[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Rules and Regulations]
[Pages 39301-39307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13800]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7222-3]
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: Direct final rule; amendments.

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SUMMARY: On June 29, 1999, we published the National Emission Standards 
for Hazardous Air Pollutants for Source Categories: Generic Maximum 
Achievable Control Technology (Generic MACT) Standards, which 
promulgated standards for four major hazardous air pollutants (HAP) 
source categories (i.e., acetal resins (AR) production, acrylic and 
modacrylic fiber (AMF) production, hydrogen fluoride (HF) production, 
and polycarbonate (PC) production). In September 1999, a petition for 
review of the June 1999 Generic MACT rule was filed by the General 
Electric Company in the U.S. Court of Appeals for the District of 
Columbia Circuit. The petitioner raised a concern regarding a 
recordkeeping provision in the promulgated rule. Subsequently, the 
petitioner raised an additional issue concerning the promulgated 
definition for ``process vent,'' and identified some editorial, cross-
reference, and wording errors. Pursuant to a settlement agreement, EPA 
has agreed to revisions addressing each of these issues. EPA is 
effectuating this agreement through a direct final rule because we 
consider these revisions to be noncontroversial, and we anticipate no 
adverse comment.

DATES: This direct final rule will be effective on July 29, 2002 
without further notice, unless significant adverse comments are 
received by July 8, 2002, or by July 22, 2002, if a public hearing is 
requested. See the proposed rule in this Federal Register for 
information on the hearing. If significant adverse comments are 
received, we will publish a timely withdrawal of this direct final rule 
in the Federal Register informing the public that this direct final 
rule will not take effect.

ADDRESSES: Comments. By U.S. Postal Service, submit written comments 
(in duplicate if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention: Docket No. 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 No. 
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 also be 
sent to the contact person listed below (see FOR FURTHER INFORMATION 
CONTACT).

FOR FURTHER INFORMATION CONTACT: Mr. David W. Markwordt, Policy, 
Planning, and Standards Group (MC439-04), Emission Standards Division, 
Research Triangle Park, NC 27711, telephone number: (919) 541-0837, 
electronic mail (e-mail): [email protected].

SUPPLEMENTARY INFORMATION: Comments. We are publishing this action as a 
direct final rule because we view the amendments as noncontroversial 
and do not anticipate adverse comments. However, in the Proposed Rules 
section of this Federal Register, we are publishing a separate document 
that will serve as the proposal in the event that adverse comments are 
filed.
    If we receive any significant adverse comments, we will publish a 
timely withdrawal in the Federal Register informing the public that 
this direct final 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 direct final rule. Any 
parties interested in commenting must do so at this time.
    Docket. The docket is an organized and complete file of the 
administrative record compiled 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).) 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. You may 
also obtain docket indexes by facsimile, as described on the Office of 
Air and Radiation, Docket and

[[Page 39302]]

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 action will also be available 
through the WWW. Following signature, a copy of the 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. The regulated categories and entities affected 
by this action include:

------------------------------------------------------------------------
            Category                 NAICS*         Regulated entities
------------------------------------------------------------------------
Industry.......................           25199  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).
------------------------------------------------------------------------
* North American Information Classification System

    This table is not intended to be exhaustive, but rather provides a 
guide for readers likely to be interested in the revisions to the 
regulation. 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. Judicial 
Review. Under section 307(b)(1) of the CAA, judicial review of this 
direct final rule is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia by August 6, 
2002. Under section 307(d)(7)(B) of the CAA, only an objection to this 
rule that was raised with reasonable specificity during the period for 
public comment can be raised during judicial review. Moreover, under 
section 307(b)(2) of the CAA, the requirements established by this 
direct final rule may not be challenged later in civil or criminal 
proceedings brought by the EPA to enforce these requirements.

