[Federal Register Volume 62, Number 9 (Tuesday, January 14, 1997)]
[Proposed Rules]
[Pages 1869-1871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-987]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-5677-2]
RIN 2060-AD-56 and RIN 2060-AE-37


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On September 5, 1996, the EPA promulgated 40 CFR part 63, 
Subpart U--National Emission Standards for Hazardous Air Pollutants 
(NESHAP) for Group I Polymers and Resins (61 FR 46906), and on 
September 12, 1996, the EPA promulgated 40 CFR part 63, Subpart JJJ--
Group IV Polymers and Resins NESHAP (61 FR 48208). This action proposes 
to correct an error in the final Group I Polymers and Resins NESHAP, by 
extending the compliance date for heat exchange systems. In addition, 
this action proposes to extend the initial compliance date for 
equipment leaks for both the Group I and Group IV Polymers and Resins 
NESHAP, to allow time necessary for affected sources to respond to 
amendments to the hazardous organic NESHAP (HON) equipment leak 
provisions promulgated on December 26, 1996, which are directly 
referenced in both subparts U and JJJ.
    Because these amendments are merely extending the compliance date 
for equipment leaks and heat exchange systems, the EPA does not 
anticipate receiving adverse comments. Consequently, the proposed 
revisions to the promulgated rule are also being issued as a direct 
final rule in the final rules section of this Federal Register. If no 
significant adverse comments are received by the due date for comments 
(see DATES section below), 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 February 13, 
1997, unless a hearing is requested by January 24, 1997. If a hearing 
is requested, written comments must be received by February 28, 1997.
    Public Hearing. Anyone requesting a public hearing must contact the 
EPA no later than January 24, 1997. If a hearing is held, it will take 
place on January 29, 1997, 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),

[[Page 1870]]

Attention Docket Numbers A-92-44 and A-92-45 (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. Comments may also 
be submitted electronically by sending electronic mail (e-mail) to: a-
[email protected].
    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 Ms. Marguerite Thweatt, U.S. 
Environmental Protection Agency, Research Triangle Park, N.C. 27711, 
telephone (919) 541-5607.
    Docket. Docket Nos. A-92-44 and A-92-45, 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: Mr. Robert Rosensteel, 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) 541-5608.

SUPPLEMENTARY INFORMATION: The Group I Polymers and Resins NESHAP 
directly reference the heat exchange system provisions (Sec. 63.104) of 
the HON. The EPA intended the subpart U compliance schedule to mirror 
the compliance schedule in the HON. However, subpart U inadvertently 
only allows six months for compliance with the heat exchange system 
provisions (March 5, 1997), while the HON allows three years from its 
effective date. Therefore, this action proposes to change the subpart U 
compliance date for heat exchange systems to September 5, 1999, to 
correct the inadvertent error in the final rule.
    In addition, both subparts U and JJJ directly reference the 
equipment leak provisions of the HON (40 CFR 63, subpart H). Both 
subparts require that affected sources comply with the equipment leak 
provisions by 6 months after promulgation--March 5, 1997 for subpart U 
and March 12, 1997 for subpart JJJ. However, in accordance with a 
settlement agreement, the EPA promulgated a final rule amending the HON 
on December 26, 1996. The final amendments to the HON include revisions 
to the HON equipment leak provisions, which are also applicable, by 
direct reference, to sources subject to subparts U and JJJ.
    This document is available in Docket Nos. A-92-44 and A-92-45 or by 
request from the EPA's Air and Radiation Docket and Information Center 
(see ADDRESSES), and is available for downloading from the Technology 
Transfer Network (TTN), the EPA's electronic bulletin board system. The 
TTN provides information and technology exchange in various areas of 
emissions control. The service is free, except for the cost of a 
telephone call. Dial (919) 541-5742 for up to a 14,000 baud per second 
modem. For further information, contact the TTN HELP line at (919) 541-
5348, from 1:00 p.m. to 5:00 p.m., Monday through Friday, or access the 
TTN web site at: http://ttnwww.rtpnc.epa.gov.

Regulated entities

    Regulated categories and entities include:

Category............................  Examples of regulated entities.   
Industry............................  Elastomers and Thermoplastics.    
                                                                        

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by the 
proposed amendments discussed in this notice. If you have questions 
regarding the applicability of these proposed amendments 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.

Administrative

A. Paperwork Reduction Act

    For both the Group I and Group IV Polymers and Resins NESHAP, the 
information collection requirements were submitted to the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act, [44 
U.S.C. 3501 et seq.]. The OMB approved the information collection 
requirements for the Group IV Polymers and Resins NESHAP and assigned 
those standards the OMB control number 2060-0351. An Agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number. The OMB control numbers for the EPA's regulations are 
listed in 40 CFR Part 9 and 48 CFR Chapter 15. The EPA has amended 40 
CFR Part 9, Section 9.1, to indicate the information collection 
requirements contained in the Group IV Polymers and Resins NESHAP.
    An Information Collection Request (ICR) document for the Group I 
Polymers and Resins I NESHAP was prepared by the EPA (ICR No. 1746.01) 
but has not yet been approved by the OMB. A copy may be obtained from 
Sandy Farmer, OPPE Regulatory Information Division (2137), U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, D.C. 
20460, or by calling (202) 260-2740.

    The amendments to the NESHAP contained in the direct final rule 
should have no impact on the information collection burden estimates 
made previously. Therefore, the ICRs have 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.
    Pursuant to the terms of the Executive Order, the OMB notified the 
EPA that it considered both the Group I Polymers and Resins NESHAP and 
the Group IV

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Polymers and Resins NESHAP ``significant regulatory actions'' within 
the meaning of the Executive Order. The EPA submitted those actions to 
the OMB for review. Changes made in response to suggestions or 
recommendations from the OMB were documented and included in the public 
record.
    These proposed amendments to those NESHAP provide affected sources 
more time in which to comply with the equipment leaks provisions of 
those rules. These proposed revisions do not add any additional control 
requirements. Therefore, these amendments were classified ``non-
significant'' under Executive Order 12866 and were not required to be 
reviewed by OMB.

C. Regulatory Flexibility

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this proposed rule. 
The EPA has also determined that this proposed rule will not have a 
significant economic impact on a substantial number of small entities. 
See the September 5, 1996 Federal Register (61 FR 46906) and the 
September 12, 1996 Federal Register (61 FR 48208) for the basis for 
this determination. The compliance date changes to the two rules do not 
impose any economic burden for any regulated entity.

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 these proposed amendments do 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.

E. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. Sec. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, the EPA submitted a report 
containing this proposed rule and other required information to the 
U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the General Accounting Office prior to publication of this 
proposed rule in the Federal Register. This is not a ``major rule'' as 
defined by 5 U.S.C. Sec. 804(2).

List of Subjects in 40 CFR Part 63

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

    Dated: January 9, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 97-987 Filed 1-13-97; 8:45 am]
BILLING CODE 6560-50-P