National Emission Standards for Hazardous Air Pollutants: Generic Maximum Achievable Control Technology (Generic MACT)

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6478-7]

RIN 2060-AG91

National Emission Standards for Hazardous Air Pollutants: Generic

Maximum Achievable Control Technology (Generic MACT)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed amendments.

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SUMMARY: On June 29, 1999 (64 FR 34854), we issued the National

Emission Standards for Hazardous Air Pollutants: Generic Maximum

Achievable Control Technology (Generic MACT) rulemaking package. This

proposal amends the promulgated rule (40 CFR part 63, subpart YY)

regarding the regulation of surge control vessels and bottoms receiver

vessels. This proposal also clarifies that surge control vessels and

bottoms receiver vessels containing wastewater are covered by the

wastewater provisions.

DATES: Comments. Comments must be received on or before January 21,

2000.

Public Hearing. If anyone contacts the EPA requesting to speak at a

public hearing by December 13, 1999, a public hearing will be held on

December 22, 1999.

ADDRESSES: Comments. Written comments should be submitted (in

duplicate, if possible) to: Air and Radiation Docket and Information

Center (6102), Attention, Docket No. A-97-17, U.S. Environmental

Protection Agency, 401 M Street, SW, Washington, DC 20460. The EPA

requests that a separate copy of comments also be sent to Mr. David W.

Markwordt (see FOR FURTHER INFORMATION CONTACT).

Public hearing. If a public hearing is held, it will be held at

10:00 a.m. in the EPA's Office of Administration Auditorium, Research

Triangle Park, North Carolina, or at an alternate site nearby.

Docket. Docket No. A-97-17 contains supporting information used in

developing the standards. The docket is located at the U.S.

Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460

in room M-1500, Waterside Mall (ground floor), and may be inspected

from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: For further information concerning

this document, contact Mr. David W. Markwordt; Policy, Planning, and

Standards Group; Emission Standards Division (MD-13); U.S.

Environmental Protection Agency; Research Triangle Park, North Carolina

27711; telephone: (919) 541-0837; facsimile: (919) 541-0942; e-mail

address: [email protected].

SUPPLEMENTARY INFORMATION:

Docket

The docket is an organized and complete file of all the information

we considered in the development of this rulemaking. The docket is a

dynamic file because material is added throughout the rulemaking

process. The docketing system is intended to allow members of the

public and industries involved to readily identify and locate documents

so that they can effectively participate in the rulemaking process.

Along with the proposed and promulgated standards and their preambles,

the contents of the docket will serve as the record in the case of

judicial review. (See section 307(d)(7)(A) of the Clean Air Act (Act).)

The regulatory text and other materials related to this rulemaking are

available for review in the docket or copies may be mailed on request

from the Air Docket by calling (202) 260-7548. A reasonable fee may be

charged for copying docket materials.

Public Hearing

Persons interested in presenting oral testimony or inquiring as to

whether a hearing is to be held should contact Dorothy Apple; Policy,

Planning, and Standards Group; Emission Standards Division (MD-13);

U.S. Environmental Protection Agency; Research Triangle Park, North

Carolina 27711; telephone number: (919) 541-4487 at least 2 days in

advance of the public hearing. Persons interested in attending the

public hearing must also call Dorothy Apple to verify the time, date,

and location of the hearing. The public hearing will provide interested

parties the opportunity to present data, views, or arguments concerning

these proposed emission standards.

Comments

Comments and data may be submitted by electronic mail (e-mail) to:

[email protected]. Electronic comments must be submitted as an ASCII

file to avoid the use of special characters and encryption problems and

will also be accepted on disks in WordPerfect version 5.1,

6.1 or Corel 8 file format. All comments and data submitted in

electronic form must note the docket number: A-97-17. No confidential

business information (CBI) should be submitted by e-mail. Electronic

comments may be filed online at many Federal Depository Libraries.

Commenters wishing to submit proprietary information for

consideration must clearly distinguish such information from other

comments and clearly label it as CBI. Send submissions containing such

proprietary information directly to the following address, and not to

the public docket, to ensure that proprietary information is not

inadvertently placed in the docket: Attention: Ms. Melva Toomer, U.S.

