[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Proposed Rules]
[Pages 77799-77801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31330]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2008-0334; FRL-9238-6]
National Emission Standards for Hazardous Air Pollutants for
Chemical Manufacturing Area Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On June 15, 2010, EPA notified Petitioners that the Agency
intended to initiate the reconsideration process in response to their
request for reconsideration of certain provisions in the National
Emission Standards for Hazardous Air Pollutants for Chemical
Manufacturing Area Sources. Among the provisions that EPA is
reconsidering is a requirement that certain affected sources obtain a
permit. In a separate rule published today, EPA is taking final action
to stay for 90 days, the requirement for certain affected sources to
comply with the title V permit program. Because we believe the
reconsideration process may not be completed within 90 days, we are
proposing to stay the provision requiring certain sources to obtain a
permit until the final reconsideration rule is published in the Federal
Register. EPA is requesting public comment on this proposed stay.
DATES: Comments. Comments must be received on or before January 28,
2011.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing by December 27, 2010, a public hearing will be held on
December 29, 2010. For further information on the public hearing and
requests to speak, see the ADDRESSES section of this preamble.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0334, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected], Attention Docket ID No.
EPA-HQ-OAR-2008-0334.
Fax: (202) 566-9744, Attention Docket ID No. EPA-HQ-OAR-
2008-0334.
Mail: U.S. Postal Service, send comments to: Air and
Radiation Docket and Information Center, Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460, Attention Docket ID No. EPA-HQ-OAR-2008-0334.
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Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center (2822T), Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20004. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0334. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center,
EPA West Building, Room 3334, 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
Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Coatings and Chemicals Group (E143-01), Environmental Protection
Agency, Research Triangle Park, NC 27711, telephone number: (919) 541-
5402; fax number: (919) 541-0246; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The EPA published final National Emission Standards for Hazardous
Air Pollutants for Chemical Manufacturing Area Sources on October 29,
2009. 40 CFR part 63, subpart VVVVVV (74 FR 56008). Included in the
final rule was a new provision requiring any major source that had
installed a control device on a chemical manufacturing process unit
after November 15, 1990, and, as a result, became an area source under
CFR 40 part 63 to obtain a title V permit under 40 CFR part 70 or 40
CFR part 71. See 40 CFR 63.11494(e).
On February 12, 2010, the American Chemistry Council and the
Society of Chemical Manufacturers and Affiliates (collectively referred
to as ``Petitioners'') sought reconsideration of six provisions in the
final rule, including the provision requiring certain sources to obtain
a title V permit. On June 15, 2010, EPA notified Petitioners that the
Agency intended to initiate the reconsideration process. EPA also
separately notified Petitioners that the provision requiring certain
sources to obtain a title V permit was among the provisions for which
EPA would grant reconsideration.
By letter dated October 28, 2010, Petitioners requested a stay of
the requirement to comply with the title V permit program, specifically
the requirement to submit a title V permit application, pending
completion of the reconsideration process. Petitioners stated in their
letter that they were requesting the stay because EPA has yet to
initiate the reconsideration process and, ``under one interpretation of
EPA's [40 CFR part 70 and 40 CFR part 71] regulations, existing sources
must file Title V permit applications [by] October 29, 2010.''
Petitioners maintained that it would be unreasonable and inequitable to
require facilities to prepare and submit title V applications at the
same time that EPA is reconsidering the requirement to obtain a title V
permit. As explained below, EPA believes that it is appropriate to stay
the effectiveness of the requirement in 40 CFR 63.11494(e) for certain
sources to obtain a title V permit during the pendency of the
reconsideration process.
EPA is proposing to stay the provision in 40 CFR 63.11494(e) that
requires ``[a]ny source that was a major source and installed a control
device on a CMPU \1\ after November 15, 1990, and, as a result, became
an area source under 40 CFR part 63 is required to obtain a permit
under 40 CFR part 70 or 40 CFR part 71.'' We are proposing to stay the
provision until after the final reconsideration rule is published in
the Federal Register. This provision was first introduced in the final
rule and represented a significant change from the proposal. Facilities
had no chance to comment on this new requirement in the final rule. We
are proposing to stay this provision because both the affected universe
of sources and the substantive requirement could change as a result of
this reconsideration process. Specifically, we will be reconsidering
whether the affected sources noted above should be subject to title V,
or whether they should be exempt from title V requirements. Because we
cannot pre-judge the outcome of the reconsideration process, we think a
limited stay during the duration of the administrative reconsideration
process is appropriate so that sources are not incurring the cost
associated with applying for a title V permit in advance of our final
decision on the issue.
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\1\ Chemical manufacturing process unit.
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II. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action,'' and, therefore, is
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). In
addition, this action does not impose any enforceable duty or contain
any unfunded mandate as described in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104-4), or require prior consultation with State
officials, as specified by Executive Order 12875 (58 FR 58093, October
28, 1993), or involve special consideration of environmental justice
related issues, as required by Executive Order 12898 (59 FR 7629,
February 16, 1994). Pursuant to the Regulatory Flexibility
[[Page 77801]]
Act, I certify that this action will not have a significant economic
impact on a substantial number of small entities. This proposed rule
will not impose any new requirements on any entities because it does
not impose any additional regulatory requirements. This action also
does not have Tribal implications because it will not have a
substantial direct effect on one or more Indian Tribes, on the
relationship between the Federal government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian Tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does 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 (64
FR 43255, August 10, 1999). This action also is not subject to
Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). The
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This action
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.). EPA's
compliance with these statutes and Executive Orders for the underlying
rule is discussed in the October 29, 2009, Federal Register document.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Monitoring, Reporting and recordkeeping.
Dated: December 7, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-31330 Filed 12-13-10; 8:45 am]
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