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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6355-4]

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: The EPA is proposing to extend certain compliance dates

contained in National Emissions Standards for Hazardous Air Pollutants

Emissions: Group IV Polymers and Resins. The revisions concern an

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

(d)(6) for polyethylene terephthalate (PET) affected sources. We are

proposing these compliance extensions pursuant to Clean Air Act section

301(a)(1) to complete reconsideration of equipment leak provisions and

any necessary revision to the rule.

In the ``Rules and Regulations'' section of the Federal Register,

we are approving the extension of compliance dates as a direct final

rule without prior proposal because we view this as a noncontroversial

revision and anticipate no adverse comment. We have explained our

reasons for this approval in the preamble to the direct final rule. If

we receive no adverse comment, we will not take further action on this

proposed rule. If we received adverse comment, we will withdraw the

direct final rule and it will not take effect. We will address all

public comments in a subsequent final rule based on this proposed rule.

We will not institute a second comment period on this action. Any

parties interested in commenting must do so at this time.

DATES: Comments. Written comments must be received by July 8, 1999,

unless a hearing is requested by June 18, 1999. If a hearing is

requested, written comments must be received by July 23, 1999.

Public Hearing. Anyone requesting a public hearing must contact the

EPA no later than June 18, 1999. If a hearing is held, it will take

place on June 23, 1999, 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, DC 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. Maria Noell, U.S.

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

27711, telephone (919) 541-5607.

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

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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, fax number (919) 541-3470, and

electronic mail: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Filing

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

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

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.

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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.

For further information, please see the information provided in the

direct final action that is located in the ``Rules and Regulations''

section of this Federal Register publication.

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 proposed rule will provide an extension

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

PET affected sources. 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 proposed rule would not have a significant impact on a substantial

number of small entities because rather than imposing additional

requirements, this proposed rule provides additional time for

compliance while the EPA completes reconsideration and any necessary

revision to parts of the Group IV Polymers and Resins NESHAP.

Therefore, I certify that this rule will not have a significant

economic impact on a substantial number of small 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

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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 proposed 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 proposed rule

provides additional time to comply with some requirements of the

Polymers and Resins IV 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.

This 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 proposed 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 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 proposed 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 proposed rule does not create a mandate on State, local or

tribal governments. The proposed rule does not impose any enforceable

duties on these entities. Rather, the proposed 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 proposed rule does not significantly or uniquely affect the

communities of Indian tribal governments. This proposed rule imposes no

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

certain regulatory requirements. Accordingly, the requirements of

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

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

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Dated: May 28, 1999.

Carol M. Browner,

Administrator.

[FR Doc. 99-14350 Filed 6-7-99; 8:45 am]

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