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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6355-5]

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: The EPA is taking direct final action to extend certain

compliance dates contained in National Emissions Standards for

Hazardous Air Pollutants Emissions: Group IV Polymers and Resins. The

revisions concern extending the compliance dates specified in 40 CFR

63.1311(b) and (d)(6) for polyethylene terephthalate (PET) affected

sources. We are approving these compliance extensions pursuant to Clean

Air Act section 301(a)(1) to complete reconsideration of equipment

leaks provisions and any necessary revision to the rule.

DATES: The direct final rule is effective on August 9, 1999, without

further notice, unless the EPA receives adverse comment by July 8,

1999. If we receive such comment, we will publish a timely withdrawal

in the Federal Register informing the public that this rule will not

take effect.

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.

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. Keith Barnett, 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) 541-5605.

SUPPLEMENTARY INFORMATION:

Electronic Filing

Electronic comments and data can be sent directly to the 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

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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://www.epa.gov/ttn/oarpg.

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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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 EPA is publishing this rule without prior proposal because we

view this as a noncontroversial amendment and anticipate no adverse

comment. However, in the ``Proposed Rule'' section of today's Federal

Register publication, we are publishing a separate document that will

serve as the proposal to approve the extension of the compliance dates

specified in 40 CFR 63.1311 (b) and (d)(6) for polyethylene

terephthalate (PET) affected sources if adverse comments are filed.

This rule will be effective on August 9, 1999, without further notice,

unless we receive adverse comment by July 8, 1999. If the EPA receives

adverse comment, we will publish a timely withdrawal in the Federal

Register informing the public that the rule will not take effect. We

will address all public comments in a subsequent final rule based on

the proposed rule. We will not institute a second comment period on

this action. Any parties interested in commenting must do so at this

time.

The information presented in this preamble is organized as follows:

I. Background and Rationale

II. Authority for 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 (HON), 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)).

Subsequent to the promulgation of the Group IV Polymers and Resins

rule, the EPA promulgated changes to the equipment leak provisions of

the HON. In addition, a petition was submitted to the EPA requesting

reconsideration of the equipment leak provisions of the rule affecting

PET facilities. As a result, the compliance date for 40 CFR 63.1331 for

existing PET facilities has twice been extended and is currently

September 12, 1999, which is three years after promulgation of the

rule. After the last compliance extension, the effective date of the

Group IV Polymers and Resins rule was changed to February 27, 1998 to

comply with sections 801 and 802 of the Congressional Review Act.

The petition was submitted to the EPA by two PET manufacturers

requesting reconsideration of the technical basis for estimates of

emissions, emission reduction, and costs for equipment leaks emission

control at PET affected sources. A second petition was subsequently

filed by a third PET manufacturer requesting the same relief. The

petitions summarize new information claimed by the petitioners to

``confirm the petitioners' comments made during the public comment

period questioning the validity of the 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. The EPA

elected to act upon the petitioners' requests to reconsider the

equipment leak provisions of the 1996 rule, as it applies to PET

affected sources.

The EPA's reconsideration has created uncertainty with regard to

compliance requirements for the PET equipment leak provisions.

Furthermore, the EPA's reconsideration has led the Agency to publish in

the ``Proposed Rules'' section of today's Federal Register publication

a proposal to deny the petitions. The EPA will consider public comments

on this proposed denial and publish a final action on the petitions.

Therefore, this period of uncertainty will continue until the EPA

publishes a final decision on the petitions. For these reasons, the EPA

is providing an extension of the compliance dates associated with the

provisions of 40 CFR 63.1331, which regulate equipment leaks for PET

affected sources, until such time as the EPA is able to take final

action on the petitions for reconsideration. This 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 Polymers

and Resins Group IV rule, or any other source categories or

subcategories.

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

section 301(a)(1), an extension of the compliance dates specified in 40

CFR 63.1311(b) and (d)(6), 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 possible. The EPA does not believe this

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 be extended until February 27, 2001 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 Extension of the Compliance Date and

Reconsideration

The extension of the compliance dates specified in 40 CFR

63.1311(b) and (d)(6) 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 bases

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 extending the

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compliance dates specified in 40 CFR 63.1311(b) and (d)(6) 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 of 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

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 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--Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA

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

therefore subject to review by OMB on the basis of the requirements of

the Executive Order in addition to its normal review requirements. The

Executive Order defines ``significant regulatory action'' as one that

is likely to result in 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, 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 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.

Today's action does not fall within any of the four categories

described above. Instead, the direct final rule will provide an

extension of the compliance dates specified in 40 CFR 63.1311(b) and

(d)(6) for PET affected sources. 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

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

regulatory flexibility analysis in connection with this final rule. The

EPA has also determined that this rule will not have a significant

impact on a substantial number of small entities because the compliance

extension would not impose any economic burden on any regulated

entities.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public

Law 104-4, establishes requirements for Federal agencies to assess the

effects of their regulatory actions on State, local and tribal

governments and the private sector. Under section 202 of the UMRA, the

EPA generally must prepare a written statement, including a cost-

benefit analysis, for proposed and final rules with ``Federal

mandates'' that may result in expenditures to State, local and tribal

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

or more in any one year. Before promulgating an EPA rule for which a

written statement is needed, section 205 of the UMRA generally requires

the EPA to identify and consider a reasonable number of regulatory

alternatives and adopt the least costly, most cost-effective or least

burdensome alternative that achieves the objects of the rule. The

provisions of section 205 do not apply when they are inconsistent with

applicable law. Moreover, section 205 allows the EPA to adopt an

alternative other than the least costly, most cost-effective or least

burdensome alternative if the Administrator publishes with the final

rule an explanation of why that alternative was not adopted. Before the

EPA establishes any regulatory requirements that may significantly or

uniquely affect small governments, including tribal governments, it

must have developed under section 203 of the UMRA a small government

agency plan. The plan must provide for notifying potentially affected

small governments, enabling officials of affected small governments to

have meaningful and timely input in the development of EPA regulatory

proposals with significant Federal intergovernmental mandates, and

informing, educating, and advising small governments on compliance with

the regulatory requirements.

