[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Rules and Regulations]
[Pages 15312-15315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8212]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5988-5]
RIN 2060-AH47


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.

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SUMMARY: On September 12, 1996, the EPA published the Group IV Polymers 
and Resins NESHAP (61 FR 48208). This action temporarily extends the 
compliance date specified in 40 CFR 63.1311(c) for the provisions 
contained in 40 CFR 63.1329 for existing affected sources producing 
poly(ethylene terephthalate) (PET) using the continuous terephthalic 
acid (TPA) high viscosity multiple end finisher process because the EPA 
is in the process of responding to a request to reconsider relevant 
portions of the rule (Docket Item: A-92-45; VI-A-1). The EPA is 
providing this temporary extension to February 27, 2001 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 become effective May 20, 1998 without 
further notice unless the Agency receives relevant adverse comments on 
the parallel notice of proposed rulemaking by April 30, 1998. Should 
the Agency receive such comments, it will publish a document informing 
the public that this rule did not take effect. If relevant adverse 
comments are received on the proposal, they 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.

[[Page 15313]]

20460. The EPA requests that a separate copy also be sent to the 
contact person listed below. 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: [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: www.epa.gov/ttn/oarpg/rules.html.
    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 
                                             using the continuous TPA   
                                             high viscosity multiple end
                                             finisher process.          
------------------------------------------------------------------------

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 published 40 CFR part 63, subpart 
JJJ--Group IV Polymers and Resins NESHAP (61 FR 48208). The final rule 
established a new subcategory for PET manufacture specified as the 
continuous TPA high viscosity multiple end finisher subcategory. The 
final rule also established standards for process contact cooling 
towers (PCCT) contained in 40 CFR 63.1329 for existing affected sources 
in the new subcategory. The final rule required existing affected 
sources in the continuous TPA high viscosity multiple end finisher 
subcategory to comply with 40 CFR 63.1329 beginning September 12, 1999 
(see 40 CFR 63.1311(c)).
    A petition has been submitted to the EPA requesting reconsideration 
of the technical basis for establishment of the continuous TPA high 
viscosity multiple end finisher subcategory (Docket Item: A-92-45; VI-
A-1). The petition presents new information related to the production 
processes for the manufacture of PET that the petitioner claims calls 
into question the need and justification for a separate subcategory for 
the continuous TPA high viscosity multiple end finisher process. The 
information presented in the petition has led the EPA to accept the 
petitioner's request to reconsider the need for the continuous TPA high 
viscosity multiple end finisher subcategory. When compared to the other 
PET subcategories, there are two regulatory differences that pertain to 
affected sources in the continuous TPA high viscosity multiple end 
finisher subcategory; exemption from the equipment leaks provisions 
contained in 40 CFR 63.1331 and requirements to limit the concentration 
of ethylene glycol in PCCTs for existing affected sources under the 
provisions contained in 40 CFR 63.1329. Because affected sources in the 
continuous TPA high viscosity multiple end finisher subcategory are 
exempt from the equipment leaks provisions, no action is required by 
the EPA with regards to the equipment leaks provisions in response to 
the request to reconsider. However, as a result of the EPA's need to 
respond to the request to reconsider the need for the continuous TPA 
high viscosity multiple end finisher subcategory, existing affected 
sources in this subcategory cannot be certain of the final standards 
for PCCTs. If the EPA finds that the continuous TPA high viscosity 
multiple end finisher subcategory is not justified, existing affected 
sources in this subcategory will be subject to a PCCT performance 
standard that has yet to be determined. If the EPA finds that the 
continuous TPA high viscosity multiple end finisher subcategory is 
justified, existing affected sources in this subcategory will be 
subject to the current PCCT standard, but owners or operators will have 
lost considerable time in preparing for compliance.
    At this time, representatives of one existing affected source in 
the continuous TPA high viscosity multiple end finisher subcategory 
have informed the EPA in writing (Docket Item: A-92-45; VI-D-8) that 
they are on the verge of committing to capital expenditures to purchase 
equipment necessary to comply with the current PCCT standard. Because 
of the uncertainty of the final standards for PCCTs and the impending 
need to commit to capital expenditures, representatives of this 
existing affected source have requested temporary relief from the PCCT 
standard. For these reasons, the EPA is providing a temporary extension 
of the compliance date specified in 40 CFR 63.1311(c) from September 
12, 1999, until February 27, 2001, for the provisions contained in 40 
CFR 63.1329 for existing affected sources producing PET using the 
continuous TPA high viscosity multiple end finisher process to allow 
the EPA to fully evaluate the petition for reconsideration and take any 
curative regulatory action necessary. The new compliance date is 3 
years from the effective date of the rule. See 63 FR

