[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Rules and Regulations]
[Pages 30406-30409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14349]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6355-5]
RIN 2060-AH47
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: The EPA is taking direct final action to extend certain
compliance dates contained in National Emissions Standards for
Hazardous Air Pollutants Emissions: Group IV Polymers and Resins. The
revisions concern extending the compliance dates specified in 40 CFR
63.1311(b) and (d)(6) for polyethylene terephthalate (PET) affected
sources. We are approving these compliance extensions pursuant to Clean
Air Act section 301(a)(1) to complete reconsideration of equipment
leaks provisions and any necessary revision to the rule.
DATES: The direct final rule is effective on August 9, 1999, without
further notice, unless the EPA receives adverse comment by July 8,
1999. If we receive such comment, we will publish a timely withdrawal
in the Federal Register informing the public that this rule will not
take effect.
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 below. 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. Keith Barnett, 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) 541-5605.
SUPPLEMENTARY INFORMATION:
Electronic Filing
Electronic comments and data can be sent directly to the EPA at:
a-and-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
[[Page 30407]]
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://www.epa.gov/ttn/oarpg.
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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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 EPA is publishing this rule without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comment. However, in the ``Proposed Rule'' section of today's Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the extension of the compliance dates
specified in 40 CFR 63.1311 (b) and (d)(6) for polyethylene
terephthalate (PET) affected sources if adverse comments are filed.
This rule will be effective on August 9, 1999, without further notice,
unless we receive adverse comment by July 8, 1999. If the EPA receives
adverse comment, we will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect. We
will address all public comments in a subsequent final rule based on
the proposed rule. We will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time.
The information presented in this preamble is organized as follows:
I. Background and Rationale
II. Authority for 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 (HON), 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)).
Subsequent to the promulgation of the Group IV Polymers and Resins
rule, the EPA promulgated changes to the equipment leak provisions of
the HON. In addition, a petition was submitted to the EPA requesting
reconsideration of the equipment leak provisions of the rule affecting
PET facilities. As a result, the compliance date for 40 CFR 63.1331 for
existing PET facilities has twice been extended and is currently
September 12, 1999, which is three years after promulgation of the
rule. After the last compliance extension, the effective date of the
Group IV Polymers and Resins rule was changed to February 27, 1998 to
comply with sections 801 and 802 of the Congressional Review Act.
The petition was submitted to the EPA by two PET manufacturers
requesting reconsideration of the technical basis for estimates of
emissions, emission reduction, and costs for equipment leaks emission
control at PET affected sources. A second petition was subsequently
filed by a third PET manufacturer requesting the same relief. The
petitions summarize new information claimed by the petitioners to
``confirm the petitioners' comments made during the public comment
period questioning the validity of the 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. The EPA
elected to act upon the petitioners' requests to reconsider the
equipment leak provisions of the 1996 rule, as it applies to PET
affected sources.
The EPA's reconsideration has created uncertainty with regard to
compliance requirements for the PET equipment leak provisions.
Furthermore, the EPA's reconsideration has led the Agency to publish in
the ``Proposed Rules'' section of today's Federal Register publication
a proposal to deny the petitions. The EPA will consider public comments
on this proposed denial and publish a final action on the petitions.
Therefore, this period of uncertainty will continue until the EPA
publishes a final decision on the petitions. For these reasons, the EPA
is providing an extension of the compliance dates associated with the
provisions of 40 CFR 63.1331, which regulate equipment leaks for PET
affected sources, until such time as the EPA is able to take final
action on the petitions for reconsideration. This 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 Polymers
and Resins Group IV rule, or any other source categories or
subcategories.
By this action the EPA is providing, pursuant to Clean Air Act
section 301(a)(1), an extension of the compliance dates specified in 40
CFR 63.1311(b) and (d)(6), 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 possible. The EPA does not believe this
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 be extended until February 27, 2001 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 Extension of the Compliance Date and
Reconsideration
The extension of the compliance dates specified in 40 CFR
63.1311(b) and (d)(6) 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 bases
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 extending the
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compliance dates specified in 40 CFR 63.1311(b) and (d)(6) 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 of 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
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 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--Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to review by OMB on the basis of the requirements of
the Executive Order in addition to its normal review requirements. The
Executive Order defines ``significant regulatory action'' as one that
is likely to result in 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, 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.
