[Federal Register Volume 61, Number 228 (Monday, November 25, 1996)]
[Proposed Rules]
[Pages 59849-59852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29659]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5653-4]
RIN 2060-AD-56
RIN 2060-AE-37


National Emission Standards for Hazardous Air Pollutant 
Emissions: Group I Polymers and Resins and Group IV Polymers and Resins

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking (ANPR).

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SUMMARY: The EPA intends to propose changes to the recently promulgated 
subpart U--National Emission Standards for Hazardous Air Pollutant 
Emissions: Group I Polymers and Resins; and subpart JJJ--National 
Emission Standards for Hazardous Air Pollutant Emissions: Group IV 
Polymers and Resins. The proposed changes to subparts U and JJJ will 
parallel proposed changes to the National Emission Standards for 
Hazardous Air Pollutant Emissions 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 (commonly known as the Hazardous 
Organics NESHAP or HON).
    Since HON regulations are directly referenced in subparts U and 
JJJ, the proposed changes to HON subparts F, G, and H will also apply 
to Group I and Group IV Polymers and Resins sources subject to subparts 
U and JJJ. In addition to direct cross-references, there are additional 
changes that the EPA plans to propose to subparts U and JJJ to provide 
consistency with the HON. The EPA also intends to extend the compliance 
date for heat exchange systems to September 5, 1999.

DATES: Comments. Comments on this ANPR must be received by the EPA on 
or before December 26, 1996.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to the Air and Radiation Docket and Information Center 
(6102), Attention: Docket No. A-92-44 (for Polymers and Resins I) and/
or A-92-45 (for Polymers and Resins IV), U. S. Environmental Protection 
Agency, 401 M Street SW., Washington, DC 20460. The dockets are located 
at the above address in room M-1500, Waterside Mall (ground floor), and 
may be inspected from 8 a.m. to 4 p.m., Monday through Friday; 
telephone number (202) 260-7548. A reasonable fee may be charged for 
copying docket materials.
    The EPA requests that a separate copy of the comments also be sent 
to the contact person listed in the FOR FURTHER INFORMATION CONTACT 
section below. Comments on this ANPR may also be submitted 
electronically by sending electronic mail (e-mail) to: a-and-r-
[email protected].

FOR FURTHER INFORMATION CONTACT: For information concerning this ANPR, 
contact Mr. Robert Rosensteel at (919) 541-5608, Organic Chemicals 
Group, Emission Standards Division (MD-13), U. S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:
    Regulated entities. Regulated categories and entities include:

------------------------------------------------------------------------
             Category                  Examples of regulated entities   
------------------------------------------------------------------------
Industry..........................  Producers of butyl rubber, halobutyl
                                     rubber, epichlorohydrin elastomers,
                                     ethylene propylene rubber,         
                                     HypalonTM, neoprene, nitrile       
                                     butadiene rubber, nitrile butadiene
                                     latex, polysulfide rubber,         
                                     polybutadiene rubber/styrene       
                                     butadiene rubber by solution,      
                                     styrene butadiene latex, and       
                                     styrene butadiene rubber by        
                                     emulsion.                          
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by 
regulation discussed in this ANPR. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Electronic Submission of Comments. Electronic comments must be 
submitted as an ASCII file, avoiding the use of special characters and 
any form of encryption. Comments will also be accepted on diskette in 
WordPerfect 5.1 or ASCII file format. All comments in electronic form 
must be identified by the docket number A-92-44 or A-92-45. No 
Confidential Business Information (CBI) should be submitted through e-
mail. Electronic comments may be filed online at many Federal 
Depository Libraries.

