
include provisions that would allow the owner or operator of a HON
affected source who wished to ship waste off-site for treatment to ship
to a facility that has certified that it will treat the waste to the
standard required by the HON.
In the proposed amendments to the HON, the EPA proposed new
requirements for monitoring heat exchange systems for leaks of process
fluids into cooling water. These revisions were proposed in order to
address issues related to the availability of monitoring methods with
sufficient analytical sensitivity, lack of flexibility in some of the
requirements, and the burden associated with the monitoring
requirements.
In contrast to the significant redrafting of the requirements for
wastewater and heat exchange systems, minor changes were also proposed
for other sections of the HON. In addition to removing ambiguity and
increasing flexibility (e.g., through more flexible monitoring method
requirements and sampling location requirements), some revisions would
reduce the reporting and recordkeeping burden for sources. The
reporting and recordkeeping revisions would include changes which
reduce the number of copies of reports that must be submitted to the
EPA and the States; provide for alternative, less frequent
recordkeeping of monitoring data where sources show no violations for
prolonged stretches of time; and remove the requirement for most
sources to file an Implementation Plan. The preamble to the proposed
HON changes (61 FR 43698) provides a more in-depth explanation of the
rationale behind these changes.
IV. Summary of Planned EPA Action
The proposed changes to the continuous process vent, storage
vessel, wastewater, heat exchange system, and equipment leak
requirements in the HON apply to subpart U and JJJ sources, due to the
fact that subparts U and JJJ directly reference these requirements. The
EPA intends to propose minor editorial and cross-referencing changes to
these sections in subparts U and JJJ in order to parallel the revisions
to the HON sections, and to seek public comment on such changes. In
addition, the EPA plans to revise the compliance date in subpart U for
heat exchange systems to be September 5, 1999 (three years after
initial promulgation of subpart U).
The EPA is also planning to incorporate many of the continuous
process vent revisions from the HON proposal into the batch process
vent provisions in subparts U and JJJ, in order to take advantage of
the increased clarity and flexibility that are represented in the
proposed HON changes. Finally, the EPA is planning to incorporate the
changes to the HON applicability, testing, reporting, and recordkeeping
sections, which also provide increased clarity and flexibility, into
the comparable sections in subparts U and JJJ.
V. Request for Comments
In this ANPR, the EPA is requesting comments on the proposed
revisions to subparts F, G, and H, as they pertain to subparts U and
JJJ. Specifically, the EPA is interested in receiving comments on
whether the proposed changes to the HON are appropriate for the polymer
and resin production facilities subject to subparts U and JJJ and, if
these changes are not appropriate for these rules, recommendations for
alternative approaches.
As mentioned earlier, some provisions in subparts U and JJJ were
based on the HON provisions, even though the final rules do not
directly reference these particular provisions in the HON. One example
of this occurs in the testing, monitoring, recordkeeping, and reporting
requirements for batch process vents. These provisions were modeled
after the HON provisions for continuous process vents, but these
sections of the rules do not reference any section of the HON. The EPA
requests comment on whether any of the changes made to the HON process
vent testing, monitoring, reporting, and recordkeeping provisions are
appropriate for the subpart U and JJJ batch process vent provisions. If
commenters believe that some proposed changes made to the HON are
needed for subparts U and JJJ, the EPA requests that the commenters
identify the HON change, explain the reasons the same (or a similar)
change is needed in subpart U and/or JJJ, and explain the section of
subpart U or JJJ where they believe the change is necessary.
VI. Administrative Requirements
A. Docket
The dockets for the Polymers and Resins I and Polymers and Resins
IV rules are A-92-44 and A-92-45, respectively. The dockets for the HON
are A-90-19 through A-90-23. These dockets are complete, organized
files of all the information submitted to, or otherwise considered by,
the Agency in the development of these rules. These dockets are
available for public inspection at the EPA's Air and Radiation Docket
and Information Center, which is listed in the ADDRESSES section of
this notice.
B. Regulatory Requirements
This notice is not a rule, but an Advanced Notice of the Agency's
preliminary intentions as it begins to work on revisions to subparts U
and JJJ. The notice imposes no regulatory requirements or costs.
Therefore, the EPA has not prepared an assessment of the potential
costs and benefits pursuant to Executive Order 12866, an economic
impact analysis pursuant to Section 317, a regulatory flexibility
analysis pursuant to the Regulatory Flexibility Act (Pub. L. 96-354,
September 19, 1980), or a budgetary impact statement pursuant to the
Unfunded Mandates Act of 1995. Also, this notice does not contain any
information collection requirements and, therefore, is not subject to
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances.
[[Page 59852]]
Dated: November 8, 1996.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
[FR Doc. 96-29659 Filed 11-22-96; 8:45 am]
BILLING CODE 6560-50-P
