[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Proposed Rules]
[Pages 39324-39326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13801]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7222-2]
RIN 2060-AG91
National Emission Standards for Hazardous Air Pollutants for
Source Categories: Generic Maximum Achievable Control Technology
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: We are proposing to amend the National Emission Standards for
Hazardous Air Pollutants for Source Categories: Generic Maximum
Achievable Control Technology Standards to revise the definition of the
term ``process vent'' and to correct some editorial, cross-reference,
and wording errors. In the Rules and Regulations section of this
Federal Register, we are taking direct final action on the proposed
amendments because we view these actions as noncontroversial, and we
anticipate no adverse comments. We have explained our reasons for these
actions in the preamble to the direct final rule. If we receive no
significant adverse comments, we will take no further action on this
proposed rule. If we receive significant adverse comments, we will
withdraw only those provisions on which we received significant adverse
comments. We will publish a timely withdrawal in the Federal Register
indicating which provisions will become effective and which provisions
are being withdrawn. If part or all of the direct final rule in the
Rules and Regulations section of this Federal Register is withdrawn,
all public comments pertaining to those provisions will be addressed in
a subsequent final rule based on this proposed rule. We will not
institute a second comment period on this action. If you are interested
in commenting, you must do so at this time.
DATES: Comments. We must receive written comments by July 8, 2002,
unless a hearing is requested by June 17, 2002. If a hearing is
requested, we must receive written comments by July 22, 2002.
Public Hearing. If anyone contacts us requesting to speak at a
public hearing by June 17, 2002, a public hearing will be held on June
21, 2002.
ADDRESSES: Comments. By U.S. Postal Service, submit written comments
(in duplicate if possible) to: Air and Radiation Docket and Information
[[Page 39325]]
Center (6102), Attention Docket Number A-97-17, U.S. EPA, 1200
Pennsylvania Avenue, NW, Washington, DC 20460. In person or by courier,
submit comments (in duplicate if possible) to: Air and Radiation Docket
and Information Center (6102) Attention Docket Number A-97-17, Room M-
1500, U.S. EPA, 401 M Street, SW., Washington, DC 20460. We request
that a separate copy of each public comment be sent to the contact
person listed below (see FOR FURTHER INFORMATION CONTACT).
Public Hearing. If a public hearing is held, it will be held at the
new EPA facility complex in Research Triangle Park, North Carolina at
10:30 a.m.
Docket. Docket No. A-97-17 contains supporting information used in
developing the Generic MACT standards. The docket is located at the
U.S. EPA, 401 M Street, SW., Washington, DC 20460 in Room M-1500,
Waterside Mall (ground floor), and may be inspected from 8 a.m. to 5:30
p.m., Monday through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. David W. Markwordt, Policy,
Planning, and Standards Group (C439-04), Emission Standards Division,
U.S. EPA, Research Triangle Park, NC 27711, telephone number: (919)
541-0837, electronic mail (e-mail): [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 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: OAQPS Document Control Officer
(C404-02), Attn: Mr. David Markwordt, U.S. EPA, Research Triangle Park,
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 EPA, the information may be made available to the public without
further notice to the commenter.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Ms.
Dorothy Apple, U.S. EPA (C439-04), Research Triangle Park, NC 27711,
telephone (919) 541-4487, at least 2 days in advance of the public
hearing. Persons interested in attending the public hearing must also
call Ms. 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 this
proposed amendment.
Docket. The docket is an organized and complete file of all the
information we considered in developing this rulemaking. The docket is
a dynamic file because material is added throughout the rulemaking
process. The docketing system is intended to help you to readily
identify and locate documents so that you can effectively participate
in the rulemaking process. Along with the proposed and promulgated
rules 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.) You may obtain the regulatory text and other materials
related to this rulemaking which are available for review in the docket
or copies may be mailed on request from the Air Docket by calling (202)
260-7548. We may charge a reasonable fee for copying docket materials.
You may also obtain docket indexes 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.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this proposed rule will also be available through
the 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 website 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. Categories and entities potentially affected by
this action include:
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Category NAICS * Regulated entities
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Industry............................ 325199 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
polycarbonate.
Industry............................ 325188 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).
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* North American Information Classification System
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should carefully examine the applicability criteria in 40 CFR
Sec. 63.1103 of the promulgated rule. If you have any questions
regarding the applicability of these amendments to a particular entity,
consult the appropriate EPA Regional Office representative.
I. What Action Is EPA Proposing?
This proposal would revise the definition of ``process vent'' and
make changes to recordkeeping requirements and technical corrections in
40 CFR part 63, subpart YY. For further information, please see the
information provided in the direct final rulemaking notice located in
the Rules and Regulations section of today's Federal Register.
[[Page 39326]]
II. What Are the Administrative Requirements for This Action?
Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute 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 organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's proposed rule
amendments on small entities, a small entity is defined as: (1) A small
business whose parent company has fewer than 1000 employees; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district or special district with a population of less
than 50,000; or (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
We believe there will be little or no impact on any small entities
because the proposed rule amendments do not impose additional
requirements but instead either eliminate cross-referencing, editorial,
and wording errors or clarify the applicability of existing
requirements of the MACT standards established for acetal resins
production, acrylic and modacrylic fiber production, hydrogen fluoride
production, and polycarbonate production. The Administrator certifies
that this action will not have a significant economic impact on a
substantial number of small entities.
For information regarding other administrative requirements for
this action, please see the direct final rule action that is located in
the Rules and Regulations section of this Federal Register publication.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous air
pollutants, Hazardous substances, Reporting and recordkeeping
requirements.
Dated: May 23, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-13801 Filed 6-6-02; 8:45 am]
BILLING CODE 6560-50-P