[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Notices]
[Pages 28197-28208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13824]
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ENVIRONMENTAL PROTECTION AGENCY
[AD-FRL-5512-9]
National Emission Standards for Hazardous Air Pollutants;
Revision of Initial List of Categories of Sources and Schedule for
Standards Under Sections 112(c) and (e) of the Clean Air Act Amendments
of 1990
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of revisions to initial list of categories of major and
area sources, and revisions to promulgation schedule for standards.
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SUMMARY: This notice publishes revisions made or which have been
proposed to the initial list of categories of sources of hazardous air
pollutants (HAP), published in the Federal Register on July 16, 1992
(57 FR 31576), and to the schedule for the promulgation of emission
standards, which was published on December 3, 1993 (58 FR 63941) and
subsequently corrected on March 4, 1994 (59 FR 10461).
Today's notice meets the requirement in Section 112(c)(1) to
publish from time to time a list of all categories of sources,
reflecting revisions since the initial list was published. Several of
the revisions identified in today's notice have already been published
in actions associated with listing and promulgating emission standards
for individual source categories, and public comment has already been
taken in the context of those actions. Some of the revisions in today's
notice have not been reflected in any previous notices, and are being
taken without public comment on the Administrator's own motion. Such
revisions are deemed by EPA to be without need for public comment,
based on the nature of the actions. Other revisions have been only
proposed as of today's date, but are reflected nevertheless to be
inclusive of all list and schedule actions of probable interest to the
reader.
EFFECTIVE DATE: June 4, 1996.
ADDRESSES: Relevant information can be found in the two Federal
Register notices cited above in the SUMMARY section of this notice.
Docket: Docket No. A-90-49, containing supporting information used
in development of this notice, is available for public inspection and
copying between 8 a.m. and 5:30 p.m., Monday through Friday, at the
EPA's Air and Radiation Docket and Information Center, Waterside Mall,
room M-1500, first floor, 401 M Street, SW, Washington, D. C. 20460, or
by calling (202) 260-7548 or 260-7549. A reasonable fee may be charged
for copying.
FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. David Svendsgaard, Emissions Standards Division
(MD-13), U.S. EPA, Office of Air Quality Planning and Standards,
Research Triangle Park, North Carolina 27711, telephone number (919)
541-2380.
SUPPLEMENTARY INFORMATION
I. Background
The Clean Air Act Amendments of 1990 [Pub. L. 101-549] require,
under the revisions to Section 112, that the Agency list and promulgate
national emission standards for hazardous air pollutants (NESHAP) in
order to control, reduce, or otherwise limit the emissions of HAP from
categories of major and area sources. Pursuant to the various specific
listing requirements in Section 112(c), the Agency published on July
16, 1992 (57 FR 31576) an initial list of 174 categories of major and
area sources that would be henceforth subject to emission standards.
Following this listing, pursuant to requirements in Section 112(e), on
December 3, 1993 (58 FR 63941) the Agency published a schedule for the
promulgation of emission standards for each of the 174 listed source
categories. The reader is directed to these two notices for information
relating to development of the initial list and schedule.
There have been specific notices since the initial list and
schedule that have revised the list and schedule in the context of
actions relating to individual source categories. For example, on
November 12, 1993 (58 FR 60021), the Agency listed marine vessel
loading operations as a category of major sources, with standards to be
promulgated, pursuant to Section 112(c)(5), by the year 2000. As
another example, on September 8, 1994 (59 FR 46339), the Agency
promulgated standards for HAP emissions for industrial process cooling
towers. This latter action did not revise the list or schedule, per se,
but specifically delineated rule applicability by defining the affected
sources within the listed category. The Agency believes that defining
rule applicability and affected sources as part of standard setting
constitutes an important aspect of list revision. As was stated in the
original listing notice (57 FR 31576):
the Agency recognizes that these descriptions [in the initial list],
like the list itself, may be revised from time to time as better
information becomes available. The Agency intends to revise these
descriptions as part of the process of establishing standards for
each category. Ultimately, a definition of each listed category, or
subsequently listed subcategories, will be incorporated in each rule
establishing a NESHAP for a category.
Various other Agency actions may trigger the need for list and/or
schedule revisions. Included actions are:
--The Administrator is obligated to list any category of major sources.
Today's notice is listing seven
[[Page 28198]]
categories of major sources for which it did not have prior evidence
that at least one major source was present within the category. Two of
the seven additions were effected through previous Federal Register
notices, and are thereby reflected in today's notice. When a category
is added to the list after the initial listing, pursuant to Sections
112(c)(1) and (3), emission standards must be scheduled by November 15,
2000, or within 2 years after the date of listing, whichever is later,
to meet the requirements of Section 112(c)(5).
--The Agency may list categories of area sources pursuant to a number
of authorities in Section 112. One area source category-- secondary
lead smelting--has been added to the list since the initial listing
notice as part of a final regulatory action, and is reflected in
today's list.
--The Administrator may delete categories of sources on its own motion
or on petition. Five source categories which were previously believed
to be major source categories are being deleted from the list on the
Administrator's own motion in today's notice. This notice refers to one
area source category that has been deleted from the list under a
separate action. None of these deletions is as a result of petition.
--The Agency may revise the list to delineate the applicability of
``case-by-case'' emission standards pursuant to Section 112(j), in
instances where the Agency desires to delimit the affected sources
because it may not establish a Federal emission standard by the
deadline in the regulatory schedule for standards. No such revision is
made or reflected in today's notice.
