[Federal Register Volume 66, Number 37 (Friday, February 23, 2001)]
[Rules and Regulations]
[Pages 11233-11236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2220]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6768-2]
RIN 2060-AH47


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendment.

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SUMMARY: The EPA is issuing this final rule amendment to indefinitely 
stay the current compliance date of February 27, 2001, for the 
provisions pertaining to process contact cooling towers (PCCT) for 
existing affected sources producing poly (ethylene terephthalate) (PET) 
using the continuous terephthalic acid (TPA) high viscosity multiple 
end finisher process. On August 29, 2000, the EPA issued a direct final 
rule (65 FR 52319) and a parallel proposal (65 FR 52392) to stay the 
compliance date indefinitely because the EPA is in the process of 
responding to a request to reconsider relevant portions of the rule 
which may result in changes to the emission limitation applying to PCCT 
in this subcategory.
    On September 20, 2000, the EPA received an adverse comment on the 
direct final rule for an indefinite stay of compliance. Therefore, the 
EPA withdrew the direct final rule (65 FR 64161; October 26, 2000). 
After considering the comments received, the EPA is promulgating the 
indefinite stay of compliance through this amendment.

[[Page 11234]]


EFFECTIVE DATE: February 23, 2001.

ADDRESSES: A docket, No. A-92-45, containing information considered by 
the EPA in the development of the standards for the Group IV Polymers 
and Resins, is available for public inspection and copying between 8 
a.m. and 5 p.m., Monday through Friday, at the EPA's Air and Radiation 
Docket and Information Center, Waterside Mall, Room M-1500, first 
floor, 401 M Street, SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Mr. Robert E. Rosensteel, US EPA, 
Office of Air Quality Planning and Standards, Research Triangle Park, 
NC 27711, telephone (919) 541-5608, fax (919) 541-3470, and electronic 
mail: [email protected].

SUPPLEMENTARY INFORMATION:
    Docket. The docket is an organized and complete file of all the 
information considered 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).) The regulatory text and other materials related to this 
rulemaking are available for review in the docket or copies may be 
mailed on request from the Air Docket by calling (202) 260-7548. A 
reasonable fee may be charged for copying docket materials.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's action will also be available on the WWW 
through the Technology Transfer Network (TTN). Following the 
Administrator's signature, a copy of the rule will be posted on the 
TTN's policy and guidance page for newly proposed or promulgated rules 
http://www.epa.gov/ttn/oarpg. The TTN 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:

------------------------------------------------------------------------
                                                         Examples of
             Category                SIC     NAICS    regulated entities
------------------------------------------------------------------------
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 action. 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. If you have any questions regarding the applicability of this 
final rule amendment to a particular entity, consult the person listed 
in the preceding FOR FURTHER INFORMATION CONTACT section.

I. Background

    On August 29, 2000, we proposed to indefinitely stay the compliance 
date specified in 40 CFR 63.1311(c) for the provisions contained in 40 
CFR 63.1329 for existing affected sources producing PET using the 
continuous TPA high viscosity multiple end finisher process. The 
proposed indefinite stay applied only to the PCCT emission limitation 
at existing affected sources. It did not affect any other provisions of 
the rule applying to this subcategory or any other subcategories.
    We proposed this indefinite stay of the compliance date because the 
EPA is in the process of responding to a request to reconsider relevant 
portions of the rule which may result in changes to the emission 
limitation applying to PCCT in this subcategory, and it is unlikely 
that the reconsideration process will be complete before actions are 
necessary to comply with the current PCCT standard. We intend to 
complete our reconsideration of the rule and take appropriate action as 
expeditiously as practical. Following our reconsideration of the rule, 
we will establish a new compliance date for the provisions contained in 
40 CFR 63.1329. For these reasons, we are providing an indefinite stay 
of the compliance date.
    We received one adverse comment letter on the proposed indefinite 
stay, a follow-up letter from the same commenter, and one favorable 
comment letter. On August 29, 2000, we also issued a parallel direct 
final rule (65 FR 52319). Because we received an adverse comment, we 
withdrew the direct final rule on October 26, 2000 (65 FR 64161). In 
this final amendment, we are addressing the adverse comment and 
promulgating the proposed rule as presented in the August 29, 2000, 
Federal Register notice without modification.

II. What Does the Final Rule Say?

    We are issuing an indefinite stay of the existing source compliance 
date associated with the PCCT standard for the Group IV Polymers and 
Resins National Emission Standards for Hazardous Air Pollutant (NESHAP) 
Emissions (40 CFR 63.1311(c), subpart JJJ) for existing affected 
sources producing PET using the continuous TPA high viscosity multiple 
end finisher process.

