[Federal Register Volume 65, Number 168 (Tuesday, August 29, 2000)]
[Rules and Regulations]
[Pages 52319-52323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21907]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6858-5]
RIN 2060-AH47
National Emission Standards for Hazardous Air Pollutant
Emissions: Group IV Polymers and Resins
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; notice of stay.
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SUMMARY: The EPA is taking direct final action to indefinitely stay the
compliance date for the process contact cooling tower (PCCT) provisions
for existing affected sources producing poly(ethylene terephthalate)
(PET) using the continuous terephthalic acid (TPA) high viscosity
multiple end finisher process. This stay is being issued because the
EPA is in the process of responding to a request to reconsider relevant
portions of the National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Group IV Polymers and Resins which may result
in changes to the emission limitation which applys to PCCT in this
subcategory. It is unlikely that the reconsideration process will be
complete before actions are necessary to comply with the current PCCT
standard; thus arises the need for an indefinite stay of the compliance
date.
DATES: This rule is effective on October 30, 2000 without further
notice unless the EPA receives adverse comments by September 28, 2000.
However, the comment period may be extended if a hearing is held (see
the proposed rule published elsewhere in this issue of the Federal
Register). 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. Written comments should be submitted (in
duplicate, if possible) to: Air and Radiation Docket and Information
Center (6102), Attention Docket Number A-92-45 (Group IV Polymers and
Resins), Room M-1500, U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW, Washington, DC 20460. The EPA requests that a
separate copy of each public comment be sent to the contact person
listed below (see FOR FURTHER INFORMATION CONTACT). Comments may also
be submitted electronically by following the instructions provided in
SUPPLEMENTARY INFORMATION.
Docket. Docket number A-92-45, containing information relevant to
this direct final rule, is available for public inspection between 8:00
a.m. and 5:30 p.m., Monday through Friday (except for Federal holidays)
at the following address: U.S. Environmental Protection Agency, Air and
Radiation Docket and Information Center (MC-6102), 401 M Street, SW,
Washington, DC 20460. The docket is located at the above address in
Room M-1500, Waterside Mall (ground floor).
FOR FURTHER INFORMATION CONTACT: Mr. Robert E. Rosensteel, Organic
Chemicals Group, Emission Standards Division (MD-13), Office of Air
Quality Planning and Standards, U.S. EPA, Research Triangle Park, NC
27711, telephone number (919) 541-5608, electronic mail address
[email protected].
SUPPLEMENTARY INFORMATION: 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-92-45. 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: Mr. Robert Rosensteel,
U.S. EPA, c/o OAQPS Document Control Officer, 411 W. Chapel Hill
Street, Room 944, Durham, NC 27711. The EPA 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 it is received by the EPA, the information may be made
available to the public without further notice to the commenter.
Docket. The docket is an organized and complete file of all the
information considered by the EPA 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 (CAA).) An index for each docket, as well as individual
items contained within the dockets, may be obtained by calling (202)
260-7548 or (202) 260-7549. A reasonable fee may be charged for copying
docket materials. Docket indexes are also available by facsimile, as
described on the Office of Air and Radiation, Docket and Information
Center Website at http://www.epa.gov/airprogm/oar/docket/faxlist.html.
World Wide Web. In addition to being available in the docket, an
electronic copy of this action is also available through the World Wide
Web (WWW). Following signature, a copy of this action will be posted on
the EPA's Technology Transfer Network (TTN) policy and guidance page
for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN at EPA's web site 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.
Regulated Entities. Entities potentially regulated by this direct
final rule include:
[[Page 52320]]
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Examples of
Category SIC NAICS regulated entities
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Industry.................... 2821 325211 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 regarding entities likely to be affected by this action. To
determine whether your facility is regulated by this rule, you should
carefully examine the applicability criteria in 40 CFR part 63, subpart
JJJ and in the proposed amendments to subpart JJJ (64 FR 11560). If you
have any questions regarding the applicability of this rule to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section. Judicial Review. Under section
307(b)(1) of the CAA, judicial review of this direct final rule is
available by filing a petition for review in the U.S. Court of Appeals
for the District of Columbia Circuit within December 27, 2000. Under
section 307(b)(2) of the CAA, the requirements that are the subject of
this direct final rule may not be challenged later in civil or criminal
proceedings brought by the EPA to enforce these requirements.
The following outline is provided to aid you in reading the
preamble to this direct final rule.
I. Why are we taking this action?
II. Whom does this stay impact?
III. What are the administrative requirements for this direct
final rule?
