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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5988-4]

RIN 2060-AH47

National Emission Standards for Hazardous Air Pollutants

Emissions: Group IV Polymers and Resins

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of compliance.

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SUMMARY: This action proposes 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 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 proposing this

temporary extension to February 27, 2001 to complete reconsideration

and any necessary revision to the rule. The EPA is proposing this

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

Because these amendments would merely extend the compliance date

for the process contact cooling tower (PCCT) provisions contained in 40

CFR 63.1329 for existing affected sources producing PET using the

continuous TPA high viscosity multiple end finisher process, the EPA

does not anticipate receiving relevant adverse comments. Consequently,

the proposed revisions to the promulgated rule providing the temporary

extension of the compliance date are also being issued as a direct

final rule in the Final Rules Section of this Federal Register.

If no relevant adverse comments are received on this proposal by

the due date for comments (see DATES section below), no further action

will be taken with respect to this proposal, and the direct final rule

will become final on the date provided in that action.

DATES: Comments. Comments must be received on or before April 30, 1998,

unless a hearing is requested by April 13, 1998. If a hearing is

requested, written comments must be received by May 15, 1998.

Public Hearing

Anyone requesting a public hearing must contact the EPA no later

than April 13, 1998. If a hearing is held, it will take place on April

15, 1998, beginning at 10:00 a.m.

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 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.

Public Hearing

If a public hearing is held, it will be held at the EPA's Office of

Administration Auditorium, Research Triangle Park, North Carolina.

Persons interested in attending the hearing or wishing to present oral

testimony should notify Ms. Marguerite Thweatt, U.S. Environmental

Protection Agency, MD-13, Research Triangle Park, N.C. 27711, telephone

(919) 541-5673.

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

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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 notice. If you have questions regarding the applicability of

the NESHAP addressed in this notice to a particular entity, consult the

person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

If no relevant adverse comments are timely received, no further

activity is contemplated in relation to this proposed rule, and the

direct final rule in the final rules section of this Federal Register

will automatically go into effect on the date specified in that rule.

If relevant adverse comments are timely received, the direct final rule

will be withdrawn and all public comment received will be addressed in

a subsequent final rule. Because the EPA will not institute a second

comment period on this proposed rule, any parties interested in

commenting should do so during this comment period.

For further supplemental information and the rule provisions, see

the information provided in the direct final rule in the final rules

section of this Federal Register.

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 proposed 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 proposed rule does not add any additional control requirements.

Therefore, this proposed rule was classified ``non-significant'' under

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

C. Regulatory Flexibility

The Regulatory Flexibility Act generally requires an Agency to

conduct a regulatory flexibility analysis of any rule subject to notice

and comment rulemaking requirements unless the Agency certifies that

the rule will not have a significant economic impact on a substantial

number of small entities. Small entities include small businesses,

small not-for-profit enterprises, and small government jurisdictions.

This proposal would not have a significant impact on a substantial

number of small entities because the proposed temporary compliance

extension would not impose any economic burden on any regulated

entities. Therefore, I certify that this action will not have a

significant economic impact on a substantial number of small 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 proposed 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.

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.

[FR Doc. 98-8213 Filed 3-30-98; 8:45 am]

BILLING CODE 6560-50-P