I. What Is the Background for the Proposed Amendments?

    On June 29, 1999, we published the National Emission Standards for 
Hazardous Air Pollutants for Source Categories: Generic Maximum 
Achievable Control Technology (Generic MACT) Standards, 40 CFR Part 63, 
Subpart YY, which promulgated standards for four major hazardous air 
pollutants (HAP) source categories (i.e., acetal resins (AR) 
production, acrylic and modacrylic fiber (AMF) production, hydrogen 
fluoride (HF) production, and polycarbonate (PC) production). 64 FR 
34921. On November 22, 1999, we published some corrections to the final 
rule. 64 FR 63709.
    In September 1999, the General Electric Company (GE) filed a 
petition for review of the June 1999 Generic MACT rule in the U.S. 
Court of Appeals for the District of Columbia Circuit. General Electric 
Co. v. U.S. Environmental Protection Agency, No. 99-1353 (D.C. 
Circuit). In its petition, GE raised an initial concern regarding the 
recordkeeping provision in 40 CFR 63.1109(c). Subsequently, GE also 
raised an issue concerning the promulgated definition for ``process 
vent'' in 40 CFR 63.1101, which EPA determined could only be properly 
resolved in conjunction with similar issues which were being considered 
with respect to some other MACT standards. GE also identified some 
other editorial, cross-reference, and wording errors which had not been 
corrected in the November 22, 1999 rulemaking.
    GE and EPA subsequently entered into settlement discussions. In a 
settlement agreement which was lodged with the D.C. Circuit Court on 
March 13, 2002, EPA agreed to propose changes to the Generic MACT 
standards addressing each of the issues raised by GE. EPA also stated 
its intention to effectuate these changes through direct final 
rulemaking. EPA provided notice and an opportunity for comment on the 
proposed settlement agreement on March 22, 2002. 67 FR 13326.

II. What Are the Proposed Amendments?

1. Recordkeeping Requirements

    In its petition for review, GE initially cited only one issue, 
which involves a change in the recordkeeping provisions in Section 
63.1109(c) that we made between the proposed and final rules. As 
currently promulgated, that section states that ``all records required 
to be maintained by this subpart or a subpart referenced by this 
subpart shall be maintained in such a manner that they can be accessed 
within 2 hours and are suitable for inspection.'' At proposal, Section 
63.1109(c) stated that ``all records required to be maintained by this 
subpart or a subpart referenced by this subpart shall be maintained in 
such a manner that they can be readily accessed and are suitable for 
inspection.'' We added the 2-hour time constraint between proposal and 
promulgation, rather than allowing records to be ``readily accessed,'' 
believing that we were introducing a reasonable time constraint that 
clarified what we meant by ``readily accessed.'' Based on feedback from 
the petitioners, we agreed to remove this time constraint as it was 
demonstrated to us that the 2-hour time constraint is not reasonable in 
all cases. Therefore, today's action restores the language we 
originally proposed.

2. Process Vent Definition

    On October 14, 1998, we proposed the following ``process vent'' 
definition (63 FR 55178):

    Process vent means a gas stream that is continuously discharged 
during operation of the unit within a manufacturing process unit 
that meets the applicability criteria of this subpart. Process vents 
include gas streams that are either discharged directly to the 
atmosphere or after diversion through a product recovery device. 
Process vents exclude relief valve discharges and leaks from 
equipment regulated under this subpart.

    We received comments on the proposed definition from two 
commenters. One commenter stated that a process vent is a piece of 
equipment but that our proposed definition defined a process vent as a 
continuous gas stream. The commenter requested that

[[Page 39303]]

the definition be modified to become a definition for a process vent 
stream.
    Another commenter requested that the term ``organic HAP'' be used 
in the definition of process vent. This commenter also requested that 
storage vessels be expressly excluded from the definition, along with 
low organic HAP streams, and suggested an alternative definition. The 
alternative definition that the commenter provided follows:


    Process vent means a gas stream containing greater than 0.005 
weight percent organic HAP that is continuously discharged during 
operation of the unit within a manufacturing process unit that meets 
the applicability criteria of this subpart. Process vents include 
gas streams that are either discharged directly to the atmosphere or 
are discharged to the atmosphere after diversion through a product 
recovery device. Process vents exclude relief valve dischargers, 
emissions from storage tanks, and leaks from equipment regulated 
under this subpart.

    After considering the comments, we revised the definition at 
promulgation to the following:

    Process vent means a piece of equipment that processes a gas 
stream (both batch and continuous streams) during operation of the 
unit within a manufacturing process unit that meets the 
applicability criteria of this subpart. Process vents process gas 
streams that are either discharged directly to the atmosphere or are 
discharged to the atmosphere after diversion through a product 
recovery device. Process vents include vents from distillate 
receivers, product separators, and ejector-condensers. Process vents 
exclude relief valve discharges and leaks from equipment regulated 
under this subpart. Process vents that process gas streams 
containing less than or equal to 0.005 weight-percent organic HAP 
are not subject to the process vent requirements of this subpart.