I. Background

    The HON was promulgated on April 22, 1994 (59 FR 19402) as subparts 
F, G, H, and I of 40 CFR part 63. The HON regulates emissions of 
certain organic hazardous air pollutants (HAP) from synthetic organic 
chemical manufacturing industry (SOCMI) production processes. Due to 
the

[[Page 59850]]

similarities in HAP emissions and emission controls at SOCMI facilities 
and at elastomer and thermoplastic production facilities, the HON 
provisions were used in the development of regulations for elastomer 
and thermoplastic production facilities (40 CFR part 63, subparts U and 
JJJ).
    On March 29, 1995 (60 FR 16090), the EPA proposed standards for 
seven source categories collectively referred to as Group IV polymers 
and resins source categories. These source categories, which produce 
products generally called ``thermoplastics,'' are (1) Acrylonitrile 
Butadiene Styrene Resin, (2) Styrene Acrylonitrile Resin, (3) Methyl 
Methacrylate Acrylonitrile Butadiene Styrene Resin, (4) Methyl 
Methacrylate Butadiene Styrene Terpolymers, (5) Polystyrene Resin, (6) 
Polyol (Ethylene Terephthalate) Resin, and (7) Nitrile Resin. These 
standards, which are contained in subpart JJJ of 40 CFR part 63, were 
promulgated on September 12, 1996 (61 FR 48207).
    On June 12, 1995 (60 FR 30801), the EPA proposed standards for nine 
source categories collectively referred to as Group I polymers and 
resins source categories. These source categories, which produce 
products generally called ``elastomers,'' are (1) Butyl Rubber 
Production, (2) Epichlorohydrin Elastomers Production, (3) Ethylene-
Propylene Rubber Production, (4) HypalonTM Production, (5) 
Neoprene Production, (6) Nitrile Butadiene Rubber Production, (7) 
Polybutadiene Rubber Production, (8) Polysulfide Rubber Production, and 
(9) Styrene-Butadiene Rubber and Latex Production. These standards, 
which are contained in subpart U of 40 CFR part 63, were promulgated on 
September 5, 1996 (61 FR 46905).
    On August 26, 1996 (61 FR 43698), in conformance with a settlement 
agreement reached with the Chemical Manufacturers Association (CMA) and 
the Dow Chemical Company, the EPA proposed revisions to the HON rule. 
Some of these proposed amendments are in sections which are referenced 
in subparts U and JJJ. Therefore, these proposed changes would also 
affect subparts U and JJJ, as discussed in the following sections of 
this ANPR. In addition, some of the HON proposal would add language to 
the rule, such as new definitions, and the EPA intends to propose the 
same changes to subparts U and JJJ where relevant.

II. Relationship of Subparts U and JJJ to the HON

    Subparts U and JJJ each regulate seven HAP emission sources types. 
For five emission source types (storage vessels, continuous process 
vents, equipment leaks, heat exchange systems, and wastewater), both 
subpart U and subpart JJJ directly reference the HON rule. In addition, 
several HON definitions are referenced, as are the storage vessel and 
wastewater emission estimation equations used for emissions averaging.
    Table 1 shows the specific sections of subparts F, G, and H 
referenced in subparts U and JJJ. Since subparts U and JJJ directly 
reference the HON provisions in these instances, any changes to the 
referenced HON sections will also affect subparts U and JJJ.
    In addition to the direct reference to HON sections, some portions 
of subparts U and JJJ are modeled after the HON requirements. 
Specifically, the applicability and emissions averaging provisions, and 
the testing, monitoring, reporting, and recordkeeping requirements in 
subparts U and JJJ are based on the analogous HON provisions. Some 
changes were made to these provisions after proposal to make them 
unique to subparts U and JJJ; however, they continue to follow the HON 
approach. In these instances, the proposed changes to subparts F, G, 
and H will not directly impact subparts U and JJJ.