Today's direct final rule contains no Federal mandates (under the

regulatory provisions of Title II of the UMRA) for State, local or

tribal governments or the private sector. Instead, this rule provides

additional time to comply with some requirements of the Group IV

Polymers and Resins NESHAP. In any event, the EPA has determined that

this rule does not contain a Federal mandate that may result in

expenditure of $100 million or more for State, local and tribal

governments, in the aggregate, or the private sector, in any one year.

Thus today's direct final rule is not subject to the requirements of

sections 202 and 205 of the UMRA.

We also have determined that this rule contains no regulatory

requirements that might significantly or uniquely affect small

governments. This rule does not impose any enforceable duties on small

governments, i.e., they own or operate no sources subject to this rule

and therefore are not required to purchase control systems to meet the

requirements of this rule.

E. Executive Order 13045--Protection of Children From Environmental

Health Risks and Safety Risks

Executive Order 13045, entitled Protection of Children from

Environmental Health Risks and Safety Risks (62 FR 19885, April 23,

1997), applies to any rule that (1) is determined to be ``economically

significant'' as defined under Executive Order 12866, and (2) concerns

an environmental health or safety risk that the EPA has reason to

believe may have a disproportionate effect on children. If the

regulatory action meets both criteria, the Agency must evaluate the

environmental health or safety aspects of the planned rule on children,

and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

The EPA interprets E.O. 13045 as applying only to those regulatory

actions that are based on health or safety risks, such that the

analysis required under section 5-501 of the Order has the potential to

influence the regulation. This final action is not subject to the

Executive Order 13045 because it is not an economically significant

regulatory action as defined in E.O. 12866, and it

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is based on technology performance and not on health or safety risks.

F. National Technology Transfer and Advancement Act

Section 12 of the National Technology Transfer and Advancement Act

of 1995 (NTTAA) requires federal agencies to evaluate existing

technical standards when developing new regulations. To comply with the

NTTAA, the EPA must consider and use ``voluntary consensus standards''

(VCS) if available and applicable when developing programs and policies

unless doing so would be inconsistent with applicable law or otherwise

impractical.

The EPA believes that the use of VCS in this direct final rule is

impractical. The compliance extension of the Group IV Polymers and

Resins NESHAP is merely a procedural action that does not require

sources to take substantive steps that lend themselves to VCS.

G. Executive Order 12875--Enhancing Intergovernmental Partnership

Under Executive Order 12875, the EPA may not issue a regulation

that is not required by statute and that creates a mandate upon a

State, local or tribal government, unless the Federal government

provides the funds necessary to pay the direct compliance costs

incurred by those governments, or the EPA consults with those

governments. If the EPA complies by consulting, Executive Order 12875

requires the EPA to provide to the Office of Management and Budget a

description of the extent of the EPA's prior consultation with

representatives of affected State, local and tribal governments, the

nature of their concerns, copies of any written communications from the

governments, and a statement supporting the need to issue the

regulation. In addition, Executive Order 12875 requires the EPA to

develop an effective process permitting elected officials and other

representatives of State, local and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.''

Today's direct final rule does not create a mandate on State, local

or tribal governments. The direct final rule does not impose any

enforceable duties on these entities. Rather, the rule extends certain

regulatory requirements. Accordingly, the requirements of section 1(a)

of Executive Order 12875 do not apply to this rule.

H. Executive Order 13084--Consultation and Coordination With Indian

Tribal Governments

Under Executive Order 13084, the EPA may not issue a regulation

that is not required by statute, that significantly or uniquely affects

the communities of Indian tribal governments, and that imposes

substantial direct compliance costs on those communities, unless the

Federal government provides the funds necessary to pay the direct

compliance costs incurred by the tribal governments, or the EPA

consults with those governments. If the EPA complies by consulting,

Executive Order 13084 requires the EPA to provide to the Office of

Management and Budget, in a separately identified section of the

preamble to the rule, a description of the extent of the EPA's prior

consultation with representatives of affected tribal governments, a

summary of the nature of their concerns, and a statement supporting the

need to issue the regulation. In addition, Executive Order 13084

requires the EPA to develop an effective process permitting elected

officials and other representatives of Indian tribal governments ``to

provide meaningful and timely input in the development of regulatory

policies on matters that significantly or uniquely affect their

communities.''

Today's direct final rule does not significantly or uniquely affect

the communities of Indian tribal governments. This direct final rule

imposes no enforceable duties on these entities. Rather, the rule

extends certain regulatory requirements. Accordingly, the requirements

of section 3(b) of Executive Order 13084 do not apply to this rule.

I. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as amended 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. The 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. A

major rule cannot take effect until 60 days after it is published in

the Federal Register. This action is not a ``major rule'' as defined by

5 U.S.C. 804(2). This direct final rule will be effective on August 9,

1999.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

Dated: May 28, 1999.

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)(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 February 27, 2001, whichever is later.

* * * * *

(d) * * *

(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 February 27, 2001.

* * * * *

[FR Doc. 99-14349 Filed 6-7-99; 8:45 am]

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