[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Rules and Regulations]
[Pages 7716-7718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4441]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-5431-2]
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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On April 10, 1995, the EPA amended certain portions of the 
``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.'' This rule is commonly 
known as the Hazardous Organic NESHAP or the HON. In that action, the 
EPA revised the rule to provide a deferral of HON requirements for 
source owners or operators who wish to make an area source 
certification and to establish minimum documentation requirements. This 
action revises the date for submittal of those area source 
certifications and clarifies the wording of the documentation 
requirements. This action is being taken because the EPA has learned 
that sufficient time was not provided to prepare the certifications and 
that some confusion exists regarding the required documentation.
    This action also extends the April 22, 1996 deadline for submittal 
of implementation plans for emission points not included in an 
emissions average to December 31, 1996. The deadline for submitting 
these plans is being extended because the EPA anticipates making 
further revisions to the rule in the near future that could affect the 
contents of the implementation plan. In light of this, the EPA thinks 
it is appropriate to delay this report until there is greater certainty 
regarding the compliance requirements.

DATES: The direct final rule will be effective April 19, 1996, unless 
significant, adverse comments are received by April 1, 1996. If 
significant, adverse comments are timely received on any portion of the 
direct final rule, that portion of the direct final rule will be 
withdrawn.

ADDRESSES: Comments should be submitted (in duplicate, if possible) to: 
Air and Radiation Docket and Information Center (6102), Attention 
Docket Number A-90-20, Room M-1500, U.S. Environmental Protection 
Agency, 401 M Street SW., Washington, DC 20460.

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: If significant adverse comments are timely 
received on any portion of this direct final rule, that portion of the 
direct final rule will be withdrawn and all such comments will be 
addressed in a subsequent final rule based on the proposed rule 
contained in the Proposed Rules Section of this Federal Register that 
is identical to this direct final rule. If no significant adverse 
comments are timely received on this direct final rule, then the direct 
final rule will become effective April 19, 1996, and no further action 
is contemplated on the parallel proposal published today.

I. Background and Summary of Changes to Rule

    On April 22, 1994 (59 FR 19402), and June 6, 1994 (59 FR 29196), 
the EPA promulgated in the Federal Register National Emission Standards 
for Hazardous Air Pollutants (NESHAP) for 

[[Page 7717]]
the Synthetic Organic Chemical Manufacturing Industry (SOCMI), and for 
several other processes subject to the equipment leaks portion of the 
rule. These regulations were promulgated as subparts F, G, H, and I in 
40 CFR Part 63, and are commonly referred to as the hazardous organic 
NESHAP, or the HON. Since the April 22, 1994 notice, there have been 
several amendments to clarify various aspects of the rule. Readers 
should see the following Federal Register notices for more information: 
September 20, 1994 (59 FR 48175); October 24, 1994 (59 FR 53359); 
October 28, 1994 (59 FR 54131); January 27, 1995 (60 FR 5321); April 
10, 1995 (60 FR 18020); April 10, 1995 (60 FR 18026); and December 12, 
1995 (60 FR 63624).

A. Area Source Certification

    On April 10, 1995, new paragraphs were added to Sec. 63.100(b) and 
Sec. 63.103(f) of subpart F and Sec. 63.190(b) of subpart I to provide 
procedures to certify and document that a source is operating below the 
thresholds for a major source. Those provisions specified that the 
certifications were to be submitted no later than May 10, 1995. This 
date was 30 days after the date of publication of the notice and 
consistent with the proposed requirement. Since the amendment was 
issued, the EPA has learned that there are a number of potential area 
source facilities whose owners learned of this amendment for the first 
time after May 10, 1995. The EPA believes that, in view of these 
circumstances, it is appropriate to provide additional time for 
submittal of the certifications. Therefore, this document revises the 
date for submittal of those certifications until May 14, 1996.
    The EPA has also learned that there are questions regarding the 
requirements for documentation that actual emissions are below the 
major source threshold. To address this confusion, the first sentence 
in Sec. 63.100(b)(4)(i)(B) is being revised to clarify that emissions 
are to be estimated for maximum expected operating conditions for the 
facility. This revision is necessary to make the rule consistent with 
the EPA's intent to allow sources with actual annual emissions less 
than major source thresholds the additional time necessary to obtain 
federally enforceable limits (59 FR 53393 and 60 FR 18021). The same 
revision is also being made to Sec. 63.190(b)(7)(i)(B) of subpart I.

B. Date for Submission of Implementation Plan

    The EPA is extending the April 22, 1996 deadline for submittal of 
implementation plans for emission points not included in an emissions 
average to December 31, 1996. The deadline for submitting these plans 
is being extended because there are uncertainties regarding the 
applicability of the rule to certain sources and there are 
uncertainties regarding the requirements of certain provisions. These 
uncertainties are caused by the existence of pending litigation on the 
final rule, the need to review and respond to several recent changes to 
the final rule, and the possibility of further changes being made to 
the final rule in the near future.
    Since the April 22, 1994 notice, there have been several amendments 
to clarify various aspects of the rule. The most recent of these 
notices was published on December 12, 1995. On April 10, 1995 (60 FR 
18071), the EPA proposed to remove three compounds from the list of 
chemical production processes regulated by the rule. The EPA 
anticipates issuing a final notice to complete that rulemaking in the 
near future. Additionally, the EPA anticipates that it is likely to 
propose at least one more set of additional changes to the rule in the 
near future. Since these changes may affect compliance planning for 
some sources, it is appropriate to delay this report until there is 
greater certainty regarding the compliance requirements.

