[Federal Register Volume 67, Number 56 (Friday, March 22, 2002)]
[Proposed Rules]
[Pages 13504-13505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6976]



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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 Pesticide 
Active Ingredient Production; Proposed Rule

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

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7162-6]
RIN 2060-AJ34


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 
complying with the rule. Under the promulgated rule, existing affected 
sources would be required to be in compliance by June 23, 2002. With 
this action, existing sources will be required to be in compliance with 
the rule by December 23, 2003.
    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 the change as noncontroversial and 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: Written comments must be received by April 22, 2002.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in 
duplicate if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention Docket Number A-95-20, U.S. EPA, 1200 
Pennsylvania Avenue, NW., Washington DC 20460. In person or by courier, 
deliver comments (in duplicate if possible) to: Air and Radiation 
Docket and Information Center (6102), Attention Docket Number A-95-20, 
U.S. EPA, 401 M Street, SW., Washington DC 20460. A separate copy of 
each public comment must also be sent to the contact person listed in 
FOR FURTHER INFORMATION CONTACT.
    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 (C504-04), U.S. EPA, Research 
Triangle Park, North Carolina 27711, 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. All 
comments and data 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 (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
                                                                                      herbicides, insecticides,
                                                                                      or fungicides.
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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 compliance date from June 23, 2002 
to December 23, 2003. 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 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. 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 significant impact because the 
proposed amendment merely extends the compliance date for such 
regulated entities and therefore 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: March 19, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-6976 Filed 3-21-02; 8:45 am]
BILLING CODE 6560-50-P