National Emission Standards for Hazardous Air Pollutants: Source Category List

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5824-5]

National Emission Standards for Hazardous Air Pollutants: Source

Category List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking (ANPR).

-----------------------------------------------------------------------

SUMMARY: The Clean Air Act (Act) requires the EPA to list (for

regulation under section 112 of the Act) all categories of major

sources of hazardous air pollutants (HAP's), and categories of area

sources if they present a threat of adverse effects to human health or

the environment. The EPA has listed many sources categories, but has

yet to list or regulate research and development (R&D) facilities.

Today's notice provides advance notice that the EPA intends to list

R&D, and solicits comments and information on the best way to list and

regulate such sources.

DATES: Comments. Comments must be received on or before June 11, 1997.

ADDRESSES: Comments. Comments should be submitted (in duplicate) to:

Air and Radiation Docket and Information Center (6102), Attention:

Docket No. A-97-11, U.S.

[[Page 25878]]

Environmental Protection Agency, 401 M Street, SW, Washington, DC

20460.

Docket. Docket No. A-97-11 is available for public inspection and

copying from 8:00 a.m. to 5:30 p.m. Monday through Friday, at the EPA's

Air and Radiation Docket and Information Center, Waterside Mall, Room

M-1500, Ground Floor, 401 M Street SW, Washington, DC 20460. A

reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning this ANPR,

contact Mr. Mark Morris at (919) 541-5416, Organic Chemicals Group,

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

Agency, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: The Clean Air Act (Act) requires that EPA

evaluate and control emissions of hazardous air pollutants (HAP's). The

control of HAP's is achieved through promulgation of emission standards

under section 112 of the Act for sources that emit HAP's. The Act

requires the EPA to publish a list of all categories and subcategories

of sources of HAP's. This list is required to be revised (no less often

than every 8 years), if appropriate, in response to public comment or

new information. The EPA published an initial list of source categories

on July 16, 1992. The list was last revised on June 14, 1996

(correction notice on July 18, 1996).

Section 112(c)(7) of the Act requires the EPA to ``establish a

separate category covering research or laboratory facilities, as

necessary to assure the equitable treatment of such facilities.'' Such

language was included in the Act because Congress was concerned that

research and laboratory facilities should not arbitrarily be included

in regulations that cover manufacturing operations. The Act defines

research or laboratory facility as ``any stationary source whose

primary purpose is to conduct research and development into new

processes and products, where such source is operated under the close

supervision of technically trained personnel and is not engaged in the

manufacture of products for commercial sale in commerce, except in a de

minimis manner.''

The EPA has interpreted the Act as requiring the listing of R&D

major sources. It is clear from section 112(c)(7) of the Act that

Congress intended for R&D to receive special treatment. The EPA has

interpreted this section of the Act as requiring the creation of a

separate category for R&D (as necessary to ensure equitable treatment

of such facilities); the EPA does not believe this section of the Act

provides the Agency with discretion regarding whether to list R&D major

sources. The EPA welcomes other interpretations (with legal basis)

regarding the discretion of the EPA in listing R&D major sources.

Research and development (R&D) is performed at many sources which

are already included in listed source categories. For example, R&D is

performed in the synthetic organic chemical manufacturing industry

(SOCMI), an industry which is addressed by the Hazardous Organic NESHAP

(HON). The HON does not apply to R&D operations, regardless of whether

they are located on the same site as a commercial chemical

manufacturing process. In the preamble to the proposed HON rule, the

EPA stated it had limited information on the operations of R&D

facilities and the appropriate controls for them. The EPA stated it was

uncertain how to structure a standard for R&D facilities, and concluded

it would be appropriate to establish a separate source category

covering R&D facilities to ensure equitable treatment of them. For

reasons similar to those given in the HON, R&D has been exempted from

other NESHAP's.

The EPA is now considering adding major R&D sources to the source

category list. The term ``major source'' is defined 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 HAP or 25 tons per year of any combination of HAP's. Sources that

emit HAP's in amounts smaller than those of a major source are called

area sources.

