[Federal Register Volume 62, Number 109 (Friday, June 6, 1997)]
[Rules and Regulations]
[Pages 30993-30995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14860]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5836-6]
RIN 2060-AE37


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; extension of compliance.

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

SUMMARY: This action provides 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 providing this 
temporary extension only as necessary to complete reconsideration and 
any necessary revision to the rule. The EPA is providing this temporary 
extension pursuant to Clean Air Act section 301(a)(1).

DATES: The direct final rule will be effective July 27, 1997. However, 
if significant adverse comments on any portion of the direct final rule 
are received by July 7, 1997 then the EPA will publish a timely 
withdrawal of the direct final rule, 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. 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.
    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 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:

------------------------------------------------------------------------
              Category                  Examples of regulated entities  
------------------------------------------------------------------------
Industry............................  Facilities that produce PET.      
------------------------------------------------------------------------


[[Page 30994]]

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities regulated by the NESHAP addressed 
in this direct final rule. If you have questions regarding the 
applicability of the NESHAP addressed in 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 and Rationale
II. Authority for Temporary Extension of the Compliance Date and 
Reconsideration
III. Impacts
IV. Administrative Requirements

I. Background and Rationale

    On September 12, 1996, the EPA promulgated 40 CFR part 63, subpart 
JJJ--Group IV Polymers and Resins NESHAP (61 FR 48208). 40 CFR 63.1331 
establishes standards for equipment leaks based on the equipment leaks 
provisions from the Hazardous Organic NESHAP, 40 CFR part 63, subpart 
H. The final rule required existing sources to comply with 40 CFR 
63.1331 beginning March 12, 1997 (see 40 CFR 63.1311(d)). On January 
14, 1997, EPA extended the compliance date for 40 CFR 63.1331 from 
March 12, 1997 to July 31, 1997.
    A petition has been submitted to the EPA by two PET manufacturers 
requesting reconsideration of the technical basis for estimates of 
emissions, emission reductions, and costs for equipment leaks emission 
control at PET affected sources. The petition summarizes new 
information claimed by the petitioners to ``confirm the petitioners' 
comments made during the public comment period questioning the validity 
of EPA's predictions of the costs and cost-effectiveness of the leak 
detection and repair program.'' This new information, which the EPA did 
not have prior to promulgation of the final rule, includes data related 
to emissions and costs and has led the EPA to accept the petitioner's 
request to reconsider the equipment leak provisions of the rule 
applicable to PET affected sources. A second petition was subsequently 
filed by a third PET manufacturer requesting the same relief. For these 
reasons, the EPA is providing a temporary extension of the compliance 
date associated with the provisions of 40 CFR 63.1331 that regulate 
equipment leaks for PET affected sources until such time as the EPA is 
able to fully evaluate the petition for reconsideration and take any 
curative regulatory action necessary. This temporary extension applies 
to affected sources in the following regulated subcategories: (1) PET 
using a batch dimethyl terephthalate process; (2) PET using a 
continuous dimethyl terephthalate process; (3) PET using a batch 
terephthalic acid process; and (4) PET using a continuous terephthalic 
acid process. It does not affect any other provisions of the rule or 
any other source categories or subcategories.
    By this action the EPA is providing, pursuant to Clean Air Act 
section 301(a)(1), a temporary extension of the compliance dates 
specified in 40 CFR 63.1311(b) and (d), only as necessary to complete 
reconsideration and potential revision of the rule. The EPA intends to 
complete its reconsideration of the rule and, following the notice and 
comment procedures of Clean Air Act section 307(d), take appropriate 
action as expeditiously as practical. The EPA does not believe this 
temporary extension will, as a practical matter, impact the overall 
effectiveness of the rule. The EPA will seek to ensure that the 
affected parties are not unduly prejudiced by the EPA's 
reconsideration. The compliance date will only be extended until the 
effective date of the EPA's final action following reconsideration of 
the rule. In no event will the extension last beyond September 12, 1999 
which is the latest compliance date permitted by section 112 of the 
Clean Air Act (in the absence of a one year extension).

II. Authority for Temporary Extension of the Compliance Date and 
Reconsideration

    The temporary extension of the compliance dates specified in 40 CFR 
63.1311 (b) and (d) for PET affected sources is being undertaken 
pursuant to Clean Air Act section 301(a)(1). Reconsideration is being 
undertaken pursuant to Clean Air Act section 307(d)(7)(B). 
Reconsideration is appropriate if the grounds for an objection arose 
after the period for public comment and if the objection is of central 
relevance to the outcome of the rule.
    The grounds for reconsideration of this rule arose after the public 
comment period. The emissions and cost data which serve as the basis 
for the summary of data provided by the petitioners became available 
after the close of the comment period on the rule. Therefore, the EPA 
is temporarily extending the compliance date specified in 40 CFR 
63.1311 (b) and (d) for PET affected sources in order to allow time to 
reconsider the provisions of 40 CFR 63.1331 as these provisions pertain 
to PET affected sources.

III. Impacts

    The extension on the compliance date for equipment leaks at PET 
affected sources will not affect the eventual annual estimated 
emissions reduction or the control cost for the rule.

IV. Administrative Requirements

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 direct final rule will provide a temporary extension of the 
compliance dates specified in 40 CFR 63.1311 (b) and (d) for PET 
affected sources. The direct final rule does not add any additional 
control requirements.

[[Page 30995]]

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

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule. EPA has also 
determined that this rule will not have a significant impact on a 
substantial number of small entities because the temporary compliance 
extension would not impose any economic burden on any regulated 
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 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 Subtitle E of 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 Subtitle E.

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.

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

    2. Section 63.1311 is amended by revising paragraphs (b) and (d) 
introductory text and by adding paragraph (d)(6) to read as follows:


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

* * * * *
    (b) New affected sources that commence construction or 
reconstruction after March 29, 1995 shall be in compliance with this 
subpart upon initial start-up or September 12, 1996, whichever is 
later, as provided in Sec. 63.6(b), except that new affected sources 
whose primary product, as determined using the procedures specified in 
Sec. 63.1310(f), is PET shall be in compliance with Sec. 63.1331 upon 
initial start-up or September 12, 1999, whichever is later.
* * * * *
    (d) Except as provided for in paragraphs (d)(1) through (d)(6) of 
this section, existing affected sources shall be in compliance with 
Sec. 63.1331 no later than July 31, 1997 unless a request for a 
compliance extension is granted pursuant to Section 112(i)(3)(B) of the 
Act, as discussed in Sec. 63.182(a)(6).
* * * * *
    (6) Notwithstanding paragraphs (d)(1) through (d)(4) of this 
section, existing affected sources whose primary product, as determined 
using the procedures specified in Sec. 63.1310(f), is PET shall be in 
compliance with Sec. 63.1331 no later than September 12, 1999.
* * * * *
[FR Doc. 97-14860 Filed 6-5-97; 8:45 am]
BILLING CODE 6560-50-P