[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Proposed Rules]
[Pages 19369-19371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7405]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2004-0411; AD-FRL-7898-9]
RIN 2060-AK80


National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Generic Maximum Achievable Control Technology 
Standards; and National Emission Standards for Ethylene Manufacturing 
Process Units: Heat Exchange Systems and Waste Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rules; amendments.

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SUMMARY: The EPA is proposing to amend the National Emissions Standards 
for Hazardous Air Pollutants for Source Categories: Generic Maximum 
Control Technology Standards which were promulgated in June 1999 (64 FR 
34863), and the National Emission Standards for Ethylene Manufacturing 
Process Units: Heat Exchange Systems and Waste Operations which were 
promulgated in July 2002 (67 FR 46258). The proposed amendments would 
clarify the compliance requirements for benzene waste streams, clarify 
the requirements for heat exchangers and heat exchanger systems, and 
stipulate the provisions for offsite waste transfer in the national 
emission standards for ethylene process units. The proposed amendments 
would also correct the regulatory language that make emissions from 
ethylene cracking furnaces during decoking operations an exception to 
the provisions and delineate overlapping requirements for storage 
vessels and transfer racks.
    In addition, the proposed amendments would also correct errors in 
the proposed rule for the Acrylic and Modacrylic Fiber Production 
source category which were not corrected as indicated in the preamble 
to the June 1999 final rule (64 FR 34863).
    In the Rules and Regulations section of this Federal Register, we 
are taking direct final action on the proposed amendments because we 
view these revisions as noncontroversial and anticipate no adverse 
comments. We have explained our reasons for the amendments in the 
direct final rules. If we have no adverse comments, we will take no 
further action on the proposed amendments. If we receive adverse 
comments, we will withdraw only those amendments on which we receive 
adverse comments. We will publish a timely withdrawal in the Federal 
Register indicating which amendments will become effective and which 
amendments are being withdrawn. If all or part of the direct final 
rules in the Rules and Regulations section of this Federal Register is 
withdrawn, all comments pertaining to those amendments will be 
addressed in a subsequent final rulemaking based on these proposed 
amendments. We will not institute a second comment period on the 
subsequent final action. Any parties interested in commenting must do 
so at this time.

DATES: Comments. Written comments must be received on or before May 31, 
2005.
    Public Hearing. If anyone contacts us by April 20, 2005 requesting 
to speak at a public hearing, we will hold a public hearing on April 
28, 2005. If a public hearing is held, it will be held at EPA's RTP 
Campus in Research Triangle Park, NC, or an alternate site nearby. 
Persons interested in attending the public hearing should contact Ms. 
Dorothy Apple at (919) 541-4487 to verify that a hearing will be held 
and its location.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2004-
0411, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1741.
     Mail: EPA Docket Center, Environmental Protection Agency, 
Mailcode: 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. 
Please include a duplicate copy, if possible.
     Hand Delivery: Air and Radiation Docket, Environmental 
Protection Agency, 1301 Constitution Avenue, NW., Room B-108, 
Washington, DC 20460. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    We request that a separate copy also be sent to the contact person 
listed below (see FOR FURTHER INFORMATION CONTACT).

[[Page 19370]]

    Instructions: Direct your comments to Docket ID No. OAR-2004-0411. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov Web sites are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through EDOCKET or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102).
    Submitting CBI. Do not submit information that you consider to be 
CBI electronically through EDocket, regulations.gov, or e-mail. Send or 
deliver information identified as CBI to only the following address: 
Mr. Warren Johnson, c/o OAQPS Document Control Officer (Room C439-01), 
U.S. EPA, Research Triangle Park, 27711, Attention Docket ID No. OAR-
2004-0411. Clearly mark the part or all of the information that you 
claim to be CBI. For CBI information in a disk or CD-ROM that you mail 
to EPA, mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    Dockets. The docket number for the amendments to these standards is 
OAR-2004-0411. Other dockets incorporated by reference include Docket 
Nos. A-97-17 and A-97-18 for the Generic MACT, and A-98-22 for the 
emissions standards for ethylene production. The docket includes 
background information and supported the proposal and promulgation of 
the Generic MACT standards (40 CFR part 63, subparts XX and YY).
    All documents in the docket are listed in the EDOCKET index at 
http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the EPA Docket Center (EPA/DC), EPA West Building, Room B102, 
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the EPA Docket Center is 
(202) 566-1742.
    Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the Federal Register 
listings at http://www.epa.gov/edocket/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the docket facility identified above. Once in 
the system, select ``search,'' then key in the appropriate docket 
identification number.
    Worldwide Web (WWW). In addition to being available in the docket, 
electronic copies of recently proposed and final rules will also be 
available on the WWW through EPA's Technology Transfer Network (TTN). 
Following signature, a copy of these direct final rules will be posted 
on the TTN's policy and guidance page for newly proposed or promulgated 
rules at 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.