    Table 1.--Sections of Subparts F, G, and H Directly Referenced in   
                           Subparts U and JJJ                           
------------------------------------------------------------------------
                                Description of                          
  HON section referenced in       referenced              Comment       
     subparts U and JJJ           provisions                            
------------------------------------------------------------------------
Subpart F:                                                              
    63.101..................  Definitions.......  Several definitions   
                                                   from 63.101 are      
                                                   incorporated by      
                                                   reference into       
                                                   subparts U and JJJ.  
    63.104..................  Heat exchange       Directly referenced in
                               system              subpart U in Sec.    
                               requirements.       63.502. Directly     
                                                   referenced in subpart
                                                   JJJ with minor       
                                                   deviations noted in  
                                                   Sec.  63.1328.       
Subpart G:                                                              
    63.111..................  Definitions.......  Several definitions   
                                                   from 63.111 are      
                                                   incorporated by      
                                                   reference into       
                                                   subparts U and JJJ.  
    63.113-63.118...........  Continuous process  Minor deviations from 
                               vent provisions.    the subpart G        
                                                   language are noted in
                                                   subparts U and JJJ.  
    63.119-63.123...........  Storage vessel      Minor deviations from 
                               provisions.         the subpart G        
                                                   language are noted in
                                                   subparts U and JJJ.  
    63.131-63.147...........  Wastewater          Minor deviations from 
                               provisions.         the subpart G        
                                                   language are noted in
                                                   subparts U and JJJ.  
    63.148..................  Leak inspection     Minor deviations from 
                               provisions.         the subpart G        
                                                   language are noted in
                                                   subparts U and JJJ.  
    63.150(g)(3)............  Procedures for                            
                               determining                              
                               emission debits                          
                               from storage                             
                               vessels.                                 
    63.150(g)(5)............  Procedures for                            
                               determining                              
                               emission debits                          
                               from wastewater.                         
    63.150(h)(3)............  Procedures for                            
                               determining                              
                               emissions credits                        
                               from storage                             
                               vessels.                                 
    63.150(h)(5)............  Procedures for                            
                               determining                              
                               emissions credits                        
                               from wastewater.                         
Subpart H                                                               
    63.160-63.193...........  Equipment leak      Subparts U and JJJ    
                               provisions.         affected sources must
                                                   comply with all      
                                                   requirements of      
                                                   subpart H.           
------------------------------------------------------------------------


[[Page 59851]]

    However, the EPA intends to propose changes to many of these 
provisions, following a similar rationale to that used in developing 
the proposed HON changes.

III. Summary of Proposed Changes to Subparts F, G, and H

    The proposed revisions to the HON consisted of amendments to 
subparts F, G, H, and I of 40 CFR part 63. The proposed revisions to 
the HON are intended to remove any ambiguity, to clearly convey the 
EPA's intent, to make the rule easier to read and implement, and to 
increase flexibility.
    The wastewater sections of the rule were redrafted to improve 
organizational structure and clarity. The revised definition of 
``wastewater'' incorporates the concept that only water that is 
discarded from a process is subject to the HON wastewater provisions. 
Additional changes were also proposed to the HON wastewater provisions 
to (1) ensure that streams traveling from one piece of process 
equipment to another would be handled appropriately to avoid emissions 
to the environment, and (2) ensure that the changes in the wastewater 
definitions would not permit sources to dilute their waste streams 
prior to the point at which the streams are determined to be wastewater 
(thus avoiding control requirements). The proposed revisions also 
include provisions that would allow the owner or operator of a HON 
affected source who wished to ship waste off-site for treatment to ship 
to a facility that has certified that it will treat the waste to the 
standard required by the HON.
    In the proposed amendments to the HON, the EPA proposed new 
requirements for monitoring heat exchange systems for leaks of process 
fluids into cooling water. These revisions were proposed in order to 
address issues related to the availability of monitoring methods with 
sufficient analytical sensitivity, lack of flexibility in some of the 
requirements, and the burden associated with the monitoring 
requirements.
    In contrast to the significant redrafting of the requirements for 
wastewater and heat exchange systems, minor changes were also proposed 
for other sections of the HON. In addition to removing ambiguity and 
increasing flexibility (e.g., through more flexible monitoring method 
requirements and sampling location requirements), some revisions would 
reduce the reporting and recordkeeping burden for sources. The 
reporting and recordkeeping revisions would include changes which 
reduce the number of copies of reports that must be submitted to the 
EPA and the States; provide for alternative, less frequent 
recordkeeping of monitoring data where sources show no violations for 
prolonged stretches of time; and remove the requirement for most 
sources to file an Implementation Plan. The preamble to the proposed 
HON changes (61 FR 43698) provides a more in-depth explanation of the 
rationale behind these changes.

