[Federal Register Volume 67, Number 56 (Friday, March 22, 2002)]
[Rules and Regulations]
[Pages 13514-13515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6974]



[[Page 13513]]

-----------------------------------------------------------------------

Part VI





Environmental Protection Agency





-----------------------------------------------------------------------



40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Pesticide 
Active Ingredient Production; Good Cause Final Rule

  Federal Register / Vol. 67, No. 56 / Friday, March 22, 2002 / Rules 
and Regulations  

[[Page 13514]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7162-7]
RIN 2060-AJ34


National Emission Standards for Hazardous Air Pollutants for 
Pesticide Active Ingredient Production; Good Cause Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendment.

-----------------------------------------------------------------------

SUMMARY: We are taking final action to amend the national emission 
standards for hazardous air pollutants (NESHAP) for Pesticide Active 
Ingredient (PAI) Production. This amendment will extend the compliance 
date as currently promulgated for existing sources subject to the PAI 
NESHAP by 60 days. Without this amendment, the compliance date under 
the rule would be June 23, 2002. With this action, existing sources 
will be required to comply with the rule by August 22, 2002.

DATES: March 22, 2002.

ADDRESSES: Docket No. A-95-20 contains supporting information used in 
developing the PAI Production 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:
    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).) 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 action 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:

----------------------------------------------------------------------------------------------------------------
                                                                                          Examples of regulated
               Category                      NAICS codes               SIC codes                 entities
----------------------------------------------------------------------------------------------------------------
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 herbicides,
                                                                                          insecticides, or
                                                                                          fungicides.
----------------------------------------------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a 
guide for readers likely to be interested in the 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 the amendment 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 rule is available only by filing a petition for review 
in the U.S. Court of Appeals for the District of Columbia by May 21, 
2002.

I. What Amendment Are We Making to the Rule?

    Today's action extends the compliance deadline for existing sources 
under the PAI NESHAP by 60 days. Without this amendment, 40 CFR 
63.1364(a)(1) would require existing affected sources to comply with 
the provisions of subpart MMM by June 23, 2002. With today's action, 
existing sources must be in compliance by August 22, 2002.
    This amendment will result in deferring the deadline for submitting 
precompliance plans pursuant to 40 CFR 63.1368(e). Sources are required 
to submit these precompliance plans 3 months prior to the compliance 
date of the standard (66 FR 58393, November 21, 2001). Without this 
amendment, precompliance plans would be due March 23, 2002. As a result 
of this amendment, precompliance plans will now be due May 22, 2002, 
unless and until the compliance deadline is further extended.

II. Why Are We Amending the Rule?

    We are promulgating an interim 60-day extension of the compliance 
deadline for the PAI NESHAP in order to avoid unnecessary and 
potentially confusing submittals of the precompliance plans currently 
due March 23, 2002. Submittal of the precompliance plans on March 23, 
2002 would be premature and unnecessary because EPA is currently in the 
process of proposing amendments to the PAI NESHAP, including an 
extension of the compliance deadline. These other amendments are the 
result of a settlement agreement between EPA and the American Crop 
Protection Association (ACPA) and BASF

[[Page 13515]]

Corporation signed January 18, 2002.\1\ Under the settlement agreement, 
EPA is to take final action on the proposed amendments by September 6, 
2002.
---------------------------------------------------------------------------

    \1\ Notice of this agreement was published in the Federal 
Register pursuant to the requirements of CAA section 113(g) on 
February 4, 2002 (67 FR 5116).
---------------------------------------------------------------------------

    Pursuant to the settlement agreement, EPA is publishing a direct 
final rulemaking and parallel proposal that would extend the compliance 
deadline in 40 CFR 63.1364(a)(1) to December 23, 2003. These actions, 
however, will not be effective before March 23, 2002.
    Thus, in order to minimize confusion and potentially unnecessary 
paperwork, we believe an immediate short-term extension of the 
compliance deadline is necessary while the direct final rulemaking 
process is completed.

III. Why Are We Relying on the Good Cause Exemption to Promulgate 
This Final Rule?

    Clean Air Act section 307(d) generally requires EPA to provide 
notice and an opportunity for public comment on actions promulgating or 
revising regulations under CAA section 112(d). Section 307(d)(2), 
however, exempts rulemakings where the Agency, pursuant to section 
553(b)(B) of the Administrative Procedure Act (5 U.S.C. 553(b)(B)), 
finds for good cause that notice and comment are impracticable, 
unnecessary, or contrary to the public interest.
    The EPA finds that good cause is warranted to forgo notice and 
opportunity for comment for this action to provide a short, interim 
extension of the compliance deadline. The EPA is publishing a direct 
final rule and parallel proposal to extend the compliance deadline 
further, but the public review process will not be completed before the 
current March 23, 2002 precompliance plan deadline. The EPA believes it 
is in the interest of all parties to avoid the unnecessary paperwork 
burden associated with submitting precompliance plans that need to be 
revised and resubmitted if the PAI NESHAP are amended according to the 
settlement agreement with ACPA and BASF. The interim extension is of 
limited duration to allow EPA time to complete the public review 
process on the direct final rule extending the compliance deadline to 
December 23, 2003.

IV. What Are the Administrative Requirements for This Final Rule?

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. Because the 
EPA has made a ``good cause'' finding that this action is not subject 
to notice and comment requirements under the Administrative Procedure 
Act or any other statute (see Summary), it is not subject to the 
regulatory flexibility provisions of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded 
Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). In addition, 
this action does not significantly or uniquely affect small governments 
or impose a significant intergovernmental mandate as described in 
sections 203 and 204 of UMRA. This final rule also does not 
significantly or uniquely affect the communities of tribal governments, 
as specified by Executive Order 13175 (65 FR 67249, November 6, 2000). 
This final rule does not have substantial direct effects on the States, 
on the relationship between the national government and the States, as 
specified in Executive Order 13132 (64 FR 43255, August 10,1999). This 
final rule also is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it is not economically significant.
    This final rule amendment does not involve technical standards; 
thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
This final rule amendment also does not involve special consideration 
of environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). This final rule amendment does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This direct 
final rule amendment is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866. The EPA's 
compliance with these statutes and Executive Orders for the underlying 
rule is discussed in the June 23, 1999 final rule (64 FR 33550).
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the 
Congressional Review Act if the agency makes a good cause finding that 
notice and public procedure is impracticable, unnecessary, or contrary 
to the public interest. This determination must be supported by a brief 
statement (5 U.S.C. 808(2)). As stated previously, the EPA has made 
such a good cause finding, including the reasons therefor, and 
established an effective date of March 22, 2002. 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. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

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: March 19, 2002.
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 MMM--National Emission Standards for Hazardous Air 
Pollutants for Pesticide Active Ingredient Production

    2. Section 63.1364 is amended by revising the paragraph (a)(1) as 
follows:


Sec. 63.1364  Compliance dates.

    (a) Compliance dates for existing sources. (1) An owner or operator 
of an existing affected source must comply with the provisions in this 
subpart by August 22, 2002.
* * * * *
[FR Doc. 02-6974 Filed 3-21-02; 8:45 am]
BILLING CODE 6560-50-P