[Federal Register Volume 62, Number 135 (Tuesday, July 15, 1997)]
[Rules and Regulations]
[Pages 37720-37722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18566]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 63
[AD-FRL-5858-1]
RIN 2060-AD-56; and RIN 2060-AE-37
OMB Approval Number Under the Paperwork Reduction Act; National
Emission Standards for Hazardous Air Pollutant Emissions: Group I
Polymers and Resins; National Emission Standards for Hazardous Air
Pollutant Emissions: Group IV Polymers and Resins
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: This action corrects errors and clarifies regulatory text in
the ``National Emission Standards for Hazardous Air Pollutants: Group I
Polymers and Resins,'' (40 CFR part 63, subpart U) which was issued as
a final rule on September 5, 1996, and in the ``National Emission
Standards for Hazardous Air Pollutants: Group IV Polymers and Resins,''
(40 CFR part 63, subpart JJJ) which was issued as a final rule on
September 12, 1996.
In addition, in compliance with the Paperwork Reduction Act (PRA),
this document announces that the Information Collection Requirements
(ICR) contained in the ``National Emission Standards for Hazardous Air
Pollutants: Group I Polymers and Resins,'' final rule (61 FR 46906),
which were not previously approved under the Office of Management and
Budget (OMB), have been approved by OMB under control number 2060-0356.
The ICRs in the affected sections of the regulation are effective July
15, 1997. This action also amends the OMB approval table to list the
OMB control number issued under the PRA for the affected sections.
DATES: The correcting amendments are effective July 15, 1997.
The information collection requirements contained in the final rule
published on September 5, 1996 (61 FR 46906) are effective July 15,
1997.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Rosensteel, Organic
Chemicals Group, Emission Standards Division (MD-13), U. S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, telephone number (919) 541-5608.
SUPPLEMENTARY INFORMATION: On September 5, 1996 (61 FR 46906), the
Environmental Protection Agency (EPA) promulgated National Emission
Standards for Hazardous Air Pollutants (NESHAP) for Group I Polymers
and Resins. On September 12, 1996 (61 FR 48208), the EPA promulgated
NESHAP for Group IV Polymers and Resins. These regulations were
promulgated as subpart U and subpart JJJ of 40 CFR part 63. This
document contains corrections and clarifications related to a cross-
referencing error and oversight in the promulgated regulations.
In addition, this action amends the table of currently approved ICR
control numbers issued by OMB. Today's amendment updates the table to
list those information requirements promulgated under the National
Emission Standards for Hazardous Air Pollutants: Group I Polymers and
Resins, which appeared in the Federal Register on September 5, 1996 (61
FR 46906). The affected regulations are codified at 40 CFR part 63,
subpart U. The EPA will continue to present OMB control numbers in a
consolidated table format to be codified in 40 CFR part 9 of the
Agency's regulations, and in each CFR volume containing EPA
regulations. The table lists the section numbers with reporting and
recordkeeping requirements, and the current OMB control numbers. This
listing of the OMB control numbers and their subsequent codification in
the CFR satisfies the requirements of the Paperwork Reduction Act and
OMB's implementing regulations at 5 CFR part 1320.
This ICR was previously subject to public notice and comment prior
to OMB approval, and today's amendment simply adds this ICR to the list
of currently approved ICR control numbers. As a result, the EPA finds
that there is ``good cause'' under section 553(b)(B) of the
Administrative Procedure Act to amend this table without prior notice
and comment.
I. Description of Clarifying Changes
Both the National Emission Standards for Hazardous Air Pollutants:
Group I Polymers and Resins (40 CFR part 63, subpart U) and the
National Emission Standards for Hazardous Air Pollutants: Group IV
Polymers and Resins (40 CFR part 63, subpart JJJ) require that affected
sources follow the equipment leak provisions found in the Hazardous
Organics NESHAP, or HON (40 CFR part 63, subpart H). As promulgated on
September 5, 1996 and September 12, 1996, respectively, neither subpart
U (61 FR 46906) nor subpart JJJ (61 FR 48208) is clear about what the
requirements are for equipment leaks at affected sources that are
subject to the requirements of Secs. 63.163 and 63.168 of subpart H
(for pumps in light liquid service, valves in gas/vapor service and
valves in light liquid service), as required under Sec. 63.502 of
subpart U and Sec. 63.1331 of subpart JJJ.