    During settlement discussions, GE raised certain concerns regarding 
the effect of the process vent definition as it was promulgated. At the 
time, EPA was also considering similar issues with respect to the 
national emission standards for organic hazardous air pollutants from 
the synthetic organic chemical manufacturing industry for process vent, 
storage vessels, transfer operation, and wastewater. EPA and GE 
ultimately agreed on a revised definition which addresses the concerns 
expressed by GE and is also consistent with the approach we adopted in 
the other rulemakings.
    We agreed to propose changes to the definition of ``process vent'' 
as follows: (1) Amending the definition to specifically exclude gas 
streams subject to other requirements under the Generic MACT (40 CFR 
part 63, subpart YY) (e.g., gas streams from waste management units); 
(2) deleting the second sentence of the promulgated definition for 
process vent, which does not add anything that the definition for 
``unit operation'' does not already address; and (3) making some 
clarifying grammatical changes. After incorporating these revisions, 
the new definition will read as follows:

    Process vent means the point of discharge to the atmosphere (or 
the point of entry into a control device, if any) of a gas stream 
from a unit operation within a source category subject to this 
subpart. Process vents exclude the following gas stream discharges:
    (1) Relief valve discharges;
    (2) Leaks from equipment subject to this subpart;
    (3) Gas streams exiting a control device complying with this 
subpart;
    (4) Gas streams transferred to other processes (on-site or off-
site) for reaction or other use in another process (i.e., for 
chemical value as a product, isolated intermediate, byproduct, or 
co-product for heat value);
    (5) Gas streams transferred for fuel value (i.e., net positive 
heating value), use, reuse, or sale for fuel value, use, or reuse;
    (6) Gas streams from storage vessels or transfer racks subject 
to this subpart;
    (7) Gas streams from waste management units subject to this 
subpart;
    (8) Gas streams from wastewater streams subject to this subpart; 
and
    (9) Gas streams exiting process analyzers; and
    (10) Gas stream discharges that contain less than or equal to 
0.005 weight-percent total organic HAP.

    The revised ``process vent'' definition is consistent with our 
original intent, and we believe that the revision will not change the 
number of affected sources, the number of emission points subject to 
control, or the required level of control. The clearer definition also 
may preclude the need for certain applicability determinations, thereby 
reducing the burden on State and local agencies implementing the rule.

3. Cross-Reference, Editorial and Wording Amendments

    GE also identified some editorial (e.g., typos, type set), cross-
reference and wording errors in the final rule which were not corrected 
in the technical corrections we promulgated on November 22, 1999. We 
are amending the rule to correct these errors with today's action.
    For example, as promulgated, Sec. 63.1104(d)(3) incorrectly uses 
the word ``produce.'' The correct and intended word is ``product.'' For 
another example, Table 5 of Sec. 63.1103(d), item 6, uses the 
mathematical symbol of ``[le].'' The correct and intended mathematical 
symbol is ``[ge].'' Table 5 of Sec. 63.1103(d), item 6, also contains a 
superscript error, where a letter should be superscript that is not. 
Today's action corrects these typeset errors.

III. Why Are We Publishing These amendments as a Direct Final Rule?

    EPA has decided that it is appropriate to effectuate the proposed 
changes to the Generic MACT standards through direct final rulemaking. 
We think that these amendments are consistent with our original intent, 
and we do not expect them to affect which sources are subject to the 
rule, or to alter the control requirements applicable to those sources. 
Because we view these amendments as noncontroversial, we do not 
anticipate any adverse comment. Moreover, because the compliance date 
for many facilities subject to the standards is July 1, 2002, we think 
the public interest will be served if these changes can be made 
effective prior to that compliance date.

