[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Proposed Rules]
[Pages 30453-30456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14350]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6355-4]
RIN 2060-AH47
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: The EPA is proposing to extend certain compliance dates
contained in National Emissions Standards for Hazardous Air Pollutants
Emissions: Group IV Polymers and Resins. The revisions concern an
extension of the compliance dates specified in 40 CFR 63.1311(b) and
(d)(6) for polyethylene terephthalate (PET) affected sources. We are
proposing these compliance extensions pursuant to Clean Air Act section
301(a)(1) to complete reconsideration of equipment leak provisions and
any necessary revision to the rule.
In the ``Rules and Regulations'' section of the Federal Register,
we are approving the extension of compliance dates as a direct final
rule without prior proposal because we view this as a noncontroversial
revision and anticipate no adverse comment. We have explained our
reasons for this approval in the preamble to the direct final rule. If
we receive no adverse comment, we will not take further action on this
proposed rule. If we received adverse comment, we will withdraw the
direct final rule and it will not take effect. We will address all
public comments in a subsequent final rule based on this proposed rule.
We will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time.
DATES: Comments. Written comments must be received by July 8, 1999,
unless a hearing is requested by June 18, 1999. If a hearing is
requested, written comments must be received by July 23, 1999.
Public Hearing. Anyone requesting a public hearing must contact the
EPA no later than June 18, 1999. If a hearing is held, it will take
place on June 23, 1999, 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, DC 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.
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. Maria Noell, 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
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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. Keith Barnett, 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) 541-5605, fax number (919) 541-3470, and
electronic mail: [email protected].
SUPPLEMENTARY INFORMATION:
Electronic Filing
Electronic comments and data can be sent directly to the EPA at: a-
[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://www.epa.gov/ttn/oarpg.
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.
For further information, please see the information provided in the
direct final action that is located in the ``Rules and Regulations''
section of this Federal Register publication.
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 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--Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to review by OMB on the basis of the requirements of
the Executive Order in addition to its normal review requirements. The
Executive Order defines ``significant regulatory action'' as one that
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.
Today's action does not fall within any of the four categories
described above. Instead, the proposed rule will provide an extension
of the compliance dates specified in 40 CFR 63.1311(b) and (d)(6) 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 proposed rule would not have a significant impact on a substantial
number of small entities because rather than imposing additional
requirements, this proposed rule provides additional time for
compliance while the EPA completes reconsideration and any necessary
revision to parts of the Group IV Polymers and Resins NESHAP.
Therefore, I certify that this rule will not have a significant
economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local and tribal
governments, in the aggregate, or to the private sector of $100 million
or more in any one year. Before promulgating an EPA rule for which a
written statement is needed, section 205 of the UMRA generally requires
the EPA to identify and consider a reasonable
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number of regulatory alternatives and adopt the least costly, most
cost-effective or least burdensome alternative that achieves the
objects of the rule. The provisions of section 205 do not apply when
they are inconsistent with applicable law. Moreover, section 205 allows
the EPA to adopt an alternative other than the least costly, most cost-
effective or least burdensome alternative if the Administrator
publishes with the final rule an explanation of why that alternative
was not adopted. Before the EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, including
tribal governments, it must have developed under section 203 of the
UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
Today's proposed rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local or
tribal governments or the private sector. Instead, this proposed rule
provides additional time to comply with some requirements of the
Polymers and Resins IV NESHAP. In any event, the EPA has determined
that this rule does not contain a Federal mandate that may result in
expenditure of $100 million or more for State, local and tribal
governments, in the aggregate, or the private sector, in any one year.
This rule is not subject to the requirements of sections 202 and 205 of
the UMRA.
We also have determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. This rule does not impose any enforceable duties on small
governments, i.e., they own or operate no sources subject to this rule
and therefore are not required to purchase control systems to meet the
requirements of this rule.
E. Executive Order 13045--Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), applies to any rule that (1) is determined to be ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that the EPA has reason to
believe may have 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 planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
The EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This proposed action is not subject to the
Executive Order 13045 because it is not an economically significant
regulatory action as defined in E.O. 12866, and it is based on
technology performance and not on health or safety risks.
F. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
of 1995 (NTTAA) requires federal agencies to evaluate existing
technical standards when developing new regulations. To comply with the
NTTAA, the EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that the use of VCS in this proposed rule is
impractical. The compliance extension of the Group IV Polymers and
Resins NESHAP is merely a procedural action that does not require
sources to take substantive steps that lend themselves to VCS.
G. Executive Order 12875--Enhancing Intergovernmental Partnership
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 the EPA consults with those
governments. If the EPA complies by consulting, Executive Order 12875
requires the EPA to provide to the Office of Management and Budget a
description of the extent of the 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 the 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 rule does not create a mandate on State, local or
tribal governments. The proposed rule does not impose any enforceable
duties on these entities. Rather, the proposed rule extends certain
regulatory requirements. Accordingly, the requirements of section 1(a)
of Executive Order 12875 do not apply to this rule.
H. 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 the EPA
consults with those governments. If the EPA complies by consulting,
Executive Order 13084 requires the 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 the 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 rule does not significantly or uniquely affect the
communities of Indian tribal governments. This proposed rule imposes no
enforceable duties on these entities. Rather, the proposed rule extends
certain regulatory requirements. Accordingly, the requirements of
section 3(b) of Executive Order 13084 do not apply to this rule.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
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Dated: May 28, 1999.
Carol M. Browner,
Administrator.
[FR Doc. 99-14350 Filed 6-7-99; 8:45 am]
BILLING CODE 6560-50-U