Language in the Act specifying special treatment of R&D facilities

(section 112(c)(7)), along with language in the legislative history of

the Act, suggests that Congress considered inequitable subjecting the

R&D facilities of an industry to a standard designed for the commercial

production processes of that industry. The application of such a

standard may be inappropriate because the wide range of R&D operations

and sizes, and the frequent changes in R&D operations, may be

significantly different from the typically large and continuous

production processes.

The Act requires the EPA to list all categories of major sources of

HAP's, and categories of area sources if they present a threat of

adverse effects to human health or the environment. The EPA has no

information indicating there are major or area R&D sources that are

required to be listed and regulated, other than those associated with

sources already included in listed source categories. Although the EPA

is not aware of other R&D sources that need to be added to the source

category list, such sources may exist, and the EPA is seeking

information about them. For example, what Federal, State, or private

research facilities, hospitals, universities, military facilities, etc.

require listing?

Since R&D is performed in many different industries, the EPA is

considering various ways of listing and addressing R&D. R&D major

sources could be listed as one category covering all R&D operations in

all industries. However, it may be difficult in this case to develop

standards general enough for the variety of sources, and to ensure the

standards are consistent with the minimum control requirements

(``floors'') required by the Act. R&D could also be listed as several

(or many) different source categories to account for the significant

differences between sources. The source categories already listed could

provide a guide for listing the R&D sources of the associated

industries, that is, for each listed source category, a corresponding

source category for R&D operations could be listed.

The EPA is seeking comments on the advantages and disadvantages of

the different ways to list R&D facilities described above, as well as

any other options for listing. The EPA is also seeking information on

R&D sources so it can assess the most reasonable and practical way to

list and regulate R&D. Such information includes descriptions of R&D

processes, magnitude of HAP emissions and methods of HAP emission

estimation, emission controls and their costs, and any existing State

or local regulations that may apply to R&D facilities. The EPA also

invites any trade groups associated with R&D operations to provide

information and participate in the process of listing and regulating

R&D.

Electronic Submission of Comments

Comments may be submitted electronically by sending electronic mail

(e-mail) to: [email protected]. Electronic comments must

be submitted as an ASCII file, avoiding the use of special characters

and any form of encryption. Comments will also be accepted on diskette

in WordPerfect 5.1 or ASCII file format. All comments in electronic

form must be identified by the docket number A-97-11. No Confidential

Business Information (CBI) should be submitted through e-mail.

Electronic comments

[[Page 25879]]

may be filed online at many Federal Depository Libraries.

Administrative Requirements

Because today's notice is not a rule or a proposed rule, the EPA

has not prepared an economic impact analysis pursuant to section 317 of

the Act, a regulatory flexibility analysis pursuant to the Regulatory

Flexibility Act, or a written statement under section 202 of the

Unfunded Mandates Act of 1995. Also, this notice does not contain any

information collection requirements and, therefore, is not subject to

the Paperwork Reduction Act.

Under Executive Order 12866 [58 FR 5173 (October 4, 1993)], the EPA

must determine whether the regulatory action is ``significant'' and

therefore subject to Office of Management and Budget (OMB) review and

the requirements of the Executive Order. The Executive Order defines

``significant regulatory action'' as one that is likely to result in

standards 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 entitlement, 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.

Pursuant to the terms of the Executive Order, the OMB has notified

the EPA that it considers this a ``significant regulatory action''

within the meaning of the Executive Order. The EPA submitted this

action to the OMB for review. Changes made in response to suggestions

or recommendations from the OMB were documented and included in the

public record.

List of Subjects

Air pollution control, Hazardous air pollutants, Research and

development, Environmental protection.

Dated: May 2, 1997.

Richard Wilson,

Acting Assistant Administrator for Air and Radiation.

[FR Doc. 97-12376 Filed 5-9-97; 8:45 am]

BILLING CODE 6560-50-P