[Federal Register Volume 60, Number 18 (Friday, January 27, 1995)]
[Rules and Regulations]
[Pages 5320-5321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2129]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-5147-1]
RIN 2060-AC19


National Emission Standards for Hazardous Air Pollutants for 
Source Categories; Organic Hazardous Air Pollutants From the Synthetic 
Organic Chemical Manufacturing Industry and Other Processes Subject to 
the Negotiated Regulation for Equipment Leaks; Extension of Compliance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; extension of compliance.

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SUMMARY: On October 24 and 28, 1994, EPA announced a partial 3-month 
stay and reconsideration of certain aspects of the ``National Emission 
Standards for Hazardous Air Pollutants From the Synthetic Organic 
Chemical Manufacturing Industry and Other Processes Subject to the 
Negotiated Regulation for Equipment Leaks'' 59 FR 19402 (April 22, 
1994) and 59 FR 29196 (June 6, 1994) (collectively known as the 
``hazardous organics NESHAP'' or the ``HON''). The EPA also proposed, 
pursuant to Clean Air Act section 301(a)(1), 42 U.S.C. 7601(a)(1), to 
extend temporarily the applicable compliance dates for sources subject 
to the stay, but only as necessary to complete the two reconsiderations 
(including appropriate regulatory action) of the rule in question. The 
EPA received no adverse public comment on either of the two proposed 
short-term compliance extensions. The EPA is extending the compliance 
dates until April 24, 1995. A short-term extension of this nature is 
well within the 3-year period allowed by the Act.

EFFECTIVE DATE: January 27, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. Janet S. Meyer, Emission Standards 
Division (MD-13), U.S. Environmental Protection Agency, Office of Air 
Quality Planning and Standards, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5254.

SUPPLEMENTARY INFORMATION:

I. Compliance Extension

    On October 24, 1995 (59 FR 53359) EPA announced that, pursuant to 
Clean Air Act section 307(d)(7)(B), it is reconsidering certain 
portions of the HON rule. The October 24, 1995 administrative stay 
applied only to those source owners or operators who make a 
representation in writing that resolution of the area source definition 
issues could affect whether the facility is subject to the HON. Readers 
should refer to that notice for a complete discussion of the background 
and rule affected.
    On October 28, 1995 (59 FR 54131), EPA announced an administrative 
stay of the effectiveness of the provisions for compressors and for 
surge control vessels and bottoms receivers for sources subject to the 
October 24, 1994 compliance date pending reconsideration of those 
provisions. Readers should refer to that notice and the associated 
proposed amendments to subpart H (59 FR 54154) for a complete 
discussion of the background and the proposed changes to the rule.
    Along with both notices of partial stay and reconsideration, EPA 
also proposed to extend the compliance dates beyond the 3 months 
provided, as necessary to complete reconsideration and revision of the 
rule in question.
    Ten comment letters were received on each of the two notices of 
partial stay and reconsideration. No adverse [[Page 5321]] comments 
were received on either proposal to extend the compliance dates beyond 
3 months, if necessary, in order to complete reconsideration and 
revision of the rules in question. As EPA finds that it is not able to 
complete the reconsideration and the regulatory action to the rule 
within the 3 month period, EPA is extending the compliance date until 
April 24, 1995. The EPA expects to complete the regulatory action on 
both petitions for reconsideration before the April compliance date.

II. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of the actions taken by this final rule is available only on the filing 
of a petition for review in the U.S. Court of Appeals for the District 
of Columbia Circuit within 60 days of today's publication of this 
action. Under section 307(b)(2) of the CAA, the requirements that are 
subject to today's notice may not be challenged later in civil or 
criminal proceedings brought by EPA to enforce these requirements.
    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.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances.

    Dated: January 23, 1995.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, part 63 of Chapter I of 
title 40 of the Code of Federal Regulations is amended as follows.

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

    2. Section 63.100 is amended by revising paragraphs (n) and (o) to 
read as follows:


Sec. 63.100  Applicability and designation of source.

* * * * *
    (n) Rules Stayed for Reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of subpart F is stayed 
from October 24, 1994, to April 24, 1995 only as applied to those 
sources for which the owner or operator makes a representation in 
writing to the Administrator that the resolution of the area source 
definition issues could have an effect on the compliance status of the 
source with respect to subpart F.
    (o) Sections Stayed for Reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of Secs. 63.164 and 63.170 
of subpart H is stayed from October 28, 1994 to April 24, 1995 only as 
applied to those sources subject to Sec. 63.100(k)(3) (i) and (ii).
    3. Section 63.110 is amended by revising paragraph (g) to read as 
follows:


Sec. 63.110  Applicability.

* * * * *
    (g) Rules Stayed for Reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of subpart G is stayed 
from October 24, 1994, to April 24, 1995 only as applied to those 
sources for which the owner or operator makes a representation in 
writing to the Administrator that the resolution of the area source 
definition issues could have an effect on the compliance status of the 
source with respect to subpart G.
    4. Section 63.160 is amended by revising paragraph (d) to read as 
follows:


Sec. 63.160  Applicability and designation of source.

* * * * *
    (d) Rules Stayed for Reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of subpart H is stayed 
from October 24, 1994, to April 24, 1995 only as applied to those 
sources for which the owner or operator makes a representation in 
writing to the Administrator that the resolution of the area source 
definition issues could have an effect on the compliance status of the 
source with respect to subpart H.
    5. Section 63.190 is amended by revising paragraphs (h) and (i) to 
read as follows:


Sec. 63.190  Applicability and designation of source.

* * * * *
    (h) Rules Stayed for Reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of subpart I is stayed 
from October 24, 1994, to April 24, 1995 only as applied to those 
sources for which the owner or operator makes a representation in 
writing to the Administrator that the resolution of the area source 
definition issues could have an effect on the compliance status of the 
source with respect to subpart I.
    (i) Sections Stayed for Reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of Secs. 63.164 and 63.170 
of subpart H is stayed from October 28, 1994 to April 24, 1995 only as 
applied to those sources subject to Sec. 63.190(e)(2).

[FR Doc. 95-2129 Filed 1-24-95; 4:13 pm]
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