[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Rules and Regulations]
[Pages 11543-11546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4652]



[[Page 11543]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6948-7]
RIN 2060-AH47


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; extension of compliance.

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SUMMARY: The EPA is taking direct final action to extend certain 
compliance dates contained in national emission standards for hazardous 
air pollutant emissions for Group IV polymers and resins for the 
equipment leaks provisions as applied to polyethylene terephthalate 
(PET) affected sources. We are approving this compliance extension 
pursuant to section 301(a)(1) of the Clean Air Act (CAA) to complete 
reconsideration of equipment leaks provisions and any necessary 
revision to the rule. We are also correcting a referencing error.

DATES: The rule is effective on April 27, 2001 without further notice, 
unless the EPA receives adverse comment by March 28, 2001 unless a 
hearing is requested by March 8, 2001. If a hearing is requested, 
written comments must be received by April 12, 2001.
    If we receive such comment, we will publish a timely withdrawal in 
the Federal Register informing the public that this rule will not take 
effect.

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. EPA, 1200 Pennsylvania Avenue, 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.

FOR FURTHER INFORMATION CONTACT: Mr. Keith Barnett, U.S. EPA, Organic 
Chemicals Group, Emission Standards Division (MD-13) Office of Air 
Quality Planning and Standards, Research Triangle Park, NC 27711, 
telephone (919) 541-5605, fax (919) 541-3470, and electronic mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Docket. The docket reflects the full 
administrative record for this action and includes all the information 
relied upon by EPA in the development of this rule. 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 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 this action will also be available on the WWW 
through the Technology Transfer Network (TTN). Following the 
Administrator's signature, a copy of the action 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. Regulated categories and entities include:

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            Category                  Examples of regulated entities
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Industry........................  Facilities manufacturing PET using a
                                   batch dimethyl terephthalate (DMT)
                                   process, PET facilities using a
                                   continuous DMT process, PET
                                   facilities using a batch terephthalic
                                   acid (TPA) process, and PET
                                   facilities using a continuous TPA
                                   process.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by the 
Group IV Polymers and Resins standards. Other types of entities not 
listed in the table could also be regulated. To determine whether your 
facility is regulated, you should carefully examine the applicability 
criteria in Sec. 63.1310 of the rule. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of this direct final rule is available by filing a petition for 
review in the U.S. Court of Appeals for the District of Columbia 
Circuit by June 26, 2001. Under section 307(b)(2) of the CAA, the 
requirements that are the subject of this direct final rule may not be 
challenged later in civil or criminal proceedings brought by the EPA to 
enforce these requirements.
    The EPA is publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comment. However, in the ``Proposed Rule'' section of today's Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the extension of the compliance dates 
specified in 40 CFR 63.1311(b) and (d)(6) for polyethylene 
terephthalate (PET) affected sources if adverse comments are filed. 
This rule will be effective on April 27, 2001 without further notice, 
unless we receive adverse comment by March 28, 2001. If the EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. 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.

I. Background and Rationale

    On September 12, 1996, we promulgated NESHAP for Group IV Polymers 
and Resins as subpart JJJ in 40 CFR part 63. Section 63.1331 
establishes standards for equipment leaks based on the equipment leaks 
provisions from the Hazardous Organic NESHAP (HON), 40 CFR part 63, 
subpart H. The final rule required existing sources to comply with 40 
CFR 63.1331 beginning March 12, 1997.
    Subsequent to the promulgation of the Group IV Polymers and Resins 
rule, the compliance date for existing PET facilities has been extended 
to February 27, 2001. In addition, a petition was submitted by two PET 
manufacturers requesting reconsideration of the technical basis for 
estimates of emissions, emissions reductions, and costs for equipment 
leaks emissions control at PET affected sources. A second petition was 
subsequently filed by a third PET manufacturer requesting the same 
relief. We elected to act upon the petitioners' requests to reconsider 
the equipment leaks provisions of the

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1996 rule as it applies to PET affected sources.
    Our reconsideration has created uncertainty with regard to 
compliance requirements for the PET equipment leaks provisions. 
Furthermore, our reconsideration has led the Agency to publish in the 
Federal Register on June 8, 1999, a proposal to deny the petitions (64 
FR 30456). We are considering public comments on the proposed denial 
and will publish a final action on the petitions. Therefore, this 
period of uncertainty will continue until we publish a final decision. 
For these reasons, we are providing an extension of the compliance 
dates associated with the provisions which regulate equipment leaks for 
PET affected sources for six months to allow time to take final action 
on the petitions for reconsideration. This extension applies to 
affected sources in the following regulated subcategories: (1) PET 
using a batch dimethyl terephthalate process, (2) PET using a 
continuous dimethyl terephthalate process, (3) PET using a batch 
terephthalic acid process, and (4) PET using a continuous terephthalic 
acid process. It does not affect any other provisions of the Group IV 
Polymers and Resins rule, or any other source categories or 
subcategories.

