[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Proposed Rules]
[Pages 7761-7762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4442]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-5431-1]
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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes to revise 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,'' which was issued as a 
final rule on April 22, 1994 and June 6, 1994. This rule is commonly 
known as the Hazardous Organic NESHAP or the HON. This action proposes 
to revise the date for submittal of those area source certifications 
and clarifies the wording of the documentation requirements. This 
action also proposes to extend the April 22, 1996 deadline for 
submittal of implementation plans for emission points not included in 
an emissions average to December 31, 1996. Because the revisions merely 
change the dates for submittal of the area source certifications and 
implementation plans, the EPA does not anticipate receiving adverse 
comments. Consequently the revisions are also being issued as a direct 
final rule in the final rules section of this Federal Register. If no 
significant adverse comments are timely received, no further action 
will be taken with respect to this proposal and the direct final rule 
will become final on the date provided in that action.

DATES: Comments. Comments must be received on or before April 1, 1996, 
unless a hearing is requested by March 11, 1996. If a hearing is 
requested, written comments must be received by April 15, 1996.
    Public hearing. Anyone requesting a public hearing must contact the 
EPA no later than March 11, 1996. If a hearing is held, it will take 
place on March 15, 1996 beginning at 10:00 a.m.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket Number A-90-20 (see docket section below), Room M-
1500, U.S. Environmental Protection Agency, 401 M Street, SW, 
Washington, D.C. 20460. The EPA requests that a separate copy also be 
sent to the contact person listed below.
    Public hearing. If a public hearing is held, it will be held at the 
EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina. Persons interested in attending the hearing or wishing 
to present oral testimony should notify Mrs. Kim Teal, U.S. 
Environmental Protection Agency, Research Triangle Park, N.C. 27711, 
telephone (919) 541-5580.
    Docket. Docket No. A-90-19, containing the supporting information 
for the original NESHAP and this action, are available for public 
inspection and copying between 8:00 a.m. and 5:30 p.m., Monday through 
Friday, at the EPA's Air and Radiation Docket and Information Center, 
Waterside Mall, Room M-1500, first floor, 401 M Street SW, Washington, 
DC 20460, or by calling (202) 260-7548 or 260-7549. A reasonable fee 
may be charged for copying.

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 no significant, adverse comments are 
timely received, no further activity is contemplated in relation to 
this proposed rule and the direct final rule in the final rules section 
of this Federal Register will automatically go into effect on the date 
specified in that rule. If significant adverse comments are timely 
received, the direct final rule will be withdrawn and all public 
comment received will be addressed in a subsequent final rule. Because 
the EPA will not institute a second comment period on this proposed 
rule, any parties interested in commenting should do so during this 
comment period.
    For further supplemental information, the detailed rationale, and 
the rule provisions, see the information provided in the direct final 
rule in the final rules section of this Federal Register. 

[[Page 7762]]


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 ``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. Today's proposed revisions provide more 
time to submit area source certifications and implementation plans. 
These proposed revisions 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 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.
[FR Doc. 96-4442 Filed 2-28-96; 8:45 am]
BILLING CODE 6560-50-P