[Federal Register Volume 65, Number 168 (Tuesday, August 29, 2000)]
[Proposed Rules]
[Pages 52392-52393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21908]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6858-6]
RIN 2060-AH47


National Emission Standards for Hazardous Air Pollutant 
Emissions: Group IV Polymers and Resins

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to indefinitely stay the compliance date 
for the process contact cooling tower (PCCT) provisions for existing 
affected sources producing poly(ethylene terephthalate) (PET) using the 
continuous terephthalic acid (TPA) high viscosity multiple end finisher 
process. We are proposing this stay of the compliance date because the 
EPA is in the process of responding to a request to reconsider relevant 
portions of the National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Group IV Polymers and Resins which may result 
in changes to the emission limitation which applys to PCCT in this 
subcategory.
    In the ``Rules and Regulations'' section of this Federal Register, 
we are finalizing this stay without prior proposal because we view this 
as a noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule. If we receive an adverse comment on this action, 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 September 28, 
2000, unless a hearing is requested by September 8, 2000. If a hearing 
is requested, written comments must be received by October 13, 2000.
    Public Hearing. Anyone requesting a public hearing must contact the 
EPA by September 8, 2000. If requested, a public hearing will be held 
in Research Triangle Park, North Carolina at 10:30 a.m. on September 
12, 2000.

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 (Group IV Polymers and Resins), Room M-
1500, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, 
NW, 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).
    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.
    Docket. Docket number A-92-45, containing information relevant to 
this proposed rulemaking, is 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: 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 
number A-92-45. No confidential business information (CBI) should be 
submitted by e-mail. Electronic comments may be filed

[[Page 52393]]

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: Mr. Bob Rosensteel, U.S. 
EPA, c/o 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.
    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 
this proposed rule.
    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 (CAA). An index for the docket, 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 
docket materials. The docket index is 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.
    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. The regulated category and entities affected by 
this action include:

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                                                         Examples of
          Category               SIC       NAICS     regulated entities
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Industry....................       2821     325211  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 likely to be interested in this proposed rule. To 
determine whether your facility is affected by this action, you should 
carefully examine all of the applicability criteria in 40 CFR part 63, 
subpart JJJ and in the proposed amendments to subpart JJJ (64 FR 
11560). If you have any questions regarding the applicability of this 
proposed rule to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.
    This document concerns an indefinite stay, under the CAA section 
301(a), of the compliance date associated with the PCCT standard of the 
Group IV Polymers and Resins NESHAP for certain existing affected 
sources. For further information, please see the information provided 
in the direct final rule that is located in the ``Rules and 
Regulations'' section of this Federal Register publication.

What Are the Administrative Requirements for This Pproposal?

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 
another 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 
impacts of today's proposed rule on small entities, small entity is 
defined as: (1) A small business that is a business with less than 750 
employees; (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.
    This proposed rule would not impose any requirements on small 
entities, because only one entity is subject to the PCCT standard and 
it is not a small entity. In addition, this proposed rule would relieve 
regulatory burden for all entities subject to the rule. After 
considering the economic impacts of today's proposed rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.
    For information regarding other administrative requirements for 
this action, please see the direct final rule that is located in the 
``Rules and Regulations'' section of this Federal Register publication.

List of Subjects in 40 CFR Part 63

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

    Dated: August 21, 2000.
Carol M. Browner,
Administrator.
[FR Doc. 00-21908 Filed 8-28-00; 8:45 am]
BILLING CODE 6560-50-P