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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5988-5]

RIN 2060-AH47

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: On September 12, 1996, the EPA published the Group IV Polymers

and Resins NESHAP (61 FR 48208). This action temporarily extends the

compliance date specified in 40 CFR 63.1311(c) for the provisions

contained in 40 CFR 63.1329 for existing affected sources producing

poly(ethylene terephthalate) (PET) using the continuous terephthalic

acid (TPA) high viscosity multiple end finisher process because the EPA

is in the process of responding to a request to reconsider relevant

portions of the rule (Docket Item: A-92-45; VI-A-1). The EPA is

providing this temporary extension to February 27, 2001 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 become effective May 20, 1998 without

further notice unless the Agency receives relevant adverse comments on

the parallel notice of proposed rulemaking by April 30, 1998. Should

the Agency receive such comments, it will publish a document informing

the public that this rule did not take effect. If relevant adverse

comments are received on the proposal, they 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.

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20460. The EPA requests that a separate copy also be sent to the

contact person listed below. 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: [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: www.epa.gov/ttn/oarpg/rules.html.

Regulated entities. Regulated categories and entities include:

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Examples of regulated

Category entities

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

using the continuous TPA

high viscosity multiple end

finisher process.

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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 published 40 CFR part 63, subpart

JJJ--Group IV Polymers and Resins NESHAP (61 FR 48208). The final rule

established a new subcategory for PET manufacture specified as the

continuous TPA high viscosity multiple end finisher subcategory. The

final rule also established standards for process contact cooling

towers (PCCT) contained in 40 CFR 63.1329 for existing affected sources

in the new subcategory. The final rule required existing affected

sources in the continuous TPA high viscosity multiple end finisher

subcategory to comply with 40 CFR 63.1329 beginning September 12, 1999

(see 40 CFR 63.1311(c)).

A petition has been submitted to the EPA requesting reconsideration

of the technical basis for establishment of the continuous TPA high

viscosity multiple end finisher subcategory (Docket Item: A-92-45; VI-

A-1). The petition presents new information related to the production

processes for the manufacture of PET that the petitioner claims calls

into question the need and justification for a separate subcategory for

the continuous TPA high viscosity multiple end finisher process. The

information presented in the petition has led the EPA to accept the

petitioner's request to reconsider the need for the continuous TPA high

viscosity multiple end finisher subcategory. When compared to the other

PET subcategories, there are two regulatory differences that pertain to

affected sources in the continuous TPA high viscosity multiple end

finisher subcategory; exemption from the equipment leaks provisions

contained in 40 CFR 63.1331 and requirements to limit the concentration

of ethylene glycol in PCCTs for existing affected sources under the

provisions contained in 40 CFR 63.1329. Because affected sources in the

continuous TPA high viscosity multiple end finisher subcategory are

exempt from the equipment leaks provisions, no action is required by

the EPA with regards to the equipment leaks provisions in response to

the request to reconsider. However, as a result of the EPA's need to

respond to the request to reconsider the need for the continuous TPA

high viscosity multiple end finisher subcategory, existing affected

sources in this subcategory cannot be certain of the final standards

for PCCTs. If the EPA finds that the continuous TPA high viscosity

multiple end finisher subcategory is not justified, existing affected

sources in this subcategory will be subject to a PCCT performance

standard that has yet to be determined. If the EPA finds that the

continuous TPA high viscosity multiple end finisher subcategory is

justified, existing affected sources in this subcategory will be

subject to the current PCCT standard, but owners or operators will have

lost considerable time in preparing for compliance.

At this time, representatives of one existing affected source in

the continuous TPA high viscosity multiple end finisher subcategory

have informed the EPA in writing (Docket Item: A-92-45; VI-D-8) that

they are on the verge of committing to capital expenditures to purchase

equipment necessary to comply with the current PCCT standard. Because

of the uncertainty of the final standards for PCCTs and the impending

need to commit to capital expenditures, representatives of this

existing affected source have requested temporary relief from the PCCT

standard. For these reasons, the EPA is providing a temporary extension

of the compliance date specified in 40 CFR 63.1311(c) from September

12, 1999, until February 27, 2001, for the provisions contained in 40

CFR 63.1329 for existing affected sources producing PET using the

continuous TPA high viscosity multiple end finisher process to allow

the EPA to fully evaluate the petition for reconsideration and take any

curative regulatory action necessary. The new compliance date is 3

years from the effective date of the rule. See 63 FR

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9944 (February 27, 1998). Following completion of reconsideration, any

subsequent curative rulemaking will also include consideration of the

appropriate compliance date for any revised standard. This temporary

extension applies only to existing affected sources producing PET using

the continuous TPA high viscosity multiple end finisher 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 date

specified in 40 CFR 63.1311(c) for the provisions contained in 40 CFR

63.1329, 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.

Following the EPA's reconsideration of the rule, the EPA will

establish a new compliance date for the provisions contained in 40 CFR

63.1329 that is most likely to be beyond the current compliance date of

September 12, 1999. Such an extension beyond September 12, 1999 is

likely to be necessary for the following reasons. As discussed earlier,

if the EPA finds that the continuous TPA high viscosity multiple end

finisher subcategory is not justified, existing affected sources in

this subcategory will be subject to a PCCT performance standard that

has yet to be determined. Development of any such standard will include

evaluation of how much time will be needed for compliance. On the other

hand, if the EPA finds that the continuous TPA high viscosity multiple

end finisher subcategory is justified, existing affected sources in

this subcategory will be subject to the current PCCT standard but will

have lost considerable time in preparing for compliance by the

September 12, 1999 compliance date. In such a case additional time

beyond the September 12, 1999 compliance date may be required.

II. Authority for Temporary Extension of the Compliance Date and

Reconsideration

The temporary extension of the compliance date specified in 40 CFR

63.1311(c) for the provisions contained in 40 CFR 63.1329 for existing

affected sources producing PET using the continuous TPA high viscosity

multiple end finisher process 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

publication of the final rule. Therefore, the EPA is providing a

temporary extension of the compliance date specified in 40 CFR

63.1311(c) for the provisions contained in 40 CFR 63.1329 for existing

affected sources producing PET using the continuous TPA high viscosity

multiple end finisher process in order to allow time to reconsider the

issues raised by the petitioner. This reconsideration was undertaken

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

III. Impacts

The extension of the compliance date for PCCTs at existing affected

sources producing PET using the continuous TPA high viscosity multiple

end finisher process will not affect the eventual annual estimated

emissions reduction or the control cost for the rule.

IV. Administrative

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. 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 date specified in 40 CFR 63.1311(c) for the provisions

contained in 40 CFR 63.1329 for existing affected sources producing PET

using the continuous TPA high viscosity multiple end finisher process.

The direct final rule does not add any additional control requirements.

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.

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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 Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

major rule as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

Dated: March 23, 1998.

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 paragraph (c)

introductory text to read as follows:

Sec. 63.1311 Compliance schedule and relationship to existing

applicable rules.

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(c) Existing affected sources shall be in compliance with this

subpart (except for Sec. 63.1331 for which compliance is covered by

paragraph (d) of this section) no later than September 12, 1999, as

provided in Sec. 63.6(c), unless an extension has been granted as

specified in paragraph (e) of this section, except that the compliance

date for the provisions contained in 40 CFR 63.1329 is temporarily

extended from September 12, 1999, to February 27, 2001, for existing

affected sources whose primary product, as determined using the

procedures specified in Sec. 63.1310(f), is PET using a continuous

terephthalic acid high viscosity multiple end finisher process.

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[FR Doc. 98-8212 Filed 3-30-98; 8:45 am]

BILLING CODE 6560-50-P