--The Agency may revise the regulatory schedule for standards
associated with a listed source category, heeding the limitations in
Section 112 (discussed in 58 FR 63941). For example, the regulatory
schedule for one source category--dodecanedioic acid production--is, in
effect, moved forward in time, from the year 2000 to 1992, following
the determination to incorporate this category within the definition of
the synthetic organic chemical manufacturing source category (see 59 FR
19402). Today's notice specifies two such actions involving subsumption
of previously listed source categories, or segments of source
categories, within another category, and the corresponding change in
regulatory schedules. In each case, however, the action is not being
effected by today's notice, but rather has been effected (or proposed)
within other notices for which public comment has been (or is being)
taken.
--Other ``housekeeping'' measures. After investigation by the Agency,
it has been determined that the titles or descriptions of some
categories of sources can be amended to clarify applicability for the
ensuing emission standard, and other categories can be included under a
different, more appropriate industry group. In today's notice, two
categories of sources are renamed, three categories are reassigned to
different industry groups, and no categories are redefined (although in
most instances, descriptions of source categories have been refined
upon determining applicability at promulgation of the rule).
Section 112(e)(4) states that, notwithstanding Section 307 of the
Act, no action of the Administrator listing a source category or
subcategory under Section 112(c) shall be a final Agency action subject
to judicial review, except that any such action may be reviewed under
Section 307 when the Administrator issues emission standards for such
pollutant or category. Therefore, today's list is not a final Agency
action and is not subject to judicial review.
Prior to issuance of the initial source category list under Section
112(c)(1), the EPA published a draft initial list for public comment
(56 FR 28548; June 21, 1991). Although EPA was not required to take
public comment on the initial source category list, it believed it was
useful to solicit input on a number of issues related to the list.
Indeed, in most instances, even where there is no statutory requirement
to take comment, EPA solicits public comment on actions it is
contemplating. The EPA has, however, decided that it is unnecessary to
solicit additional public comment on the revisions reflected in today's
notice because interested parties have already had, or will have in the
future, the opportunity to provide comments on many of the revisions in
the context of individual actions relating to proposing and
promulgating emissions standards.
II. Description of Individual List and Schedule Revisions
The revised source category list and regulatory schedule,
reflecting all actions (with the exception of proposed actions) up to
today's date, is presented in Table 1. This table incorporates the
entire listing of source categories listed to this date, including
those listed initially as well as those listed subsequently. Table 1
also includes the updated schedule for establishing emission standards
under Section 112 for the listed categories, including actual rule
proposal or promulgation Federal Register citations. Table 1 is
formatted so that the reader can at once see all categories of major
and area sources that have been listed to date, the associated schedule
for standards, and any revisions effected by or reflected in today's
notice. Source categories and/or schedules for standards in Table 1
that are revised from the initial July 16, 1992 listing and December 3,
1993 schedule notices are footnoted or clearly marked for ease in
discerning where revisions have been made.
A. Addition of Categories of Major Sources
In response to new information, today's notice reflects the listing
of the following categories of major sources: Carbon Black Production,
Ethylene Processes, Flexible Polyurethane Foam Fabrication Operations,
Friction Products Manufacturing, Leather Tanning and Finishing
Operations, Marine Vessel Loading Operations, and Nitrile Resins
Production. Pursuant to Section 112(c)(5), each of the newly listed
categories of sources is scheduled for standards promulgation by
November 15, 2000. Descriptions of these source categories can be found
in Section II.I of today's notice. The reader is referred to Docket No.
A-90-49, Section VI-B, for more information supporting the listing of
the above seven source categories.
B. Addition of Categories of Area Sources
The various authorities to list and regulate area source categories
under Section 112 are all discretionary and/or require some sort of
finding or determination by the Administrator. The Agency believes that
any such area source listing action is therefore subject to public
comment and is consequently not being taken in today's notice. Instead,
todays notice merely reflects any such findings or determinations.
Today's notice reflects a June 23, 1995 notice (60 FR 32587)
finalizing the addition of secondary lead smelters as an area source
category. Accompanying this notice is a finding of threat of adverse
effects based on seven smelters that the Agency believes fit the
definition of an area source.
C. Delineation of Standard Applicability and Affected Sources Through
Standard Promulgation
Emission standards have been promulgated under Section 112 for
several source categories since the initial source category list and
schedule were published. Table 1 identifies the
[[Page 28199]]
Federal Register cite for each of these notices. These actions are
cited in today's notice because they revise the list in that they
delineate rule applicability by defining the affected sources within
the listed category.
D. Proposed Delineation of Standard Applicability and Affected Sources
Through Standard Proposal
Emission standards have been proposed under Section 112 for several
source categories since the initial source category list and schedule
were published. These actions are cited in today's notice principally
insofar as they propose to revise the list in that they will delineate
rule applicability by defining the affected sources within the listed
category. The reader is referred to Table 1 to obtain the Federal
Register citations for these categories of sources.
E. Name Changes for Listed Source Categories
The Agency has determined that the names of some source categories
are inappropriate, and is hereby changing them. The applicable
categories are:
1. Solid Waste Treatment, Storage and Disposal Facilities (TSDF)
On October 13, 1994 (59 FR 51913), the Agency proposed emission
standards for the Solid Waste TSDF source category and changed its
title to ``Off-Site Waste and Recovery Operations.'' As discussed in
that notice, this change was considered appropriate for two reasons.
First, it will help avoid confusion with the terms ``solid waste'' and
``treatment, storage, and disposal facilities.'' These terms have
specific meanings within the context of statutory and regulatory
requirements in existing rules established under authority of the
Resource Conservation and Recovery Act (RCRA), and this source category
would not include those facilities defined as solid waste treatment,
storage, and disposal facilities by the RCRA. Second, the name change
will better distinguish among the types of sources that will be subject
to the emission standard for this source category, rather than another
listed source category. Facilities within other source categories may
generate waste as a result of their own production activities, and may
elect to treat, store, dispose of, or recycle this waste on the same
site. Emissions from these waste operations will be addressed along
with the other emission points within the specific source category.
This source category specifically addresses only activities that manage
wastes received from off-site operations.
