[Federal Register Volume 66, Number 225 (Wednesday, November 21, 2001)]
[Proposed Rules]
[Pages 58425-58427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29068]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7106-2]


National Emission Standards for Hazardous Air Pollutants for 
Pesticide Active Ingredient Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendment.

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SUMMARY: The EPA is proposing to amend the national emission standards 
for hazardous air pollutants (NESHAP) for Pesticide Active Ingredient 
(PAI) Production. This action changes the deadline for existing sources 
submitting precompliance plans. Rather than requiring the precompliance 
plans 6 months in advance of the compliance date, the amended rule will 
require the plans 3 months in advance. Under the promulgated rule, 
precompliance plans for existing sources would be due December 23, 
2001. With this action, these plans will be due by March 23, 2002.
    In the ``Rules and Regulations'' section of this Federal Register, 
we are making this change in a direct final rule without prior proposal 
because we view it as minor and noncontroversial, and we anticipate no 
adverse comments. We have explained our reasons for this change 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 we receive an adverse comment on the revised 
definition, we will publish a timely withdrawal of the direct final 
rule, and it will not take effect. If we receive adverse comment, we 
will respond to all such 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 December 6, 2001.

ADDRESSES: Comments. Written comments should be submitted (in 
duplicate, if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention Docket Number A-95-20, Room M-1500, U.S. EPA, 
1200 Pennsylvania Avenue, NW, Washington, DC 20460. A separate copy of 
each public comment must also be sent to the contact person listed 
below in FOR FURTHER INFORMATION CONTACT. Comments may also be 
submitted electronically by following the instructions provided in 
SUPPLEMENTARY INFORMATION.
    Docket. Docket No. A-95-20 contains supporting information used in 
developing the NESHAP. 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. Randy McDonald, Organic Chemicals 
Group, Emission Standards Division (Mail Code C504-04), U.S. EPA, 
Research Triangle Park, North Carolina 27711 (express packages to 4930 
Old Page Road, Research Triangle Park, North Carolina 27709), telephone 
number (919) 541-5402, 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

[[Page 58426]]

submitted in electronic form must note the docket number A-95-20. 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: Mr. Randy McDonald, c/o 
OAQPS Document Control Officer (MD-C404-02), U.S. EPA, Research 
Triangle Park, NC 27709. 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 EPA, the information may be made available to the public 
without further notice to the commenter.
    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.) 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.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposed rule will also be available through 
the WWW. Following signature, a copy of this action will be posted on 
the EPA's Technology Transfer Network (TTN) policy and guidance page 
for newly proposed or promulgated rules 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 regulated
               Category                      NAICS codes               SIC codes                 entities
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Industry.............................  Typically, 325199 and    Typically, 2869 and       Producers of
                                        325320.                  2879.                    pesticide active
                                                                                          ingredients that
                                                                                          contain organic
                                                                                          compounds that are
                                                                                          used in herbicides,
                                                                                          insecticides, or
                                                                                          fungicides.
                                                                                          Producers of
                                                                                          any integral
                                                                                          intermediate used in
                                                                                          onsite production of
                                                                                          an active ingredient
                                                                                          used in an herbicide,
                                                                                          insecticide, or
                                                                                          fungicide.
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers likely to be interested in the proposed revisions to 
the regulation affected by this action. To determine whether your 
facility, company, business, organization, etc., is regulated by this 
action, you should carefully examine all of the applicability criteria 
in 40 CFR part 63, subpart MMM. If you have questions regarding the 
applicability of this proposed amendment to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

I. What Action Is EPA Proposing?

    This proposal would change the date that the precompliance plan 
must be submitted from 6 months prior to the compliance date to 3 
months prior to the compliance date. For further information, please 
see the information provided in the direct final rulemaking notice 
located in the ``Rules and Regulations'' section of today's Federal 
Register.

II. 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 impacts of 
this proposed rule amendment on small entities, a small entity is 
defined as: (1) A small business in the North American Industrial 
Classification System (NAICS) code 325320 that has as many as 500 
employees; (2) a small business in NAICS code 325199 that has as many 
as 1,000 employees; (3) 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 (4) 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 
amendment on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
In determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact on small entities'' (5 U.S.C. sections 603 and 604). 
Thus, an agency may conclude that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves burden, or otherwise has a positive economic effect on all of 
the small entities subject to the rule. The EPA has determined that 
none of the small entities will experience a

[[Page 58427]]

significant impact because the proposed amendment imposes no additional 
regulatory requirements on owners or operators of affected sources.
    For information regarding other administrative requirements for 
this action, please see the direct 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: November 16, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-29068 Filed 11-20-01; 8:45 am]
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