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National Emission Standards for Hazardous Air Pollutants: Source Category List
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Proposed Rules]
[Page 25877-25879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my97-33]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5824-5]
National Emission Standards for Hazardous Air Pollutants: Source
Category List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Advance notice of proposed rulemaking (ANPR).
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SUMMARY: The Clean Air Act (Act) requires the EPA to list (for
regulation under section 112 of the Act) all categories of major
sources of hazardous air pollutants (HAP's), and categories of area
sources if they present a threat of adverse effects to human health or
the environment. The EPA has listed many sources categories, but has
yet to list or regulate research and development (R&D) facilities.
Today's notice provides advance notice that the EPA intends to list
R&D, and solicits comments and information on the best way to list and
regulate such sources.
DATES: Comments. Comments must be received on or before June 11, 1997.
ADDRESSES: Comments. Comments should be submitted (in duplicate) to:
Air and Radiation Docket and Information Center (6102), Attention:
Docket No. A-97-11, U.S.
[[Page 25878]]
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460.
Docket. Docket No. A-97-11 is available for public inspection and
copying from 8:00 a.m. to 5:30 p.m. Monday through Friday, at the EPA's
Air and Radiation Docket and Information Center, Waterside Mall, Room
M-1500, Ground Floor, 401 M Street SW, Washington, DC 20460. A
reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: For information concerning this ANPR,
contact Mr. Mark Morris at (919) 541-5416, Organic Chemicals Group,
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION: The Clean Air Act (Act) requires that EPA
evaluate and control emissions of hazardous air pollutants (HAP's). The
control of HAP's is achieved through promulgation of emission standards
under section 112 of the Act for sources that emit HAP's. The Act
requires the EPA to publish a list of all categories and subcategories
of sources of HAP's. This list is required to be revised (no less often
than every 8 years), if appropriate, in response to public comment or
new information. The EPA published an initial list of source categories
on July 16, 1992. The list was last revised on June 14, 1996
(correction notice on July 18, 1996).
Section 112(c)(7) of the Act requires the EPA to ``establish a
separate category covering research or laboratory facilities, as
necessary to assure the equitable treatment of such facilities.'' Such
language was included in the Act because Congress was concerned that
research and laboratory facilities should not arbitrarily be included
in regulations that cover manufacturing operations. The Act defines
research or laboratory facility as ``any stationary source whose
primary purpose is to conduct research and development into new
processes and products, where such source is operated under the close
supervision of technically trained personnel and is not engaged in the
manufacture of products for commercial sale in commerce, except in a de
minimis manner.''
The EPA has interpreted the Act as requiring the listing of R&D
major sources. It is clear from section 112(c)(7) of the Act that
Congress intended for R&D to receive special treatment. The EPA has
interpreted this section of the Act as requiring the creation of a
separate category for R&D (as necessary to ensure equitable treatment
of such facilities); the EPA does not believe this section of the Act
provides the Agency with discretion regarding whether to list R&D major
sources. The EPA welcomes other interpretations (with legal basis)
regarding the discretion of the EPA in listing R&D major sources.
Research and development (R&D) is performed at many sources which
are already included in listed source categories. For example, R&D is
performed in the synthetic organic chemical manufacturing industry
(SOCMI), an industry which is addressed by the Hazardous Organic NESHAP
(HON). The HON does not apply to R&D operations, regardless of whether
they are located on the same site as a commercial chemical
manufacturing process. In the preamble to the proposed HON rule, the
EPA stated it had limited information on the operations of R&D
facilities and the appropriate controls for them. The EPA stated it was
uncertain how to structure a standard for R&D facilities, and concluded
it would be appropriate to establish a separate source category
covering R&D facilities to ensure equitable treatment of them. For
reasons similar to those given in the HON, R&D has been exempted from
other NESHAP's.
