[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Rules and Regulations]
[Pages 13514-13515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5778]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0334; FRL-9279-8]
RIN 2060-AQ89


National Emission Standards for Hazardous Air Pollutants for 
Chemical Manufacturing Area Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is issuing this final rule to stay the requirement for 
certain affected sources to comply with the title V permit program 
during the pendency of the reconsideration process. On June 15, 2010, 
EPA notified Petitioners that the Agency intended to initiate the 
reconsideration process in response to their request for 
reconsideration of certain provisions in the National Emission 
Standards for Hazardous Air Pollutants for Chemical Manufacturing Area 
Sources. Among the provisions EPA is reconsidering is a requirement 
that certain affected sources obtain a permit.
    On December 14, 2010, EPA issued a 90-day stay of the requirement 
for certain affected sources to comply with the title V permit program. 
Because we believed that the reconsideration process would not be 
completed within 90 days, we concurrently proposed to stay the 
provision requiring certain sources to obtain a permit until the final 
reconsideration rule is published in the Federal Register. After 
considering the comments received, EPA is promulgating the stay of 
compliance through this final rule.

DATES: This final rule is effective on March 14, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2008-0334. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information 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 through http://www.regulations.gov, or in hard copy at 
the EPA Docket Center, Public Reading Room, EPA West, Room 3334, 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 Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Mr. Nick Parsons, Office of Air 
Quality Planning and Standards, Sector Policies and Programs Division, 
Refining and Chemicals Group (E143-01), Environmental Protection 
Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-
5372; fax number: (919) 541-0246; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The EPA published final National Emission Standards for Hazardous 
Air Pollutants for Chemical Manufacturing Area Sources (CMAS) on 
October 29, 2009. 40 CFR part 63, subpart VVVVVV (74 FR 56008). 
Included in the final rule was a new provision that stated ``[a]ny 
source that was a major source and installed a control device on a CMPU 
\1\ after November 15, 1990, and, as a result, became an area source 
under 40 CFR part 63 is required to obtain a permit under 40 CFR part 
70 or 40 CFR part 71.'' See 40 CFR 63.11494(e).
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    \1\ Chemical Manufacturing Process Unit.
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    On February 12, 2010, the American Chemistry Council and the 
Society of Chemical Manufacturers and Affiliates (collectively referred 
to as ``Petitioners'') sought reconsideration of six provisions in the 
final rule, including the provision requiring certain sources to obtain 
a title V permit. On June 15, 2010, EPA notified Petitioners that the 
Agency intended to initiate the reconsideration process. EPA also 
separately notified Petitioners that the provision requiring certain 
sources to obtain a title V permit was among the provisions for which 
EPA would grant reconsideration.
    By letter dated October 28, 2010, Petitioners requested a stay of 
the requirement to comply with the title V permit program, specifically 
the requirement to submit a title V permit application, pending 
completion of the reconsideration process. Petitioners stated in their 
letter that they were requesting the stay because EPA has yet to 
initiate the reconsideration process, and, ``under one interpretation 
of EPA's [40 CFR part 70 and 40 CFR part 71] regulations, existing 
sources must file Title V permit applications [by] October 29, 2010.'' 
Petitioners maintained that it would be unreasonable and inequitable to 
require facilities to prepare and submit title V applications at the 
same time that EPA is reconsidering the requirement to obtain a title V 
permit.
    On December 14, 2010, we issued a 90-day stay of the requirement 
for certain sources to obtain a title V permit, and we concurrently 
proposed extending the stay beyond the 90-day period until the 
reconsideration process is completed (75 FR 77760 and 75 FR 77799). As 
explained in the proposal notice, we proposed the stay because 
facilities had no chance to comment on this new requirement in the 
final rule, and because we are reconsidering the title V permitting 
requirement. Furthermore, because we cannot pre-judge the outcome of 
the reconsideration process, we stated that a limited stay during the 
duration of the administrative reconsideration process is appropriate 
so that sources are not incurring the cost associated with applying for 
a title V permit in advance of our final decision on the issue.

II. What action is EPA taking?

    We are issuing a stay of the provision in 40 CFR 63.11494(e) that 
requires ``[a]ny source that was a major source and installed a control 
device on a CMPU after November 15, 1990, and, as a result, became an 
area source under 40 CFR part 63 is required to obtain a

[[Page 13515]]

permit under 40 CFR part 70 or 40 CFR part 71'' until the final 
reconsideration rule is published in the Federal Register.

III. What are the major comments and responses to those comments?

    We received five comments in support of the proposed stay. In 
addition, four of the commenters also provided comments objecting to 
EPA finalizing the title V permit requirement as part of our 
reconsideration. Because we received no adverse comment on the proposed 
stay of the title V permitting requirement, we are taking final action 
to extend the stay until the final reconsideration rule is published in 
the Federal Register. This action deals only with the stay. We will 
discuss and request comment on the title V permitting issue in the 
forthcoming reconsideration notice.

IV. What are the changes since proposal?

    No changes have been made to the proposed stay (75 FR 77799). Thus, 
the final rule is identical to the proposed rule.

V. What are the impacts of the final rule?

    The stay will not change the estimated environmental and cost 
impacts of the rule because it does not apply to the control 
requirements in the rule. However, the burden associated with 
conducting activities related to preparing permit applications will, at 
a minimum, be delayed for the duration of the stay.

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), and 
Executive Order 13563 (76 FR 3821, January 21, 2011), this action is 
not a ``significant regulatory action,'' and, therefore, is not subject 
to review by the Office of Management and Budget. For this reason, this 
action is also not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001). In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described in the Unfunded Mandates Reform Act of 1995 (Pub. 
L. 104-4), or require prior consultation with State officials, as 
specified by Executive Order 12875 (58 FR 58093, October 28, 1993), or 
involve special consideration of environmental justice related issues, 
as required by Executive Order 12898 (59 FR 7629, February 16, 1994). 
Pursuant to the Regulatory Flexibility Act, I certify that this action 
will not have a significant economic impact on a substantial number of 
small entities. This final rule will not impose any new requirements on 
small entities. This action also does not have Tribal implications 
because it will not have a substantial direct effect on one or more 
Indian Tribes, 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 by 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action also 
does not have Federalism implications because it does 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 (64 FR 43255, August 10, 1999). This 
action also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997). 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 action does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501, et seq.). EPA's compliance with these statutes 
and Executive Orders for the underlying rule is discussed in the 
October 29, 2009, Federal Register document.

B. Submission to Congress and the Comptroller General

    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. EPA will submit a report containing this 
notice and other required information to the United States Senate, the 
United States House of Representatives, and the Comptroller General of 
the United States prior to publication of the rule in the Federal 
Register. A major rule cannot take effect until 60 days after it is 
published in the Federal Register. The stay of these particular 
provisions in 40 CFR part 63, subpart VVVVVV is not a ``major rule'' as 
defined by 5 U.S.C. 804(2). This rule will be effective March 14, 2011.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Reporting and recordkeeping requirements.

    Dated: March 8, 2011.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.


Sec.  63.11494  [STAYED IN PART]

0
2. In Sec.  63.11494, paragraph (e) is stayed from March 14, 2011, 
until further notice.

[FR Doc. 2011-5778 Filed 3-11-11; 8:45 am]
BILLING CODE 6560-50-P