Specifically, Sec. 63.163 (a) and (b) of subpart H provide
different ``phases'' (I, II, and III) of implementation of the
requirements for pumps in light liquid service. Leak definitions become
increasingly stringent over the course of the three phases. Similarly,
Sec. 63.168 (a) and (b) of subpart H have phased implementation of leak
definitions for valves in gas/vapor or light liquid service. The EPA
intended that the phased implementation of the leak definitions in 40
CFR part 63, subpart H apply to affected sources under both subparts U
and JJJ. However, due to the structure of paragraphs Sec. 63.163(a)(1)
and Sec. 63.168(a)(1), it is not clear that the three phases of
implementation of these requirements also apply to subpart U and
subpart JJJ affected sources. Because of this potential confusion, the
EPA has found it necessary to amend Sec. 63.502 and Sec. 63.1331 to
clarify that subparts U and JJJ are subject to Sec. 63.163(a)(1)(i) and
Sec. 63.168(a)(1)(i). For this reason, an explanatory paragraph was
added to both Secs. 63.502 and 63.1331, describing how subpart U and
JJJ affected sources should interpret Sec. 63.163(a)(1)(i) and
Sec. 63.168(a)(1)(i), for the purposes of this subpart. A similar edit
was necessary regarding Sec. 63.174(c)(2)(iii), and this change is also
included in the new explanatory paragraph.
Today's final rule also amends Sec. 63.485(o) of subpart U, to
clarify the EPA's intention at promulgation to exempt halogenated
front-end process vents from the requirement to control hydrogen
halides and halogens from the outlet of combustion devices at existing
affected sources that produce butyl rubber, halobutyl rubber, or
ethylene-propylene rubber. As promulgated, the rule exempts these
halogenated vents from Sec. 63.113(c) of subpart (G), which contains
the requirement that the outlet of combustion devices that are
controlling Group 1 halogenated vent streams be routed to a scrubber or
other control device. However, Sec. 63.113(a)(1)(ii) of subpart G
prohibits the control of halogenated vent streams with a flare. Since
Sec. 63.485(o) did not address Sec. 63.113(a)(1)(ii) of subpart G,
there could be confusion as to whether
[[Page 37721]]
a flare could be used to control halogenated Group 1 vent streams at
affected sources producing one of the three types of rubber listed
above. Therefore, this amendment simply adds an additional reference
within Sec. 63.485(o), to clarify that front-end continuous process
vents at affected sources producing butyl rubber, halobutyl rubber, or
ethylene-propylene rubber are exempt from the requirements of
Sec. 63.113(a)(1)(ii) of subpart G.
The intent of Secs. 63.502 and 63.1331 to incorporate all but a few
specified portions of subpart H has not changed since promulgation;
these edits are merely for the sake of clarification. The amendment to
Sec. 63.485(o) is also merely a clarification, and the intent of that
paragraph has not changed since promulgation. As a result, the EPA
finds that it is unnecessary to provide prior notice and opportunity to
comment on these clarifying amendments.
II. Administrative Requirements
A. Paperwork Reduction Act
For the both the Group I and Group IV Polymers and Resins NESHAP,
the information collection requirements were submitted to the Office of
Management and Budget (OMB) under the Paperwork Reduction Act. At
promulgation, OMB had already approved the information collection
requirements for the Group IV Polymers and Resins NESHAP and assigned
those standards the OMB control number 2060-0351. An Agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for the EPA's regulations are
listed in 40 CFR part 9 and 48 CFR Chapter 15. The EPA has amended 40
CFR part 9, Section 9.1, to indicate the information collection
requirements contained in the Group IV Polymers and Resins NESHAP.
An Information Collection Request (ICR) document for the Group I
Polymers and Resins I NESHAP was prepared by the EPA (ICR No. 1746.01)
but, at promulgation, that ICR had not yet been approved by OMB.
However, since promulgation the OBM has approved the ICR, and today's
action amends the table of currently approved ICR control numbers
issued by OMB and updates the table to accurately display those
information requirements not previously approved. The information
collection requirements that are made effective by this notice under
OMB control number 2060-0356 were contained in Information Collection
Request number 1746.01. A copy may be obtained from Sandy Farmer, OPPE
Regulatory Information Division (2137), U.S. Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460, or by calling (202)
260-2740.
The amendments to the NESHAP contained in this final rule should
have no impact on the information collection burden estimates made
previously. Therefore, the ICRs have not been revised.
B. Executive Order 12866 Review
Under Executive Order (E.O.) 12866, the EPA must determine whether
the regulatory action is ``significant'' and therefore, subject to OMB
review and the requirements of the Executive Order. The Order defines
``significant'' regulatory action as one that is likely to lead to a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety in State, local, or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
These amendments to those NESHAP clarify the applicability of the
equipment leak provisions in those rules. These amendments do not add
any additional control requirements. Therefore, this final rule and
correcting amendments were classified ``non-significant'' under
Executive Order 12866 and were not required to be reviewed by OMB.
