[Federal Register Volume 62, Number 9 (Tuesday, January 14, 1997)]
[Rules and Regulations]
[Pages 1835-1838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-988]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-5676-6]
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: Direct final rule.

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SUMMARY: On September 5, 1996, the EPA issued the National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for Group I Polymers 
and Resins (61 FR 46906), and on September 12, 1996, the EPA issued the 
Group IV Polymers and Resins NESHAP (61 FR 48208). This action corrects 
an error in the final Group I Polymers and Resins NESHAP, by extending 
the compliance date for heat exchange systems. In addition, this action 
extends the 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 the 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.

DATES: The direct final rule will be effective March 5, 1997. However, 
if significant adverse comments on any amendment to these rules are 
received by February 13, 1997, then the effective date of that 
amendment will be delayed, the EPA will publish a timely withdrawal of 
that amendment, and all public comments received will be addressed in a 
subsequent final rule. For additional information concerning comments, 
see the parallel proposal notice found in the Proposed Rules Section of 
this Federal Register.

ADDRESSES: Comments should be submitted (in duplicate, if possible) to: 
Air and Radiation Docket and Information Center (6102), Attention 
Docket Number A-92-44 (Group I Polymers and Resins) and/or Docket 
Number A-92-45 (Group IV Polymers and Resins), Room M-1500, U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, D.C. 
20460. Comments may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected].

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: This document is available in Docket No. A-
92-44 and Docket No. 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:

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                Category                 Examples of regulated  entities
------------------------------------------------------------------------
Industry...............................  Producers of elastomers and    
                                          thermoplastics.               
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by the 
amendments discussed in this direct final rule. If you have questions 
regarding the applicability of this direct final rule to a particular 
entity, consult the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.
    The information presented in this preamble is organized as follows:

I. Background
II. Summary of and Rationale for Proposed Revisions
III. Impacts
IV. Administrative
    A. Paperwork Reduction Act
    B. Executive Order 12866
    C. Regulatory Flexibility Act
    D. Unfunded Mandates
    E. Submission to Congress and the General Accounting Office

I. Background

    The HON, which was promulgated on April 22, 1994 (59 FR 19402), 
regulates emissions of certain organic hazardous air pollutants (HAP) 
from synthetic organic chemical manufacturing industry (SOCMI) 
production processes. On September 5, 1996 (61 FR 46906), and September 
12, 1996 (61 FR 48208), the EPA published the Group I Polymers and 
Resins NESHAP and the Group IV Polymers and Resins NESHAP, 
respectively. These regulations were promulgated as subparts U and JJJ 
in 40 CFR part 63. Due to the similarities in HAP emissions and 
emission controls at SOCMI facilities and elastomer (Group I Polymers 
and Resins) and thermoplastic (Group IV Polymers and Resins) production 
facilities, the HON provisions were used in the development of 
regulations for elastomer and thermoplastic production facilities. In 
fact, both the Polymers and Resins I and IV NESHAP directly reference 
sections of the HON. These sections include the HON equipment leak 
provisions (40 CFR 63, subpart H) and heat exchange provisions 
(Sec. 63.104).
    The HON equipment leak provisions are referenced in Sec. 63.502 of 
subpart U and Sec. 63.1331 of subpart JJJ. Since the HON heat exchange 
provisions require the monitoring of cooling water to detect leaks in 
heat exchange equipment, these provisions were also referenced in the 
equipment leaks section, Sec. 63.502, of subpart U. Subpart JJJ 
contains Sec. 63.1328, which specifically addresses heat exchange 
systems and references the HON (Sec. 63.104).
    The final rules require existing sources to comply with the 
equipment leaks provisions by March 5, 1997 for Group I Polymers and 
Resins, and by March 12, 1997 for Group IV Polymers and Resins. These 
dates represent six months from the promulgation of the final rules. 
Both regulations also allow longer periods (up to 3 years from the 
respective promulgation dates) for compliance with the surge control 
vessel, bottom receiver, and compressor provisions under certain 
circumstances.
    The final rule for Group I Polymers and Resins also requires the 
owner or operator to comply with the heat exchange system requirements 
by March 5, 1997. The Group IV Polymers and Resins rule requires 
compliance with the heat exchange system requirements by September 12, 
1999, which is three years from the promulgation date of subpart JJJ.
    The final HON rule provided that existing sources must be in 
compliance with the provisions of subparts F and G by April 22, 1997, 
which represents a date three years from the promulgation date. Subpart 
F contains the heat exchange system requirements referenced by subpart 
U, meaning that the HON allowed 3 years for SOCMI facilities to comply 
with these provisions. The HON contained a tiered compliance schedule 
for subpart H (equipment leaks), and the first group of sources were 
required to be in compliance by October 24, 1993 (six months after the 
promulgation date).
    On December 26, 1996, in conformance with a settlement