2. Butadiene Dimers Production
This major source category, under the ``miscellaneous processes''
grouping on the initial list, is being changed in name to
``tetrahydrobenzaldehyde production,'' under the same industrial
process grouping. The Agency has determined, based on comments, that
the butadiene dimer is produced by only one facility in the nation, as
a waste product from the tetrahydrobenzaldehyde process. The specific
dimer is 1,4-vinyl cyclohexane. Tetrahydrobenzaldehyde is the only
identified chemical under the butadiene dimers source category in the
initial list; therefore, changing the name of the source category will
not change the applicability of the subsequent emission standard or the
affected sources. This change will merely identify the correct chemical
the Agency intended to regulate pursuant to the initial list.
F. Inclusion of Listed Source Categories Under Different Industry
Groups
The Agency has determined that three source categories were
previously categorized under inappropriate industry groups and is
hereby moving these categories to more appropriate industrial groups
for purposes of correctness. In each case, the movement of the source
category will have no effect on the development or the promulgation
date of the NESHAP.
1. Butadiene Furfural Cotrimer (R-11) Production
This category was improperly listed in the initial list under the
``polymer and resins'' industry group. Butadiene furfural cotrimer is
an insecticide that is commonly used as a delousing agent for cows. It
is therefore appropriate to move this source category to the
``agricultural chemicals'' industry group.
2. Polyether Polyols Production
This category was improperly listed in the initial list under the
``miscellaneous'' industry group. Polyether polyols are defined as
addition polymers of cyclic ethers, which include a variety of end use
products ranging from low molecular weight polyglycols to high
molecular weight resins. It is therefore appropriate to move this
source category to the ``polymers and resins production'' industry
group.
3. Quaternary Ammonium Compounds Production
This category is more appropriately listed under the heading
``organic chemicals production,'' rather than the ``inorganic chemicals
production'' industry group. This compound is clearly an organic
chemical; thus, the previous determination to include this as an
inorganic chemical production was an error.
G. Subsumption of Listed Source Categories (or some affected sources
within) Under Other Listed Source Categories
1. The Synthetic Organic Chemical Manufacturing Source Category and
Dodecanedioic Acid Production
The source category ``Dodecanedioic Acid Production'' is being
removed from the list of major source categories because the production
of this chemical is being regulated under the Hazardous Organic NESHAP
(HON) (59 FR 19402; April 22, 1994). Based on public comment, the
Agency determined that dodecanedioic acid (DDDA) production is more
appropriately regulated as part of the synthetic organic chemical
manufacturing source category rather than as part of a separate source
category. Only one facility in the United States has been identified as
manufacturing DDDA, and much of the equipment used in the DDDA
production process is the same equipment used to manufacture
adiponitrile, which is included in the list of Synthetic Organic
Chemical Manufacturing Industry (SOCMI) chemicals regulated by the HON.
Thus, this chemical has been offically added to the list of SOCMI
chemicals subject to the HON.
2. Phthalate Plasticizers Production and the Synthetic Organic Chemical
Manufacturing Source Category
In the finalized HON, the EPA re-evaluated several chemicals,
including phthalate esters, which some commenters had claimed were not
SOCMI chemicals. The EPA agreed that phthalate esters were chemicals
used primarily as plasticizers, not as building blocks for other
chemical manufacturing. Thus, phthalate esters were removed from the
list of SOCMI chemicals covered under the HON. The Agency intends to
regulate the production of these esters under the separate source
category entitled ``phthalate plasticizers production,'' under the
miscellaneous processes industry group. The affected chemicals are
butyl benzyl phthalate, diallyl phthalate, dibutoxy ethyl phthalate,
diethyl phthalate, diisodecyl phthalate, diisooctyl phthalate, dimethyl
phthalate, di(2-methoxyethyl) phthalate, and lead phthalate.
[[Page 28200]]
H. Deletion of Source Categories on the Administrator's Own Motion
In today's notice, the EPA is deleting five major source categories
on the Administrator's own motion. The principal rationale for deletion
of these categories is that available data no longer support the
determination that any major sources are present in each category. As
articulated in the initial list notice (57 FR 31576), the Agency's
intent in listing categories of major sources is one of ``only
including categories of major sources where there was reasonable
certainty that at least one stationary source in the category is a
major source or where sources in the category are commonly located on
the premises of major sources.'' In addition, one area source
category--asbestos processing--has been delisted under a separate
action; the Agency compiled newer information which no longer supported
the finding of threat of adverse effect on which the initial listing
was based.
The Agency is not invoking the authority within Section 112(c)(9)
for deleting source categories. Under Section 112(c)(9)(B), the EPA may
delete a category of major or area sources from the list, based on
petition of any person or on the Administrator's own motion, upon a
determination that: (1) In the case of sources that emit HAP that may
result in cancer, no source in the category (or group of sources in the
case of area sources) emits HAP in quantities that may cause lifetime
cancer risk greater than one chance in one million to the most exposed
individual; or, (2) in the case of sources that emit HAP that may
result in non-cancer adverse health effects or adverse environmental
effects, emissions from no source in the category (or group of sources
in the case of area sources) exceed a level adequate to protect public
health with an ample margin of safety and no adverse environmental
effects will result. Instead, in today's notice, the Agency is simply
contending that the data originally used for listing were erroneous,
and that, based on newer data, the original listings are not warranted.
For the five major source categories deleted in today's notice, no
action is taken to list area sources within the same category. Any such
action would be taken (and comment requested) within the context of
other actions pursuant to the various authorities under Section 112 for
listing area source categories. The Agency has various authorities for
listing and regulating area source categories under Section 112, most
notably: it can make a finding of threat of adverse effect to human
health or the environment warranting regulation, under Section
112(c)(3); it can list categories of area sources emitting the seven
specific pollutants, under Section 112(c)(6); or it can list categories
of area sources emitting certain hazardous air pollutants per the
criteria of the area source program, under Section 112(k). The Agency
will examine area sources in the context of programs underway to
implement these various authorities, and list and regulate specific
area sources, as appropriate to meet the relevant requirements in the
Act. The Agency intends to solicit comment on any future action or
strategy specifically proposing to list and regulate particular area
source categories under Section 112.
