[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26196]


[[Page Unknown]]

[Federal Register: October 21, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5094-7]
RIN 2060-AF07

 

National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Early Reductions Program High-Risk List Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On December 29, 1992, the EPA promulgated final regulations 
implementing the Early Reductions Program under section 112(i)(5) of 
the Clean Air Act, as amended (CAA). As part of that rulemaking, EPA 
designated a list of high-risk hazardous air pollutants and limited the 
use of offsetting reductions in other hazardous air pollutants as 
counting towards the required reductions in high-risk pollutants. An 
amendment to the high-risk list which would delete acrylic acid because 
of EPA's analysis of new toxicological data was proposed in the Federal 
Register on June 22, 1994. This final action promulgates this amendment 
and deletes acrylic acid from the list of high-risk pollutants as 
designated by the Early Reductions Program.
    This final action also removes methylene diphenyl diisocyanate 
(MDI) (CAS No. 101688) from the list of high-risk pollutants. The EPA's 
listing of MDI as a high-risk pollutant was vacated by the United 
States Court of Appeals for the District of Columbia Circuit on July 
19, 1994.

DATES: Effective Date. October 21, 1994.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of the actions taken by this final rule is available only by the 
filing of a petition for review in the U.S. District Court of Appeals 
for the District of Columbia Circuit within 60 days of publication of 
this rule. Under section 307(b)(2) of the CAA, the requirements that 
are the subject of this action may not be challenged later in civil or 
criminal proceedings brought by the EPA to enforce these requirements.

ADDRESSES: Docket. Docket No. A-94-29, containing supporting 
information used in developing the promulgated standards, is available 
for public inspection and copying between 8:30 a.m. and 3:30 p.m., 
Monday through Friday, at EPA's Air Docket Section, Waterside Mall, 
room 1500, 1st floor, 401 M Street, SW., Washington, DC 20460. A 
reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Ms. Martha H. Keating, Emission 
Standards Division (MD-13), U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711, (919) 541-5340.

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:

I. Significant Comments and Summary of the Final Rule
II. Removal of MDI From the High-Risk List
III. Administrative Requirements

I. Significant Comments and Summary of the Final Rule

    Based on comments received during the comment period, the EPA is 
deleting acrylic acid (CAS. No. 79107) from the list of high-risk 
pollutants, as proposed. Three commenters submitted letters supporting 
EPA's proposal, with all commenters agreeing that acrylic acid does not 
meet the EPA's criteria for listing acrylic acid as a high-risk 
pollutant under the Early Reductions Program. As the commenters 
appropriately pointed out, the EPA did not propose to revise the 
criteria for including a pollutant on the high-risk list. Therefore, 
the recent revision of the inhalation reference concentration (RfC) for 
acrylic acid (April 1, 1994) is sufficient grounds to delete acrylic 
acid from the list.
    One commenter addressed issues pertinent to EPA's use of the 
Integrated Risk Information System (IRIS). With respect to acrylic 
acid, the commenter commended the EPA for considering additional data 
that was not previously available when the RfC for acrylic acid was 
first included in the IRIS data base. The commenter's specific comments 
however, dealt with the EPA's use of IRIS values for cresol isomers in 
the context of two other proposed rulemakings. Because this issue is 
not pertinent to this action, these comments are not addressed here. 
The commenter has also submitted them to EPA in response to a request 
for public comment on two other proposed rulemakings that deal with 
cresol isomers and the EPA will consider and respond to them at the 
time those proposals are finalized.

II. Removal of MDI From the High-Risk List

    On July 19, 1994, the United States Court of Appeals for the D.C. 
Circuit vacated EPA's designation of MDI as a high-risk pollutant for 
purposes of the Early Reductions Program [Chemical Manufacturers 
Association (CMA) v. EPA, No. 93-1178 (D.C. Cir.)]. The court found 
that EPA was arbitrary and capricious in not adequately addressing 
CMA's contentions that MDI was substantially different than the 
characteristics of the model pollutant used in the generic modeling 
exercise to screen the 189 hazardous air pollutants for inclusion on 
the high-risk list. In addition, the court found that it was arbitrary 
for EPA to include MDI on the list of high risk pollutants without 
identifying any serious health effect with which it had ever been 
associated.
    Therefore, this final rule deletes MDI from the list of high-risk 
pollutants for the purposes of the Early Reductions Program in 
accordance with the court's decision.

III. Administrative Requirements

A. Docket

    The docket is an organized and complete file of all the information 
submitted to or otherwise considered by EPA in the development of this 
rulemaking. The principal purposes of the docket are: (1) To allow 
interested parties to readily identify and locate documents so they can 
intelligently and effectively participate in the rulemaking process; 
and (2) to serve as the record in case of judicial review (except for 
interagency review materials [section 307(d)(7)(A)]).

B. Paperwork Reduction Act

    There are no information collection requirements associated with 
this proposed rule. Therefore, an Information Collection Request 
document has not been prepared.

C. Executive Order 12866 Review

    Under Executive Order 12866 (FR 51735 (October 4, 1993)), EPA must 
determine whether a regulation is ``significant'' and therefore subject 
to review by the Office of Management and Budget (OMB), and the 
requirements of the Executive Order. The order defines ``significant 
regulatory action'' as one that is likely to result in a rule that may:
    (1) Have an annual affect 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. Pursuant to the terms of Executive Order 12866, it 
has been determined that this rule is a ``non significant regulatory 
action''. Accordingly, a regulatory impact analysis has not been 
prepared and EPA has not submitted the action to OMB for review.

D. Compliance With Regulatory Flexibility Act

    Under section 605 of the Regulatory Flexibility Act of 1980, 5 
U.S.C. 601 et seq., federal agencies are required to assess the 
economic impact of federal regulations on small entities. Pursuant to 
the provisions of 5 U.S.C. 605(b), I hereby certify that this rule will 
not have a significant economic impact on a substantial number of small 
business entities because the impact of this rule is not significant.

List of Subjects in 40 CFR Part 63

    Air pollution control, Early emission reductions, Hazardous air 
pollutants, Compliance extensions, Sources.

    Dated: October 13, 1994.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, 40 CFR part 63 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.


Sec. 63.74  [Amended]

    2. In Sec. 63.74 Table 1 entitled ``List of High Risk Pollutants'', 
the entry for ``acrylic acid'' (CAS No. 79107) is removed.
    3. In Sec. 63.74 Table 1 entitled ``List of High Risk Pollutants'', 
the entry for ``methylene diphenyl diisocyanate (MDI)'' (CAS No. 
101688) is removed.

[FR Doc. 94-26196 Filed 10-20-94; 8:45 am]
BILLING CODE 6560-50-P