I. Why Are We Taking This Action?
On September 12, 1996, we promulgated NESHAP for Group IV Polymers
and Resins as subpart JJJ in 40 CFR part 63. The NESHAP establishes a
new subcategory for PET manufacture specified as the continuous TPA
high viscosity multiple end finisher subcategory. The NESHAP also
establishes standards for PCCTs, contained in 40 CFR 63.1329, for
existing affected sources in the new subcategory. The NESHAP requires
existing affected sources in the continuous TPA high viscosity multiple
end finisher subcategory to comply with 40 CFR 63.1329 beginning
September 12, 1999. Subsequent to issuing the NESHAP, we extended the
compliance date for the PCCT provisions contained in 40 CFR 63.1329 to
February 27, 2001 (63 FR 15312).
A petition has been submitted to us requesting reconsideration of
the technical basis for establishment of the continuous TPA high
viscosity multiple end finisher subcategory (Docket: A-92-45). 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 us to accept the
petitioner's request to reconsider the need for the continuous TPA high
viscosity multiple end finisher subcategory.
There is a regulatory difference between the continuous TPA high
viscosity multiple end finisher subcategory and other PET subcategories
regarding the requirements to limit the concentration of ethylene
glycol in PCCT for existing affected sources under the provisions
contained in 40 CFR 63.1329. As a result of the petition for
reconsideration, existing affected sources in this subcategory cannot
be certain of subsequent amendments to the NESHAP.
In the past, representatives of one existing affected source in the
continuous TPA high viscosity multiple end finisher subcategory
informed us in writing (Docket: A-92-45) that they were on the verge of
committing to capital expenditures to purchase equipment necessary to
comply with the current PCCT standard. They did not want to commit to
capital expenditures when the petition was still under consideration
and requested relief from the PCCT standard. Because of the uncertainty
regarding possible amendments to the final standard for PCCT, we
provided a temporary extension of the compliance date to February 27,
2001 in a previous direct final rule (61 FR 15312).
As the February 27, 2001 compliance date approaches and we are
still in the process of evaluating the petition to reconsider, the same
need for relief from the compliance date exists. In addition, we have
confirmed that the affected source in question cannot meet the current
MACT standard for PCCT without making significant modifications to
their existing recovery system which would require additional capital
investment. Again, considering the level of uncertainty regarding
possible amendment to the final standard for PCCT, the capital
investment described above could be wasted if the control equipment
installed to meet the current standards was not sufficient to meet
subsequent amended standards. Therefore, we are now providing, under
CAA section 301(a), an indefinite stay of the compliance date for the
PCCT standard applicable to the continuous TPA high viscosity multiple
end finisher subcategory.
This indefinite stay applies only to the PCCT emission limitation
at existing affected sources producing PET using the continuous TPA
high viscosity multiple end finisher process. It does not affect any
other provisions of the NESHAP applying to this subcategory or any
other subcategories. We intend to complete our reconsideration of the
NESHAP and, following the notice and comment procedures of CAA section
307(d), take appropriate action as expeditiously as practical. We do
not believe this stay will, as a practical matter, affect the overall
effectiveness of the NESHAP. Following our reconsideration of the
NESHAP, we will establish a new compliance date for the provisions
contained in 40 CFR 63.1329.
We are publishing this direct final rule without prior proposal
because we view this stay to be noncontroversial, and we anticipate no
adverse comments. In addition, we believe that the ``indefinite stay''
of the compliance date associated with the PCCT standard should become
effective as soon as possible. However, in the ``Proposed Rules''
section of today's Federal Register, we are publishing a separate
document that will serve as a proposal to stay the compliance date
associated with the PCCT standard if adverse comments are filed. This
rule will be effective on October 30, 2000 without further notice
unless we receive adverse comment on this direct final rule by
September 28, 2000. If we receive an adverse comment on this action, 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.
II. Whom Does This Stay Impact?
We are issuing a stay of the existing source compliance date
associated with the PCCT standard for the Group IV (subpart JJJ)
Polymers and Resins NESHAP for existing affected sources
[[Page 52321]]
producing PET using the continuous TPA high viscosity multiple end
finisher process. Specifically, we are staying the provisions in 40 CFR
63.1311(c) by adding a note at the end of this paragraph explaining
that the compliance date for the provisions of 40 CFR 63.1329 for
existing affected sources producing PET using the continuous TPA high
viscosity multiple end finisher process is stayed indefinitely.
