[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Proposed Rules]
[Pages 35107-35110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16636]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6369-8]
RIN 2060-AH47


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing an indefinite stay of the compliance 
dates for portions of the national emission standards for hazardous air 
pollutants (NESHAP) for Group I Polymers and Resins and Group IV 
Polymers and Resins. This proposal would stay, indefinitely, the 
compliance dates for existing affected sources and new affected sources 
with an initial start-up date on or after March 9, 1999, which are 
subject to the Group I Polymers and Resins and Group IV Polymers and 
Resins NESHAP requirements for all emission points except equipment 
leaks. This proposed stay will remain in effect until the date that the 
amendments to these rules (which were proposed on March 9, 1999) are 
promulgated, at which point the EPA will publish new compliance dates 
for these affected sources. We are proposing this stay of the 
compliance date for existing affected sources and new affected sources 
with an initial start up date on or after March 9, 1999, because of the 
significant amendments to these NESHAP that were proposed on March 9, 
1999. It is unlikely that those amendments will be promulgated before 
the compliance dates for existing sources subject to Group I and Group 
IV Polymers and Resins regulations (September 5, 1999, and September 
12, 1999, respectively).
    In the ``Rules and Regulations'' section of today's Federal 
Register, we are publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comment. We have explained our reasons for this action in the 
corresponding direct final rule, located in the final rules section of 
today's Federal Register. If we receive a significant adverse comment 
on an amendment, paragraph, or section of this rule and that provision 
may be addressed separately from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not subject to a 
significant adverse comment and withdraw those provisions that did 
receive adverse comment. For any provisions that are withdrawn, we will 
address all public comments in a subsequent final rule based on the 
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 30, 1999, 
unless a hearing is requested by July 12, 1999. If a hearing is 
requested, written comments must be received by August 16, 1999.
    Public Hearing. Anyone requesting a public hearing must contact the 
EPA by July 12, 1999. If requested, a public hearing will be held in 
Research Triangle Park, North Carolina, beginning at 10 a.m. on July 
14, 1999.

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, D.C. 
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.

[[Page 35108]]

    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 to present 
oral testimony should contact Ms. Marguerite Thweatt, Organic Chemicals 
Group (MD-13), U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711, telephone number (919) 541-5673 by July 12, 
1999.
    Docket. Docket numbers A-92-44 and A-92-45, containing information 
relevant to this proposed rulemaking, are available for public 
inspection between 8:00 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), Office of Air 
Quality Planning and Standards, U.S. EPA, Research Triangle Park, North 
Carolina 27711, telephone number (919) 541-5608, electronic mail 
address [email protected].

SUPPLEMENTARY INFORMATION:

Regulated Entities

    The regulated category and entities affected by this action 
include:

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                Category                                      Examples of regulated entities
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Industry...............................  Butyl Rubber, Halobutyl Rubber, Epichlorohydrin Elastomer, Ethylene
                                          Propylene Rubber, HypalonTM, 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.
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    This table is not intended to be exhaustive but, rather, provides a 
guide for readers likely to be interested in the proposed revisions to 
the regulations affected by this action. To determine whether your 
facility is affected by this action, you should carefully examine all 
of the applicability criteria in the promulgated versions of subparts U 
and JJJ (61 FR 46906 and 61 FR 48208, respectively), as well as in the 
proposed amendments to the applicability sections (40 CFR 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 
NESHAP (40 CFR part 63, subparts U and JJJ), 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.

What Are the Administrative Requirements for this Proposal?

I. Docket

    The dockets are organized and complete files of all the information 
submitted to or otherwise considered by EPA in the development of the 
final standards. The principal purposes of the docket are to allow 
interested parties to readily identify and locate documents so that 
they can intelligently and effectively participate in the rulemaking 
process; and to serve as the record in case of judicial review (except 
for interagency review materials (section 307(d)(7)(A)).

II. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in 
standards 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.
    The EPA has determined that this proposal does not meet any of the 
criteria enumerated above and therefore, does not constitute a 
``significant regulatory action'' under the terms of Executive Order 
12866.

III. Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that is determined to be ``economically significant'' as 
defined under Executive Order 12866, and concerns an environmental 
health or safety risk that 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 effects 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 Executive Order 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 Executive Order has 
the potential to

[[Page 35109]]

influence the regulation. This proposal is not subject to Executive 
Order 13045 because it does not establish an environmental standard 
intended to mitigate health or safety risks.

IV. Paperwork Reduction Act

    For both the Group I and Group IV Polymers and Resins NESHAP, the 
information collection requirements (ICRs) were submitted to OMB under 
the Paperwork Reduction Act. At promulgation, OMB had already approved 
the ICR for the Group IV Polymers and Resins NESHAP and assigned OMB 
control number 2060-0351. Subsequently, OMB approved the ICR for the 
Group I Polymers and Resins NESHAP, and on July 15, 1997 (62 FR 37720) 
assigned OMB control number 2060-0356.
    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 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 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.

V. Regulatory Flexibility Act

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this proposal. The 
EPA has also determined that this proposal will not have a significant 
adverse economic impact on a substantial number of small businesses, as 
it only stays the compliance dates for certain sources and imposes no 
additional regulatory requirements on owners or operators of affected 
sources. Therefore, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.

VI. Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 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, 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 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows 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 why that 
alternative was not adopted. Before 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.
    The EPA has determined that this proposal does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in aggregate, or the private 
sector in any 1 year, nor does this proposal significantly or uniquely 
impact small governments, because it contains no requirements that 
apply to such governments or impose obligations upon them. Thus, the 
requirements of the UMRA do not apply to this proposal.

VII. Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local, 
or tribal governments, 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 OMB 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 proposal does not create a mandate on State, local, or 
tribal governments. This proposal does 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.

VIII. Executive Order 13084

    Under Executive Order 13084, 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 OMB, 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 EPA to develop an effective process permitting elected 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 proposal notice does not significantly or uniquely affect 
the communities of Indian tribal governments. Further, this proposal 
notice, provided herein, does 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 this proposal notice.

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

[[Page 35110]]

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.
    This action does not involve the proposal of any new technical 
standards. Therefore, NTTAA requirements are not applicable to today's 
proposal.

List of Subjects in 40 CFR Part 63

    Environmental protection, air pollution control, hazardous 
substances, reporting and recordkeeping requirements.

    Dated: June 24, 1999.
Carol M. Browner,
Administrator.
[FR Doc. 99-16636 Filed 6-29-99; 8:45 am]
BILLING CODE 6560-50-P