[Federal Register Volume 66, Number 213 (Friday, November 2, 2001)]
[Rules and Regulations]
[Pages 55844-55847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27593]



[[Page 55843]]

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Part IV





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Source 
Categories: Generic Maximum Achievable Control Technology Standards; 
Final Rule

  Federal Register / Vol. 66, No. 213 / Friday, November 2, 2001 / 
Rules and Regulations  

[[Page 55844]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-7095-6]


National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Generic Maximum Achievable Control Technology 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendments.

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SUMMARY: On June 29, 1999, we issued the National Emission Standards 
for Hazardous Air Pollutants for Source Categories: Generic Maximum 
Achievable Control Technology Standards (64 FR 34854). On November 22, 
1999 (64 FR 63779), we proposed minor amendments to the June 29, 1999 
promulgated rule concerning the regulation of surge control vessels and 
bottoms receiver vessels. These final amendments are necessary to 
correct discrepancies between the promulgated rule and our intent.

EFFECTIVE DATE: November 2, 2001.

ADDRESSES: Docket No. A-97-17 contains supporting information used in 
developing these amendments to the Generic MACT rulemaking subpart (40 
CFR part 63, subpart YY). The docket is located at the U.S. EPA, 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.

FOR FURTHER INFORMATION CONTACT: Mr. David W. Markwordt, Policy, 
Planning, and Standards Group, Emission Standards Division (MD-13), 
U.S.EPA, Research Triangle Park, North Carolina 27711, telephone number 
(919) 541-0837, facsimile (919) 541-0942, electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:
    Docket. The docket is an organized and complete file of all the 
information considered by 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). 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 final rule will also be available on the 
WWW through the EPA's Technology Transfer Network (TTN). Following 
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. Categories and entities potentially affected by 
this action include:

----------------------------------------------------------------------------------------------------------------
                 Category                    SIC \a\     NAICS \b\                Regulated entities
----------------------------------------------------------------------------------------------------------------
Industry.................................         2869       325199  Producers of homopolymers and/or copolymers
                                                                      of, alternating oxymethylene units.
                                                                     Producers of either acrylic fiber or
                                                                      modacrylic fiber synthetics composed of
                                                                      acrylonitrile (AN) units.
                                                                     Producers of polycarbonate.
Industry.................................         2819       325188  Producers of, and recoverers of, HF by
                                                                      reacting calcium fluoride with sulfuric
                                                                      acid. For the purpose of implementing the
                                                                      rule, HF production is not a process that
                                                                      produces gaseous HF for direct reaction
                                                                      with hydrated aluminum to form aluminum
                                                                      fluoride (i.e., the HF is not recovered as
                                                                      an intermediate or final product prior to
                                                                      reacting with the hydrated aluminum).
----------------------------------------------------------------------------------------------------------------
\a\ Standard Industrial Classification.
\b\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in Sec. 63.1103(a)(1), 
(b)(1), (c)(1), and (d)(1) of the rule.
    Judicial Review. Under section 307(b) of the CAA, judicial review 
of these final amendments is available only by filing a petition for 
review in the United States Court of Appeals for the District of 
Columbia Circuit by January 2, 2002. Under section 307(d)(7)(B) of the 
CAA, only an objection to these amendments which was raised with 
reasonable specificity during the period for public comment can be 
raised during judicial review. Moreover, under section 307(b)(2) of the 
CAA, the requirements established by today's final action may not be 
challenged separately in any civil or criminal proceeding we bring to 
enforce these requirements.

I. What Is the Background for the Amendments?

    On June 29, 1999 (64 FR 34854), we published the National Emission 
Standards for Hazardous Air Pollutants for Source Categories: Generic 
Maximum Achievable Control Technology Standards, which promulgated 
standards for four major hazardous air pollutants (HAP) source 
categories (i.e., acetal resins (AR) production, acrylic and modacrylic 
fiber (AMF) production, hydrogen fluoride (HF) production, and 
polycarbonate (PC) production). On November 22, 1999, we proposed 
amendments to the June 29, 1999 promulgated rule concerning the 
regulation of surge control vessels and bottoms receiver vessels (64 FR 
63779). The proposed amendments changed the definition of ``storage 
vessel'' to include bottoms receivers and surge control vessels and 
changed the definition of ``equipment'' to not include bottoms 
receivers and surge control vessels. These amendments were necessary to 
correct discrepancies between the promulgated rule and our intent.
    We received one comment on the proposed amendments. The commenter