EPA, OAQPS Document Control Officer, 411 W. Chapel Hill Street, Room

944, Durham NC 27711. We will disclose information identified as CBI

only to the extent allowed by the procedures set forth in 40 CFR part

2. If no claim of confidentiality accompanies a submission when we

receive information, the information may be made available to the

public without further notice to the commenter.

Technology Transfer Network

In addition to being available in the docket, an electronic copy of

today's proposed amendments is also available through the Technology

Transfer Network (TTN). Following signature, a copy of the rule will be

posted on the TTN's policy and guidance page for newly proposed or

promulgated rules http://www.epa.gov/ttn/oarpg. The TTN provides

information and technology exchange in various areas of air pollution

control. If more information regarding the TTN is needed, call the TTN

HELP line at (919) 541-5384.

Plain Language

In compliance with President Clinton's June 1, 1998 Executive

Memorandum on Plain Language in government writing, this preamble is

written using plain language. Thus, the use of ``we'' in this notice

refers to the EPA. The use of ``you'' refers to the reader, and may

include industry; State, local, and tribal governments; environmental

groups; and other interested individuals.

Regulated Entities

Entities potentially regulated are those that produce acetal resins

(AR), acrylic and modacrylic fiber (AMF), hydrogen fluoride (HF), and

polycarbonate (PC) and are major sources of hazardous air pollutants

(HAP) as defined in section 112 of the Act. Regulated categories and

entities include:

[[Page 63780]]

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Category Regulated entitiesa

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Industry............... Producers of homopolymers and/or copolymers of

alternating oxymethylene units.

Producers of either acrylic fiber or modacrylic

fiber synthetics composed of acrylonitrile

(AN) units.

Producers of, and recoverers of HF by reacting

calcium fluoride with sulfuric acid. For the

purpose of implementing the rule, HF

production is not a process that produces

gaseous HF for direct reaction with hydrated

aluminum to form aluminum fluoride (i.e., the

HF is not recovered as an intermediate or

final product prior to reacting with the

hydrated aluminum).

Producers of polycarbonate.

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

guide for readers regarding entities likely to be regulated by this

action. This table lists the types of entities that the EPA is now

aware could potentially be regulated by this action. Other types of

entities not listed in the table could also be regulated. To determine

whether your facility, company, business, organization, etc., is

regulated by this action, you should carefully examine the

applicability criteria in Sec. 63.1104(a)(1), (b)(1), (c)(1), and

(d)(1) of the rule. If you have questions regarding the applicability

of this action to a particular entity, consult the person listed in

the preceding FOR FURTHER INFORMATION CONTACT section.

I. What is the Background for the Proposed Amendments?

On June 29, 1999 (64 FR 34854), we published the National Emission

Standards for Hazardous Air Pollutants: Generic MACT final rulemaking

package. At that time, standards were promulgated for four major HAP

source categories (i.e., AR production, AMF fiber production, HF

production, and PC production). This proposal amends the promulgated

rulemaking package (40 CFR part 63, subpart YY) regarding the

regulation of surge control vessels and bottoms receiver vessels that

do not contain wastewater, and clarifies that surge control vessels and

bottoms receiver vessels that contain wastewater are covered by the

wastewater provisions of these standards. These proposed amendments

would parallel the intended subparts F, G, and H of part 63

(collectively known as the hazardous organic national emission

standards for hazardous air pollutants (HON)) level of control.

We are also making corrections to the promulgated rulemaking

package (40 CFR part 63, subparts SS, TT, UU, WW, and YY) under a

separate notice.

II. What is the Basis for the Proposed Amendments?

During the public comment period for the proposed wastewater

provisions (64 FR 34950) applicable to wastewater streams for the AR,

AMF, and PC production source categories, we received a comment that

stated that one part of the proposed provisions for liquid streams in

open systems under the generic MACT rule is inconsistent with the

wastewater requirements of the HON, and that the Generic MACT

wastewater provisions, as many other aspects of the Generic MACT

rulemaking package, are intended to parallel what is required under the

HON.

The commenter explained that, under the HON, a ``tank'' could

qualify as either a storage vessel or a surge control vessel if it met

the relevant size and vapor pressure criteria and that, as proposed,

Sec. 63.1106(c) of the Generic MACT wastewater provisions also applies

to ``tanks,'' and that a vessel could be subject to both requirements

(i.e., storage vessel/surge control vessel requirements and liquid

streams in open systems requirements). The commenter stated that the

overlap results in inconsistencies in emission control requirements and

suggested that we add clarifying changes to eliminate double-regulating

of a storage vessel that qualifies as a vessel subject to the liquid

streams in open systems requirements.

