[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Rules and Regulations]
[Pages 51269-51270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17194]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2003-0121; AD-FRL-7961-9]
RIN 2060-AN09
National Emission Standards for Hazardous Air Pollutants:
Miscellaneous Organic Chemical Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial withdrawal of direct final rule.
-----------------------------------------------------------------------
SUMMARY: On July 1, 2005, the EPA issued direct final amendments to the
national emission standards for hazardous air pollutants (NESHAP) for
Miscellaneous Organic Chemical Manufacturing, along with a parallel
proposal to be used as the basis for final action in the event EPA
received any adverse comments on the direct final amendments. Because
adverse comment was received, EPA is withdrawing the corresponding
parts of the direct final rule. We stated in that direct final rule
that if we received adverse comment by August 1, 2005, we would publish
a timely withdrawal in the Federal Register. We will address all
comments in a subsequent final rule based on the parallel proposal
published on July 1, 2005. As stated in the parallel proposal, we will
not institute a second comment period on this action.
DATES: As of August 30, 2005, EPA withdraws the direct final rule
amendments to 40 CFR 63.2485(c)(4) and Table 1 to subpart FFFF of part
63, published on July 1, 2005 (70 FR 38554). The remaining provisions
published on July 1, 2005, will be effective on August 30, 2005.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. OAR-2003-0121. All documents in the docket are listed in the index
at http://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy at: Air and Radiation Docket, EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.
FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Organic Chemicals
Group, Emission Standards Division (Mail Code C504-04), U.S. EPA,
Research Triangle Park, North Carolina 27711, telephone number (919)
541-5402, electronic mail address [email protected].
SUPPLEMENTARY INFORMATION: On July 1, 2005, we published a direct final
rule (70 FR 38554) and a parallel proposal (70 FR 38562) amending the
NESHAP for Miscellaneous Organic Chemical Manufacturing (40 CFR part
63, subpart FFFF). We amended the NESHAP by: Clarifying the compliance
requirements for flares and the alternative standard, extending the
vapor balancing alternative to cover transfers from barges to storage
tanks, amending the procedures for correcting measured concentrations
at the outlet of combustion devices to correct for dilution by
supplemental gas, and clarifying the signature requirements for the
notification of compliance status report. The direct final rule
amendments also specified requirements for effluent from control
devices, clarified the definition of the term continuous process vent,
and
[[Page 51270]]
corrected several referencing and drafting errors. We stated in the
preamble to the direct final rule and parallel proposal that if we
received adverse comment by August 1, 2005, (or if a public hearing was
requested by July 11, 2005) on one or more distinct provisions of the
direct final rule, we would publish a timely notice in the Federal
Register specifying which provisions will become effective and which
provisions will be withdrawn due to adverse comment. We subsequently
received adverse comment from several commenters regarding requirements
for effluent from control devices. Commenters also pointed out
erroneous changes made to Table 1 of subpart FFFF of part 63.
Accordingly, we are withdrawing the amendments to 40 CFR
63.2485(c)(4) and Table 1 of subpart FFFF of part 63. The amendments
are withdrawn as of August 30, 2005. We will take final action on the
proposed rule after considering the comments received. We will not
institute a second comment period on this action. The provisions for
which we did not receive adverse comment will become effective on
August 30, 2005, as provided in the preamble to the direct final rule.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: August 24, 2005.
William L. Wehrum,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 05-17194 Filed 8-29-05; 8:45 am]
BILLING CODE 6560-50-P