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-5099-4]

RIN 2060-AC19

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 and

reconsideration of certain national emission standards for hazardous

air pollutants for certain sources. The effectiveness of provisions 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'' 59 FR 19402 (April 22,

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

``hazardous organic NESHAP'' or the ``HON''), for compressors and for

surge control vessels and bottoms receivers 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

the EPA proposes (1) to defer compliance with the HON equipment leak

provisions establishing standards for compressors and for surge control

vessels and bottoms receivers, and (2) 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.

EFFECTIVE DATE: October 28, 1994. This stay affects only those sources

that had been required to comply with 40 CFR 63.164 and 63.170 as of

October 24, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Jan Meyer at (919) 541-5254,

Emission Standards Division (MD-13), US 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 EPA promulgated in the Federal Register national emission standards

for hazardous air pollutants (``NESHAP'') for the synthetic organic

chemical manufacturing industry (``SOCMI''), 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 HON. Subpart H establishes

standards for equipment leaks, including standards for compressors (40

CFR 63.164) and for surge control vessels and bottoms receivers (40 CFR

63.170). The final rule required existing sources to comply with

subpart H beginning October 24, 1994, for some groups of SOCMI

processes and for processes subject to subpart I (see 40 CFR

63.100(k)(3)(i) and 63.190(e)(2)).

A petition for reconsideration has been submitted to the EPA

requesting the HON be revised in order for sources to have additional

time to comply with the equipment leak provisions applicable to

compressors and to surge control vessels and bottoms receivers. The

petition contains new information demonstrating that compliance by

October 24, 1994, with the standards applicable to compressors and to

surge control vessels and bottoms receivers, is not possible because at

many facilities major equipment modifications or replacements are

necessary in order to comply with the standards. This new information,

which the EPA did not have prior to the promulgation of the HON, is

described more fully in the notice contained in the Proposed Rules

section of today's Federal Register that proposes to defer compliance

with the equipment leak provisions of the HON that are applicable to

compressors and to surge control vessels and bottoms receivers. For

these reasons, the EPA is staying the effectiveness of the provisions

of the HON applicable to leaks from compressors and from surge control

vessels and bottoms receivers for 3 months in order to respond to the

petition for reconsideration and revise the rule as necessary to

resolve this issue.

This stay affects only those sources that had been required to

comply with 40 CFR 63.164 and 63.170 as of October 24, 1994 (see 40 CFR

63.100(k)(3)(i) and 63.190(e)(2)). It does not affect those sources

required to comply as of January 23, 1995, or later (see 40 CFR

63.100(k)(3)(ii) through (k)(3)(v). In the proposal contained in

today's Federal Register, however, EPA is proposing a compliance

extension for the sources required to comply as of January 23, 1995, or

later, as well as the sources required to comply as of October 24,

1994. Accordingly, today's stay does not affect all sources with

compressors or surge control vessels and bottoms receivers.

II. Issuance of Stay

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

effectiveness of the HON equipment leak provisions applicable to

compressors and to surge control vessels and bottoms receivers for

sources required to comply beginning on October 24, 1994. The 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.

III. Authority for Stay and Reconsideration

The administrative stay and reconsideration 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 up to 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 problems attendant to requiring compliance with the

equipment leak provisions applicable to compressors and to surge

control vessels and bottoms receivers only became apparent after the

close of comment on the rule. Therefore, the 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 the 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, the 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 action will not have a significant economic impact on a

substantial number of small business entities.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

Dated: October 24, 1994.

Carol M. Browner,

Administrator.

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

subparts F, 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 (o) to read as

follows:

Sec. 63.100 Applicability and designation of source.

* * * * *

(o) Sections Stayed for Reconsideration. Notwithstanding any other

provision of this subpart, the effectiveness of Secs. 63.164 and 63.170

of subpart H is stayed from October 28, 1994, to January 26, 1995 only

as applied to those sources subject to Sec. 63.100 (k)(3)(i).

3. Section 63.190 is amended by adding paragraph (i) to read as

follows:

Sec. 63.190 Applicability and designation of source.

* * * * *

(i) Sections Stayed for Reconsideration. Notwithstanding any other

provision of this subpart, the effectiveness of Secs. 63.164 and 63.170

of subpart H is stayed from October 28, 1994, to January 26, 1995 only

as applied to those sources subject to Sec. 63.190 (e)(2).

[FR Doc. 94-26818 Filed 10-27-94; 8:45 am]

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