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agreement reached with the Chemical Manufacturers Association (CMA) and 
the Dow Chemical Company, the EPA promulgated amendments to the HON 
rule. This action promulgated significant changes to Sec. 63.104 (heat 
exchange systems) and some amendments to subpart H (equipment leaks), 
as well as substantial revisions to other provisions. For those HON 
provisions directly referenced in subparts U and JJJ, the promulgated 
amendments apply to affected Polymers and Resins I and IV sources.
    On November 25, 1996 the EPA published an Advanced Notice of 
Proposed Rulemaking (ANPR) (61 FR 59849) informing the public of the 
intent to propose amendments to the recently promulgated Group I 
Polymers and Resins NESHAP and Group IV Polymers and Resins NESHAP that 
are necessary due to the HON amendments. However, it is anticipated 
that proposal of these subpart U and JJJ amendments will occur in mid-
1997, which will be after the compliance dates for the equipment leaks 
provisions for both Polymers and Resins NESHAP and the heat exchange 
system provisions for the Polymers and Resins I NESHAP.

II. Summary of and Rationale for Proposed Revisions

A. Summary of Revisions

    The NESHAP for Group I Polymers and Resins provided that existing 
sources must be in compliance with the requirements of Sec. 63.502, 
which references the HON equipment leaks provisions and the HON heat 
exchange system provisions, no later than March 5, 1997, unless a 
compliance extension was granted. Similarly, the Group IV Polymers and 
Resins NESHAP provided that existing sources must be in compliance with 
the requirements of Sec. 63.1331, which references the HON equipment 
leak provisions, no later than March 12, 1997, unless a compliance 
extension was granted.
    This direct final rule changes the subpart U and subpart JJJ 
compliance date provisions in two significant respects. For Polymer and 
Resins I (subpart U), the compliance date for heat exchange systems is 
being extended from March 5, 1997, to September 5, 1999. This change is 
contained in Sec. 63.481(d)(6) of this direct final rule.
    In addition, this direct final rule extends the compliance date for 
Group I Polymers and Resins equipment leaks until July 31, 1997, and 
extends the compliance date for Group IV Polymers and Resins equipment 
leaks until July 31, 1997. These changes are included in Sec. 63.481(d) 
and in Sec. 63.1311(d) of this direct final rule.