The following does not include the categories of sources which are
being deleted from the list by way of subsumption into other listed
categories. See Section II.G of this notice for information on these
categories.
1. Asbestos Processing
The area source category of asbestos processing was included on the
initial list, accompanied by a finding of threat of adverse effects to
human health. The reader is referred to the original list notice (57 FR
31576) for details of this finding.
During development of the NESHAP for asbestos processing, the
Agency determined that the finding of adverse effects was based on
information which no longer applies to the asbestos processing
industry. Consequently, the asbestos processing source category has
been deleted from the source category list. For further information
regarding this delisting, the reader is referred to 60 FR 61550, which
was published on November 30, 1995.
2. Chromium Chemicals Manufacturing
The EPA is removing chromium chemicals manufacturing from the list
of categories of major sources. The EPA has determined that this
category contains no major sources.
There are only two chromium chemicals manufacturing facilities in
the United States. Chromium compounds is the only HAP emitted from
these facilities. Worst case estimates of potential emissions on a
chromium compound basis, considering both hexavalent and trivalent
forms, were compiled for each facility based on maximum production
capacity and actual measured emissions from all stacks and vents. The
resultant estimate of potential HAP emissions for each facility is
between 6.0 and 6.5 tons per year (tpy), which is clearly below the
major source threshold level.
Considering the carcinogenic potency of the chromium compounds
emitted, especially those in the hexavalent form, a quantitative risk
assessment was conducted by EPA to determine if regulation of area
sources would be warranted. In making the area source finding, the
Agency considered factors such as the number of sources in the
category, the quantity of HAP emissions from individual sources and
category-wide, the toxicity of the HAP emissions, and the potential for
individual and population exposures and risks. Population risks are
expressed in terms of annual incidence which is the total number of
cancer cases expected per year within the exposed population. In
contrast, individual risks are expressed in terms of maximum individual
``lifetime'' risks (MIR) which is an indicator of the probability of
contracting cancer due to continuous exposure over a lifetime to the
maximum, modeled, long-term concentration of a HAP discharged from a
source.
Results of the quantitative risk assessment shows annual incidence
attributable to both plants to be less than 0.01 case per year. The
calculated MIR for both plants ranged from 3 to 7 chances in 100,000.
About 200,000 persons are exposed to individual risks greater than 1 in
1 million. No persons are exposed to individual risks greater than 1 in
10,000.
Based on the results of the quantitative risk assessment and the
fact that there exists limited opportunities for additional HAP
reductions, due to the relatively high levels of control already
evident at each source, the EPA believes that an area source finding
for the chromium chemicals manufacturing source category is not
warranted.
3. Lead Acid Battery Manufacturing
The EPA is removing lead acid battery manufacturing from the list
of major source categories. Surveys conducted on this category indicate
there are no major sources currently operating.
The lead acid battery manufacturing source category includes 84
facilities. Lead compounds are the primary HAP of concern. A survey of
existing facilities was conducted to determine annual HAP emissions.
Respondents to the survey represent more than 90 percent of the total
lead acid battery production. The highest lead compound emission rate
reported by a facility was 2.8 tpy.
In addition, all existing facilities are currently subject to the
new source performance standards (NSPS) for lead
[[Page 28201]]
acid battery manufacturing plants. Any new facilities will also be
subject to these standards. The limits from the NSPS were combined with
model plant parameters to determine the emission levels from large
facilities. This analysis indicated that a large facility would emit a
maximum of 5 tpy of lead compounds.
The Toxic Release Information System (TRIS) data was reviewed for
the years 1991 and 1992 to determine emission levels of HAP other than
lead compounds. Of the 84 plants, the TRIS identified two battery
manufacturing plants as potential major sources of organic HAP.
However, upon contacting these plants to obtain current process and
emissions information, the EPA determined that the TRIS information was
no longer applicable. Specifically, one facility had altered part of
its process and had not been a major source since 1992, and the other
plant had been originally misclassified in the TRIS and was not
actually a lead acid battery manufacturer. Based on this information,
the EPA concludes that there are no major sources in the lead acid
battery manufacturing source category.
4. & 5. Non-Stainless Steel Manufacturing--Electric Arc Furnace (EAF)
Operation, Stainless Steel Manufacturing--EAF Operation
The EPA is removing the non-stainless and stainless steel electric
arc furnace (EAF) operation categories from the list of major source
categories. These operations are being removed since there are no
existing facilities which qualify as a major source.
Arsenic, antimony, beryllium, cadmium, chromium, cobalt, lead,
manganese, mercury, nickel, and selenium are believed to be the only
HAP emitted from the EAF source categories. None of the existing
facilities emit any of these HAP in sufficient quantities to meet the
major source definition. Total facility emission estimates for the EAF
source categories were calculated by combining actual stack emission
data with ``worst case'' fugitive emission estimates. The results of
this analysis indicated these facilities would emit about one-half of
the amount of HAP which would classify them as major sources. In
addition, existing facilities are already subject to the NSPS for EAF
operations which regulate the air pollution control device outlet
concentration and visible emissions from the EAF meltshop. Any new
facilities would also be subject to the NSPS.
6. Wood Treatment
The EPA is removing the wood treatment category from the list of
major source categories. Wood treatment is being removed because EPA
has determined there are no existing facilities which qualify as a
major source.