IV. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether a 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 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.
    Pursuant to the terms of Executive Order 12866, we have determined 
that the amendments do not constitute a ``significant regulatory 
action'' because they do not meet any of the above criteria. 
Consequently, this action was not submitted to OMB for review under 
Executive Order 12866.
B. Paperwork Reduction Act
    The information collection requirements for the Generic MACT

[[Page 39304]]

standards for acetal resins production, acrylic and modacrylic fiber 
production, hydrogen fluoride production, and polycarbonate production 
were submitted to and approved by the Office of Management and Budget. 
An Information Collection Request (ICR) document has been prepared by 
EPA (ICR No. 1891.03) and a copy may be obtained from Susan Auby by 
mail at U.S. EPA, Office of Environmental Information, Collection 
Strategies Division (2822T), 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460, by email at [email protected], or by calling (202) 566-1672. 
By U.S. Postal Service, send comments on the ICR to the Director, 
Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460; or by courier, send comments on the 
ICR to the Director, Collection Strategies Division, U.S. EPA (2822T), 
1301 Constitution Avenue, NW., Room 6143, Washington, DC 20460 (202) 
566-1700); a copy may also be downloaded at http://www.epa.gov/icr. 
This approval expires September 30, 2002.
    Today's direct final rule amendments have no impact on the 
information collection burden estimates made previously. Consequently, 
the ICR has not been revised.
C. Executive Order 13132, Federalism
    Executive Order 13132, (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.''
    The direct final rule amendments do not have federalism 
implications. They 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. 
Today's action corrects errors and clarifies the applicability of the 
rule. There are minimal, if any, impacts associated with this action. 
Thus, Executive Order 13132 does not apply to the direct final rule 
amendments.
D. Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments
    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.''
    The direct final rule amendments do not have tribal implications, 
as specified in Executive Order 13175. No tribal governments own or 
operate facilities affected by the Generic MACT. Thus, Executive Order 
13175 does not apply to the direct final rule amendments.
E. Unfunded Mandates Reform Act of 1995
    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, 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 by State, local, and tribal governments, in 
the aggregate, or by 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 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 objective of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows 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 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.
    The EPA has determined that the direct final rule amendments 
contain no Federal mandates 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. Thus, the amendments 
are not subject to the requirements of sections 202 and 205 of the 
UMRA. In addition, EPA has determined that the amendments contain no 
regulatory requirements that might significantly or uniquely affect 
small governments because they contain no requirements that apply to 
such governments or impose obligations upon them. Therefore, the direct 
final rule amendments are not subject to the requirements of section 
203 of the UMRA.
F. 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 direct final 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 direct final 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. We have, therefore, concluded 
that today's direct final rule amendments will not have a significant

[[Page 39305]]

economic impact on a substantial number of small entities.
G. National Technology Transfer and Advancement Act of 1995
    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA), (Pub. L. 104-113) (March 7, 1996) (15 U.S.C. 272 note), 
directs all Federal agencies to use voluntary consensus standards in 
their regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling and analytical procedures, business practices, etc.) that are 
developed or adopted by one or more voluntary consensus standards 
bodies. The NTTAA requires Federal agencies like EPA to provide 
Congress, through annual reports to OMB, with explanations when an 
agency does not use available and applicable voluntary consensus 
standards.
    The direct final rule amendments do not establish or modify 
technical standards in the existing rule and do not require sources to 
take substantive steps that are appropriate to the use of voluntary 
consensus standards.
H. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks
    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 EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, 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 Agency.
    The direct final rule amendments are not subject to Executive Order 
13045 because they are not an economically significant regulatory 
action as defined by Executive Order 12866. In addition, the EPA 
interprets Executive Order 13045 as applying only to those regulatory 
actions that are based on health or safety risks. The direct final rule 
amendments are not subject to Executive Order 13045 because they are 
based on technology performance and not on health or safety risks.
I. 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 
the direct rule amendments 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).
J. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use
    The direct final rule amendments are not subject to Executive Order 
13211, ``Actions Concerning Regulation That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because they 
are not a significant regulatory action under Executive Order 12866.

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.

    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

    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 
``combined vent stream'', ``process unit'' and ``process vent'' to read 
as follows:


Sec. 63.1101  Definitions.

* * * * *
    Combined vent stream means a process vent that is comprised of at 
least one gas stream from a batch unit operation manifolded with at 
least one gas stream from a continuous unit operation.
* * * * *
    Process unit means the equipment assembled and connected by pipes 
or ducts to process raw and/or intermediate materials and to 
manufacture an intended product. A process unit includes more than one 
unit operation.
* * * * *
    Process vent means the point of discharge to the atmosphere (or the 
point of entry into a control device, if any) of a gas stream from a 
unit operation within a source category subject to this subpart.
    Process vent excludes the following gas stream discharges:
    (1) Relief valve discharges;
    (2) Leaks from equipment subject to this subpart;
    (3) Gas streams exiting a control device complying with this 
subpart;
    (4) Gas streams transferred to other processes (on-site or off-
site) for reaction or other use in another process (i.e., for chemical 
value as a product, isolated intermediate, byproduct, or co-product for 
heat value);
    (5) Gas streams transferred for fuel value (i.e., net positive 
heating value), use, reuse, or sale for fuel value, use, or reuse;
    (6) Gas streams from storage vessels or transfer racks subject to 
this subpart;
    (7) Gas streams from waste management units subject to this 
subpart;
    (8) Gas streams from wastewater streams subject to this subpart;
    (9) Gas streams exiting process analyzers; and
    (10) Gas stream discharges that contain less than or equal to 0.005 
weight-percent total organic HAP.
* * * * *

