[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