II. Administrative

A. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated NESHAP were submitted to and approved by the Office of 
Management and Budget (OMB). A copy of this Information Collection 
Request (ICR) document (OMB control number 1414.02) may be obtained 
from Sandy Farmer, Information Policy Branch (PM-223Y); U.S. 
Environmental Protection Agency; 401 M Street, SW; Washington, DC 20460 
or by calling (202) 260-2740.
    Today's changes to the NESHAP should have no impact on the 
information collection burden estimates made previously. The change to 
the area source certification merely revises the date for submission of 
the certification and clarifies the documentation requirements. The 
change to the implementation plan requirements merely extends the date 
for submission of plans from existing sources. These changes do not 
impose new requirements. Consequently, the ICR has not been revised.

B. Executive Order 12866 Review

    Under Executive Order (E.O.) 12866, the EPA must determine whether 
the proposed regulatory action is ``not significant'' and therefore, 
subject to the Office of Management and Budget (OMB) review and the 
requirements of the Executive Order. The Order defines ``significant'' 
regulatory action as one that is likely to lead to 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 in 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.
    The HON rule promulgated on April 22, 1994 was considered 
``significant'' under Executive Order 12866 and a regulatory impact 
analysis (RIA) was prepared. The amendments issued today clarify the 
rule and do not add any additional control requirements. Therefore, 
this regulatory action is considered not significant.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires the identification 
of potentially adverse impacts of Federal regulations upon small 
business entities. The Act specifically requires the completion of a 
Regulatory Flexibility Analysis in those instances where small business 
impacts are possible. Pursuant to section 605(b) of the Regulatory 
Flexibility Act, 5 U.S.C. 605(b), the Administrator certifies that this 
rule will not have a significant economic impact on a substantial 
number of small entities. Because this rulemaking imposes no adverse 
economic impacts, a Regulatory Flexibility Analysis has not been 
prepared.

D. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated 

[[Page 7718]]
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, the EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires the EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. Therefore, the requirements of the 
Unfunded Mandates Act do not apply to this action.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: February 21, 1996.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part 
63, subparts F, G, and I, of the Code of Federal Regulations are 
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 F--National Emission Standards for Organic Hazardous Air 
Pollutants From the Synthetic Organic Chemical Manufacturing 
Industry

    2. Section 63.100 is amended by revising paragraph (b)(4) 
introductory text and the first sentence in paragraph (b)(4)(i)(B) to 
read as follows:


Sec. 63.100  Applicability and designation of source.

* * * * *
    (b) * * *
    (4) The owner or operator of a chemical manufacturing processing 
unit is exempt from all requirements of subparts F, G, and H of this 
part until not later than April 22, 1997 if the owner or operator 
certifies, in a notification to the appropriate EPA Regional Office, 
not later than May 14, 1996, that the plant site at which the chemical 
manufacturing processing unit is located emits, and will continue to 
emit, during any 12-month period, less than 10 tons per year of any 
individual hazardous air pollutants (HAP), and less than 25 tons per 
year of any combination of HAP.
    (i) * * *
    (B) The owner or operator shall calculate the amount of annual HAP 
emissions released from each emission point at the plant site, using 
acceptable measurement or estimating techniques for maximum expected 
operating conditions at the plant site. * * *
* * * * *

Subpart G--National Emission Standards for Organic Hazardous Air 
Pollutants From the Synthetic Organic Chemical Manufacturing 
Industry for Process Vents, Storage Vessels, Transfer Operations, 
and Wastewater

    3. Section 63.151 is amended by revising paragraph (c)(1)(ii) to 
read as follows:


Sec. 63.151  Initial notification and implementation plan.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Each owner or operator of an existing source subject to this 
subpart who elects to comply with Sec. 63.112 of this subpart by 
complying with the provisions of Secs. 63.113 to 63.148 of this 
subpart, rather than emissions averaging, for any emission points, and 
who has not submitted an operating permit application accompanied by 
the information specified in Sec. 63.152(e) by December 31,1996, shall 
develop an Implementation Plan. For an existing source, the 
Implementation Plan for those emission points that are not to be 
included in an emissions average shall be submitted to the 
Administrator no later than December 31, 1996.
* * * * *

Subpart I--National Emission Standards for Organic Hazardous Air 
Pollutants for Certain Processes Subject to the Negotiated 
Regulation for Equipment Leaks

    4. Section 63.190 is amended by revising paragraph (b)(7) 
introductory text and the first sentence in paragraph (b)(7)(i)(B) to 
read as follows:


Sec. 63.190  Applicability and designation of source.

* * * * *
    (b) * * *
    (7) The owner or operator of a plant site at which a process 
specified in paragraphs (b)(1) through (b)(6) of this section is 
located is exempt from all requirements of this subpart I until not 
later than April 22, 1997 if the owner or operator certifies, in a 
notification to the appropriate EPA Regional Office, not later than May 
14, 1996, that the plant site at which the process is located emits, 
and will continue to emit, during any 12-month period, less than 10 
tons per year of any individual HAP, and less than 25 tons per year of 
any combination of HAP.
    (i) * * *
    (B) The owner or operator shall calculate the amount of annual HAP 
emissions released from each emission point at the plant site, using 
acceptable measurement or estimating techniques for maximum expected 
operating conditions at the plant site. * * *
* * * * *
[FR Doc. 96-4441 Filed 2-28-96; 8:45 am]
BILLING CODE 6560-50-P