Today's action does not fall within any of the four categories
described above. Instead, the direct final rule will provide an
extension of the compliance dates specified in 40 CFR 63.1311(b) and
(d)(6) for PET affected sources. The direct final rule does not add any
additional control requirements. 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
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with this final rule. The
EPA has also determined that this rule will not have a significant
impact on a substantial number of small entities because the compliance
extension would not impose any economic burden on any regulated
entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local and tribal
governments, in the aggregate, or to the private sector of $100 million
or more in any one year. Before promulgating an EPA rule for which a
written statement is needed, section 205 of the UMRA generally requires
the EPA to identify and consider a reasonable number of regulatory
alternatives and adopt the least costly, most cost-effective or least
burdensome alternative that achieves the objects of the rule. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Moreover, section 205 allows the EPA to adopt an
alternative other than the least costly, most cost-effective or least
burdensome alternative if the Administrator publishes with the final
rule an explanation of why that alternative was not adopted. Before the
EPA establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
Today's direct final rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local or
tribal governments or the private sector. Instead, this rule provides
additional time to comply with some requirements of the Group IV
Polymers and Resins NESHAP. In any event, the EPA has determined that
this rule does not contain a Federal mandate that may result in
expenditure of $100 million or more for State, local and tribal
governments, in the aggregate, or the private sector, in any one year.
Thus today's direct final rule is not subject to the requirements of
sections 202 and 205 of the UMRA.
We also have determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. This rule does not impose any enforceable duties on small
governments, i.e., they own or operate no sources subject to this rule
and therefore are not required to purchase control systems to meet the
requirements of this rule.
E. Executive Order 13045--Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), applies to any rule that (1) is determined to be ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that the EPA has reason to
believe may have a disproportionate effect on children. If the
regulatory action meets both criteria, the Agency must evaluate the
environmental health or safety aspects of the planned rule on children,
and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
The EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This final action is not subject to the
Executive Order 13045 because it is not an economically significant
regulatory action as defined in E.O. 12866, and it
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is based on technology performance and not on health or safety risks.
F. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
of 1995 (NTTAA) requires federal agencies to evaluate existing
technical standards when developing new regulations. To comply with the
NTTAA, the EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that the use of VCS in this direct final rule is
impractical. The compliance extension of the Group IV Polymers and
Resins NESHAP is merely a procedural action that does not require
sources to take substantive steps that lend themselves to VCS.
G. Executive Order 12875--Enhancing Intergovernmental Partnership
Under Executive Order 12875, the EPA may not issue a regulation
that is not required by statute and that creates a mandate upon a
State, local or tribal government, unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by those governments, or the EPA consults with those
governments. If the EPA complies by consulting, Executive Order 12875
requires the EPA to provide to the Office of Management and Budget a
description of the extent of the EPA's prior consultation with
representatives of affected State, local and tribal governments, the
nature of their concerns, copies of any written communications from the
governments, and a statement supporting the need to issue the
regulation. In addition, Executive Order 12875 requires the EPA to
develop an effective process permitting elected officials and other
representatives of State, local and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
Today's direct final rule does not create a mandate on State, local
or tribal governments. The direct final rule does not impose any
enforceable duties on these entities. Rather, the rule extends certain
regulatory requirements. Accordingly, the requirements of section 1(a)
of Executive Order 12875 do not apply to this rule.
H. Executive Order 13084--Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, the EPA may not issue a regulation
that is not required by statute, that significantly or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments, or the EPA
consults with those governments. If the EPA complies by consulting,
Executive Order 13084 requires the EPA to provide to the Office of
Management and Budget, in a separately identified section of the
preamble to the rule, a description of the extent of the EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires the EPA to develop an effective process permitting elected
officials and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.''
Today's direct final rule does not significantly or uniquely affect
the communities of Indian tribal governments. This direct final rule
imposes no enforceable duties on these entities. Rather, the rule
extends certain regulatory requirements. Accordingly, the requirements
of section 3(b) of Executive Order 13084 do not apply to this rule.
I. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit 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 United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2). This direct final rule will be effective on August 9,
1999.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: May 28, 1999.
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)(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 February 27, 2001, whichever is later.
* * * * *
(d) * * *
(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 February 27, 2001.
* * * * *
[FR Doc. 99-14349 Filed 6-7-99; 8:45 am]
BILLING CODE 6560-50-U
