[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]



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 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of action denying a petition for reconsideration.


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.

General Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460; telephone (202) 564-0906; email at 
[email protected].


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,
[FR Doc. 2016-11252 Filed 5-13-16; 8:45 am]