Naphthalene, benzene, toluene, formaldehyde, pentachloro-phenol,
arsenic compounds, and chromium compounds are the primary HAP emitted
from wood treatment facilities that are of potential concern. None of
the existing facilities emit any of these HAP in sufficient quantities
to meet the major source definition. Chromium and arsenic compounds are
emitted in quantities less than 100 pounds per year. Pentachlorophenol
emissions from a ``worst case'' treatment facility were estimated to be
less than one tpy.
For creosote treatment facilities, emissions test results, combined
with ``worst case'' estimates of fugitive emissions, were used to
determine total emissions of creosote components. Emissions of
individual HAP were well under 10 tpy, and total HAP emissions were
significantly less than 25 tpy. Therefore, the EPA is deleting this
category from the source category list after concluding that there are
no major sources in the category.
I. Descriptions of Newly Added Source Categories
The following presents descriptions for source categories that have
been added to the list since publication of the initial list of source
categories, either through today's notice or through previous actions.
For general descriptions of other categories previously established and
listed in Table 1, the reader is referred to Docket No. A-90-49, Item
No. IV-A-55 (EPA-450/3-91-030, entitled ``Documentation for Developing
the Initial Source Category List''). For subsequent changes to
descriptions of source categories for which a rule has been
promulgated, the reader is advised to consult Table 1 for the citation
of the Federal Register notice which will include the amended
definition and corresponding rule applicability.
1. Carbon Black Manufacturing
This source category includes facilities that manufacture carbon
black using the channel, thermal, or furnace process. The primary
emission point for the process offgases from the main filter unit. HAP
emitted include carbonyl sulfide, carbon disulfide, and hydrogen
cyanide. Carbon black is used to color and strengthen industrial rubber
products, primarily automotive tires, belts, and hoses. Other major end
uses for carbon black include specialty black coloring used in toner
cartridges for copying machines and colorants in inks, paints, and
vinyl plastic.
2. Ethylene Processes
The finalized HON excluded ethylene processes from applicability
under that standard and defined the scope of an ethylene process unit
as follows:
``Ethylene processes'' includes any chemical manufacturing process
unit in which ethylene and/or propylene are produced by separation from
petroleum refining process streams or by subjecting hydrocarbons to
high temperatures in the presence of steam. The ethylene process unit
includes the separation of ethylene and/or propylene from associated
streams such as a C4 product, pyrolysis gasoline, and pyrolysis
fuel oil. The ethylene process does not include the manufacture of
SOCMI chemicals such as the production of butadiene from the C4
stream and aromatics from pyrolysis gasoline.
3. Flexible Polyurethane Foam Fabrication Operations
The flexible polyurethane foam fabrication operations source
category includes facilities engaged in cutting, gluing, and/or
laminating pieces of flexible polyurethane foam. This includes
fabrication operations which are located at the sites of foam
production plants as well as those which are located off-site of foam
plants. Emissions from foam fabrication primarily result from the use
of HAP-based adhesives in the gluing process. Methylene chloride is
currently the most frequently used HAP in adhesives.
4. Friction Products Manufacturing
This source category includes facilities and processes that
manufacture or remanufacture friction products including automobile
brake linings and disc pads. HAP are emitted from solvents added during
the proportioning and mixing of raw materials and the solvents
contained in the adhesives used to bond the linings to the brake shoes.
Most HAP emissions occur during heated processes such as curing,
bonding and debonding processes. Pollutants from friction products
facilities include phenol, toluene, methyl chloroform and
methylethylketone.
5. Leather Tanning and Finishing Operations
The leather tanning and finishing source category includes
facilities and processes that use chemical and
[[Page 28202]]
mechanical processes to produce leather having hundreds of different
finished characteristics. Leather tanning involves primarily wet
chemical processes that produce a stable, usable product. Leather
finishing involves a number of conditioning and enhancement processes
that give tanned leather distinctive and desirable qualities required
by end users of the material. Sources of HAP emissions in the leather
tanning and finishing processes include leather finishing operations,
waterproofing operations, solvent degreasing operations, and
miscellaneous fugitive sources. HAP from this category include toluene,
xylene, glycol ethers, methyl isobutyl ketone, and methyl ethyl ketone.
6. Marine Vessel Loading Operations
This source category includes marine terminals which emit HAP from
the direct loading and unloading of bulk liquids from marine vessels.
This category does not include emissions from offshore vessel-to-vessel
bulk liquid transfer operations (i.e., lightering operations).
The reader is also referred to a September 19, 1995 notice (60 FR
48399) for specific applicability of the marine vessel loading
operations source category.
7. Nitrile Resins Production
The nitrile resins production source category includes any facility
which polymerizes acrylonitrile, methyl acrylate, and butadiene latex
using an emulsion process.
The reader is also referred to a March 29, 1995 notice (60 FR
16090) for proposed applicability of the nitrile resins production
source category.
8. Secondary Lead Smelting (Category of Area Sources)
The reader is referred to a June 23, 1995 notice (60 FR 32587) for
specific applicability of the secondary lead smelting area source
category.
III. Administrative Requirements
A. Docket
The docket for this regulatory action is A-90-49. The docket is an
organized and complete file of all the information submitted to or
otherwise considered by the Agency in the development of this revised
list of categories of sources and revised schedule for standards. The
principal purpose of this docket is to allow interested parties to
identify and locate documents that serve as a record of the process
engaged in by the Agency to publish today's revision to the initial
list and schedule. The docket is 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
1. General
Today's notice is not a rule; it is essentially a housekeeping or
maintenance activity which does not impose regulatory requirements or
costs. Therefore, the EPA has not prepared an assessment of the
potential costs and benefits pursuant to Executive Order 12866, nor an
economic impact analysis pursuant to Section 317, nor a regulatory
flexibility analysis pursuant to the Regulatory Flexibility Act (Pub.