II. Authority for Extension of the Compliance Date

    By this action, we are providing, pursuant to section 301(a)(1) of 
the CAA, an extension of the compliance dates specified in 40 CFR 
63.1311(b) and (d)(6), only as necessary to complete reconsideration 
and potential revision of the rule. We intend to complete 
reconsideration of the rule and, following the notice and comment 
procedures of section 307(d) of the CAA, take appropriate action as 
expeditiously as possible. We do not believe this extension will, as a 
practical matter, impact the overall effectiveness of the rule. We will 
seek to ensure that the affected parties are not unduly prejudiced by 
the EPA's reconsideration. The compliance dates will be extended until 
August 27, 2001.
    At the time of publication of the final decision on the petitions, 
we will establish new compliance dates as necessary to allow PET 
facilities sufficient time to comply with the final equipment leaks 
provisions of the rule.

III. Impacts

    The extension of the compliance dates for equipment leaks at PET 
affected sources will not affect the eventual annual estimated 
emissions reductions or the control cost for the rule.

IV. 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 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.
    This direct final rule does not fall within any of the four 
categories described above. Instead, the direct final rule will provide 
an extension of the compliance dates specified in 40 CFR 63.1311(b) and 
(d)(6) for PET affected sources. The direct final rule does not add any 
additional control requirements. This direct final rule was determined 
to be ``non-significant'' under Executive Order 12866 and was not 
submitted for review 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 direct final rule 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 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. Consultation With Tribal Governments

    On November 6, 2000, the President issued Executive Order 13175 (65 
FR 67249) entitled, ``Consultation and Coordination with Indian Tribal 
Governments.'' Executive Order 13175 took effect on January 6, 2001, 
and revokes Executive Order 13084 (Tribal Consultation) as of that 
date. The EPA developed this final rule, however, during the period 
when Executive Order 13084 was in effect; thus, EPA addressed tribal 
considerations under Executive Order 13084. 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 direct final rule 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.

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

    Executive Order 13045 (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 direct final rule does not 
contain a Federal 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. This action does not 
impose any enforceable duties on State, local, or tribal governments, 
i.e., they own or operate no sources subject to the Group IV Polymers 
and Resins NESHAP and therefore are not required to purchase control 
systems to meet the requirements of the NESHAP. Regarding the private 
sector, today's action will not add any additional control 
requirements. Thus, today's action is not subject to the requirements 
of sections 202 and 205 of the UMRA.
    We have also determined that this action contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. This action does not impose any enforceable duties on 
small governments, i.e., they own or operate no sources subject to the 
NESHAP and, therefore, are not required to purchase control systems to 
meet the requirements of the NESHAP.

F. Regulatory Flexibility

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this direct final 
rule. The EPA has also determined that this direct final rule will not 
have a significant impact on a substantial number of small entities 
because no small entities are subject to the NESHAP.

G. Paperwork Reduction Act

    For the Group IV Polymers and Resins NESHAP, the information 
collection requirements were submitted to 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 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 burden 
estimates have 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, Sec. 12(d) (15 U.S.C. 272 
note), directs the EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices, etc.) that are developed or 
adopted by voluntary consensus standard bodies. The NTTAA requires the 
EPA to provide Congress, through OMB, explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards.
    The Group IV Polymers and Resins NESHAP includes technical 
standards. Therefore, the EPA searched for applicable voluntary 
consensus standards by searching the National Standards System Network 
(NSSN) database. The NSSN is an automated service provided by the 
American National Standards Institute for identifying available 
national and international standards.
    The EPA searched for methods potentially equivalent to the methods 
required by the Group IV Polymers and Resins NESHAP, all of which are 
methods previously promulgated by the EPA. The NESHAP includes methods 
that measure: (1) determination of excess air correction factor (%O2) 
(EPA Method 3B); (2) sampling site location (EPA Method 1 or 1A); (3) 
volumetric flow rate (EPA Methods 2, 2A, 2C, or 2D); (4) gas analysis 
(EPA Method 3); (5) stack gas moisture (EPA Method 4); (6) 
concentration of organic Hazardous Air Pollutants (EPA Method 18 or 
25A); and (7) organic compound equipment leaks (EPA Method 21). These 
EPA methods are found in appendix A to 40 CPR part 60.
    No potentially equivalent methods for the methods in the rule were 
found in the NSSN database search, and none were brought to our 
attention in comments on the proposed denial of the

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petitions. Therefore, the EPA has decided to use the methods listed 
above.

I. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. Sec. 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. Sec. 804(2). This direct final rule will be effective on April 
27, 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: February 20, 2001.
Christine T. Whitman,
Administrator.

    For the reasons set out in the preamble, part 63 of Chapter I of 
title 40 of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

Subpart JJJ--[Amended]

    2. Section 63.1311 is amended by revising paragraphs (b) and (d)(6) 
to read as follows:


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

* * * * *
    (b) New affected sources that commence construction or 
reconstruction after March 29, 1995 shall be in compliance with this 
subpart upon initial start-up or September 12, 1996, whichever is 
later, as provided in Sec. 63.6(b), except that new affected sources 
whose primary product, as determined using the procedures specified in 
Sec. 63.1310(f), is PET shall be in compliance with Sec. 63.1331 upon 
initial start-up or August 27, 2001, whichever is later.
* * * * *
    (d) * * *
    (6) Notwithstanding paragraphs (d)(1) through (5) of this section, 
existing affected sources whose primary product, as determined using 
the procedures specified in Sec. 63.1310(f), is PET shall be in 
compliance with Sec. 63.1331 no later than August 27, 2001.
* * * * *
[FR Doc. 01-4652 Filed 2-23-01; 8:45 am]
BILLING CODE 6560-50-P