National Emission Standards for Hazardous Air Pollutants Emissions: Group IV Polymers and Resins

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5836-6]

RIN 2060-AE37

National Emission Standards for Hazardous Air Pollutants

Emissions: Group IV Polymers and Resins

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; extension of compliance.

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SUMMARY: This action provides a temporary extension of the compliance

dates specified in 40 CFR 63.1311(b) and (d) for poly(ethylene

terephthalate) (PET) affected sources and announces the reconsideration

of the equipment leak provisions contained in 40 CFR 63.1331 as these

provisions pertain to PET affected sources. The EPA is providing this

temporary extension only as necessary to complete reconsideration and

any necessary revision to the rule. The EPA is providing this temporary

extension pursuant to Clean Air Act section 301(a)(1).

DATES: The direct final rule will be effective July 27, 1997. However,

if significant adverse comments on any portion of the direct final rule

are received by July 7, 1997 then the EPA will publish a timely

withdrawal of the direct final rule, and all public comments received

will be addressed in a subsequent final rule. For additional

information concerning comments, see the parallel proposal notice found

in the Proposed Rules Section of this Federal Register.

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

possible) to: Air and Radiation Docket and Information Center (6102),

Attention Docket Number A-92-45 (see docket section below), Room M-

1500, U.S. Environmental Protection Agency, 401 M Street, SW,

Washington, D.C. 20460. The EPA requests that a separate copy also be

sent to the contact person listed under FOR FURTHER INFORMATION

CONTACT. Comments and data may also be submitted electronically by

following the instructions provided in the SUPPLEMENTARY INFORMATION

section. No Confidential Business Information (CBI) should be submitted

through electronic mail.

Docket. The official record for this rulemaking has been

established under docket number A-92-45 (including comments and data

submitted electronically as described below). A public version of this

record, including printed, paper versions of electronic comments and

data, which does not include any information claimed as CBI, is

available for inspection between 8 a.m. and 4 p.m., Monday through

Friday, excluding legal holidays. The official rulemaking record is

located at the address in the ADDRESSES section. Alternatively, a

docket index, as well as individual items contained within the docket,

may be obtained by calling (202) 260-7548 or (202) 260-7549. A

reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Rosensteel, 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) 541-5608.

SUPPLEMENTARY INFORMATION:

Electronic Filing

Electronic comments and data can be sent directly to EPA at: a-and-

[email protected]. Electronic comments and data must be

submitted as an ASCII file avoiding the use of special characters and

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

diskette in WordPerfect 5.1 file format or ASCII file format. All

comments and data in electronic form must be identified by the docket

number A-92-45. Electronic comments may be filed online at many Federal

Depository Libraries.

Electronic Availability

This document is available in docket number A-92-45 or by request

from the EPA's Air and Radiation Docket and Information Center (see

ADDRESSES), and is available for downloading from the Technology

Transfer Network (TTN), the EPA's electronic bulletin board system. The

TTN provides information and technology exchange in various areas of

emissions control. The service is free, except for the cost of a

telephone call. Dial (919) 541-5742 for up to a 14,000 baud per second

modem. For further information, contact the TTN HELP line at (919) 541-

5348, from 1:00 p.m. to 5:00 p.m., Monday through Friday, or access the

TTN web site at: http://ttnwww.rtpnc.epa.gov.

Regulated entities

Regulated categories and entities include:

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Category Examples of regulated entities

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Industry............................ Facilities that produce PET.

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[[Page 30994]]

This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities regulated by the NESHAP addressed

in this direct final rule. If you have questions regarding the

applicability of the NESHAP addressed in this direct final rule to a

particular entity, consult the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section.

The information presented in this preamble is organized as follows:

I. Background and Rationale

II. Authority for Temporary Extension of the Compliance Date and

Reconsideration

III. Impacts

IV. Administrative Requirements

I. Background and Rationale

On September 12, 1996, the EPA promulgated 40 CFR part 63, subpart

JJJ--Group IV Polymers and Resins NESHAP (61 FR 48208). 40 CFR 63.1331

establishes standards for equipment leaks based on the equipment leaks

provisions from the Hazardous Organic NESHAP, 40 CFR part 63, subpart

H. The final rule required existing sources to comply with 40 CFR

63.1331 beginning March 12, 1997 (see 40 CFR 63.1311(d)). On January

14, 1997, EPA extended the compliance date for 40 CFR 63.1331 from

March 12, 1997 to July 31, 1997.

A petition has been submitted to the EPA by two PET manufacturers

requesting reconsideration of the technical basis for estimates of

emissions, emission reductions, and costs for equipment leaks emission

control at PET affected sources. The petition summarizes new

information claimed by the petitioners to ``confirm the petitioners'

comments made during the public comment period questioning the validity

of EPA's predictions of the costs and cost-effectiveness of the leak

detection and repair program.'' This new information, which the EPA did

not have prior to promulgation of the final rule, includes data related

to emissions and costs and has led the EPA to accept the petitioner's

request to reconsider the equipment leak provisions of the rule

applicable to PET affected sources. A second petition was subsequently

filed by a third PET manufacturer requesting the same relief. For these

reasons, the EPA is providing a temporary extension of the compliance

date associated with the provisions of 40 CFR 63.1331 that regulate

equipment leaks for PET affected sources until such time as the EPA is

able to fully evaluate the petition for reconsideration and take any

curative regulatory action necessary. This temporary extension applies

to affected sources in the following regulated subcategories: (1) PET

using a batch dimethyl terephthalate process; (2) PET using a

continuous dimethyl terephthalate process; (3) PET using a batch

terephthalic acid process; and (4) PET using a continuous terephthalic

acid process. It does not affect any other provisions of the rule or

any other source categories or subcategories.