III. What Are the Major Comments and Responses to Those Comments?

    We received one adverse comment which objected to the ``open-
ended'' aspect of the stay. The commenter stated that the EPA must 
establish a ``firm'' date for the indefinite stay and the completion of 
its consideration of KoSa's petition for reconsideration.
    After receiving the adverse comment, we discussed with the 
commenter their concerns regarding the ``open-ended'' nature of the 
stay. We explained, as we had stated in the proposal, that we could not 
set a firm date at this time because it was unclear when our 
reconsideration of the pending administrative petitions would conclude. 
We stated that we planned to set a firm date once we completed the 
reconsideration. The commenter submitted a second comment letter 
withdrawing its objection to the proposed stay. We also received one 
comment supporting an indefinite stay.

IV. What Are the Changes Since Proposal?

    No changes have been made to the proposed indefinite stay (65 FR 
52392). Thus, this final rule amendment is identical to that presented 
in the proposed rule.

V. What Are the Impacts of the Final Rule?

    This indefinite stay affects a single facility. We do not believe 
that this stay will, as a practical matter, affect the overall 
effectiveness of the Group IV Polymers and Resins NESHAP.

[[Page 11235]]

VI. Administrative Requirements

A. 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 the Office of Management and Budget 
(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 and, therefore, does not constitute a ``significant 
regulatory action'' within the meaning of Executive Order 12866 and was 
not required to be reviewed by OMB.

B. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This final rule amendment does not have federalism implications. It 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132. This is because the 
final action applies to affected sources in the PET facilities, not to 
States or local governments. Nor will State law be preempted, or any 
mandates be imposed on States or local governments. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
final action.

C. Executive Order 13084, Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, we 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 we consult with those 
governments. If we comply by consulting, we are required by Executive 
Order 13084 to provide to the OMB in a separately identified section of 
the preamble to the rule, a description of the extent of our 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 us 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 final action does not significantly or uniquely affect the 
communities of Indian tribal governments because they do not own or 
operate any of the sources affected by this rule. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this action.

D. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045: ``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 we have 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 influence the regulation. This action is not subject 
to Executive Order 13045 because it is not an economically significant 
regulatory action as defined in Executive Order 12866, and it is based 
on technology performance and not on health or safety risks.

E. Unfunded Mandates Reform Act of 1995

    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, we 
must generally 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 a rule for which a written statement is 
needed, section 205 of the UMRA generally requires us 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 us 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 we establish 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 our 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 today's action does not contain a 
Federal

[[Page 11236]]

mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any 1 year. Instead, this rule amendment provides additional 
time to comply with certain requirements of the Group IV Polymers and 
Resins NESHAP. Thus, today's action is not subject to the requirements 
of sections 202 and 205 of the UMRA.
    We also have determined that this action 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.

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

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this final rule 
amendment. The EPA also has determined that this rule amendment will 
not have a significant impact on a substantial number of small 
entities. Only one entity is subject to the PCCT standard, and it is 
not a small entity. In addition, this rule amendment will relieve 
regulatory burden for the entity subject to the PCCT standard.

G. Paperwork Reduction Act

    For the Group IV Polymers and Resins NESHAP, the information 
collection requirements were submitted to the 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 part 9, 
section 9.1, to indicate the information collection requirements 
contained in the Group IV Polymers and Resins NESHAP.
    Today's action has no impact on the information collection burden 
estimates made previously. Therefore, the Information Collection 
Request has not been revised.

H. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, (15 U.S.C. 272 note), 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 would be otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., material specifications, test method, 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, the 
National Fire Protection Association, and the Society of Automotive 
Engineers. The NTTAA requires Federal agencies like the EPA to provide 
Congress, through OMB, with explanations when the EPA decides not to 
use available and applicable voluntary consensus standards. This action 
does not involve technical standards.

I. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This final rule will be effective on February 23, 2001.

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: January 19, 2001.
Carol M. Browner,
Administrator.
    Title 40 of the Code of Federal Regulations, chapter I, part 63, 
subpart JJJ is being amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

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

    2. Amend Sec. 63.1311 by revising paragraph (c) to read as follows:


Sec. 63.1311  Compliance dates and relationship of this subpart to 
applicable rules.

* * * * *
    (c) Existing affected sources shall be in compliance with this 
subpart (except for Sec. 63.1331 for which compliance is covered by 
paragraph (d) of this section) no later than June 19, 2001, as provided 
in Sec. 63.6(c), unless an extension has been granted as specified in 
paragraph (e) of this section, except that the compliance date for the 
provisions contained in Sec. 63.1329 is extended to February 27, 2001, 
for existing affected sources whose primary product, as determined 
using the procedures specified in Sec. 63.1310(f), is PET using a 
continuous terephthalic acid high viscosity multiple end finisher 
process.

    [Note to paragraph (c): The compliance date of February 27, 2001 
for the provisions of Sec. 63.1329 for existing affected sources 
whose primary product, as determined using the procedures specified 
in 63.1310(f), is PET using a continuous terephthalic acid high 
viscosity multiple end finisher process is stayed indefinitely. The 
EPA will publish a document in the Federal Register establishing a 
new compliance date for these sources.]

* * * * *
[FR Doc. 01-2220 Filed 2-22-01; 8:45 am]
BILLING CODE 6560-50-P