L. 96-354, September 19, 1980), nor 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.
2. Executive Order 12866 and Office of Management and Budget (OMB)
Review
Under Executive Order 12866 (58 FR 51735; October 4, 1993), the
Agency must determine whether a regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant'' regulatory action as
one that is likely to lead to a rule that may either (1) have an annual
effect on this economy of $100 million or more, or adversely and
materially affecting 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.
Pursuant to the terms of Executive Order 12866, it has been decided
that this is a ``significant regulatory action'' within the meaning of
the Executive Order. For this reason, this action underwent OMB review.
The OMB reviewed and released the action without recommending any
changes.
Dated: May 17, 1996.
Mary Nichols,
Assistant Administrator for Air and Radiation.
Table 1.--Categories of Sources of Hazardous Air Pollutants and
Regulation Promulgation Schedule By Industry Group
[Revision date: May 17, 1996]
------------------------------------------------------------------------
Scheduled promulgation
Industry group, source category a Date/Federal Register
Citation b
------------------------------------------------------------------------
Fuel combustion:
Engine Test Facilities................... 11/15/00
Industrial Boilers c..................... 11/15/00
Institutional/Commercial Boilers c....... 11/15/00
Process Heaters.......................... 11/15/00
Stationary Internal Combustion Engines c. 11/15/00
Stationary Turbines c.................... 11/15/00
Non-ferrous metals processing:
Lead Acid Battery Manufacturing.......... Deleted
Primary Aluminum Production.............. 11/15/97
Primary Copper Smelting.................. 11/15/97
Primary Lead Smelting.................... 11/15/97
Primary Magnesium Refining............... 11/15/00
Secondary Aluminum Production............ 11/15/97
[[Page 28203]]
Secondary Lead Smelting.................. 11/15/94
60 FR 32587 (F)
Ferrous metals processing:
Coke By-Product Plants................... 11/15/00
Coke Ovens: Charging, Top Side, and Door 12/31/92
Leaks.
58 FR 57898 (F)
59 FR 01922 (C)
Coke Ovens: Pushing, Quenching, and 11/15/00
Battery Stacks.
Ferroalloys Production................... 11/15/97
Integrated Iron and Steel Manufacturing.. 11/15/00
Iron Foundries........................... 11/15/00
Non-Stainless Steel Manufacturing-- Deleted
Electric Arc Furnace (EAF) Operation.
Stainless Steel Manufacturing--Electric Deleted
Arc Furnace (EAF) Operation.
Steel Foundries.......................... 11/15/00
Steel Pickling--HCl Process.............. 11/15/97
Mineral products processing:
Alumina Processing....................... 11/15/00
Asphalt Concrete Manufacturing........... 11/15/00
Asphalt Processing....................... 11/15/00
Asphalt Roofing Manufacturing............ 11/15/00
Asphalt/Coal Tar Application--Metal Pipes 11/15/00
Chromium Refractories Production......... 11/15/00
Clay Products Manufacturing.............. 11/15/00
Lime Manufacturing....................... 11/15/00
Mineral Wool Production.................. 11/15/97
Portland Cement Manufacturing............ 11/15/97
Taconite Iron Ore Processing............. 11/15/00
Wool Fiberglass Manufacturing............ 11/15/97
Petroleum and natural gas production and
refining:
Oil and Natural Gas Production........... 11/15/97
Petroleum Refineries--Catalytic Cracking 11/15/97
(Fluid and other) Units, Catalytic
Reforming Units, and Sulfur Plant Units.
Petroleum Refineries--Other Sources Not 11/15/94
Distinctly Listed.
60 FR 43244 (F)
60 FR 49976 (C)
Liquids distribution:
Gasoline Distribution (Stage 1).......... 11/15/94
59 FR 64303 (F)
60 FR 07627 (C)
60 FR 32912 (C)
60 FR 43244 (A)
60 FR 56133 (a)
60 FR 62991 (S)
Marine Vessel Loading Operations......... 11/15/00
60 FR 48399 (F)
Organic Liquids Distribution (Non- 11/15/00
Gasoline).
Surface coating processes:
Aerospace Industries..................... 11/15/94
60 FR 45948 (F)
Auto and Light Duty Truck (Surface 11/15/00
Coating).
Flat Wood Paneling (Surface Coating)..... 11/15/00
Large Appliance (Surface Coating)........ 11/15/00
Magnetic Tapes (Surface Coating)......... 11/15/94
59 FR 64580 (F)
Manufacture of Paints, Coatings, and 11/15/00
Adhesives.
Metal Can (Surface Coating).............. 11/15/00
Metal Coil (Surface Coating)............. 11/15/00
Metal Furniture (Surface Coating)........ 11/15/00
Miscellaneous Metal Parts and Products 11/15/00
(Surface Coating).
Paper and Other Webs (Surface Coating)... 11/15/00
Plastic Parts and Products (Surface 11/15/00
Coating).
[[Page 28204]]
Printing, Coating, and Dyeing of Fabrics. 11/15/00
Printing/Publishing (Surface Coating) g.. 11/15/94
60 FR 13664 (P)
60 FR 16920 (C)
Shipbuilding and Ship Repair (Surface 11/15/94
Coating).
60 FR 64330 (F)
Wood Furniture (Surface Coating)......... 11/15/94
60 FR 62930 (F)
Waste treatment and disposal:
Hazardous Waste Incineration............. 11/15/00
Municipal Landfills...................... 11/15/00
Off-Site Waste and Recovery Operations f. 11/15/94
59 FR 51913 (P)
59 FR 65744 (R)
Publicly Owned Treatment Works (POTW) 11/15/95
Emissions.
Sewage Sludge Incineration............... 11/15/00
Site Remediation......................... 11/15/00
Solid Waste Treatment, Storage and Renamed
Disposal Facilities (TSDF).