    3. In Sec. 63.1103, paragraph (d)(3) is amended by:
    a. Revising entry ``6'' of Table 5 to Sec. 63.1103(d);
    b. Revising entries ``4'' and ``5'' of Table 6 to Sec. 63.1103(d); 
and
    c. Revising footnote ``b'' of Table 6 to Sec. 63.1103(d).
    The revisions read as follows:


Sec. 63.1103  Source category-specific applicability, definitions, and 
requirements.

* * * * *
    (d) * * *
    (3) * * *

[[Page 39306]]



   Table 5 to Sec.  63.1103(d).--What Are My Requirements if I Own or
      Operate a Polycarbonate Production Existing Affected Source?
------------------------------------------------------------------------
 If you own or operate * * *      And if * * *       Then you must * * *
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
6. Equipment as defined       The equipment         Comply with the
 under Sec.  63.1101.          contains or           requirements of
                               contacts [ge] 5       subpart TT
                               weight-percent        (national emission
                               total organic HAP     standards for
                               \e\, and operates     equipment leaks
                               [ge] 300 hours per    (control level 1))
                               year.                 or subpart UU
                                                     (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------


   Table 6 to Sec.  63.1103(d).--What Are My Requirements if I Own or
         Operate a Polycarbonate Production New Affected Source?
------------------------------------------------------------------------
 If you own or operate * * *      And if * * *       Then you must * * *
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
4. A process vent from        The vent stream has   a. Reduce emissions
 continuous unit operations    a TRE \b\ \c\         of total organic
 or a combined vent stream     [le]9.6.              HAP by 98 weight-
 \a\.                                                percent; or reduce
                                                     total organic HAP
                                                     to a concentration
                                                     of 20 parts per
                                                     million by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; and Vent
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994, of this
                                                     part that reduces
                                                     hydrogen halides
                                                     and halogens by 99
                                                     weight-percent or
                                                     to less than 0.45
                                                     kilograms per
                                                     hourd,\d\,
                                                     whichever is less
                                                     stringent; or
                                                    b. Reduce the
                                                     process vent
                                                     halogen atom mass
                                                     emission rate to
                                                     less than 0.45
                                                     kilograms per hour
                                                     by venting
                                                     emissions through a
                                                     closed vent system
                                                     to a halogen
                                                     reduction device
                                                     meeting the
                                                     requirements of
                                                     subpart SS, Sec.
                                                     63.994 (halogen
                                                     reduction device
                                                     requirements) of
                                                     this part; and
                                                     Reduce emissions of
                                                     total organic HAP
                                                     by 98 weight-
                                                     percent; or reduce
                                                     total organic HAP
                                                     or TOC to a
                                                     concentration of 20
                                                     parts per million
                                                     by volume;
                                                     whichever is less
                                                     stringent, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     subpart SS, as
                                                     specified in Sec.
                                                     63.982(a)(2)
                                                     (process vent
                                                     requirements) of
                                                     this part; or
                                                    c. Achieve and
                                                     maintain a TRE
                                                     index value greater
                                                     than 9.6.
5. Equipment as defined       The equipment         Comply with the
 under Sec.  63.1101.          contains or           requirements of
                               contacts [ge] 5       subpart TT
                               weight-percent        (national emission
                               total organic HPA     standards for
                               \e\, and operates     equipment leaks
                               [ge] 300 hours per    (control level 1))
                               year.                 or subpart UU
                                                     (national emission
                                                     standards for
                                                     equipment leaks
                                                     (control level 2))
                                                     of this part.
------------------------------------------------------------------------
*                  *                  *                  *
     *                  *                  *
\b\ The TRE equation coefficients for halogenated streams (Table 1 of
  Sec.  63.1104(j)(1) of this subpart) shall be used to calculate the
  TRE index value.
\c\ The TRE is determined according to the procedures specified in Sec.
  63.1104(j). If a dryer is manifolded with such vents, and the vent is
  routed to a recovery, recapture, or combustion device, then the TRE
  index value for the vent must be calculated based on the properties of
  the vent stream (including the contribution of the dryer). If a dryer
  is manifolded with other vents and not routed to a recovery,
  recapture, or combustion device, then the TRE index value must be
  calculated excluding the contributions of the dryer. The TRE index
  value for the dryer must be calculated separately in this case.
\d\ The mass emission rate of halogen atoms contained in organic
  compounds is determined according to the procedures specified in Sec.
  63.1104(i).
*                  *                  *                  *
     *                  *                  *


