National Emission Standards for Hazardous Air Pollutants for Source Categories; Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry and Other Processes Subject to the Negotiated Regulation for Equipment Leaks

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5092-3]

National Emission Standards for Hazardous Air Pollutants for

Source Categories; Organic Hazardous Air Pollutants From the Synthetic

Organic Chemical Manufacturing Industry and Other Processes Subject to

the Negotiated Regulation for Equipment Leaks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed amendments.

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SUMMARY: In the Rules Section of today's Federal Register, EPA is

announcing a partial 3-month stay and reconsideration of the ``National

Emission Standards for Hazardous Air Pollutants from the Synthetic

Organic Chemical Manufacturing Industry and Other Processes Subject to

the Negotiated Regulation for Equipment Leaks'' 59 FR 19402 (April 22,

1994) and 59 FR 29196 (June 6, 1994) (collectively known as the

``hazardous organics NESHAP'' or the ``HON''). The EPA is issuing the

stay pursuant to Clean Air Act section 307(d)(7)(B), 42 U.S.C.

7606(d)(7)(B), which provides the Administrator authority to stay the

effectiveness of a rule during reconsideration. This administrative

stay applies only to those source owners or operators who make a

representation in writing to the Administrator that the resolution of

the area source definition issues could affect whether the facility is

subject to the HON.

This notice proposes, pursuant to Clean Air Act section 301(a)(1),

42 U.S.C. 7601(a)(1), to temporarily extend the applicable compliance

dates for sources subject to the stay, but only as necessary to

complete reconsideration (including appropriate regulatory action) of

the rule in question. Pursuant to the rulemaking procedures set forth

in the Clean Air Act section 307(d), 42 U.S.C. 7607(d), EPA hereby

requests public comment on this proposed short-term compliance

extension. A short-term extension of this nature is well within the 3-

year period allowed by the Act.

DATES: Comments. Comments must be received on or before November 23,

1994.

Public Hearing. Anyone requesting a public hearing must contact the

EPA no later than November 23, 1994. If a hearing is held, it will take

place on December 5, 1994 beginning at 10 a.m.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if

possible) to: Air Docket (LE-131), Attention Docket Number A-90-19 (see

docket section below), room M-6102, U.S. Environmental Protection

Agency, 401 M Street, Southwest, Washington, DC 20460. The EPA requests

that a separate copy also be sent to the contact person listed below.

Public Hearing. If a public hearing is held, it will be held at the

EPA's Office of Administration Auditorium, Research Triangle Park,

North Carolina. Persons interested in attending the hearing or wishing

to present oral testimony should notify Ms. Theresa Adkins, U.S.

Environmental Protection Agency, Research Triangle Park, N.C. 27711,

telephone (919) 541-5645.

Docket. All information used in the development of this proposal is

contained in the preamble below. However, Dockets No. A-90-19 through

A-90-23, and A-89-10, containing the supporting information for the

original NESHAP, is available for public inspection and copying between

8:30 a.m. and 3:30 p.m., Monday through Friday, at EPA's Air Docket

Section, Waterside Mall, room M-1500, first floor, 401 M Street SW,

Washington, DC 20460. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Tim Smith at (919) 541-4718,

Emission Standards Division (MD-13), U. S. Environmental Protection

Agency, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: In the Rules Section of today's Federal

Register EPA announced that, pursuant to Clean Air Act section

307(d)(7)(B), it is reconsidering certain portions of the HON rule.

Readers should refer to that notice for a complete discussion of the

background and rule affected. In that notice EPA also announced a 3-

month stay of that rule during reconsideration. However, EPA may not be

able to complete reconsideration of, and any appropriate curative

regulatory action to, the rule within the 3-month period expressly

provided by Clean Air Act section 307(d)(7)(B). If EPA does not

complete the reconsideration and rulemaking in this timeframe then it

will be necessary to temporarily extend the applicable compliance dates

until EPA completes final rulemaking action upon reconsideration. By

this action EPA proposes a temporary extension of the compliance dates

beyond the 3-months provided, only as necessary to complete

reconsideration and revision of the rule in question. If, following

consideration of public comment, EPA takes final action to extend these

compliance dates, the dates would be extended until the effective date

of EPA's final action following reconsideration of these rules.

The EPA is proposing this temporary extension of the compliance

dates in order to complete reconsideration of the rule, as discussed

above. The EPA intends to complete its reconsideration of the rule and,

following the notice and comment procedures of section 307(d) of the

Clean Air Act, take appropriate action as expeditiously as practicable.

If the reconsideration results in amendment of the applicability

provisions of the HON, the applicable compliance dates would be

extended to the date sources are required to comply with such amended

requirements. Elsewhere in today's Federal Register EPA is proposing

amendments to the HON to respond to the request for reconsideration.

That proposal would allow certain sources to defer compliance with the

HON under certain circumstances. The EPA will seek to ensure that the

affected parties are not unduly prejudiced by the EPA's

reconsideration.

Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify

that this rule will not have a significant economic impact on a

substantial number of small business entities.

Dated: October 11, 1994.

Carol M. Browner,

Administrator.

[FR Doc. 94-25740 Filed 10-21-94; 8:45 am]

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