C. Regulatory Flexibility
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with this final rule. The
EPA has also determined that this rule will not have a significant
economic impact on a substantial number of small entities. See the
September 5, 1996 Federal Register (61 FR 46906) and the September 12,
1996 Federal Register (61 FR 48208) for the basis for this
determination.
D. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate; or to the private sector, of $100
million or more. Under Section 205, the EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires the EPA to establish a plan for informing and advising any
small governments that may be significantly or uniquely impacted by the
rule.
The EPA has determined that this final rule does not include a
Federal mandate that may result in estimated costs of $100 million or
more to either State, local, or tribal governments in the aggregate, or
to the private sector, nor does it significantly or uniquely impact
small governments, because this action contains no requirements that
apply to such governments or impose obligations upon them. Therefore,
the requirements of the Unfunded Mandates Act do not apply to this
action.
E. Submission to Congress and the General Accounting Office
Under the Small Business Regulatory Enforcement Fairness Act of
1996, the EPA submitted 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 General Accounting
Office prior to publication of this final rule in the Federal Register.
This is not a ``major rule'' as defined by the Small Business
Regulatory Enforcement Fairness Act.
List of Subjects
40 CFR Part 9
Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 63
Environmental protection, Reporting and recordkeeping requirements.
Dated: July 8, 1997.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
For the reasons set out in the preamble, parts 9 and 63 of title
40, chapter I of the Code of Federal Regulations are amended as
follows:
PART 9--[AMENDED]
1. The authority citation for part 9 continues to read as follows:
[[Page 37722]]
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
2. Section 9.1 is amended by adding in numerical order the new
entries to the table under the indicated heading to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
40 CFR citation no.
------------------------------------------------------------------------
* * * * *
National Emission Standards for Hazardous Air Pollutants for Source
Categories \3\
* * * * *
63.480-63.506.............................................. 2060-0356
* * * * *
------------------------------------------------------------------------
\3\ The ICRs referenced in this section of the table encompass the
applicable general provisions contained in 40 CFR part 63, subpart A,
which are not independent information collection requirements.
* * * * *
PART 63--[AMENDED]
3. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart U--[Amended]
4. Section 63.485 is amended by revising paragraph (o) introductory
text to read as follows:
Sec. 63.485 Continuous front-end process vent provisions.
* * * * *
(o) Group 1 halogenated continuous front-end process vents at
affected existing sources producing butyl rubber, halobutyl rubber, or
ethylene propylene rubber are exempt from the requirements to control
hydrogen halides and halogens from the outlet of combustion devices
contained in Sec. 63.113(c) of subpart G and are exempt from the
prohibition against flaring halogenated vent streams, which is
contained in Sec. 63.113(a)(1)(ii) of subpart G, if the conditions in
paragraphs (o)(1) and (o)(2) of this section are met. Affected new
sources are not exempt from these provisions.
* * * * *
5. Section 63.502 is amended by revising paragraph (a) and by
adding paragraph (j) to read as follows:
Sec. 63.502 Equipment leak provisions.
(a) The owner or operator of each affected source shall comply with
the requirements of subpart H of this part for all equipment in organic
HAP service, with the exceptions noted in paragraphs (b) through (j) of
this section.
* * * * *
(j) The owner or operator of each affected source shall substitute
the phrase ``the provisions of subparts F, I, or U of this part'' for
both the phrases ``the provisions of subparts F or I of this part'' and
the phrase ``the provisions of subpart F or I of this part'' throughout
Secs. 63.163 and 63.168, for the purposes of this subpart. In addition,
the owner or operator of each affected source shall substitute the
phrase ``subparts F, I, and U'' for the phrase ``subparts F and I'' in
Sec. 63.174(c)(2)(iii), for the purposes of this subpart.
Subpart JJJ--[Amended]
6. Section 63.1331 is amended by revising paragraph (a)
introductory text and adding paragraph (a)(10) to read as follows:
Sec. 63.1331 Equipment leak provisions.
(a) Except as provided in paragraphs (b) and (c) of this section,
the owner or operator of each affected source shall comply with the
requirements of subpart H of this part, with the differences noted in
paragraphs (a)(1) through (a)(10) of this section.
* * * * *
(10) The owner or operator of each affected source shall substitute
the phrase ``the provisions of subparts F, I, or JJJ of this part'' for
both the phrases ``the provisions of subparts F or I of this part'' and
the phrase ``the provisions of subpart F or I of this part'' throughout
Secs. 63.163 and 63.168, for the purposes of this subpart. In addition,
the owner or operator of each affected source shall substitute the
phrase ``subparts F, I, and JJJ'' for the phrase ``subparts F and I''
in Sec. 63.174(c)(2)(iii), for the purposes of this subpart.
* * * * *
[FR Doc. 97-18566 Filed 7-14-97; 8:45 am]
BILLING CODE 6560-50-P