[[Page 39307]]


    4. Section 63.1104 is amended by:
    a. Revising the first sentence of paragraph (c);
    b. Revising paragraph (d)(3);
    c. Revising the definition of the term for Dj in 
paragraph (g)(1); and
    d. Revising Table 1 in paragraph (j)(1).
    The revisions read as follows:


Sec. 63.1104  Process vents from continuous unit operations: 
applicability assessment procedures and methods.

* * * * *
    (c) Applicability assessment requirement. The TOC or organic HAP 
concentrations, process vent volumetric flow rates, process vent 
heating values, process vent TOC or organic HAP emission rates, 
halogenated process vent determinations, process vent TRE index values, 
and engineering assessments for process vent control applicability 
assessment requirements are to be determined during maximum 
representative operating conditions for the process, except as provided 
in paragraph (d) of this section, or unless the Administrator specifies 
or approves alternate operating conditions. * * *
    (d) * * *
    (3) Necessitating that the owner or operator make product in excess 
of demand.
* * * * *
    (g) * * *
    (1) * * *


Dj=Concentration on a wet basis of compound j in parts per 
million, as measured by procedures indicated in paragraph (e)(2) of 
this section. For process vents that pass through a final steam jet and 
are not condensed, the moisture is assumed to be 2.3 percent by volume.

* * * * *
    (j) * * *
    (1) * * *

                                    Table 1 of Sec.  63.1104(j)(1).--Coefficients for Total Resource Effectiveness a
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 Values of coefficients
   Existing or new?       Halogenated vent     Control device  -----------------------------------------------------------------------------------------
                              stream?               basis                 A                      B                      C                     D
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing.............  Yes..................  Thermal           3.995                  5.200x10-2             -1.769x10-3           9.700x10 -4
                                               Incinerator and
                                               Scrubber.
                       No...................  Flare...........  1.935                  3.660x10 -1            -7.687x10 -3          -7.333x10 -4
                                              Thermal           1.492                  6.267x10 -2            3.177x10 -2           -1.159x10 -3
                                               Incinerator 0
                                               Percent
                                               Recovery.
                                              Thermal           2.519                  1.183x10 -2            1.300x10 -2           4.790x10 -2
                                               Incinerator 70
                                               Percent
                                               Recovery.
New..................  Yes..................  Thermal           1.0895                 1.417x10 -2            -4.822x10 -4          2.645x10 -4
                                               Incinerator and
                                               Scrubber.
                       No...................  Flare...........  5.276x10 -1            9.98x10 -2             -2.096x10 -3          2.000x10 -4
                                              Therman           4.068x10 -1            1.71x10 -2             8.664x10 -3           -3.162x10 -4
                                               Incinerator 0
                                               Percent
                                               Recovery.
                                              Thermal           6.868x10 -1            3.209x10 -3            3.546x10 -3           1.306x10 -2
                                               Incinerator 70
                                               Percent
                                               Recovery.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Use according to procedures outlined in this section.
MJ/scm = Mega Joules per standard cubic meter.
scm/min = Standard cubic meters per minute.

* * * * *

    5. Section 63.1109 is amended by revising the first sentence of 
paragraph (c) to read as follows:


Sec. 63.1109  Recordkeeping requirements.

* * * * *
    (c) Availability of records. All records required to be maintained 
by this subpart or a subpart referenced by this subpart shall be 
maintained in such a manner that they can be readily accessed and are 
suitable for inspection.* * *
* * * * *
[FR Doc. 02-13800 Filed 6-6-02; 8:45 am]
BILLING CODE 6560-50-P