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National Emission Standards for Hazardous Air Pollutants for Source Categories: Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry and Other Processes Subject to the Negotiated Regulation for Equipment Leaks
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 23, 2004 (Volume 69, Number 246)]
[Proposed Rules]
[Page 76894-76897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de04-27]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2003-0023; FRL-7852-4]
RIN 2060-AK49
National Emission Standards for Hazardous Air Pollutants for
Source Categories: Organic Hazardous Air Pollutants From the Synthetic
Organic Chemical Manufacturing Industry and Other Processes Subject to
the Negotiated Regulation for Equipment Leaks
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule, amendments.
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SUMMARY: This action proposes to amend the National Emission Standards
for Hazardous Air Pollutants for Source Categories: Organic Hazardous
Air Pollutants from the Synthetic Organic Chemical Manufacturing
Industry and Other Processes Subject to the Negotiated Regulation for
Equipment Leaks. The standards are commonly known as the Hazardous
Organic NESHAP or the HON. This action proposes to amend the HON to
allow vapor balancing in conjunction with the use of a pressure setting
to comply with the storage tank control requirements of the standards.
In the Rules and Regulations section of this Federal Register, we
are taking direct final action on the proposed amendments because we
view the amendments as noncontroversial, and we anticipate no adverse
comments. We have explained our reasons for the proposed amendments in
the preamble to the direct final rule. If we receive no adverse
comments, we will take no further action on the proposed rule. If we
receive any timely adverse comments, we will publish a notice
withdrawing the direct final rule. All such comments will be addressed
in a subsequent final rule based on the proposed rule. We will not
institute a second comment period on that subsequent final rule. Any
parties interested in commenting must do so at this time.
DATES: Comments. Written comments must be received by January 24, 2005,
unless a public hearing is requested by January 3, 2005. If a public
hearing is requested, written comments must be received by February 7,
2005.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing, a public hearing will be held on January 6, 2005.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2003-
0023, by one of the following methods:
? Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
? Agency Web site: http://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
? E-mail: air-and-r-docket@epa.gov.
? Fax: (202) 566-1741.
? Mail: EPA Docket Center, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Avenue, NW, Washington, DC 20460.
Please include a duplicate copy, if possible.
? Hand Delivery: Air and Radiation Docket, Environmental
Protection Agency, 1301 Constitution Avenue, NW, Room B-108,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
We request that a separate copy also be sent to the contact person
listed below (see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. OAR-2003-0023.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://
www.epa.gov/edocket, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov Web sites are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102).
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in EDOCKET or in hard
copy at the Air and Radiation Docket, EPA/DC, EPA West, Room B102, 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.
Public Hearing. If a public hearing is held, it will be held at 10
a.m. at the EPA's Environmental Research Center Auditorium, Research
Triangle Park, North Carolina or at an alternate site nearby.
FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Organic Chemicals
Group, Emission Standards Division (Mail Code C504-04), U.S. EPA,
Research Triangle Park, North Carolina 27711, telephone number (919)
541-5402, electronic mail address mcdonald.randy@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated Entities. The regulated category
and entities affected by this action include:
------------------------------------------------------------------------
N A I C Examples of regulated
Category S code entities
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Industrial..................... 325 Chemical manufacturing
facilities.
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This table is not intended to be exhaustive, but rather provides a
guide for readers likely to be interested in the revisions to the
regulation affected by this action. To determine whether your facility,
company, business, organization, etc., is regulated by this action, you
should carefully examine all of the applicability criteria in (40 CFR
63.100). If you have questions regarding the applicability of the
amendments to a particular entity, consult the person
[[Page 76895]]
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
What Should I Consider as I Prepare My Comments for EPA?
Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
Tips for Preparing Your Comments. When submitting comments,
remember to:
? Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
? Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
? Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
? Describe any assumptions and provide any technical
information and/or data that you used.
? If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
? Provide specific examples to illustrate your concerns, and
suggest alternatives.
? Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
? Make sure to submit your comments by the comment period
deadline identified.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Mr.
Randy McDonald, Organic Chemicals Group, Emission Standards Division
(Mail Code C504-04), U.S. EPA, Research Triangle Park, North Carolina
27711, telephone number (919) 541-5402, electronic mail address
mcdonald.randy@epa.gov., at least 2 days in advance of the potential
date of the public hearing. Persons interested in attending the public
hearing must also call Mr. Randy McDonald to verify the time, date, and
location of the hearing. The public hearing will provide interested
parties the opportunity to present data, views, or arguments concerning
these proposed emission standards.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's proposal will also be available on the
WWW through the Technology Transfer Network (TTN). Following signature,
a copy of this action will be posted on the TTN's policy and guidance
page for newly proposed rules at http://www.epa.gov/ttn/oarpg. The TTN
provides information and technology exchange in various areas of air
pollution control. If more information regarding the TTN is needed,
call the TTN HELP line at (919) 541-5384.
