[Federal Register Volume 61, Number 217 (Thursday, November 7, 1996)]
[Proposed Rules]
[Pages 57602-57605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5649-3]


National Emission Standards for Hazardous Air Pollutant Emissions 
from Miscellaneous Organic Chemical Processes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of available information and solicitation of additional 
information.

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SUMMARY: The EPA intends to propose a single set of emission standards 
that will apply to more than 20 listed source categories of hazardous 
air pollutants (HAP). These emission standards will apply to a group of 
organic chemical processes for which final standards promulgation is 
required by November 15, 2000. The Agency anticipates that these 
standards will also apply to organic chemical processes that have 
either been excluded from the applicability of emission standards 
developed for other source categories, or that have not been included 
within a listed source category.

[[Page 57603]]

    The purpose of this action is to notify interested parties 
including owners and operators of chemical processes that could be 
covered by national emission standards for hazardous air pollutants 
(NESHAP) applicable to miscellaneous organic processes. The EPA has 
invited State and Regional environmental agencies, representatives from 
industry, and representatives from environmental groups to provide 
input into the development of the set of proposed standards. 
Representatives of the Synthetic Organic Chemical Manufacturers 
Association and the Chemical Manufacturers Association are actively 
providing input into the regulatory development process for the 
proposed set of standards. The EPA encourages interested parties to 
provide input into this rulemaking process either through their 
respective trade organizations, or by contacting EPA directly.

DOCKET: Docket No. A-90-49 contains information supporting development 
of the list of source categories, including those categories for which 
EPA proposes to develop a set of emission standards by November 15, 
2000. A docket supporting development of emission standards discussed 
in this notice has not yet been established. Docket No. A-90-49 is 
available for public inspection and copying between 8 a.m. and 5:30 
p.m., Monday through Friday, at EPA's Air and Radiation Docket and 
Information Center, Waterside Mall, Room M-1500, First Floor, 401 M 
Street, SW., Washington, DC 20406, or by calling (202) 260-7548 or 260-
7549. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Randy McDonald, Emissions Standards Division, Mail 
Drop 13, U.S. EPA Office of Air Quality Planning and Standards, 
Research Triangle Park, North Carolina 27711, telephone number (919) 
541-5402.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 112 of the Clean Air Act (Act) requires that the Agency 
list and promulgate NESHAP in order to control, reduce, or otherwise 
limit the HAP emissions from categories of major and area sources. 
Pursuant to the specific listing requirements in section 112(c), the 
Agency published on July 16, 1992 (57 FR 31576), an initial list of 174 
categories of major and area sources that would be subject to MACT 
emission standards. Following this listing, pursuant to requirements in 
section 112(e), on December 3, 1993 (58 FR 63941) the Agency published 
a schedule for the promulgation of MACT emission standards for each of 
the 174 listed source categories.
    A number of the source categories for which emission standards must 
be promulgated by November 15, 2000 (i.e., ten-year standards) can be 
broadly classified as miscellaneous organic chemical processes. The EPA 
began collecting information in April 1995 to support development of 
ten-year standards for listed organic chemical process source 
categories. Information was collected for more than 300 facilities 
falling within Standard Industrial Classification (SIC) code 28 (i.e., 
chemical production processes). These facilities are located in States 
which have implemented comprehensive air emissions inventory programs 
and contain high concentrations of chemical producers within their 
boundaries. The information collected includes process descriptions, 
sources and quantities of HAP emissions, and emission control levels. 
The principal sources of these data were air pollutant inventories, 
construction and operating permits, and electronic databases.
    Information collected reveals that many organic chemical processes 
described by SIC 28, including processes covered by 21 ten-year source 
categories, involve similar process equipment, similar emission points 
and control equipment, and are in many cases co-located with other 
listed sources. The EPA has also identified a number of organic 
chemical processes which are not included in the source category list 
(57 FR 31576). These processes, their emission points, and applicable 
controls are similar to the 21 listed source categories. These organic 
chemical processes are also co-located with each other and the listed 
source categories.

