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-5092-4]

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: Notice of partial stay and reconsideration.

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SUMMARY: Today's action announces a partial 3-month stay of certain

national emission standards for hazardous air pollutants for certain

sources. The effectiveness of the ``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'' (April 22, 1994) and (June 6, 1994) (collectively known as the

``hazardous organics NESHAP'' or the ``HON''), including the applicable

compliance dates, is stayed for 3 months pending reconsideration. The

EPA is issuing this stay pursuant to Clean Air Act section

307(d)(7)(B), 42 U.S.C. 7607(d)(7)(B), which provides the Administrator

authority to stay the effectiveness of a rule during reconsideration.

Elsewhere in the Proposed Rules Section of today's Federal Register

EPA proposes to defer compliance with the HON for sources meeting

certain criteria, and to extend the compliance date for sources

affected by today's stay, for as long as is necessary to complete the

rulemaking granting this deferral.

This stay affects only those sources for which the owner or

operator makes a representation in writing to the Administrator that

the resolution of the area source definition issues could have an

effect on the compliance status of the source with respect to subparts

F, G, H, and I of part 63.

EFFECTIVE DATE: October 24, 1994.

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:

I. Background

On April 22, 1994 (59 FR 19402), and June 6, 1994 (59 FR 29196),

the Environmental Protection Agency promulgated in the Federal Register

a NESHAP for the synthetic organic chemical manufacturing industry, and

for several other processes subject to the equipment leaks portion of

the rule. These regulations were promulgated as subparts F, G, H, and I

in 40 CFR part 63, and are commonly referred to as the hazardous

organics NESHAP, or the HON. Section 63.100 of the rule provides that

the rule is applicable to chemical manufacturing process units that,

among other requirements, ``are located at a plant site that is a major

source as defined in section 112(a) of the Act.''

Section 112(a) of the Act defines a ``major source'' as ``any

stationary source or group of stationary sources located within a

contiguous area and under common control that emits or has the

potential to emit considering controls, in the aggregate, 10 tons per

year or more of any hazardous air pollutant or 25 tons per year or more

of any combination of hazardous air pollutants * * *'' Any stationary

source that does not emit, or have the potential to emit, these

quantities, is defined by the Act as an ``area source.'' On March 16,

1994, EPA promulgated, in subpart A to 40 CFR part 63, a definition of

``potential to emit.'' A key aspect of the potential to emit definition

is that restrictions must be federally enforceable.

The EPA is in the process of clarifying the administrative

procedures that can be used by source owners and operators to create

federally enforceable restrictions on potential to emit. However, in

the interim there may be sources that would qualify as area sources

exempt from the HON which do not have the ability to demonstrate to EPA

that their potential to emit is below major source levels. A petition

for reconsideration has been submitted to EPA requesting that the HON

be revised such that sources that may be area are not required to

comply with the HON due to their inability to prove that they are area

sources. For this reason EPA is staying the HON for 3 months in order

to respond to the petition for reconsideration and revise the rule as

necessary to resolve this issue.

The EPA believes that the majority of HON-affected sources emit

well above major source levels. Accordingly, today's stay does not

affect all sources.

II. Issuance of Stay

The EPA hereby issues a 3-month administrative stay of the

effectiveness of the HON, including the applicable compliance dates.

EPA will reconsider the compliance dates in the rule and following the

notice and comment procedures of section 307(d) of the Clean Air Act,

will take appropriate action. 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.

III. Authority for Stay and Reconsideration

The administrative stay and reconsideration of the HON and its

associated compliance periods announced by this notice are being

undertaken pursuant to section 307(d)(7)(B) of the Clean Air Act, 42

U.S.C. 7607(d)(7)(B). That provision authorizes the Administrator to

stay the effectiveness of a rule for 3 months in order to consider a

request for reconsideration. 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 lack of a mechanism by which to ensure federal

enforceability of a source's potential to emit only became apparent

after the close of comment on the rule. Therefore, EPA is staying the

effectiveness of the rule for 3 months in order to allow time to

reconsider this issue.

IV. Proposed Compliance Extension

The EPA may not be able to complete the reconsideration (including

any appropriate regulatory action) of the rule stayed by this notice

within the 3-month period expressly provided in section 307(d)(7)(B).

If EPA does not complete the reconsideration in this timeframe then it

will be necessary to temporarily extend the applicable compliance

dates. In the Proposed Rule Section of today's Federal Register EPA

proposes a temporary extension of the compliance dates beyond 3 months

if necessary in order to complete reconsideration and revision of the

rules in question.

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.

Title 40 of the Code of Federal Regulations, chapter I, part 63,

subparts F, G, H, and I are being 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.

2. Section 63.100 is amended by adding paragraph (n) to read as

follows:

Sec. 63.100 Applicability and designation of source.

* * * * *

(n) Rules Stayed for Reconsideration. Notwithstanding any other

provision of this subpart, the effectiveness of subpart F is stayed

from October 24, 1994, to January 23, 1995 only as applied to those

sources for which the owner or operator makes a representation in

writing to the Administrator that the resolution of the area source

definition issues could have an effect on the compliance status of the

source with respect to subpart F.

3. Section 63.110 is amended by adding paragraph (g) to read as

follows:

Sec. 63.110 Applicability.

* * * * *

(g) Rules Stayed for Reconsideration. Notwithstanding any other

provision of this subpart, the effectiveness of subpart G is stayed

from October 24, 1994, to January 23, 1995 only as applied to those

sources for which the owner or operator makes a representation in

writing to the Administrator that the resolution of the area source

definition issues could have an effect on the compliance status of the

source with respect to subpart G.

4. Section 63.160 is amended by adding paragraph (d) to read as

follows:

Sec. 63.160 Applicability and designation of source.

* * * * *

(d) Rules Stayed for Reconsideration. Notwithstanding any other

provision of this subpart, the effectiveness of subpart H is stayed

from October 24, 1994, to January 23, 1995 only as applied to those

sources for which the owner or operator makes a representation in

writing to the Administrator that the resolution of the area source

definition issues could have an effect on the compliance status of the

source with respect to subpart H.

5. Section 63.190 is amended by adding paragraph (h) to read as

follows:

Sec. 63.190 Applicability and designation of source.

* * * * *

(h) Rules Stayed for Reconsideration. Notwithstanding any other

provision of this subpart, the effectiveness of subpart I is stayed

from October 24, 1994, to January 23, 1995 only as applied to those

sources for which the owner or operator makes a representation in

writing to the Administrator that the resolution of the area source

definition issues could have an effect on the compliance status of the

source with respect to subpart I.

[FR Doc. 94-25742 Filed 10-21-94; 8:45 am]

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