B. Rationale

1. Heat Exchange Systems
    The EPA never intended that owners and operators of affected 
subpart U sources would have to be in compliance with the heat exchange 
system provisions by 6 months after promulgation of the rule. As 
discussed above, the equipment leak section of subpart U (Sec. 63.502) 
references both the HON equipment leaks section (subpart H) and the HON 
heat exchange system (Sec. 63.104) provisions. Section 63.481 of 
subpart U, specifies that affected existing sources must be in 
compliance with the provisions of Sec. 63.502 by March 5, 1997 (i.e., 6 
months after promulgation). This compliance date was selected to be 
consistent with the HON compliance date for the first tier of sources. 
However, this compliance date also applies to heat exchange systems, 
since Sec. 63.502(f) contains the reference to the HON heat exchange 
provisions. This was not intended by the EPA. The intention was to make 
the compliance date for heat exchange systems consistent with the HON 
(i.e., 3 years from the promulgation date). The EPA's intention is 
evident in the Polymers and Resins IV regulation (subpart JJJ). Section 
63.1311 of subpart JJJ requires compliance with the heat exchange 
system provisions of Sec. 63.1328 no later than September 12, 1999 (3 
years after the promulgation date for that rule). While this was also 
the EPA's intention in subpart U, the structure of subpart U caused the 
inadvertent establishment of a 6-month heat exchange system compliance 
date. In the HON and in subpart JJJ, the 3 year compliance deadline was 
selected because the EPA considered that amount of time to be necessary 
for owners and operators of affected sources to complete the planning, 
design, and engineering needed to develop the technology to comply with 
the requirements, as well as to perform the installation and start-up 
of new equipment. Therefore, the rationale for the revision to the heat 
exchange system compliance date in subpart U is that the compliance 
date in the promulgated rule was never intended to be March 5, 1997. 
Rather, the EPA meant to be consistent with the HON compliance date for 
the same provisions.
2. Equipment Leaks
    In this direct final rule, the EPA is extending the compliance date 
for equipment leaks (subparts U and JJJ) due to the fact that the 
amendments to the HON (on which the equipment leaks provisions are 
based) were promulgated on December 26, 1996. This may cause confusion 
for owners and operators of affected sources, regarding which HON 
equipment leak provisions (subpart H) they must be in compliance with 
by March 5 and March 12, 1997. For this reason, the EPA is extending 
the compliance date for equipment leaks until 6 months after the 
publication of the equipment leak provision amendments to subpart H. 
Since the subpart H amendments were signed by the Administrator on 
December 26, 1996 and will be published in January 1997, this rule 
extends the compliance dates in both Sec. 63.1311(d) of subpart JJJ and 
Sec. 63.481(d) of subpart U to July 31, 1997.
    Section 112(i)(3) of the Act provides that existing sources are to 
be in compliance with applicable emission standards ``as expeditiously 
as practicable, but in no event later than 3 years after the effective 
date of such standard.'' The September 5, 1996 and September 12, 1996 
final rules specified a compliance date applicable to equipment leaks 
that was six months from the issuance of those rules. This direct final 
rule extends those compliance dates to approximately 6 months after 
finalization of the amendments to the equipment leak provisions in 
subpart H. The EPA believes this compliance date is reasonable due to 
the fact that no changes to the equipment leak provisions in subparts U 
and JJJ are anticipated, except for the addition of a paragraph 
parallel to the proposed amendment to Sec. 63.100(e)(3) of subpart F, 
which provides greater flexibility by allowing specific items of 
equipment that are managed by different administrative organizations to 
be aggregated with any process unit within the affected source.
    The EPA believes that the revised compliance dates will provide 
sufficient time for all sources to come into compliance with the 
equipment leak provisions as amended in the HON on December 26, 1996. 
However, should any source be unable to meet that compliance date 
because of the need to install controls that cannot be installed by 
that date, such source may request an extension of up to one year in 
accordance with section 112(i)(3)(B) of the Act, as discussed in 
Sec. 63.182(a)(6) of subpart H.

III. Impacts

    The extension on the compliance dates for heat exchange systems at 
subpart U affected sources and for equipment leaks at either subpart U 
or

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subpart JJJ affected sources will not affect the estimated emissions 
reduction or the control cost for the rule.

