[Federal Register Volume 64, Number 45 (Tuesday, March 9, 1999)]
[Proposed Rules]
[Pages 11555-11557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3800]


      

  Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / 
Proposed Rules  

[[Page 11555]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[AD-FRL-6301-5]
RIN 2060-AH-47


National Emission Standards for Hazardous Air Pollutants 
Emissions: Group I Polymers and Resins and Group IV Polymers and Resins 
and Standards of Performance for Volatile Organic Compound (VOC) 
Emissions From the Polymer Manufacturing Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On September 5, 1996, the EPA issued the National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for Group I Polymers 
and Resins (61 FR 46906); on September 12, 1996, the EPA issued the 
Group IV Polymers and Resins NESHAP (61 FR 48208); and on December 11, 
1990, the EPA issued the Standards of Performance for Volatile Organic 
Compound (VOC) Emissions from the Polymer Manufacturing Industry (55 FR 
51035). This action proposes to revise the promulgated rules by adding 
provisions, correcting errors, and making clarifications in all of the 
above-mentioned rulemakings.

DATES: Comments. Comments must be received on or before April 8, 1999, 
unless a hearing is requested by March 19, 1999. If a hearing is 
requested, written comments must be received by April 23, 1999.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by March 19, 1999, a public hearing will be held in 
Research Triangle Park, North Carolina, beginning at 10 a.m. on March 
23, 1999. Persons interested in attending the hearing should call Ms. 
Marguerite Thweatt at (919) 541-5673 to verify that a hearing will be 
held.
    Request to Speak at Hearing. Persons wishing to present oral 
testimony must contact EPA by March 19, 1999 by contacting Ms. 
Marguerite Thweatt, Organic Chemicals Group (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, 
telephone number (919) 541-5673.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket Number A-92-44 (Group I Polymers and Resins) and/or 
Docket Number A-92-45 (Group IV Polymers and Resins), Room M-1500, U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460. The EPA requests that a separate copy also be sent to the 
contact person listed below (see FOR FURTHER INFORMATION CONTACT). 
Comments may also be submitted electronically by following the 
instructions provided in SUPPLEMENTARY INFORMATION.

    Docket. Docket numbers A-92-44 and A-92-45, containing information 
relevant to this proposed rulemaking, are available for public 
inspection between 8 a.m. and 5:30 p.m., Monday through Friday (except 
for Federal holidays) at the following address: U.S. Environmental 
Protection Agency, Air and Radiation Docket and Information Center (MC-
6102), 401 M Street, SW, Washington, DC 20460, telephone: (202) 260-
7548. The docket is located at the above address in Room M-1500, 
Waterside Mall (ground floor). A reasonable fee may be charged for 
copying.

FOR FURTHER INFORMATION CONTACT: Mr. Robert E. Rosensteel, Organic 
Chemicals Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5608.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    The regulated category and entities affected by this action 
include:

------------------------------------------------------------------------
           Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry.....................  Butyl Rubber, Halobutyl Rubber,
                                Epichlorohydrin Elastomer, Ethylene
                                Propylene Rubber, Hypalon TM, Neoprene,
                                Nitrile Butadiene Rubber, Nitrile
                                Butadiene Latex, Polybutadiene Rubber,
                                Styrene-Butadiene Rubber or Latex,
                                Acrylonitrile Butadiene Styrene Resin,
                                Styrene Acrylonitrile Resin, Methyl
                                Methacrylate Acrylonitrile Butadiene
                                Styrene Resin, Methyl Methacrylate
                                Butadiene Styrene Resin, Poly(ethylene
                                terephthalate) Resin, Polystyrene Resin,
                                and Nitrile Resin producers.
------------------------------------------------------------------------

    This table is not intended to be exhaustive but, rather, provides a 
guide for readers likely to be interested in the revisions to the 
regulations affected by this action. To determine whether your facility 
is regulated by this action, you should carefully examine all of the 
applicability criteria in the promulgated versions of subpart U and JJJ 
(61 FR 46906 and 61 FR 48208, respectively), as well as in the proposed 
amendments to the applicability sections (Secs. 63.480 and 63.1310). If 
you have any questions regarding the applicability of this proposal to 
a particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