This stay will affect you if you are the owner or operator of an
existing affected source subject to the Group IV Polymers and Resins
NESHAP that produces PET using the continuous TPA high viscosity
multiple end finisher process and operate a PCCT. You will not be
required to comply with the requirements for PCCT found in 40 CFR
63.1329 by February 27, 2001. Also, you will not be required to comply
with the associated monitoring, recordkeeping, and reporting provisions
at that time. When the final amendments to the NESHAP are promulgated,
we will issue a new compliance date(s), providing you with a reasonable
amount of time in which to comply with the amended NESHAP.
III. What Are the Administrative Requirements for This Direct Final
Rule?
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. 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 entitlement, 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 EPA has determined that this rule does not meet any of the
criteria enumerated above and therefore, does not constitute a
``significant regulatory action'' under the terms of Executive Order
12866 and was not required to be reviewed by OMB.
B. Executive Order 13045
Executive Order 13045 (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 EPA 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 considered by the EPA.
The EPA interprets Executive Order 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 Executive Order has
the potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it is not economically significant as
defined in Executive Order 12866, and it is based on technology
performance and not on health or safety risks.
C. Paperwork Reduction Act
For the Group IV Polymers and Resins NESHAP, the information
collection requirements (ICR) were submitted to OMB under the Paperwork
Reduction Act. At promulgation, OMB had already approved the ICR
(#1737.01) 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 include the OMB control number
assigned to 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.
Also, since this action will stay the compliance date indefinitely, an
ICR is not needed.
D. Regulatory Flexibility
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with this direct final
rule. The EPA has determined that this rule will not have a significant
economic impact on a substantial number of small entities. Only one
entity is subject to the PCCT standard, and it is not a small entity.
In addition, this rule will relieve regulatory burden for all entities
subject to the PCCT standard.
E. The Congressional Review Act
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. 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 rule is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective October 30, 2000.
F. 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 1 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 objectives 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 why that alternative was
not adopted. Before the EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, including
tribal
[[Page 52322]]
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.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in aggregate, or the private
sector in any 1 year. Instead, this rule provides additional time to
comply with certain requirements of the Group IV Polymer and Resins
NESHAP. Thus, today's 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.
G. Executive Order 13132
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires the 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 section 6 of Executive Order 13132, the 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 the EPA
consults with State and local officials early in the process of
developing the proposed regulation. The EPA also may not issue a
regulation that has federalism implications and that preempts State
law, unless the EPA consults with State and local officials early in
the process of developing the regulation.
This rule does not have federalism implications. It 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 rule merely provides
additional time for one facility, which is not owned or operated by a
State or local government, to comply with certain requirements of the
Group IV Polymers and Resins NESHAP. Thus, the requirements of section
6 of Executive Order 13132 do not apply to this direct final rule.
H. Executive Order 13084
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 OMB, 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 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.''
This direct final rule does not significantly or uniquely affect
the communities of Indian tribal governments. This action imposes no
enforceable duties on these entities. Accordingly, the requirements of
section 3(b) of Executive Order 13084 do not apply to this rule.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, (15 U.S.C. 272 note), directs
all Federal agencies to use voluntary consensus standards instead of
government-unique standards in their regulatory activities unless to do
so would be inconsistent with applicable law or would be otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., material specifications, test method, sampling and analytical
procedures, business practices, 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),
the National Fire Protection Association (NFPA), and the Society of
Automotive Engineers (SAE). The NTTAA requires Federal agencies like
the EPA to provide Congress, through OMB, with explanations when the
EPA decides not to use available and applicable voluntary consensus
standards.
This action does not involve technical standards. Therefore, the
EPA did not consider the use of any voluntary consensus standards.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: August 21, 2000.
Carol M. Browner,
Administrator.
Title 40 chapter I of the Code of Federal Regulations, is being
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. Amend Sec. 63.1311 by revising paragraph (c) to read as follows:
Sec. 63.1311 Compliance dates and relationship to this subpart to
existing applicable rules.
* * * * *
(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 June 19, 2001, as provided
in Sec. 63.6(c), unless an extension has been granted as specified in
paragraph
[[Page 52323]]
(e) of this section, except that the compliance date for the provisions
contained in Sec. 63.1329 is extended 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.
Note to paragraph (c): The compliance date of February 27, 2001
for the provisions of Sec. 63.1329 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 is stayed indefinitely. The
EPA will publish a document in the Federal Register establishing a
new compliance date for these sources.
* * * * *
[FR Doc. 00-21907 Filed 8-28-00; 8:45 am]
BILLING CODE 6560-50-P