IV. 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 this 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

    Under Executive Order (E.O.) 12866, the EPA must determine whether 
the regulatory action is ``significant'' and therefore, subject to 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 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 amendments to those NESHAP provide affected sources more time 
in which to comply with the equipment leaks provisions of those rules, 
and provide Group I Polymers and Resins more time in which to comply 
with the heat exchange systems provisions. The amendments contained in 
this direct final rule do not add any additional control requirements. 
Therefore, this direct final rule was classified ``non-significant'' 
under Executive Order 12866 and was not required to be reviewed by OMB.

C. Regulatory Flexibility Act

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this direct final 
rule. The EPA has also determined that this 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 this direct final rule 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.

E. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, the EPA submitted a report 
containing this 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 direct final 
rule in the Federal Register. This is not a ``major rule'' as defined 
by 5 U.S.C. 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.
    For the reasons set out in the preamble, part 63 of Chapter I of 
title 40 of the Code of Federal Regulations is amended as follows.

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart U--National Emission Standards for Hazardous Air Pollutant 
Emissions: Group I Polymers and Resins

    2. Section 63.481 is amended by revising paragraphs (d) 
introductory text, (d)(2) introductory text and (d)(2)(iv); and by 
adding paragraph (d)(6) to read as follows:


Sec. 63.481  Compliance schedule and relationship to existing 
applicable rules.

* * * * *
    (d) Except as provided for in paragraphs (d)(1) through (d)(6) of 
this section, existing affected sources shall be in compliance with 
Sec. 63.502 no later than July 31, 1997, unless an extension has been 
granted pursuant to section

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112(i)(3)(B) of the Act, as discussed in paragraph Sec. 63.182(a)(6) of 
subpart H.
* * * * *
    (2) Compliance with the compressor provisions of Sec. 63.164 of 
subpart H shall occur no later than March 5, 1998, for any compressor 
meeting all the criteria in paragraphs (d)(2)(i) through (d)(2)(iv) of 
this section.
* * * * *
    (iv) The owner or operator submits the request for a compliance 
extension to the U.S. Environmental Protection Agency (EPA) Regional 
Office at the addresses listed in Sec. 63.13 of subpart A no later than 
June 16, 1997. The request for a compliance extension shall contain the 
information specified in Sec. 63.6(i)(6)(i)(A), (B), and (D) of subpart 
A. Unless the EPA Regional Office objects to the request for a 
compliance extension within 30 calendar days after receipt of the 
request, the request shall be deemed approved.
* * * * *
    (6) Compliance with the heat exchange system provisions of 
Sec. 63.104 of subpart F, as required in Sec. 63.502(f), shall occur no 
later than September 5, 1999.
* * * * *

Subpart JJJ--National Emission Standards for Hazardous Air 
Pollutant Emissions: Group IV Polymers and Resins

    3. Section 63.1311 is amended by revising paragraphs (d) 
introductory text, (d)(2) introductory text, and (d)(2)(ii) to read as 
follows:


Sec. 63.1311  Compliance schedule and relationship to existing 
applicable rules.

* * * * *
    (d) Except as provided for in paragraphs (d)(1) through (d)(5) of 
this section, existing affected sources shall be in compliance with 
Sec. 63.1331 no later than July 31, 1997, unless an extension has been 
granted pursuant to section 112(i)(3)(B) of the Act, as discussed in 
Sec. 63.182(a)(6).
* * * * *
    (2) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than March 12, 1998, for any compressor meeting all the 
criteria in paragraphs (d)(2)(i) through (d)(2)(ii) of this section.
* * * * *
    (ii) The owner or operator submits the request for a compliance 
extension to the U.S. Environmental Protection Agency (EPA) Regional 
Office at the addresses listed in Sec. 63.13 no later than June 16, 
1997. The request for a compliance extension shall contain the 
information specified in Sec. 63.6(i)(6)(i) (A), (B), and (D). Unless 
the EPA Regional Office objects to the request for a compliance 
extension within 30 calendar days after receipt of the request, the 
request shall be deemed approved.
* * * * *
[FR Doc. 97-988 Filed 1-13-97; 8:45 am]
BILLING CODE 6560-50-P