The EPA is now considering adding major R&D sources to the source
category list. The term ``major source'' is defined as any stationary
source or group of stationary sources located within a contiguous area
and under common control that emits or has the potential to emit
(considering controls), in the aggregate, 10 tons per year or more of
any HAP or 25 tons per year of any combination of HAP's. Sources that
emit HAP's in amounts smaller than those of a major source are called
area sources.
Language in the Act specifying special treatment of R&D facilities
(section 112(c)(7)), along with language in the legislative history of
the Act, suggests that Congress considered inequitable subjecting the
R&D facilities of an industry to a standard designed for the commercial
production processes of that industry. The application of such a
standard may be inappropriate because the wide range of R&D operations
and sizes, and the frequent changes in R&D operations, may be
significantly different from the typically large and continuous
production processes.
The Act requires the EPA to list all categories of major sources of
HAP's, and categories of area sources if they present a threat of
adverse effects to human health or the environment. The EPA has no
information indicating there are major or area R&D sources that are
required to be listed and regulated, other than those associated with
sources already included in listed source categories. Although the EPA
is not aware of other R&D sources that need to be added to the source
category list, such sources may exist, and the EPA is seeking
information about them. For example, what Federal, State, or private
research facilities, hospitals, universities, military facilities, etc.
require listing?
Since R&D is performed in many different industries, the EPA is
considering various ways of listing and addressing R&D. R&D major
sources could be listed as one category covering all R&D operations in
all industries. However, it may be difficult in this case to develop
standards general enough for the variety of sources, and to ensure the
standards are consistent with the minimum control requirements
(``floors'') required by the Act. R&D could also be listed as several
(or many) different source categories to account for the significant
differences between sources. The source categories already listed could
provide a guide for listing the R&D sources of the associated
industries, that is, for each listed source category, a corresponding
source category for R&D operations could be listed.
The EPA is seeking comments on the advantages and disadvantages of
the different ways to list R&D facilities described above, as well as
any other options for listing. The EPA is also seeking information on
R&D sources so it can assess the most reasonable and practical way to
list and regulate R&D. Such information includes descriptions of R&D
processes, magnitude of HAP emissions and methods of HAP emission
estimation, emission controls and their costs, and any existing State
or local regulations that may apply to R&D facilities. The EPA also
invites any trade groups associated with R&D operations to provide
information and participate in the process of listing and regulating
R&D.
Electronic Submission of Comments
Comments may be submitted electronically by sending electronic mail
(e-mail) to: a-and-r-docket@epamail.epa.gov. Electronic comments must
be submitted as an ASCII file, avoiding the use of special characters
and any form of encryption. Comments will also be accepted on diskette
in WordPerfect 5.1 or ASCII file format. All comments in electronic
form must be identified by the docket number A-97-11. No Confidential
Business Information (CBI) should be submitted through e-mail.
Electronic comments
[[Page 25879]]
may be filed online at many Federal Depository Libraries.
Administrative Requirements
Because today's notice is not a rule or a proposed rule, the EPA
has not prepared an economic impact analysis pursuant to section 317 of
the Act, a regulatory flexibility analysis pursuant to the Regulatory
Flexibility Act, or a written statement under section 202 of the
Unfunded Mandates Act of 1995. Also, this notice does not contain any
information collection requirements and, therefore, is not subject to
the Paperwork Reduction Act.
Under Executive Order 12866 [58 FR 5173 (October 4, 1993)], the EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The Executive Order defines
``significant regulatory action'' as one that is likely to result in
standards 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, or 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 entitlement, 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.
Pursuant to the terms of the Executive Order, the OMB has notified
the EPA that it considers this a ``significant regulatory action''
within the meaning of the Executive Order. The EPA submitted this
action to the OMB for review. Changes made in response to suggestions
or recommendations from the OMB were documented and included in the
public record.
List of Subjects
Air pollution control, Hazardous air pollutants, Research and
development, Environmental protection.
Dated: May 2, 1997.
Richard Wilson,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 97-12376 Filed 5-9-97; 8:45 am]
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