Agricultural chemicals production:
4-Chloro-2-Methylphenoxyacetic Acid 11/15/97
Production.
2,4-D Salts and Esters Production........ 11/15/97
Butadiene-Furfural Cotrimer (R-11) 11/15/00
Production d.
Captafol Production d.................... 11/15/97
Captan Production d...................... 11/15/97
Chloroneb Production d................... 11/15/97
Chlorothalonil Production d.............. 11/15/97
Dacthal (tm) Production d................ 11/15/97
Sodium Pentachlorophenate Production g... 11/15/97
Tordon (tm) Acid Production d............ 11/15/97
Fibers production processes:
Acrylic Fibers/Modacrylic Fibers 11/15/97
Production.
Rayon Production......................... 11/15/00
Spandex Production....................... 11/15/00
Food and agriculture processes:
Baker's Yeast Manufacturing.............. 11/15/00
Cellulose Food Casting Manufacturing..... 11/15/00
Vegetable Oil Production................. 11/15/00
Pharmaceutical production processes:
Pharmaceuticals Production d............. 11/15/97
Polymers and resins production:
Acetal Resins Production................. 11/15/97
Acrylonitrile-Butadiene-Styrene 11/15/94
Production.
60 FR 16090 (P)
Alkyd Resins Production.................. 11/15/00
Amino Resins Production.................. 11/15/97
Boat Manufacturing....................... 11/15/00
Butadiene Furfural Cotrimer (R-11) Moved
Production.
Butyl Rubber Production.................. 11/15/94
60 FR 30801 (P)
Carboxymethylcellulose Production........ 11/15/00
Cellophane Production.................... 11/15/00
Cellulose Ethers Production.............. 11/15/00
Epichlorohydrin Elastomers Production.... 11/15/94
60 FR 30801 (P)
Epoxy Resins Production.................. 11/15/94
60 FR 12670 (F)
Ethylene-Propylene Rubber Production..... 11/15/94
60 FR 30801 (P)
[[Page 28205]]
Flexible Polyurethane Foam Production.... 11/15/97
Hypalon (tm) Production d................ 11/15/94
60 FR 30801 (P)
Maleic Anhydride Copolymers Production... 11/15/00
Methylcellulose Production............... 11/15/00
Methyl Methacrylate-Acrylonitrile- 11/15/94
Butadiene-Styrene Production d.
60 FR 16090 (P)
Methyl Methacrylate-Butadiene-Styrene 11/15/94
Terpolymers Production d.
60 FR 16090 (P)
Neoprene Production...................... 11/15/94
60 FR 30801 (P)
Nitrile Butadiene Rubber Production...... 11/15/94
60 FR 30801 (P)
Nitrile Resins Production................ 11/15/00
60 FR 16090 (P)
Non-Nylon Polyamides Production.......... 11/15/94
60 FR 12670 (F)
Nylon 6 Production....................... 11/15/97
Phenolic Resins Production............... 11.15.97
Polybutadiene Rubber Production d........ 11/15/94
60 FR 30801 (P)
Polycarbonates Production d.............. 11/15/97
Polyester Resins Production.............. 11/15/00
Polyether Polyols Production............. 11/15/97
Polyethylene Terephthalate Production g.. 11/15/94
60 FR 16090 (P)
Polymerized Vinylidene Chloride 11/15/00
Production.
Polymethyl Methacrylate Resins Production 11/15/00
Polystyrene Production................... 11/15/94
60 FR 16090 (P)
Polysulfide Rubber Production d.......... 11/15/94
60 FR 30801 (P)
Polyvinyl Acetate Emulsions Production... 11/15/00
Polyvinyl Alcohol Production............. 11/15/00
Polyvinyl Butyral Production............. 11/15/00
Polyvinyl Chloride and Copolymers 11/15/00
Production.
Reinforced Plastic Composites Production. 11/15/97
Styrene-Acrylonitrile Production g....... 11/15/94
60 FR 16090 (P)
Styrene-Butadiene Rubber and Latex 11/15/94
Production d.
60 FR 3080 (P)
Production of inorganic chemicals:
Ammonium Sulfate Production--Caprolactam 11/15/00
By-Product Plants.
Antimony Oxides Manufacturing............ 11/15/00
Carbon Black Production.................. 11/15/00
Chlorine Production d.................... 11/15/97
Chromium Chemicals Manufacturing......... Deleted
Cyanuric Chloride Production............. 11/15/97
Fume Silica Production................... 11/15/00
Hydrochloric Acid Production............. 11/15/00
Hydrogen Cyanide Production.............. 11/15/97
Hydrogen Fluoride Production............. 11/15/00
Phosphate Fertilizers Production......... 11/15/00
Phosphoric Acid Manufacturing............ 11/15/00
Quaternary Ammonium Compounds Production. Moved
[[Page 28206]]
Sodium Cyanide Production................ 11/15/97
Uranium Hexafluoride Production.......... 11/15/00
Production of organic chemicals
Ethylene Processes....................... 11/15/00
Quarternary Ammonium Compounds Production 11/15/00
Synthetic Organic Chemical Manufacturing. 11/15/92
59 FR 19402 (F)
59 FR 29196 (A)
59 FR 48175 (C)
59 FR 53359 (S)
59 FR 53392 (a)
59 FR 54131 (S)
59 FR 54154 (a)
60 FR 05320 (S)
60 FR 18020 (A)
60 FR 18071 (a)
Miscellaneous processes
Aerosol Can-Filling Facilities........... 11/15/00
Benzyltrimethylammonium Chloride 11/15/00
Production.
