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; Extension of Compliance

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5147-1]

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; Extension of Compliance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; extension of compliance.

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SUMMARY: On October 24 and 28, 1994, EPA announced a partial 3-month

stay and reconsideration of certain aspects 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 also proposed,

pursuant to Clean Air Act section 301(a)(1), 42 U.S.C. 7601(a)(1), to

extend temporarily the applicable compliance dates for sources subject

to the stay, but only as necessary to complete the two reconsiderations

(including appropriate regulatory action) of the rule in question. The

EPA received no adverse public comment on either of the two proposed

short-term compliance extensions. The EPA is extending the compliance

dates until April 24, 1995. A short-term extension of this nature is

well within the 3-year period allowed by the Act.

EFFECTIVE DATE: January 27, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. Janet S. Meyer, 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) 541-5254.

SUPPLEMENTARY INFORMATION:

I. Compliance Extension

On October 24, 1995 (59 FR 53359) EPA announced that, pursuant to

Clean Air Act section 307(d)(7)(B), it is reconsidering certain

portions of the HON rule. The October 24, 1995 administrative stay

applied only to those source owners or operators who make a

representation in writing that resolution of the area source definition

issues could affect whether the facility is subject to the HON. Readers

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

and rule affected.

On October 28, 1995 (59 FR 54131), EPA announced an administrative

stay of the effectiveness of the provisions for compressors and for

surge control vessels and bottoms receivers for sources subject to the

October 24, 1994 compliance date pending reconsideration of those

provisions. Readers should refer to that notice and the associated

proposed amendments to subpart H (59 FR 54154) for a complete

discussion of the background and the proposed changes to the rule.

Along with both notices of partial stay and reconsideration, EPA

also proposed to extend the compliance dates beyond the 3 months

provided, as necessary to complete reconsideration and revision of the

rule in question.

Ten comment letters were received on each of the two notices of

partial stay and reconsideration. No adverse [[Page 5321]] comments

were received on either proposal to extend the compliance dates beyond

3 months, if necessary, in order to complete reconsideration and

revision of the rules in question. As EPA finds that it is not able to

complete the reconsideration and the regulatory action to the rule

within the 3 month period, EPA is extending the compliance date until

April 24, 1995. The EPA expects to complete the regulatory action on

both petitions for reconsideration before the April compliance date.

II. Judicial Review

Under section 307(b)(1) of the Clean Air Act (CAA), judicial review

of the actions taken by this final rule is available only on the filing

of a petition for review in the U.S. Court of Appeals for the District

of Columbia Circuit within 60 days of today's publication of this

action. Under section 307(b)(2) of the CAA, the requirements that are

subject to today's notice may not be challenged later in civil or

criminal proceedings brought by EPA to enforce these requirements.

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.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances.

Dated: January 23, 1995.

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.

2. Section 63.100 is amended by revising paragraphs (n) and (o) 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 April 24, 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.

(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 April 24, 1995 only as

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

3. Section 63.110 is amended by revising 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 April 24, 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 revising 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 April 24, 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 revising paragraphs (h) and (i) 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 April 24, 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.

(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 April 24, 1995 only as

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

[FR Doc. 95-2129 Filed 1-24-95; 4:13 pm]

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