By this action the EPA is providing, pursuant to Clean Air Act

section 301(a)(1), a temporary extension of the compliance dates

specified in 40 CFR 63.1311(b) and (d), only as necessary to complete

reconsideration and potential revision of the rule. The EPA intends to

complete its reconsideration of the rule and, following the notice and

comment procedures of Clean Air Act section 307(d), take appropriate

action as expeditiously as practical. The EPA does not believe this

temporary extension will, as a practical matter, impact the overall

effectiveness of the rule. The EPA will seek to ensure that the

affected parties are not unduly prejudiced by the EPA's

reconsideration. The compliance date will only be extended until the

effective date of the EPA's final action following reconsideration of

the rule. In no event will the extension last beyond September 12, 1999

which is the latest compliance date permitted by section 112 of the

Clean Air Act (in the absence of a one year extension).

II. Authority for Temporary Extension of the Compliance Date and

Reconsideration

The temporary extension of the compliance dates specified in 40 CFR

63.1311 (b) and (d) for PET affected sources is being undertaken

pursuant to Clean Air Act section 301(a)(1). Reconsideration is being

undertaken pursuant to Clean Air Act section 307(d)(7)(B).

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 emissions and cost data which serve as the basis

for the summary of data provided by the petitioners became available

after the close of the comment period on the rule. Therefore, the EPA

is temporarily extending the compliance date specified in 40 CFR

63.1311 (b) and (d) for PET affected sources in order to allow time to

reconsider the provisions of 40 CFR 63.1331 as these provisions pertain

to PET affected sources.

III. Impacts

The extension on the compliance date for equipment leaks at PET

affected sources will not affect the eventual annual estimated

emissions reduction or the control cost for the rule.

IV. Administrative Requirements

A. Paperwork Reduction Act

For the Group IV Polymers and Resins NESHAP, the information

collection requirements were submitted to the Office of Management and

Budget (OMB) under the Paperwork Reduction Act. The OMB approved the

information collection requirements and assigned OMB control number

2060-0351. An Agency may not conduct or sponsor, and a person is not

required to respond to, a collection of information unless it displays

a currently valid OMB control number. The OMB control numbers for the

EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.

The EPA has amended 40 CFR part 9, section 9.1, to indicate the

information collection requirements contained in the Group IV Polymers

and Resins NESHAP.

This action has no impact on the information collection burden

estimates made previously. Therefore, the ICR has not been revised.

B. Executive Order 12866 Review

Under Executive Order 12866, the EPA must determine whether the

regulatory action is ``significant'' and therefore, subject to OMB

review and the requirements of the Executive Order. The Executive Order

defines ``significant regulatory action'' as one that is likely to lead

to a rule 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 in 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 entitlements, 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.

The direct final rule will provide a temporary extension of the

compliance dates specified in 40 CFR 63.1311 (b) and (d) for PET

affected sources. The direct final rule does not add any additional

control requirements.

[[Page 30995]]

Therefore, this direct final rule was classified ``non-significant''

under Executive Order 12866 and was not required to be reviewed by OMB.

C. Regulatory Flexibility

EPA has determined that it is not necessary to prepare a regulatory

flexibility analysis in connection with this final rule. EPA has also

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

substantial number of small entities because the temporary compliance

extension would not impose any economic burden on any regulated

entities.

D. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact

statement to accompany any proposed or final rule that includes a

Federal mandate that may result in estimated costs to State, local, or

tribal governments in the aggregate, or to the private sector, of $100

million or more. Under section 205, the EPA must select the least

costly, most cost-effective, or least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires the EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

The EPA has determined that this direct final rule does not include

a Federal mandate that may result in estimated costs of $100 million or

more to either State, local, or tribal governments in the aggregate, or

to the private sector. Therefore, the requirements of the Unfunded

Mandates Act do not apply to this action.

E. Submission to Congress and the General Accounting Office

Under Subtitle E of the Small Business Regulatory Enforcement

Fairness Act of 1996, the EPA submitted a report containing this rule

and other required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the General Accounting

Office prior to publication of this direct final rule in the Federal

Register. This is not a ``major rule'' as defined by Subtitle E.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

Dated: May 30, 1997.

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.

Subpart JJJ--National Emission Standards for Hazardous Air

Pollutant Emissions: Group IV Polymers and Resins.

2. Section 63.1311 is amended by revising paragraphs (b) and (d)

introductory text and by adding paragraph (d)(6) to read as follows:

Sec. 63.1311 Compliance schedule and relationship to existing

applicable rules.

* * * * *

(b) New affected sources that commence construction or

reconstruction after March 29, 1995 shall be in compliance with this

subpart upon initial start-up or September 12, 1996, whichever is

later, as provided in Sec. 63.6(b), except that new affected sources

whose primary product, as determined using the procedures specified in

Sec. 63.1310(f), is PET shall be in compliance with Sec. 63.1331 upon

initial start-up or September 12, 1999, whichever is later.

* * * * *

(d) Except as provided for in paragraphs (d)(1) through (d)(6) of

this section, existing affected sources shall be in compliance with

Sec. 63.1331 no later than July 31, 1997 unless a request for a

compliance extension is granted pursuant to Section 112(i)(3)(B) of the

Act, as discussed in Sec. 63.182(a)(6).

* * * * *

(6) Notwithstanding paragraphs (d)(1) through (d)(4) of this

section, existing affected sources whose primary product, as determined

using the procedures specified in Sec. 63.1310(f), is PET shall be in

compliance with Sec. 63.1331 no later than September 12, 1999.

* * * * *

[FR Doc. 97-14860 Filed 6-5-97; 8:45 am]

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