Butadiene Dimers Production.............. Renamed
Carbonyl Sulfide Production.............. 11/15/00
Chelating Agents Production.............. 11/15/00
Chlorinated Paraffins Production d....... 11/15/00
Chromic Acid Anodizing................... 11/15/94
60 FR 04948 (F)
60 FR 27598 (C)
60 FR 33122 (C)
Commercial Dry Cleaning 11/15/92
(Perchloroethylene)--Transfer Machines. 58 FR 49354 (F)
58 FR 66287 (A)
Commercial Sterilization Facilities...... 11/15/94
59 FR 62585 (F)
Decorative Chromium Electroplating....... 11/15/94
60 FR 04948 (F)
60 FR 27598 (C)
60 FR 33122 (C)
Dodecanedioic Acid Production............ Subsumed
Dry Cleaning (Petroleum Solvent)......... 11/15/00
Ethylidene Norbornene Production d....... 11/15/00
Explosives Production.................... 11/15/00
Flexible Polyurethane Foam Fabrication 11/15/00
Operations.
Friction Products Manufacturing.......... 11/15/00
Halogenated Solvent Cleaners............. 11/15/94
59 FR 61801 (F)
59 FR 67750 (C)
60 FR 29484 (C)
Hard Chromium Electroplating............. 11/15/94
60 FR 04948 (F)
60 FR 27598 (C)
60 FR 33122 (C)
Hydrazine Production..................... 11/15/00
[[Page 28207]]
Industrial Cleaning (Perchloroethylene)-- 11/15/92
Dry-to-dry machines. 58 FR 49354 (F)
58 FR 66287 (A)
Industrial Dry Cleaning 11/15/92
(Perchloroethylene)--Transfer Machines. 58 FR 49354 (F)
58 FR 66287 (A)
Industrial Process Cooling Towers........ 11/15/94
59 FR 46339 (F)
Leather Tanning and Finishing Operations. 11/15/00
OBPA/1,3-Diisocyanate Production d....... 11/15/00
Paint Stripper Users..................... 11/15/00
Photographic Chemicals Production........ 11/15/00
Phthalate Plasticizers Production........ 11/15/00
Plywood/Particle Board Manufacturing..... 11/15/00
Polyether Polyols Production............. Moved
Pulp and Paper Production................ 11/15/97
58 FR 66078 (P)
59 FR 12567 (C)
61 FR 09383 (P)
Rocket Engine Test Firing................ 11/15/00
Rubber Chemicals Manufacturing........... 11/15/00
Semiconductor Manufacturing.............. 11/15/00
Symmetrical Tetrachloropyridine 11/15/00
Production d.
Tetrahydrobenzaldehyde Production........ 11/15/97
Tire Production.......................... 11/15/00
Wood Treatment........................... Deleted
Categories of area sources: e
Asbestos Processing...................... Deleted
Chromic Acid Anodizing................... 11/15/94
60 FR 04948 (F)
60 FR 27598 (C)
60 FR 33122 (C)
Commercial Dry Cleaning 11/15/92
(Perchloroethylene)--Dry-to-Dry Machines. 58 FR 49354 (F)
58 FR 66287 (A)
Commercial Dry Cleaning 11/15/92
(Perchloroethylene) Transfer Machines. 58 FR 49354 (F)
58 FR 66287 (A)
Commercial Sterilization Facilities...... 11/15/94
59 FR 62585 (F)
Decorative Chromium Electroplating....... 11/15/94
60 FR 04948 (F)
60 FR 27598 (C)
60 FR 33122 (C)
Halogenated Solvent Cleaners............. 11/15/94
59 FR 61801 (F)
59 FR 67750 (C)
60 FR 29484 (C)
[[Page 28208]]
Hard Chromium Electroplating............. 11/15/94
60 FR 04948 (F)
60 FR 27598 (C)
60 FR 33122 (C)
Secondary Lead Smelting.................. 11/15/00
60 FR 32587 (F)
------------------------------------------------------------------------
a Only major sources within any category shall be subject to emission
standards under Section 112 unless a finding is made of a threat of
adverse effects to human health or the environment for the area
sources in a category. All listed categories are exclusive of any
specific operations or processes included under other categories that
are listed separately.
b The markings in the ``Scheduled Promulgation Date/Federal Register
Citation'' column of Table 1 denote the following:
(A): amendment to a final rulemaking action
(A): proposed amendment to a final rulemaking action
(C): correction (or clarification) published subsequent to a proposed
or final rulemaking action
(F): final rulemaking action
(P): proposed rulemaking action
(R): reopening of a proposed action for public comment
(S): announcement of a stay, or partial stay, of the rule requirements
Moved: the source category is relocated to a more appropriate industry
group
Subsumed: the source category is included within the definition of
another listed category and therefore is no longer listed as a
separate source category
Renamed: the title of this source category is changed to a more
appropriate title
Deleted: the source category is officially removed from the source
category list
c Sources defined as electric utility steam generating units under
Section 112 (A)(8) shall not be subject to emission standards pending
the findings of the study required under Section 112(n)(1).
d Equipment handling specific chemicals for these categories or subsets
of these categories are subject to a negotiated standard for equipment
leaks contained in the Hazardous Organic NESHAP (HON), which was
promulgated on April 22, 1994. The HON includes a negotiated standard
for equipment leaks from the SOCMI category and 20 non-SOCMI
categories (or subsets of these categories). The specific processes
affected within the categories are listed in Section XX.X0 (C) of the
March 6, 1991 Federal Register notice (56 FR 9315).
e A finding of threat of adverse effects to human health or the
environment was made for each category of area sources listed.
The following footnotes apply to source categories that are subject to
court ordered promulgation deadlines (differing from the above listed
regulatory deadlines) in accordance with a consent decree entered in
Sierra Club v. Browner, Case No. 93-0124 (And related cases) (D.C.
Dist. Ct.).
f judicial deadline: 05/13/96
g judicial deadline: 05/15/96
[FR Doc. 96-13824 Filed 6-3-96; 8:45 am]
BILLING CODE 6560-50-P