Direct Final Rule. A direct final rule identical to the proposal is
published in the Rules and Regulations section of this Federal
Register. If we receive any adverse comment pertaining to the amendment
in the proposal, we will publish a timely notice in the Federal
Register informing the public that the amendments are being withdrawn
due to adverse comment. We will address all public comments concerning
the withdrawn amendments in a subsequent final rule. If no relevant
adverse comments are received, no further action will be taken on the
proposal, and the direct final rule will become effective as provided
in that action.
The regulatory text for the proposal is identical to that for the
direct final rule published in the Rules and Regulations section of
this Federal Register. For further supplemental information, the
detailed rationale for the proposal, and the regulatory revisions, see
the information provided in the direct final rule published in a
separate part of this Federal Register.
Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866, (58 FR 51735, October 4, 1993) the
Agency 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 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, 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 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.
It has been determined that the proposed rule amendments are not a
``significant regulatory action'' under the terms of Executive Order
12866 and are, therefore, not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This action gives a source owner or operator the option of using vapor
balancing to comply with the standards. Since it is only an option,
this action will not increase the information collection burden.
However, the OMB has previously approved the information collection
requirements contained in the existing regulations under the provisions
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has
assigned OMB control number 2060-0282 (EPA ICR No. 1414.04).
A copy of the OMB approved Information Collection Request (ICR) may
be obtained from Susan Auby, Collection Strategies Division; U.S. EPA
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460, or by
calling (202) 566-1672. Include the ICR or OMB number in any
correspondence.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
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
[[Page 76896]]
control number. The OMB control numbers for EPA's regulations are
listed in 40 CFR part 9 and 48 CFR chapter 15.
C. Regulatory Flexibility Analysis
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with the proposed rule.
For purposes of assessing the impacts of today's proposed
amendments on small entities, a small entity is defined as: (1) A small
business in the North American Industrial Classification System (NAICS)
code 325 that has up to 500 employees; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's proposed
amendments on small entities, EPA has concluded that this action will
not have a significant economic impact on a substantial number of small
entities. In determining whether a proposed rule has a significant
economic impact on a substantial number of small entities, the impact
of concern is any significant adverse economic impact, since the
primary purpose of the regulatory flexibility analysis is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities (5 U.S.C.
sections 603 and 604).'' Thus, any agency may conclude that a rule will
not have a significant economic impact on a substantial number of small
entities if the rule relieves regulatory burden or otherwise has a
positive economic effect on all of the small entities subject to the
rule. The proposed amendments add a compliance option granting greater
flexibility to small entities subject to the HON that may result in a
more efficient use of resources for them and, therefore, impose no
additional regulatory costs or requirements on owners or operators of
affected sources.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any 1 year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the EPA to identify and consider a reasonable number of
regulatory alternatives and adopt the least-costly, most cost-
effective, or least burdensome alternative that achieves the objectives
of the rule. The provisions of section 205 do not apply when they are
inconsistent with applicable law. Moreover, section 205 allows the EPA
to adopt an alternative other than the least-costly, most cost
effective, or least-burdensome alternative if the Administrator
publishes with the rule an explanation why that alternative was not
adopted. Before the EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, including
tribal governments, it must have developed under section 203 of the
UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments to have meaningful and
timely input in the development of EPA regulatory proposals with
significant Federal intergovernmental mandates, and informing,
educating, and advising small governments on compliance with the
regulatory requirements.
The EPA has determined that the proposed rule amendments do not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any 1 year. The proposed rule
amendments provide a source owner or operator with another option to
comply with the standards. Therefore, the proposed rule amendments are
not subject to the requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that 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.''
The proposed rule amendments do not have federalism implications.
They will 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. The proposed rule
amendments provide a source owner or operator with another option to
comply with the standards and, therefore, impose no additional burden
on sources. Thus, Executive Order 13132 does not apply to the proposed
rule amendments.
In the spirit of Executive Order 13132 and consistent with EPA
policy to promote communications between the EPA and State and local
governments, the EPA specifically solicits comment on the proposed rule
amendments from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (59 FR 22951, November 9, 2000) requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' The proposed rule amendments do not
have tribal implications, as specified in Executive Order 13175. The
proposed rule amendments provide a source owner or operator with
another option to comply with the standards and, therefore, impose no
additional burden on sources. Thus, Executive Order 13175 does not
apply to the proposed rule amendments.
The EPA specifically solicits additional comment on the proposed
rule amendments from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that the EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the EPA.
The EPA interprets Executive Order 13045 as applying only to those
[[Page 76897]]
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. Today's proposed rule
amendments are not subject to Executive Order 13045 because they are
based on technology performance, not health or safety risks.
Furthermore, the proposed rule amendments have been determined not to
be ``economically significant'' as defined under Executive Order 12866.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
The proposed rule amendments are not subject to Executive Order
13211 (66 FR 28355, May 22, 2001) because they are not a significant
regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note), directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs the
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus standards.
No new standard requirements are cited in the proposed rule
amendments. Therefore, the EPA is not proposing or adopting any
voluntary consensus standards in the proposed rule amendments.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: December 16, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-27991 Filed 12-22-04; 8:45 am]
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