II. Description of Agency's Intent

A. Develop a Single Set of Emission Standards for the Group of 
Miscellaneous Organic Chemical Processes

    The knowledge gained from preliminary data collection efforts, 
combined with the section 112 (c) and (e) requirements to list 
categories of major HAP sources and to promulgate emission standards 
for all listed categories by November 15, 2000, has prompted the Agency 
to propose developing a set of emission standards which applies to a 
broad group of organic chemical processes. The EPA envisions that the 
set of emission standards would establish MACT for 21 of the listed 
source categories scheduled for promulgation by November 15, 2000. 
Other major sources not included within a listed source category, or 
excluded from the applicability of regulations promulgated for other 
source categories, will also be covered by the set of standards.
    Twelve of the 21 listed source categories which will be covered by 
the miscellaneous organic chemical processes MACT standards are listed 
under the Miscellaneous Processes Industry Group (57 FR 31576). These 
include: Benzyltrimethylammonium chloride production, carbonyl sulfide 
production, chelating agents production, chlorinated paraffins 
production, ethylidene norbornene production, explosives production, 
hydrazine production, photographic chemicals production, phthalate 
plasticizers production, rubber chemicals production, symmetrical 
tetrachloropyridine production, and OBPA/1,3-diisocyanate production.
    Eight of the 21 listed source categories which will be covered by 
the MACT standards for miscellaneous organic chemical processes are 
listed under the Polymers and Resins Industry Group. These include: 
Alkyd resins production, polyester resins production, polyvinyl alcohol 
production, polyvinyl acetate emulsions production, polyvinyl butyral 
production, polymerized vinylidene chloride production, polymethyl 
methacrylate production, and maleic anhydride copolymers production.
    One of the 21 listed source categories which will be covered by the 
MACT standards for miscellaneous organic chemical processes is listed 
under the Surface Coating Processes Industry Group. This category is 
manufacture of paints, coatings and adhesives.
    The EPA envisions that the set of emission standards will establish 
control requirements for organic chemical processes which: (1) Are 
described by SIC codes 282, 284, 285, 286, 287, 289, and 386; (2) emit 
HAP; (3) are located within a stationary source or a contiguous group 
of stationary sources that emit or has the potential to emit at least 
10 tons of one, or an aggregate 25 tons or more HAP per year; and (4) 
are not covered by any other MACT standard.
    Organic chemical processes not covered by any other MACT standard 
include: (1) The 21 listed source categories identified above; (2) 
organic chemical processes excluded from applicable requirements of any 
other MACT standard, which include: (a) Process vents for batch 
reactors used in producing the organic chemicals listed in table 1 of 
the emission standards

[[Page 57604]]

popularly known as the hazardous organic NESHAP (HON), 40 CFR Part 63 
Subpart F, covering the synthetic organic chemical manufacturing 
industry (SOCMI), (b) HAP emissions from a SOCMI process using HAP only 
as a solvent, (c) production of pesticide intermediates not covered by 
the agricultural chemicals production NESHAP, and (d) production of by-
products, co-products and intermediates not considered primary products 
under the NESHAP for Group I and Group IV polymers and resins; and (3) 
those product processes identified by EPA based on information gathered 
which include: alcohols, plasticizers, oil additives, synthetic fatty 
acids, trioxane/trioxane polymer, hexamethylene diisocyanate, urea, 
nitroparaffin derivatives, polyethylene, ExxateTM, dicapryl 
phthalate, glyphosate, ethoxolates, alkyl naphthalene, polypropylene, 
neopentyl glycol, hexanediol, primene, hexamethylene diisocyanate, 
adipic acid, sorbic acid, alkyl phenol, primene, and lactic acid; and 
(4) other product processes not identified above that can be broadly 
characterized as organic chemical processes not covered by any other 
MACT standard.
    The EPA recognizes that the list of source categories will need to 
be amended to reflect the inclusion of sources identified above. The 
list of categories of major sources of HAP will be amended by adding a 
new miscellaneous organic chemical source category. This category will 
subsume the 21 listed source categories and will include all other 
organic chemical processes not covered by another MACT standard. This 
action will be taken at a later date.
    The set of emission standards for miscellaneous organic chemical 
processes would be promulgated by November 15, 2000. Section 112(c)(5) 
of the Act provides that for categories of major HAP sources added to 
the initial list, standards must be established by November 15, 2000, 
or within 2 years after the date when such category is listed, 
whichever is later. Therefore, the NESHAP promulgation date for the 
newly identified organic chemical processes will be the same as that 
for the 21 existing ten-year source categories.