FOR FURTHER INFORMATION CONTACT: Mr. Warren Johnson, Organic Chemicals 
Group, Emission Standards Division (C504-04), Office of Air Quality 
Planning and Standards, EPA, Research Triangle Park, NC 27711; 
telephone number (919) 541-5124; facsimile number (919) 541-3470; 
electronic mail (e-mail) address [email protected]. For 
information concerning corrections to the Acrylic/Modacrylic Fiber 
Production source category of the Generic MACT, contact Ms. Ellen 
Wildermann; Policy, Planning and Standards Group; Emission Standards 
Division (C439-04), Office of Air Quality Planning and Standards, EPA, 
Research Triangle Park, North Carolina 27711, (919) 541-5408, e-mail 
address [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. The entities potentially 
affected by this action include the following categories of sources:

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                                                         Examples of
          Category              NAICS     SIC code       potentially
                                 code                regulated entities
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Industrial..................     325110       2869  Producers of
                                                     ethylene from
                                                     refined petroleum
                                                     or liquid
                                                     hydrocarbons.
                                   3252       2824  Producers of either
                                                     acrylic fiber or
                                                     modacrylic fiber
                                                     synthetics composed
                                                     of acrylonitrile
                                                     (AN) units.
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. Not all facilities listed classified under the NAICS code or 
SIC code are affected. To determine

[[Page 19371]]

whether your facility is affected by this action, you should examine 
the applicability criteria in Sec.  63.1100 of the final generic MACT 
standards. If you have any questions regarding the applicability of 
these technical corrections to a particular entity, contact the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section. For 
further information on these proposed rules, please see the information 
provided in the direct final rules action that is located in the 
``Rules and Regulations'' section of this Federal Register publication.

Statutory and Executive Order Reviews

Regulatory Flexibility Act

    The Regulatory Flexibility Act (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 significant economic impact on a substantial number 
of small entities. Small entities include small businesses, small 
organizations, and small governmental jurisdictions. EPA has determined 
that it is not necessary to prepare a regulatory flexibility analysis 
in connection with the proposed rule amendments.
    For purposes of assessing the impacts of the proposed rule 
amendments on small entities, a small entity is defined as: (1) A small 
business in the North American Industrial Classification System (NAICS) 
code 325 that has up to 500; (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 proposed rule 
amendments on small entities, I certify that this action will not have 
a significant economic impact on a substantial number of small 
entities. The proposed rule amendments will not impose any requirements 
on small entities. The proposed rule amendments provide clarifications 
and corrections to previously issued rules. Before promulgating the 
rule on acrylic and modacrylic fiber production in 1999 (64 FR 34863), 
we concluded that each standard applied to five or fewer major sources. 
In addition, we conducted a limited assessment of the economic effect 
of the proposed standards on small entities that showed no adverse 
economic effect for any small entities within any of these source 
categories. Similarly, before promulgating the rules on ethylene 
production in 2002 (67 FR 46258), we determined that there were no 
small entities affected by those rules.
    For a discussion of other administrative requirements for the 
proposed rules, see the direct final rules action in the Rules and 
Regulations section of today's Federal Register.

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: April 7, 2005.
Stephen L. Johnson,
Acting Administrator.
[FR Doc. 05-7405 Filed 4-12-05; 8:45 am]
BILLING CODE 6560-50-P