Under the Generic MACT rule, a vessel that qualifies as a vessel

subject to the liquid streams in open systems requirements would

contain material that qualifies as wastewater as defined under

Sec. 63.1101 (as proposed to be amended). Additionally, the definition

for ``storage vessel'' or ``tank'' under the Generic MACT promulgated

rule excludes ``vessels that store wastewater.'' Therefore, as proposed

under the wastewater provisions, ``vessels that store wastewater''

would not be subject to ``storage vessel'' or ``tank'' requirements.

Our assessment of the comment indicated that there was a need to modify

the definition of the promulgated definition for ``storage vessel'' to

clarify that applicable storage vessels or tanks that contain

wastewater are covered under the wastewater provisions. Therefore,

today's proposal adds this clarification to the definition of ``storage

vessel'' and is consistent with the HON.

Upon further evaluation of the comment, we discovered that we

omitted requirements for ``surge control vessels'' and ``bottoms

receivers.'' Under the HON, surge control vessels and bottoms receivers

are covered under equipment leak requirements, though their control

applicability criteria and requirements parallel what is required for

storage vessels. The Control Level 2 equipment leak subpart (40 CFR

part 63, subpart UU), which is cross-referenced under the Generic MACT

rule, parallels the level of control under the HON, except that it does

not specify requirements for bottoms receivers and surge control

vessels. The Control Level 2 equipment leak subpart referenced under

the Generic MACT rule mirrors what was developed under the Synthetic

Organic Chemicals Manufacturing Industry (SOCMI) Consolidated Air Rule

(CAR) development effort. Under the SOCMI CAR effort, bottoms receivers

and surge control vessels are regulated under the storage vessel

provisions.

Inadvertently, under the promulgated Generic MACT rule, we defined

``storage vessel'' as excluding ``bottoms receivers'' and ``surge

control vessels'' (which parallels the HON). This led to an omission of

specified requirements for bottoms receivers and surge control vessels,

and a need for clarification on how they were to be regulated.

Therefore, we are proposing to amend the definition for ``storage

vessel'' as including bottoms receivers and surge control vessels. As

intended, this proposed amendment would result in control of these

vessels that parallels what is done under the SOCMI CAR, which mirrors

the requirements of the HON, and would reduce confusion on how they are

to be regulated.

III. What Are the Impacts Associated With the Proposed Amendments?

The changes contained in the proposed amendments consist of

corrections and a clarification change that reflect what was intended

and accounted for in our control costs and emission reduction estimates

at the time of promulgation of 40 CFR part 63, subparts SS, TT, UU, WW,

and YY. Therefore, these proposed amendments will not affect the

estimated emissions reduction or the control costs for the standards

promulgated for AR, AMF, HF, and PC production source categories on

June 29, 1999 (64 FR 34854). These clarifying corrections should make

it easier for owners and operators of affected sources, and for local

and State authorities, to understand and implement the requirements of

the Generic MACT rule.

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IV. Administrative Requirements

A. Paperwork Reduction Act

The information collection requirements in this rule have been

submitted for approval to OMB under the Paperwork Reduction Act, 44

U.S.C. 3501, et seq. We submitted an Information Collection Request

(ICR) document (ICR No. 1871.02) and a copy may be obtained from Sandy

Farmer, OPPE Regulatory Information Division, U.S. Environmental

Protection Agency (2137), 401 M Street, SW, Washington, DC 20460 or by

calling (202) 260-2740. We 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 our regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

The OMB approved the information collection requirements for the AR,

AMF, HF, and PC production source categories and assigned the OMB

control number 2060-0420 to the ICR. This approval expires September

30, 2002.

The proposed amendments would have no impact on the information

collection estimates made previously for the promulgated rule.

Therefore, the ICR has not been revised.

B. Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must

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

therefore subject to review by the Office of Management and Budget

(OMB) and the requirements of the Executive Order. The 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.

Pursuant to the terms of Executive Order 12866, we have determined

that these proposed amendments do not qualify as a ``significant

regulatory action'' and, therefore, are not subject to review by OMB.