B. Rationale for Developing a Single Set of Emission Standards for the 
Group of Miscellaneous Organic Chemical Processes

    Preliminary data indicate that the process equipment, emission 
characteristics, and applicable control technologies are similar for 
the broad group of sources that EPA intends to regulate under a single 
set of standards. These data also indicate that, for purposes of 
characterizing and controlling process emissions, distinctions based on 
whether the production of these organic chemicals is a formulation 
operation or a chemical reaction, and whether the process vessel is a 
batch or continuous reactor, are more significant than differences 
among the final chemical products themselves. For these reasons, EPA 
believes that it is technically feasible to regulate emissions from a 
variety of organic chemical processes by a single set of emission 
standards. The Agency envisions a set of standards establishing 
separate control requirements for chemical production processes and 
formulation/blending operations. The set of standards could also 
establish varying control requirements based on distinctions among 
classes, types, and sizes of sources. Similar to the HON, separate 
requirements will be proposed for process vents, transfer operations, 
storage tanks, equipment leaks, and wastewater HAP emission points. 
Separate control requirements may also be established for emission 
points associated with continuous reactors, batch reactors, and 
formulation/blending.
    Several other reasons support the development of a single set of 
emission standards for a group of organic chemical processes. Data 
gathered indicate that many of the organic chemical processes that EPA 
is proposing to regulate by this set of standards are co-located within 
individual facilities. Facilities with co-located organic chemical 
processes could more easily comply with a single set of emission 
standards than with individual standards for each of the co-located 
processes. For instance, a facility with co-located sources would have 
to implement only one leak detection and repair program, and would have 
to maintain only one set of records and submit one set of reports to 
document compliance if there is a single set of standards.
    Another justification for developing a single set of emission 
standards to regulate production of a variety of organic chemicals is 
that it would be less costly for EPA to develop a single standard than 
to develop separate standards for several individually listed source 
categories which have similar emission characteristics and applicable 
control technologies. Moreover, a single set of emission standards 
could cover production of future (i.e., not yet produced) organic 
chemicals. It is likely that such chemicals will be produced via batch 
reactions or continuous reactions or formulation/blending operations 
and, therefore, could be regulated by the miscellaneous organic 
chemical process NESHAP (MON) envisioned by EPA. Development of the MON 
would avoid the costs associated with having to develop emission 
standards for categories of organic chemicals that would otherwise be 
listed as major sources of HAP after November 15, 1998.
    In order to develop a single set of standards for a group of 
miscellaneous organic chemical processes, EPA will take advantage of 
its experience from previous actions that addressed groups of chemical 
processes in a single rulemaking. The EPA plans to use the products of 
past rulemakings and guidance documents, such as the HON, polymers and 
resins rules, and the Alternative Control Techniques Document-Batch 
Processes, as building blocks for developing the proposed set of 
standards. A single set of standards for miscellaneous organic chemical 
processes will ensure that process equipment with comparable HAP 
emissions and control technologies are subject to consistent emission 
control requirements.

III. Administrative Requirements

A. Docket

    The docket for revisions to the list of source categories is A-90-
49. This docket is an organized and complete file of all the 
information submitted to or otherwise considered by the Agency in the 
development of the revised list of categories of sources and the 
revised schedule for standards. A docket containing the information 
supporting development of the single set of emission standards 
discussed in this notice has not yet been established. Existing and 
future dockets associated with the actions discussed in this notice 
are, or will be available for public inspection at EPA's Air and 
Radiation Docket and Information Center, which is listed in the 
ADDRESSES section of this notice.

B. Regulatory Requirements

    Today's notice is only a notice of the information available to the 
Agency for purposes of standard development. Today's notice is also a 
solicitation of information and participation from interested parties. 
The notice imposes no regulatory requirements or costs. Therefore, EPA 
has prepared neither an assessment of the potential costs and benefits 
pursuant to Executive Order 12866, an economic impact analysis pursuant 
to Section 317, a regulatory

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flexibility analysis pursuant to the Regulatory Flexibility Act (Pub. 
L. 96-354, September 19, 1980), nor a budgetary impact statement 
pursuant to the Unfunded Mandates Act of 1995. Also, this notice does 
not contain any information collection requirements and, therefore, is 
not subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

    Dated: October 31, 1996.
Richard Wilson,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 96-28657 Filed 11-06-96; 8:45 am]
BILLING CODE 6560-50-P