[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Proposed Rules]
[Pages 26544-26546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10419]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6585-6]
RIN 2060-AE86


National Emission Standards for Hazardous Air Pollutants for 
Polyether Polyols Production; Synthetic Organic Chemical Manufacturing 
Industry; Epoxy Resins Production and Non-Nylon Polyamides Production; 
and Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to amend the National Emission Standards 
for Hazardous Air Pollutants (NESHAP) for Polyether Polyols Production; 
the Synthetic Organic Chemical Manufacturing Industry (also known as 
the Hazardous Organics NESHAP, or HON); Epoxy Resins Production and 
Non-Nylon Polyamides Production; and Petroleum Refineries.
    This action proposes to correct referencing errors and several 
equations which contained printing errors in the final NESHAP for 
Polyether Polyols Production. This action proposes to amend the 
description of a process change and the description of excess 
emissions; the requirements pertaining to submission of a request for 
extension of a compliance date; the storage vessel monitoring 
requirements; the definition of the terms epoxide, Polyether polyol, 
and Group 2 wastewater stream; the conditions required during 
performance testing for batch process vents; which compounds are 
considered to be organic HAP for the purposes of both the maintenance 
wastewater and the process wastewater requirements; the information 
requirements for start-up, shutdown, and malfunction reports; the dates 
on which initial notification reports are due; and the reporting 
requirements for other reports to clarify those requirements. For all 
four NESHAP, the EPA is proposing to amend the definition of equipment 
leaks to add the term ``connectors'' to the list of equipment that is 
subject to the equipment leak provisions in those NESHAP.
    In the ``Rules and Regulations'' section of this Federal Register, 
we are making these corrections in a direct final rule, without prior 
proposal, because we view these revisions as noncontroversial, and we 
anticipate no adverse comments. We have explained our reasons for these 
corrections in the preamble to the direct final rule.
    If we receive no adverse comments, we will take no further action 
on this proposed rule. If an adverse comment applies to an amendment, 
paragraph, or section of this proposed rule, and that provision may be 
addressed separately from the remainder of the proposed rule, we will 
withdraw only those provisions on which we received adverse comments. 
We will publish a timely withdrawal in the Federal Register indicating 
which provisions will become effective and which provisions are being 
withdrawn. If part or all of the direct final rule in the ``Rules and 
Regulations'' section of this Federal Register is withdrawn, all public 
comments pertaining to those provisions will be addressed in a

[[Page 26545]]

subsequent final rule based on this proposed rule. We will not 
institute a second comment period on that subsequent final rule. Any 
parties interested in commenting must do so at this time.

DATES: Comments. Written comments must be received by June 7, 2000, 
unless a hearing is requested by May 18, 2000. If a hearing is 
requested, written comments must be received by June 22, 2000.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by May 18, 2000, a public hearing will be held on May 
22, 2000.
    Comments. Written comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket numbers A-90-20, A-92-37, A-93-48, and/or A-96-38 (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.

ADDRESSES: Docket. Docket numbers A-90-20, A-92-37 (Epoxy Resins 
Production and Non-Nylon Polyamides Production), A-93-48 (Petroleum 
Refineries), and A-96-38 (Polyether Polyols Production) contain 
supporting information used in developing the standards. The dockets 
are located at the U.S. Environmental Protection Agency, 401 M Street 
SW, Washington, DC 20460, in room M-1500, Waterside Mall (ground 
floor), and may be inspected from 8:30 a.m. to 5:30 p.m., Monday 
through Friday, excluding legal holidays.
    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 at 10:30 a.m.