C. Executive Order 13132 (Federalism)

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August

10, 1999), requires EPA to develop an accountable process to ensure

``meaningful and timely input by State and local officials in the

development of regulatory policies that have federalism implications.''

``Policies that have federalism implications'' is defined in the

Executive Order to include regulations that have ``substantial direct

effects on the States, on the relationship between the national

government and the States, or on the distribution of power and

responsibilities among the various levels of government.'' Under

Executive Order 13132, EPA may not issue a regulation that has

federalism implications, that imposes substantial direct compliance

costs, and that is not required by statute, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by State and local governments, or EPA consults with

State and local officials early in the process of developing the

proposed regulation. EPA also may not issue a regulation that has

federalism implications and that preempts State law unless the Agency

consults with State and local officials early in the process of

developing the proposed regulation.

If EPA complies by consulting, Executive Order 13132 requires EPA

to provide to the Office of Management and Budget (OMB), in a

separately identified section of the preamble to the rule, a federalism

summary impact statement (FSIS). The FSIS must include a description of

the extent of EPA's prior consultation with State and local officials,

a summary of the nature of their concerns and the agency's position

supporting the need to issue the regulation, and a statement of the

extent to which the concerns of State and local officials have been

met. Also, when EPA transmits a draft final rule with federalism

implications to OMB for review pursuant to Executive Order 12866, EPA

must include a certification from the agency's Federalism Official

stating that EPA has met the requirements of Executive Order 13132 in a

meaningful and timely manner.

This proposed rule will not have substantial direct effects on the

States, on the relationship between the national government and the

States, or on the distribution of power and responsibilities among the

various levels of government, as specified in Executive Order 13132.

This proposed rule has minimal direct affects on the 10 plants which

are impacted by this rule. This proposed rule has even less impacts on

States within which the plants reside. Thus, the requirements of

section 6 of the Executive Order do not apply to this rule.

Regulatory Flexibility Act/Small Business Regulatory Enforcement

Fairness Act of 1996

Under the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601,

et seq.), as amended by the Small Business Regulatory Enforcement

Fairness Act of 1996 (SBREFA), we are required to give special

consideration to the effect of Federal regulations on small entities

and to consider regulatory options that might mitigate any such

impacts. Small entities include small businesses, small not-for-profit

enterprises, and small governmental jurisdictions.

These proposed amendments would not have a significant impact on a

substantial number of small entities because they clarify and correct

the promulgated 40 CFR part 63, subparts SS, TT, UU, WW and YY, and do

not impose any additional regulatory requirements on owners or

operators of affected sources regulated by standards promulgated on

June 29, 1999 (64 FR 34854).

E. Unfunded Mandates Reform Act

Under section 202 of the Unfunded Mandates Reform Act (UMRA) of

1995, Pub. L. 104-4, we 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 in any 1 year. Under section 203, we are required to

establish a plan for obtaining input from and informing, educating, and

advising any small governments that may be significantly or uniquely

affected by the rule.

Under section 205 of UMRA, we must identify and consider a

reasonable number of regulatory alternatives before promulgating a rule

for which a budgetary impact statement must be prepared. We are

required to select the least burdensome alternative for State, local,

and tribal governments and the private sector that achieves the

objectives of the rule, unless we explain why this alternative is not

selected or unless the selection of this alternative is inconsistent

with law.

Because these proposed amendments do not include a Federal mandate

that may result in expenditures of $100 million or more for State,

local, and tribal governments, in the aggregate, or the private sector

in any 1 year, we have

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not prepared a budgetary impact statement or specifically addressed the

selection of the least costly, most cost-effective, or least burdensome

alternative. In addition, because small governments will not be

significantly or uniquely affected by these proposed amendments, we are

not required to develop a plan with regard to small governments.

Therefore, the requirements of UMRA do not apply to these proposed

amendments.

F. National Technology Transfer and Advancement Act

Under section 12(d) of the National Technology Transfer and

Advancement Act of 1995 (the NTTAA), Pub. L. 104-113, section 12(d) (15

U.S.C. 272 note), we are directed to use voluntary consensus standards

instead of government-unique standards in our regulatory activities

unless to do so would be inconsistent with applicable law or otherwise

impractical. By doing so, the Act is intended to reduce the cost to the

private and public sectors.