[[Page 55845]]

stated that if the proposed amendments are finalized, acetal resins 
production surge control vessels and bottoms receivers that are part of 
the front-end process of the process train (and treated as front-end 
process vents in the promulgated rule) would be required to install 
additional controls beyond those determined to be maximum achievable 
control technology (MACT) for these sources. The commenter explained 
that when determining MACT for front-end process vents, the EPA 
intentionally identified surge control vessels and bottoms receivers 
that are part of the front-end of the process train as front-end 
process vents.
    When we proposed the amendments to the definition of ``storage 
vessel,'' we had no intention of changing the requirements for acetal 
resins production surge control vessels and bottoms receivers that are 
part of the front-end process of the process train. Therefore, we are 
finalizing amendments that maintain the requirements for acetal resins 
production front-end process vents (including surge control vessels and 
bottoms receivers that are part of the front-end process) as 
promulgated and intended.
    For acetal resins production, we are requiring that bottoms 
receivers and surge control vessels that are part of the front-end 
process train be controlled under the acetal resins production front-
end process vent provisions. The rationale for inclusion of surge 
control vessels and bottoms receivers as part of the MACT determination 
for front-end process vents can be found in a memorandum to the docket 
supporting these amendments (Docket No. A-97-17). These final 
amendments are consistent with our intent at promulgation of the 
original standards.

II. What Are the Impacts Associated With These Amendments?

    This action consists of a clarification of our intent at the time 
of promulgation of 40 CFR part 63, subpart YY, and will not affect the 
estimated emissions reductions or the control costs for the standards 
promulgated for AR, AMF, HF, and PC production source categories on 
June 29, 1999 (64 FR 34854). This clarification makes it easier for 
owners and operators of affected sources, and for local and State 
authorities, to understand and implement the requirements of 40 CFR 
part 63, subpart YY.

III. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. 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 
this Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that these final rule amendments do not constitute a 
``significant regulatory action'' under the terms of Executive Order 
12866. Consequently, this action was not submitted to OMB for review 
under Executive Order 12866.

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.''
    Under Executive Order 13132, the EPA may not issue a regulation 
that has federalism implications, that imposes substantial direct 
compliance costs, and that is not required by statute, unless the 
Federal Government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or the EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has federalism implications and that preempts State law 
unless the Agency consults with State and local officials early in the 
process of developing the regulation.
    The EPA has concluded that these final rule amendments 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. Thus, the requirements of 
section 6 of the Executive Order do not apply to these amendments.

C. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 entitled, ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    These final rule amendments do not have tribal implications. They 
will not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified in Executive Order 13175. No 
tribal governments own or operate facilities that will be subject to 
this final rule. Thus, Executive Order 13175 does not apply to these 
final amendments.

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 the 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

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the planned rule on children and explain why the planned rule is 
preferable to other potentially effective and reasonable alternatives 
considered by the EPA.
    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. These final rule amendments 
are not subject to Executive Order 13045 because they are based on 
technology performance and not on safety risks. Furthermore, these 
amendments have been determined not to be ``economically significant'' 
as defined under Executive Order 12866.

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, the 
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 by State, local, and tribal 
governments, in aggregate, or by 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 the 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 as to why 
that alternative was not adopted. Before the 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 these final rule amendments do 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. There is no cost 
associated with these amendments. Thus, today's amendments are not 
subject to the requirements of sections 202 and 205 of the UMRA. In 
addition, the EPA has determined that these final amendments do not 
contain regulatory requirements that might significantly or uniquely 
affect small governments because they do not contain requirements that 
apply to such governments or impose obligations upon them. Therefore, 
today's final amendments are not subject to the requirements of section 
203 of the UMRA.
    Because these final rule amendments do not include a Federal 
mandate and are estimated to result in expenditures less than $100 
million in any 1 year by State, local, and tribal governments, the EPA 
has not prepared a budgetary impact statement or specifically addressed 
the selection of the least costly, most cost-effective, or least 
burdensome alternative. Therefore, the requirements of the UMRA do not 
apply to this action.

