[Federal Register Volume 62, Number 109 (Friday, June 6, 1997)]
[Rules and Regulations]
[Pages 30993-30995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14860]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5836-6]
RIN 2060-AE37
National Emission Standards for Hazardous Air Pollutants
Emissions: Group IV Polymers and Resins
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; extension of compliance.
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SUMMARY: This action provides a temporary extension of the compliance
dates specified in 40 CFR 63.1311(b) and (d) for poly(ethylene
terephthalate) (PET) affected sources and announces the reconsideration
of the equipment leak provisions contained in 40 CFR 63.1331 as these
provisions pertain to PET affected sources. The EPA is providing this
temporary extension only as necessary to complete reconsideration and
any necessary revision to the rule. The EPA is providing this temporary
extension pursuant to Clean Air Act section 301(a)(1).
DATES: The direct final rule will be effective July 27, 1997. However,
if significant adverse comments on any portion of the direct final rule
are received by July 7, 1997 then the EPA will publish a timely
withdrawal of the direct final rule, and all public comments received
will be addressed in a subsequent final rule. For additional
information concerning comments, see the parallel proposal notice found
in the Proposed Rules Section of this Federal Register.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air and Radiation Docket and Information Center (6102),
Attention Docket Number A-92-45 (see docket section below), Room M-
1500, U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, D.C. 20460. The EPA requests that a separate copy also be
sent to the contact person listed under FOR FURTHER INFORMATION
CONTACT. Comments and data may also be submitted electronically by
following the instructions provided in the SUPPLEMENTARY INFORMATION
section. No Confidential Business Information (CBI) should be submitted
through electronic mail.
Docket. The official record for this rulemaking has been
established under docket number A-92-45 (including comments and data
submitted electronically as described below). A public version of this
record, including printed, paper versions of electronic comments and
data, which does not include any information claimed as CBI, is
available for inspection between 8 a.m. and 4 p.m., Monday through
Friday, excluding legal holidays. The official rulemaking record is
located at the address in the ADDRESSES section. Alternatively, a
docket index, as well as individual items contained within the docket,
may be obtained by calling (202) 260-7548 or (202) 260-7549. A
reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Rosensteel, Emission
Standards Division (MD-13), U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards, Research Triangle Park,
North Carolina 27711, telephone number (919) 541-5608.
SUPPLEMENTARY INFORMATION:
Electronic Filing
Electronic comments and data can be sent directly to EPA at: r-docket@epamail.epa.gov. Electronic comments and data must be
submitted as an ASCII file avoiding the use of special characters and
any form of encryption. Comments and data will also be accepted on
diskette in WordPerfect 5.1 file format or ASCII file format. All
comments and data in electronic form must be identified by the docket
number A-92-45. Electronic comments may be filed online at many Federal
Depository Libraries.
Electronic Availability
This document is available in docket number A-92-45 or by request
from the EPA's Air and Radiation Docket and Information Center (see
ADDRESSES), and is available for downloading from the Technology
Transfer Network (TTN), the EPA's electronic bulletin board system. The
TTN provides information and technology exchange in various areas of
emissions control. The service is free, except for the cost of a
telephone call. Dial (919) 541-5742 for up to a 14,000 baud per second
modem. For further information, contact the TTN HELP line at (919) 541-
5348, from 1:00 p.m. to 5:00 p.m., Monday through Friday, or access the
TTN web site at: http://ttnwww.rtpnc.epa.gov.
Regulated entities
Regulated categories and entities include:
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Category Examples of regulated entities
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Industry............................ Facilities that produce PET.
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[[Page 30994]]
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities regulated by the NESHAP addressed
in this direct final rule. If you have questions regarding the
applicability of the NESHAP addressed in this direct final rule to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
The information presented in this preamble is organized as follows:
I. Background and Rationale
II. Authority for Temporary Extension of the Compliance Date and
Reconsideration
III. Impacts
IV. Administrative Requirements
I. Background and Rationale
On September 12, 1996, the EPA promulgated 40 CFR part 63, subpart
JJJ--Group IV Polymers and Resins NESHAP (61 FR 48208). 40 CFR 63.1331
establishes standards for equipment leaks based on the equipment leaks
provisions from the Hazardous Organic NESHAP, 40 CFR part 63, subpart
H. The final rule required existing sources to comply with 40 CFR
63.1331 beginning March 12, 1997 (see 40 CFR 63.1311(d)). On January
14, 1997, EPA extended the compliance date for 40 CFR 63.1331 from
March 12, 1997 to July 31, 1997.
A petition has been submitted to the EPA by two PET manufacturers
requesting reconsideration of the technical basis for estimates of
emissions, emission reductions, and costs for equipment leaks emission
control at PET affected sources. The petition summarizes new
information claimed by the petitioners to ``confirm the petitioners'
comments made during the public comment period questioning the validity
of EPA's predictions of the costs and cost-effectiveness of the leak
detection and repair program.'' This new information, which the EPA did
not have prior to promulgation of the final rule, includes data related
to emissions and costs and has led the EPA to accept the petitioner's
request to reconsider the equipment leak provisions of the rule
applicable to PET affected sources. A second petition was subsequently
filed by a third PET manufacturer requesting the same relief. For these
reasons, the EPA is providing a temporary extension of the compliance
date associated with the provisions of 40 CFR 63.1331 that regulate
equipment leaks for PET affected sources until such time as the EPA is
able to fully evaluate the petition for reconsideration and take any
curative regulatory action necessary. This temporary extension applies
to affected sources in the following regulated subcategories: (1) PET
using a batch dimethyl terephthalate process; (2) PET using a
continuous dimethyl terephthalate process; (3) PET using a batch
terephthalic acid process; and (4) PET using a continuous terephthalic
acid process. It does not affect any other provisions of the rule or
any other source categories or subcategories.
