[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30182-30183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11252]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2012-0360; FRL-9946-32-OAR]
RIN 2060-AR47
National Emission Standards for Hazardous Air Pollutants: Off-
Site Waste and Recovery Operations: Action Denying a Petition for
Reconsideration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of action denying a petition for reconsideration.
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SUMMARY: The Environmental Protection Agency (EPA) is providing notice
that it has responded to a petition for reconsideration of a final rule
published in the Federal Register on March 18, 2015. The rule
promulgated amendments to the National Emission Standards for Hazardous
Air Pollutants (NESHAP): Off-Site Waste and Recovery Operations (OSWRO)
based on our residual risk and technology review (RTR) conducted for
the OSWRO source category. The agency previously granted
reconsideration of one issue raised in the petition. The Administrator
denied the second issue raised in the petition in letters to the
petitioners dated May 5, 2016.
[[Page 30183]]
DATES: May 16, 2016.
FOR FURTHER INFORMATION CONTACT: Emily Seidman, U.S. EPA, Office of
General Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone (202) 564-0906; email at
[email protected].
SUPPLEMENTARY INFORMATION:
I. How can I get copies of this document and other related information?
This Federal Register document, the petition for reconsideration,
and the letters granting and denying the petition for reconsideration
are available in the docket the EPA established for the OSWRO NESHAP
under Docket ID No. EPA-HQ-OAR-2012-0360. The document identification
number for the petition for reconsideration is EPA-HQ-OAR-2012-0360-
0128. The document identification numbers for the EPA's response
letters are EPA-HQ-OAR-2012-0360-0122 and EPA-HQ-OAR-2012-0360-0123.
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 (EPA/DC), Room 3334, EPA WJC West Building, 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.
This Federal Register document, the petition for reconsideration,
and the letters granting and denying the petition can also be found on
EPA's Web site at http://www.epa.gov/ttn/atw/offwaste/oswropg.html. The
amended OSWRO NESHAP was published in the Federal Register on March 15,
2015, at 80 FR 14248.
II. Judicial Review
Section 307(b)(1) of the Clean Air Act (CAA) indicates which
Federal Courts of Appeals have venue for petitions for review of final
EPA actions. This section provides, in part, that the petitions for
review must be filed in the Court of Appeals for the District of
Columbia Circuit if: (i) The agency action consists of ``nationally
applicable regulations promulgated, or final action taken, by the
Administrator,'' or (ii) such actions are locally or regionally
applicable, if ``such action is based on a determination of nationwide
scope or effect and if in taking such action the Administrator finds
and publishes that such action is based on such a determination.''
The EPA has determined that its denial of the petition for
reconsideration is nationally applicable for purposes of CAA section
307(b)(1) because the actions directly affect the OSWRO NESHAP, which
is a nationally applicable regulation. Thus, any petitions for review
of the EPA's decision denying the petitioners' request for
reconsideration must be filed in the United States Court of Appeals for
the District of Columbia Circuit by July 15, 2016.
III. Description of Action
On March 18, 2015, the EPA promulgated a final rule amending the
OSWRO NESHAP based on the RTR conducted for the OSWRO source category.
80 FR 14248, March 18, 2015. The EPA amended the OSWRO NESHAP to revise
provisions related to emissions during periods of startup, shutdown,
and malfunction; to add requirements for electronic reporting of
performance testing; to add monitoring requirements for pressure relief
devices (PRDs); to revise routine maintenance provisions; to clarify
provisions for open-ended valves and lines and for some performance
test methods and procedures; and to make several minor clarifications
and corrections. Subsequent to publishing the final rule, the EPA
received a petition for reconsideration submitted jointly by Eastman
Chemical Company and the American Chemical Council (dated May 18,
2015). This petition sought reconsideration of two of the amended
provisions of the OSWRO NESHAP: (1) The equipment leak provisions for
connectors, and (2) the requirement to monitor PRDs on portable
containers. The EPA considered the petition and supporting information
along with information contained in the OSWRO NESHAP amendment
rulemaking docket (Docket ID No. EPA-HQ-OAR-2012-0360) in reaching a
decision on the petition. The Agency granted reconsideration of the PRD
monitoring requirement in a letter to the petitioners dated February 8,
2016. In separate letters to the petitioners dated May 5, 2016, the
Administrator denied reconsideration of the equipment leak provisions
for connectors and explained the reasons for the denial in these
letters. These letters are available in the OSWRO NESHAP amendment
rulemaking docket.
Dated: May 5, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-11252 Filed 5-13-16; 8:45 am]
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