IV. Summary of Planned EPA Action

    The proposed changes to the continuous process vent, storage 
vessel, wastewater, heat exchange system, and equipment leak 
requirements in the HON apply to subpart U and JJJ sources, due to the 
fact that subparts U and JJJ directly reference these requirements. The 
EPA intends to propose minor editorial and cross-referencing changes to 
these sections in subparts U and JJJ in order to parallel the revisions 
to the HON sections, and to seek public comment on such changes. In 
addition, the EPA plans to revise the compliance date in subpart U for 
heat exchange systems to be September 5, 1999 (three years after 
initial promulgation of subpart U).
    The EPA is also planning to incorporate many of the continuous 
process vent revisions from the HON proposal into the batch process 
vent provisions in subparts U and JJJ, in order to take advantage of 
the increased clarity and flexibility that are represented in the 
proposed HON changes. Finally, the EPA is planning to incorporate the 
changes to the HON applicability, testing, reporting, and recordkeeping 
sections, which also provide increased clarity and flexibility, into 
the comparable sections in subparts U and JJJ.

V. Request for Comments

    In this ANPR, the EPA is requesting comments on the proposed 
revisions to subparts F, G, and H, as they pertain to subparts U and 
JJJ. Specifically, the EPA is interested in receiving comments on 
whether the proposed changes to the HON are appropriate for the polymer 
and resin production facilities subject to subparts U and JJJ and, if 
these changes are not appropriate for these rules, recommendations for 
alternative approaches.
    As mentioned earlier, some provisions in subparts U and JJJ were 
based on the HON provisions, even though the final rules do not 
directly reference these particular provisions in the HON. One example 
of this occurs in the testing, monitoring, recordkeeping, and reporting 
requirements for batch process vents. These provisions were modeled 
after the HON provisions for continuous process vents, but these 
sections of the rules do not reference any section of the HON. The EPA 
requests comment on whether any of the changes made to the HON process 
vent testing, monitoring, reporting, and recordkeeping provisions are 
appropriate for the subpart U and JJJ batch process vent provisions. If 
commenters believe that some proposed changes made to the HON are 
needed for subparts U and JJJ, the EPA requests that the commenters 
identify the HON change, explain the reasons the same (or a similar) 
change is needed in subpart U and/or JJJ, and explain the section of 
subpart U or JJJ where they believe the change is necessary.

VI. Administrative Requirements

A. Docket

    The dockets for the Polymers and Resins I and Polymers and Resins 
IV rules are A-92-44 and A-92-45, respectively. The dockets for the HON 
are A-90-19 through A-90-23. These dockets are complete, organized 
files of all the information submitted to, or otherwise considered by, 
the Agency in the development of these rules. These dockets are 
available for public inspection at the EPA's Air and Radiation Docket 
and Information Center, which is listed in the ADDRESSES section of 
this notice.

B. Regulatory Requirements

    This notice is not a rule, but an Advanced Notice of the Agency's 
preliminary intentions as it begins to work on revisions to subparts U 
and JJJ. The notice imposes no regulatory requirements or costs. 
Therefore, the EPA has not prepared an assessment of the potential 
costs and benefits pursuant to Executive Order 12866, an economic 
impact analysis pursuant to Section 317, a regulatory flexibility 
analysis pursuant to the Regulatory Flexibility Act (Pub. L. 96-354, 
September 19, 1980), or 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.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances.


[[Page 59852]]


    Dated: November 8, 1996.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
[FR Doc. 96-29659 Filed 11-22-96; 8:45 am]
BILLING CODE 6560-50-P