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, NC 
27711, telephone number (919) 541-5608, electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Docket. The docket is an organized and 
complete file of all the information considered by the EPA in the 
development of this rulemaking. The docket is a dynamic file because 
material is added throughout the rulemaking process. 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 Clean Air Act.) An index for each 
docket, as well as individual items contained within the dockets, may 
be obtained by calling (202) 260-7548 or (202) 260-7549. A reasonable 
fee may be charged for copying docket materials. Docket indexes are 
also available by facsimile, as described on the Office of Air and 
Radiation, Docket and Information Center Website at http://www.epa.gov/airprogm/oar/docket/faxlist.html.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
Maria Noell, U.S. Environmental Protection Agency, MD-13, Research 
Triangle Park, NC 27711, telephone (919) 541-5607, at least 2 days in 
advance of the public hearing. Persons interested in attending the 
public hearing must also call Ms. Maria Noell to verify the time, date, 
and location of the hearing. The public hearing will provide interested 
parties the opportunity to present data, views, or arguments concerning 
these proposed amendments.
    Comments. Comments and data may be submitted by electronic mail (e-
mail) to: [email protected]. Electronic comments must be submitted 
as an ASCII file to avoid the use of special characters and encryption 
problems and will also be accepted on disks in WordPerfect 
version 5.1, 6.1 or Corel 8 file format. All comments and data 
submitted in electronic form must note the docket numbers A-90-20, A-
92-37, A-93-48, and/or A-96-38. No confidential business information 
(CBI) should be submitted by e-mail. Electronic comments may be filed 
online at many Federal Depository Libraries.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
proprietary information directly to the following address, and not to 
the public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: Attention: Ms. Melva Toomer, U.S. 
EPA, OAQPS Document Control Officer, 411 W. Chapel Hill Street, Room 
944, Durham NC 27711. The EPA will disclose information identified as 
CBI only to the extent allowed by the procedures set forth in 40 CFR 
part 2. If no claim of confidentiality accompanies a submission when it 
is received by the EPA, the information may be made available to the 
public without further notice to the commenter.
    World Wide Web. In addition to being available in the docket, an 
electronic copy of this proposed rule is also available through the 
World Wide Web (WWW). Following signature, a copy of the rule will be 
posted on the EPA's Technology Transfer Network (TTN) policy and 
guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN at EPA's web site provides information 
and technology exchange in various areas of air pollution control. If 
more information regarding the TTN is needed, call the TTN HELP line at 
(919) 541-5384.
    Regulated Entities. Categories and entities potentially affected by 
this proposed rule include:

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                                                                     North American
                                         Standard Industrial           Industrial         Examples of regulated
               Category                  Classification (SIC)    Classification System           entities
                                                codes                (NAICS) codes
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Industry.............................  2865 and 2869..........  325110, 325188, 325192,  Synthetic organic
                                                                 325193, 325199, and      chemical manufacturing
                                                                 325120.                  industry (SOCMI) units
                                                                                          (e.g., producers of
                                                                                          benzene, toluene, or
                                                                                          any other chemical
                                                                                          listed in table 1 of
                                                                                          40 CFR part 63,
                                                                                          subpart F).
Industry.............................  2821...................  325211.................  Epoxy resins and non-
                                                                                          nylon polyamide
                                                                                          resins.
Industry.............................  2911...................  324110.................  Petroleum refineries.
Industry.............................  2843 and 2869..........  325199 and 325613......  Producers of polyether
                                                                                          polyols and polyether
                                                                                          mono-ols.
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[[Page 26546]]

    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 proposed in this action. To determine whether your facility 
is regulated by this action, you should carefully examine all of the 
applicability criteria in 40 CFR part 63, subparts F, W, CC, and PPP. 
If you have any questions regarding the applicability of these proposed 
amendments to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

What Are the Administrative Requirements for This Action?

Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute 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 organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impact of this proposed rule on small 
entities, small entity is defined as: (1) A small business that has 
less than 750 employees and is unaffiliated with a larger domestic 
entity; (2) a small governmental jurisdiction that is a government of a 
city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. We have 
determined that 7 of the 36 polyether polyol production facilities are 
classified as small entities (i.e., having fewer than 750 employees). 
The EPA determined that none of these seven small entities will 
experience an increase in costs that is greater than one percent of 
revenues as a result of this proposed rule. This does not qualify as a 
significant economic impact on a substantial number of small 
businesses.
    For information regarding other administrative requirements for 
this action, please see the direct final/final rule action that is 
located in the ``Rules and Regulations'' section of this Federal 
Register publication.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: April 20, 2000.
Carol M. Browner,
Administrator.
[FR Doc. 00-10419 Filed 5-5-00; 8:45 am]
BILLING CODE 6560-50-P