[[Page 15314]]

9944 (February 27, 1998). Following completion of reconsideration, any 
subsequent curative rulemaking will also include consideration of the 
appropriate compliance date for any revised standard. This temporary 
extension applies only to existing affected sources producing PET using 
the continuous TPA high viscosity multiple end finisher 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 date 
specified in 40 CFR 63.1311(c) for the provisions contained in 40 CFR 
63.1329, 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.
    Following the EPA's reconsideration of the rule, the EPA will 
establish a new compliance date for the provisions contained in 40 CFR 
63.1329 that is most likely to be beyond the current compliance date of 
September 12, 1999. Such an extension beyond September 12, 1999 is 
likely to be necessary for the following reasons. As discussed earlier, 
if the EPA finds that the continuous TPA high viscosity multiple end 
finisher subcategory is not justified, existing affected sources in 
this subcategory will be subject to a PCCT performance standard that 
has yet to be determined. Development of any such standard will include 
evaluation of how much time will be needed for compliance. On the other 
hand, if the EPA finds that the continuous TPA high viscosity multiple 
end finisher subcategory is justified, existing affected sources in 
this subcategory will be subject to the current PCCT standard but will 
have lost considerable time in preparing for compliance by the 
September 12, 1999 compliance date. In such a case additional time 
beyond the September 12, 1999 compliance date may be required.

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

    The temporary extension of the compliance date specified in 40 CFR 
63.1311(c) for the provisions contained in 40 CFR 63.1329 for existing 
affected sources producing PET using the continuous TPA high viscosity 
multiple end finisher process 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 
publication of the final rule. Therefore, the EPA is providing a 
temporary extension of the compliance date specified in 40 CFR 
63.1311(c) for the provisions contained in 40 CFR 63.1329 for existing 
affected sources producing PET using the continuous TPA high viscosity 
multiple end finisher process in order to allow time to reconsider the 
issues raised by the petitioner. This reconsideration was undertaken 
pursuant to Clean Air Act section 307(d)(7)(B).

III. Impacts

    The extension of the compliance date for PCCTs at existing affected 
sources producing PET using the continuous TPA high viscosity multiple 
end finisher process will not affect the eventual annual estimated 
emissions reduction or the control cost for the rule.

IV. 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. 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 date specified in 40 CFR 63.1311(c) for the provisions 
contained in 40 CFR 63.1329 for existing affected sources producing PET 
using the continuous TPA high viscosity multiple end finisher process. 
The direct final rule does 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

    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.

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    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 Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule 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: March 23, 1998.
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 paragraph (c) 
introductory text to read as follows:


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

* * * * *
    (c) Existing affected sources shall be in compliance with this 
subpart (except for Sec. 63.1331 for which compliance is covered by 
paragraph (d) of this section) no later than September 12, 1999, as 
provided in Sec. 63.6(c), unless an extension has been granted as 
specified in paragraph (e) of this section, except that the compliance 
date for the provisions contained in 40 CFR 63.1329 is temporarily 
extended from September 12, 1999, to February 27, 2001, for existing 
affected sources whose primary product, as determined using the 
procedures specified in Sec. 63.1310(f), is PET using a continuous 
terephthalic acid high viscosity multiple end finisher process.
* * * * *
[FR Doc. 98-8212 Filed 3-30-98; 8:45 am]
BILLING CODE 6560-50-P