Voluntary consensus standards are technical standards (e.g.,

materials specifications, test methods, sampling procedures, etc.) that

are developed or adopted by one or more voluntary consensus standards

bodies. Examples of organizations generally regarded as voluntary

consensus standards bodies include the American Society for Testing and

Materials (ASTM), International Organization for Standardization (IOS),

International Electrotechnical Commission (IEC), American Petroleum

Institute (API), National Fire Protection Association (NFPA), and the

Society of Automotive Engineers (SAE). Under the NTTAA, we are required

to provide Congress, through OMB, explanations when we decide not to

use available and applicable voluntary consensus standards.

As part of a larger effort, we are undertaking a project to cross-

reference existing voluntary consensus standards in testing, sampling,

and analysis, with current and future EPA test methods. When completed,

we will use this project to assist in identifying potentially

applicable voluntary consensus standards that can then be evaluated for

equivalency and applicability in determining compliance with future

regulations.

These proposed amendments do not require the use of any new

technical standards, therefore section 12(d) does not apply.

G. Executive Order 13045

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 we determine (1) is economically

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

environmental health or safety risk addressed by the rule has a

disproportionate effect on children. If the regulatory action meets

both criteria, we must evaluate the environmental health or safety

effects of the planned rule on children and explain why the planned

regulation is preferable to other potentially effective and reasonably

feasible alternatives that we considered.

These proposed amendments are not subject to Executive Order 13045

because they do not constitute an economically significant regulatory

action as defined by Executive Order 12866 and because they do not

establish an environmental standard intended to mitigate health or

safety risks.

H. Executive Order 13084

Under Executive Order 13084, we 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

cost incurred by the tribal governments, or we consult with those

governments. If we comply by consulting, Executive Order 13084 requires

that we provide to OMB, in a separately identified section of the

preamble to the rule, a description of the extent of our 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, we are required 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 amendments do not impose any duties or compliance

costs on Indian tribal governments. Further, the proposed amendments

provided herein do not significantly alter the control standards

imposed by 40 CFR part 63, subparts SS, TT, UU, WW, and YY, including

any that may effect communities of Indian tribal governments. Hence,

today's proposed amendments do not significantly or uniquely affect the

communities of Indian tribal governments. Accordingly, the requirements

of section 3(b) of Executive Order 13084 do not apply to these proposed

amendments.

List of Subjects for 40 CFR Part 63

Environmental protection, Acetal resins production, Acrylic and

modacrylic fiber production, Air emissions control, Equipment,

Hazardous air pollutants, Hydrogen fluoride production, Polycarbonate

production, Reporting and recordkeeping requirements, Storage vessel.

Dated: November 15, 1999.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble, title 40, chapter I, part

63 of the Code of Federal Regulations is proposed to be 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 YY--National Emission Standards for Hazardous Air

Pollutants for Source Categories: Generic Maximum Achievable

Control Technology Standards

2. Section 63.1101 is amended by revising the definitions for

equipment and storage vessel as follows:

Sec. 63.1101 Definitions.

* * * * *

Equipment means each of the following that is subject to control

under this subpart: pump, compressor, agitator, pressure relief device,

sampling collection system, open-ended valve or line, valve, connector,

instrumentation system in organic hazardous air pollutant service as

defined in Sec. 63.1103 for the applicable process unit, whose primary

product is a product produced by a source category subject to this

subpart.

* * * * *

Storage vessel or Tank, for the purposes of regulation under the

storage vessel provisions of this subpart, means a stationary unit that

is constructed primarily of nonearthen materials (such as wood,

concrete, steel, fiberglass, or plastic) that provides structural

support and is designed to hold an accumulation of liquids or other

materials. Storage vessel includes surge control vessels and bottoms

receiver vessels. For the purposes of regulation under the storage

vessel provisions of this subpart, storage vessel does not include

vessels

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permanently attached to motor vehicles such as trucks, railcars,

barges, or ships; or wastewater storage vessels. Wastewater storage

vessels are covered under the wastewater provisions of Sec. 63.1106.

* * * * *

[FR Doc. 99-30231 Filed 11-19-99; 8:45 am]

BILLING CODE 6560-50-P