[Federal Register Volume 62, Number 109 (Friday, June 6, 1997)]
[Proposed Rules]
[Pages 31038-31039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14859]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5836-5]
RIN 2060-AE37


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of compliance.

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SUMMARY: This action proposes a temporary extension of the compliance 
dates specified in 40 CFR 63.1311 (b) and (d) for poly(ethylene 
terephthalate) (PET) affected sources and announces the reconsideration 
of the equipment leak provisions contained in 40 CFR 63.1331 as these 
provisions pertain to PET affected sources. The EPA is proposing this 
temporary extension only as necessary to complete reconsideration and 
any necessary revision to the rule. The EPA is proposing this temporary 
extension pursuant to Clean Air Act section 301(a)(1).
    Because these amendments are merely extending the compliance date 
for equipment leaks, 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 July 7, 1997 
unless a hearing is requested by June 16, 1997. If a hearing is 
requested, written comments must be received by July 21, 1997.
    Public Hearing. Anyone requesting a public hearing must contact the 
EPA no later than June 16, 1997. If a hearing is held, it will take 
place on June 23, 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), 
Attention Docket Number 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 under FOR FURTHER INFORMATION 
CONTACT. Comments and data may also be submitted electronically by 
following the instructions provided in the SUPPLEMENTARY INFORMATION 
section. No Confidential Business Information (CBI) should be submitted 
through electronic mail.
    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, MD-13, Research Triangle Park, N.C. 
27711, telephone (919) 541-5607.
    Docket. The official record for this rulemaking has been 
established under docket number A-92-45 (including comments and data 
submitted electronically as described below). A public version of this 
record, including printed, paper versions of electronic comments and 
data, which does not include any information claimed as CBI, is 
available for inspection between 8 a.m. and 4 p.m., Monday through 
Friday, excluding legal holidays. The official rulemaking record is 
located at the address in the ADDRESSES section. Alternatively, a 
docket index, as well as individual items contained within the docket, 
may be obtained by calling (202) 260-7548 or (202) 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:

Electronic Filing

    Electronic comments and data can be sent directly to EPA at: a-and-
[email protected]. Electronic comments and data must be 
submitted as an ASCII file avoiding the use of special characters and 
any form of encryption. Comments and data will also be accepted on 
diskette in WordPerfect 5.1 file format or ASCII file format. All 
comments and data in electronic form must be identified by the docket 
number A-92-45. Electronic

[[Page 31039]]

comments may be filed online at many Federal Depository Libraries.
Electronic Availability
    This document is available in docket number 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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                                                Examples of regulated   
                 Category                             entities          
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Industry..................................  Facilities that produce PET.
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This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities regulated by the NESHAP addressed 
in this notice. If you have questions regarding the applicability of 
the NESHAP addressed in this notice to a particular entity, consult the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    If no significant, adverse comments are timely received, no further 
activity is contemplated in relation to this proposed rule and the 
direct final rule in the final rules section of this Federal Register 
will automatically go into effect on the date specified in that rule. 
If significant adverse comments are timely received, the direct final 
rule will be withdrawn and all public comment received will be 
addressed in a subsequent final rule. Because the EPA will not 
institute a second comment period on this proposed rule, any parties 
interested in commenting should do so during this comment period.
    For further supplemental information and the rule provisions, see 
the information provided in the direct final rule in the final rules 
section of this Federal Register.

Administrative

A. Paperwork Reduction Act

    For the 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. The OMB approved the 
information collection requirements and assigned 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.
    This action has no impact on the information collection burden 
estimates made previously. Therefore, the ICR has not been revised.

B. Executive Order 12866 Review

    Under Executive Order 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 Executive 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.
    The proposed rule will provide a temporary extension of the 
compliance dates specified in 40 CFR 63.1311(b) and (d) for PET 
affected sources. The proposed rule does not add any additional control 
requirements. Therefore, this proposed rule was classified ``non-
significant'' under Executive Order 12866 and was not required to be 
reviewed by OMB.

C. Regulatory Flexibility

    The Regulatory Flexibility Act generally requires an agency to 
conduct a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements unless the agency certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small not-for-profit enterprises, and small government jurisdictions. 
This proposal would not have a significant impact on a substantial 
number of small entities because the proposed temporary compliance 
extension would not impose any economic burden on any regulated 
entities. Therefore, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.

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 least 
costly, most cost-effective, or 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 proposed 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.

List of Subjects in 40 CFR Part 63

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

    Dated: May 30, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 97-14859 Filed 6-5-97; 8:45 am]
BILLING CODE 6560-50-P