F. 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 EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with today's final rule 
amendments. Because there is no cost associated with these amendments, 
the EPA has also determined that today's final rule amendments will not 
have a significant economic impact on a substantial number of small 
entities. For purposes of assessing the impacts of today's final rule 
amendments on small entities, small entities are defined as: (1) A 
small business that has fewer than 500 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.
    After considering the economic impacts of today's final rule 
amendments on small entities, the EPA has concluded that this action 
will not have a significant impact on a substantial number of small 
entities.

G. Paperwork Reduction Act

    The OMB approved the information collection requirements under the 
Generic MACT rule for the AR, AMF, HF, and PC production source 
categories and assigned the OMB control number 2060-0420 to the ICR. 
This approval expires September 30, 2002.
    A copy may be obtained from Sandy Farmer by mail at the Collection 
Strategies Division (2822), Office of Environmental Information, U.S. 
EPA, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, by e-mail at 
[email protected], or by calling (202) 260-2740. A copy may also be 
downloaded off the Internet at http://www.epa.gov/icr.
    These final rule amendments will not impact the information 
collection estimates made previously for the Generic MACT consolidated 
rulemaking package. Therefore, the ICR has not been revised.

H. National Technology Transfer and Advancement Act

    As noted in the proposed amendments, section 12(d) of the National 
Technology Transfer and Advancement Act (NTTAA) of 1995, (Public Law 
No. 104-113) (15 U.S.C. 272 note), directs EPA to use voluntary 
consensus 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., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies. The NTTAA directs EPA to provide Congress, through 
OMB, explanations when the Agency decides not to use available and 
applicable voluntary consensus standards. These final rule amendments 
do 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 
these amendments 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

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amendments in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. These 
final rule amendments do not constitute a ``major rule'' as defined by 
5 U.S.C. 804(2). These amendments will be effective November 2, 2001.

J. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    These amendments are not subject to Executive Order 13211 (66 FR 
28355, May 22, 2001) because they do not constitute a significant 
regulatory action under Executive Order 12866.

List of Subjects for 40 CFR Part 63

    Environmental protection, Acetal resins production, Acrylic and 
modacrylic fiber production, Air emissions control, Administrative 
practice and procedures, Hazardous air pollutants, Hydrogen fluoride 
production, Intergovernmental relations, Polycarbonate production, 
Process vents, Recordkeeping and reporting requirements, Storage 
vessels.

    Dated: October 24, 2001.
Christine Todd Whitman,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part 
63 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 YY--[Amended]

    2. Section 63.1101 is amended by revising the definitions for 
``equipment'' and ``storage vessel'' to read as follows:


Sec. 63.1101  Definitions.

* * * * *
    Equipment means each of the following that is subject to control 
under this subpart: pump, compressor, agitator, pressure relief device, 
sampling collection system, open-ended valve or line, valve, connector, 
instrumentation system in organic hazardous air pollutant service as 
defined in Sec. 63.1103 for the applicable process unit, whose primary 
product is a product produced by a source category subject to this 
subpart.
* * * * *
    Storage vessel or tank, for the purposes of regulation under the 
storage vessel provisions of this subpart, means a stationary unit that 
is constructed primarily of nonearthen materials (such as wood, 
concrete, steel, fiberglass, or plastic) that provides structural 
support and is designed to hold an accumulation of liquids or other 
materials. Storage vessel includes surge control vessels and bottoms 
receiver vessels. For the purposes of regulation under the storage 
vessel provisions of this subpart, storage vessel does not include 
vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships; or wastewater storage vessels. Wastewater 
storage vessels are covered under the wastewater provisions of 
Sec. 63.1106.
* * * * *

    3. Section 63.1103 is amended by revising paragraph (a)(1)(i)(A) to 
read as follows:


Sec. 63.1103  Source category-specific applicability, definitions, and 
requirements.

    (a) * * *
    (1) * * *
    (i) * * *
    (A) All storage vessels that store liquids containing organic HAP. 
For purposes of regulation, surge control vessels and bottoms receivers 
that are located as part of the process train prior to the polymer 
reactor are to be regulated under the front-end process vent 
provisions.
* * * * *
[FR Doc. 01-27593 Filed 11-1-01; 8:45 am]
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