[Federal Register Volume 62, Number 91 (Monday, May 12, 1997)]
[Proposed Rules]
[Pages 25877-25879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12376]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5824-5]


National Emission Standards for Hazardous Air Pollutants: Source 
Category List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking (ANPR).

-----------------------------------------------------------------------

SUMMARY: The Clean Air Act (Act) requires the EPA to list (for 
regulation under section 112 of the Act) all categories of major 
sources of hazardous air pollutants (HAP's), and categories of area 
sources if they present a threat of adverse effects to human health or 
the environment. The EPA has listed many sources categories, but has 
yet to list or regulate research and development (R&D) facilities. 
Today's notice provides advance notice that the EPA intends to list 
R&D, and solicits comments and information on the best way to list and 
regulate such sources.

DATES: Comments. Comments must be received on or before June 11, 1997.

ADDRESSES: Comments. Comments should be submitted (in duplicate) to: 
Air and Radiation Docket and Information Center (6102), Attention: 
Docket No. A-97-11, U.S.

[[Page 25878]]

Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460.
    Docket. Docket No. A-97-11 is available for public inspection and 
copying from 8:00 a.m. to 5:30 p.m. Monday through Friday, at the EPA's 
Air and Radiation Docket and Information Center, Waterside Mall, Room 
M-1500, Ground Floor, 401 M Street SW, Washington, DC 20460. A 
reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning this ANPR, 
contact Mr. Mark Morris at (919) 541-5416, Organic Chemicals Group, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: The Clean Air Act (Act) requires that EPA 
evaluate and control emissions of hazardous air pollutants (HAP's). The 
control of HAP's is achieved through promulgation of emission standards 
under section 112 of the Act for sources that emit HAP's. The Act 
requires the EPA to publish a list of all categories and subcategories 
of sources of HAP's. This list is required to be revised (no less often 
than every 8 years), if appropriate, in response to public comment or 
new information. The EPA published an initial list of source categories 
on July 16, 1992. The list was last revised on June 14, 1996 
(correction notice on July 18, 1996).
    Section 112(c)(7) of the Act requires the EPA to ``establish a 
separate category covering research or laboratory facilities, as 
necessary to assure the equitable treatment of such facilities.'' Such 
language was included in the Act because Congress was concerned that 
research and laboratory facilities should not arbitrarily be included 
in regulations that cover manufacturing operations. The Act defines 
research or laboratory facility as ``any stationary source whose 
primary purpose is to conduct research and development into new 
processes and products, where such source is operated under the close 
supervision of technically trained personnel and is not engaged in the 
manufacture of products for commercial sale in commerce, except in a de 
minimis manner.''
    The EPA has interpreted the Act as requiring the listing of R&D 
major sources. It is clear from section 112(c)(7) of the Act that 
Congress intended for R&D to receive special treatment. The EPA has 
interpreted this section of the Act as requiring the creation of a 
separate category for R&D (as necessary to ensure equitable treatment 
of such facilities); the EPA does not believe this section of the Act 
provides the Agency with discretion regarding whether to list R&D major 
sources. The EPA welcomes other interpretations (with legal basis) 
regarding the discretion of the EPA in listing R&D major sources.
    Research and development (R&D) is performed at many sources which 
are already included in listed source categories. For example, R&D is 
performed in the synthetic organic chemical manufacturing industry 
(SOCMI), an industry which is addressed by the Hazardous Organic NESHAP 
(HON). The HON does not apply to R&D operations, regardless of whether 
they are located on the same site as a commercial chemical 
manufacturing process. In the preamble to the proposed HON rule, the 
EPA stated it had limited information on the operations of R&D 
facilities and the appropriate controls for them. The EPA stated it was 
uncertain how to structure a standard for R&D facilities, and concluded 
it would be appropriate to establish a separate source category 
covering R&D facilities to ensure equitable treatment of them. For 
reasons similar to those given in the HON, R&D has been exempted from 
other NESHAP's.
    The EPA is now considering adding major R&D sources to the source 
category list. The term ``major source'' is defined as any stationary 
source or group of stationary sources located within a contiguous area 
and under common control that emits or has the potential to emit 
(considering controls), in the aggregate, 10 tons per year or more of 
any HAP or 25 tons per year of any combination of HAP's. Sources that 
emit HAP's in amounts smaller than those of a major source are called 
area sources.
    Language in the Act specifying special treatment of R&D facilities 
(section 112(c)(7)), along with language in the legislative history of 
the Act, suggests that Congress considered inequitable subjecting the 
R&D facilities of an industry to a standard designed for the commercial 
production processes of that industry. The application of such a 
standard may be inappropriate because the wide range of R&D operations 
and sizes, and the frequent changes in R&D operations, may be 
significantly different from the typically large and continuous 
production processes.
    The Act requires the EPA to list all categories of major sources of 
HAP's, and categories of area sources if they present a threat of 
adverse effects to human health or the environment. The EPA has no 
information indicating there are major or area R&D sources that are 
required to be listed and regulated, other than those associated with 
sources already included in listed source categories. Although the EPA 
is not aware of other R&D sources that need to be added to the source 
category list, such sources may exist, and the EPA is seeking 
information about them. For example, what Federal, State, or private 
research facilities, hospitals, universities, military facilities, etc. 
require listing?
    Since R&D is performed in many different industries, the EPA is 
considering various ways of listing and addressing R&D. R&D major 
sources could be listed as one category covering all R&D operations in 
all industries. However, it may be difficult in this case to develop 
standards general enough for the variety of sources, and to ensure the 
standards are consistent with the minimum control requirements 
(``floors'') required by the Act. R&D could also be listed as several 
(or many) different source categories to account for the significant 
differences between sources. The source categories already listed could 
provide a guide for listing the R&D sources of the associated 
industries, that is, for each listed source category, a corresponding 
source category for R&D operations could be listed.
    The EPA is seeking comments on the advantages and disadvantages of 
the different ways to list R&D facilities described above, as well as 
any other options for listing. The EPA is also seeking information on 
R&D sources so it can assess the most reasonable and practical way to 
list and regulate R&D. Such information includes descriptions of R&D 
processes, magnitude of HAP emissions and methods of HAP emission 
estimation, emission controls and their costs, and any existing State 
or local regulations that may apply to R&D facilities. The EPA also 
invites any trade groups associated with R&D operations to provide 
information and participate in the process of listing and regulating 
R&D.

Electronic Submission of Comments

    Comments may be submitted electronically by sending electronic mail 
(e-mail) to: [email protected]. 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-97-11. No Confidential 
Business Information (CBI) should be submitted through e-mail. 
Electronic comments

[[Page 25879]]

may be filed online at many Federal Depository Libraries.

Administrative Requirements

    Because today's notice is not a rule or a proposed rule, the EPA 
has not prepared an economic impact analysis pursuant to section 317 of 
the Act, a regulatory flexibility analysis pursuant to the Regulatory 
Flexibility Act, or a written statement under section 202 of 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.
    Under Executive Order 12866 [58 FR 5173 (October 4, 1993)], the EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in 
standards 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, or 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 entitlement, 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 has notified 
the EPA that it considers this a ``significant regulatory action'' 
within the meaning of the Executive Order. The EPA submitted this 
action to the OMB for review. Changes made in response to suggestions 
or recommendations from the OMB were documented and included in the 
public record.

List of Subjects

    Air pollution control, Hazardous air pollutants, Research and 
development, Environmental protection.

    Dated: May 2, 1997.
Richard Wilson,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 97-12376 Filed 5-9-97; 8:45 am]
BILLING CODE 6560-50-P