By this action the EPA is providing, pursuant to Clean Air Act
section 301(a)(1), a temporary extension of the compliance dates
specified in 40 CFR 63.1311(b) and (d), only as necessary to complete
reconsideration and potential revision of the rule. The EPA intends to
complete its reconsideration of the rule and, following the notice and
comment procedures of Clean Air Act section 307(d), take appropriate
action as expeditiously as practical. The EPA does not believe this
temporary extension will, as a practical matter, impact the overall
effectiveness of the rule. The EPA will seek to ensure that the
affected parties are not unduly prejudiced by the EPA's
reconsideration. The compliance date will only be extended until the
effective date of the EPA's final action following reconsideration of
the rule. In no event will the extension last beyond September 12, 1999
which is the latest compliance date permitted by section 112 of the
Clean Air Act (in the absence of a one year extension).
II. Authority for Temporary Extension of the Compliance Date and
Reconsideration
The temporary extension of the compliance dates specified in 40 CFR
63.1311 (b) and (d) for PET affected sources is being undertaken
pursuant to Clean Air Act section 301(a)(1). Reconsideration is being
undertaken pursuant to Clean Air Act section 307(d)(7)(B).
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 emissions and cost data which serve as the basis
for the summary of data provided by the petitioners became available
after the close of the comment period on the rule. Therefore, the EPA
is temporarily extending the compliance date specified in 40 CFR
63.1311 (b) and (d) for PET affected sources in order to allow time to
reconsider the provisions of 40 CFR 63.1331 as these provisions pertain
to PET affected sources.
III. Impacts
The extension on the compliance date for equipment leaks at PET
affected sources will not affect the eventual annual estimated
emissions reduction or the control cost for the rule.
IV. Administrative Requirements
A. Paperwork Reduction Act
For the Group IV Polymers and Resins NESHAP, the information
collection requirements were submitted to the Office of Management and
Budget (OMB) under the Paperwork Reduction Act. The OMB approved the
information collection requirements and assigned OMB control number
2060-0351. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. The OMB control numbers for the
EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
The EPA has amended 40 CFR part 9, section 9.1, to indicate the
information collection requirements contained in the Group IV Polymers
and Resins NESHAP.
This action has no impact on the information collection burden
estimates made previously. Therefore, the ICR has not been revised.
B. Executive Order 12866 Review
Under Executive Order 12866, the EPA must determine whether the
regulatory action is ``significant'' and therefore, subject to OMB
review and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to lead
to a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety in 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.
The direct final rule will provide a temporary extension of the
compliance dates specified in 40 CFR 63.1311 (b) and (d) for PET
affected sources. The direct final rule does not add any additional
control requirements.
[[Page 30995]]
Therefore, this direct final rule was classified ``non-significant''
under Executive Order 12866 and was not required to be reviewed by OMB.
C. Regulatory Flexibility
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule. EPA has also
determined that this rule will not have a significant impact on a
substantial number of small entities because the temporary compliance
extension would not impose any economic burden on any regulated
entities.
D. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate, or to the private sector, of $100
million or more. Under section 205, the EPA must select the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires the EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
The EPA has determined that this direct final rule does not include
a Federal mandate that may result in estimated costs of $100 million or
more to either State, local, or tribal governments in the aggregate, or
to the private sector. Therefore, the requirements of the Unfunded
Mandates Act do not apply to this action.
E. Submission to Congress and the General Accounting Office
Under Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996, the EPA submitted a report containing this rule
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the General Accounting
Office prior to publication of this direct final rule in the Federal
Register. This is not a ``major rule'' as defined by Subtitle E.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: May 30, 1997.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, part 63 of Chapter I of
title 40 of the Code of Federal Regulations is 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.
Subpart JJJ--National Emission Standards for Hazardous Air
Pollutant Emissions: Group IV Polymers and Resins.
2. Section 63.1311 is amended by revising paragraphs (b) and (d)
introductory text and by adding paragraph (d)(6) to read as follows:
Sec. 63.1311 Compliance schedule and relationship to existing
applicable rules.
* * * * *
(b) New affected sources that commence construction or
reconstruction after March 29, 1995 shall be in compliance with this
subpart upon initial start-up or September 12, 1996, whichever is
later, as provided in Sec. 63.6(b), except that new affected sources
whose primary product, as determined using the procedures specified in
Sec. 63.1310(f), is PET shall be in compliance with Sec. 63.1331 upon
initial start-up or September 12, 1999, whichever is later.
* * * * *
(d) Except as provided for in paragraphs (d)(1) through (d)(6) of
this section, existing affected sources shall be in compliance with
Sec. 63.1331 no later than July 31, 1997 unless a request for a
compliance extension is granted pursuant to Section 112(i)(3)(B) of the
Act, as discussed in Sec. 63.182(a)(6).
* * * * *
(6) Notwithstanding paragraphs (d)(1) through (d)(4) of this
section, existing affected sources whose primary product, as determined
using the procedures specified in Sec. 63.1310(f), is PET shall be in
compliance with Sec. 63.1331 no later than September 12, 1999.
* * * * *
[FR Doc. 97-14860 Filed 6-5-97; 8:45 am]
BILLING CODE 6560-50-P