[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]
[[Page 1835]]
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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
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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]
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