Electronic Access and Filing Addresses

    This proposal, its accompanying Direct Final Rule, the promulgated 
texts, and other background information are available in Docket Numbers 
A-92-44 and A-92-45 or by request from the EPA's Air and Radiation 
Docket and Information Center (see ADDRESSES). These documents can also 
be accessed through the EPA web site at: http://www.epa.gov/ttn/oarpg. 
For further information and general questions regarding the Technology 
Transfer Network (TTN), call Mr. Hersch Rorex, (919) 541-5637; or Mr. 
Phil Dickerson, (919) 541-4814.
    Electronic comments and data may be submitted by sending electronic 
mail (e-mail) to: [email protected]. Submit comments 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 Word 
Perfect 5.1 or 6.1 or ACSII file format. Identify all comments and data 
in electronic form by the docket numbers A-92-44 and/or A-92-45. No 
Confidential Business Information (CBI) should be submitted through 
electronic mail. Electronic comments may be filed online at many 
Federal Depository Libraries.
    If no relevant, 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 relevant adverse comments are timely received, the direct final rule 
will be withdrawn and all public comments received will be addressed in 
a subsequent final rule. Because the EPA will not institute a second 
comment period on this proposed rule, any

[[Page 11556]]

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 Requirements

I. Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of a rule. The docket is a 
dynamic file, because material is added throughout the rulemaking 
development. The docketing system is intended to allow members of the 
public and industries involved to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the proposed and promulgated standards and their preambles, 
the contents of the docket will serve as the record in the case of 
judicial review. (See section 307(d)(7)(A) of the Act.)

II. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must submit to the Office of Management and Budget (OMB) for review 
significant regulatory actions. The Executive Order defines 
``significant regulatory action'' as one that OMB determines is likely 
to result in 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, 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 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.
    It has been determined that this proposal does not qualify as a 
``significant regulatory action'' under the terms of Executive Order 
12866 and, therefore, is not subject to review by the Office of 
Management and Budget.

III. Executive Order 12875: Enhancing Intergovernmental 
Partnerships

    Under Executive Order 12875, the EPA may not issue a regulation 
that is not required by statute and that creates a mandate upon a 
State, local or tribal government, unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by those governments, or EPA consults with those governments. 
If EPA complies by consulting, Executive Order 12875 requires EPA to 
provide to the Office of Management and Budget a description of the 
extent of EPA's prior consultation with representatives of affected 
State, local and tribal governments, the nature of their concerns, 
copies of any written communications from the governments, and a 
statement supporting the need to issue the regulation. In addition, 
Executive Order 12875 requires EPA to develop an effective process 
permitting elected officials and other representatives of State, local 
and tribal governments ``to provide meaningful and timely input in the 
development of regulatory proposals containing significant unfunded 
mandates.''
    Today's proposed amendments do not create a mandate on State, local 
or tribal governments. These proposed amendments do not impose any 
enforceable duties on these entities. Accordingly, the requirements of 
section 1(a) of Executive Order 12875 do not apply to these proposed 
amendments.

IV. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, the EPA may not issue a regulation 
that is not required by statute, that significantly or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
13084 requires EPA to provide to the Office of Management and Budget, 
in a separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires the EPA to 
develop an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's proposed do not significantly or uniquely affect the 
communities of Indian tribal governments. These amendments do not 
impose any duties or compliance costs on Indian tribal governments. 
Further, the proposed amendments provided herein do not significantly 
alter the control standards imposed by subpart U or subpart JJJ for any 
source, including any that may affect communities of the Indian tribal 
governments. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to these proposed amendments.

V. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA), 
requires that the Agency prepare a budgetary impact statement before 
promulgating a rule that includes a Federal mandate that may result in 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of more than $100 million in any one year. 
Section 203 requires the Agency to establish a plan for obtaining input 
from and informing, educating, and advising any small governments that 
may be significantly or uniquely affected by the rule.
    The EPA has determined that this proposal does not include a 
Federal mandate that may result in estimated costs of, in the 
aggregate, $100 million or more to either State, local, or tribal 
governments in the aggregate, or to the private sector, and that this 
proposal does not significantly or uniquely impact small governments, 
because it contains no requirements that apply to such governments or 
impose obligations upon them. The EPA has not prepared a budgetary 
impact statement or specifically addressed the selection of the least 
costly, most cost-effective, or least burdensome alternative. In 
addition, because small governments will not be significantly or 
uniquely affected by this rule, the Agency is not required to develop a 
plan with regard to small governments. Therefore, the requirements of 
the Unfunded Mandates Act do not apply to this proposal.

VI. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) 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 
business, small not-for-profit enterprises, and

[[Page 11557]]

small governmental jurisdictions. This proposal would not have a 
significant impact on a substantial number of small entities, because 
it clarifies and makes corrections to the promulgated versions of the 
Group I and IV Polymers and Resins NESHAP, but imposes no additional 
regulatory requirements on owners or operators of affected sources. 
Therefore, I certify that this proposed action will not have a 
significant impact on a substantial number of small entities.

VII. Paperwork Reduction Act

    For both the Group I and Group IV Polymers and Resins NESHAP, the 
information collection requirements (ICRs) were submitted to the Office 
of Management and Budget (OMB) under the Paperwork Reduction Act. At 
promulgation, OMB had already approved the ICRs for the Group IV 
Polymers and Resins NESHAP and assigned those standards the OMB control 
number 2060-0351. Subsequently, the OMB approved the ICRs for the Group 
I Polymers and Resins NESHAP, and on July 15, 1997 (62 FR 37720) the 
OMB control number 2060-0356 was assigned to the Group I Polymers and 
Resins NESHAP. 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 ICRs contained in the Group I and IV Polymers and Resins NESHAP.
    The amendments to the NESHAP contained in this proposal should have 
no impact on the information collection burden estimates made 
previously. Therefore, the ICRs have not been revised.

VIII. Applicability of Executive Order 13045

    The Executive Order 13045 applies to any rule that (1) OMB 
determines is ``economically significant'' as defined under Executive 
Order 12866, and (2) EPA determines the environmental health or safety 
risk addressed by the rule has a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety aspects of the planned rule on 
children; and explain why the regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This proposal is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because it does not involve decisions on 
environmental health risks or safety risks that may disproportionately 
affect children.

IX. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA) directs all Federal agencies to use voluntary 
consensus standards instead of government-unique standards in their 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., material specifications, test methods, 
sampling and analytical procedures, business practices, etc.) that are 
developed or adopted by one or more voluntary consensus standards 
bodies. Examples of organizations generally regarded as voluntary 
consensus standards bodies include the American Society for Testing and 
Materials (ASTM), the National Fire Protection Association (NFPA), and 
the Society of Automotive Engineers (SAE). The NTTAA requires Federal 
agencies like EPA to provide Congress, through OMB, with explanations 
when an agency decides not to use available and applicable voluntary 
consensus standards.
    As part of a larger effort, the EPA is undertaking a project to 
cross-reference existing voluntary consensus standards on testing, 
sampling, and analysis, with current and future EPA test methods. When 
completed, this project will assist the EPA in identifying potentially-
applicable voluntary consensus standards which can then be evaluated 
for equivalency and applicability in determining compliance with future 
regulations.

List of Subjects

40 CFR Part 60

    Environmental protection, Volatile Organic Compound, Air Pollution 
Control.

40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances.

    Dated: February 10, 1999.
Carol M. Browner,
Administrator.
[FR Doc. 99-3800 Filed 3-8-99; 8:45 am]
BILLING CODE 6560-50-P