National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: November 21, 2001 (Volume 66, Number 225)]
[Proposed Rules]
[Page 58425-58427]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no01-26]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7106-2]

National Emission Standards for Hazardous Air Pollutants for
Pesticide Active Ingredient Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendment.

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SUMMARY: The EPA is proposing to amend the national emission standards
for hazardous air pollutants (NESHAP) for Pesticide Active Ingredient
(PAI) Production. This action changes the deadline for existing sources
submitting precompliance plans. Rather than requiring the precompliance
plans 6 months in advance of the compliance date, the amended rule will
require the plans 3 months in advance. Under the promulgated rule,
precompliance plans for existing sources would be due December 23,
2001. With this action, these plans will be due by March 23, 2002.
In the ``Rules and Regulations'' section of this Federal Register,
we are making this change in a direct final rule without prior proposal
because we view it as minor and noncontroversial, and we anticipate no
adverse comments. We have explained our reasons for this change in the
preamble to the direct final rule.
If we receive no adverse comments, we will take no further action
on this proposed rule. If we receive an adverse comment on the revised
definition, we will publish a timely withdrawal of the direct final
rule, and it will not take effect. If we receive adverse comment, we
will respond to all such comments in a subsequent final rule based on
this proposed rule. We will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time.

DATES: Comments. Written comments must be received by December 6, 2001.

ADDRESSES: Comments. Written comments should be submitted (in
duplicate, if possible) to: Air and Radiation Docket and Information
Center (6102), Attention Docket Number A-95-20, Room M-1500, U.S. EPA,
1200 Pennsylvania Avenue, NW, Washington, DC 20460. A separate copy of
each public comment must also be sent to the contact person listed
below in FOR FURTHER INFORMATION CONTACT. Comments may also be
submitted electronically by following the instructions provided in
SUPPLEMENTARY INFORMATION.
Docket. Docket No. A-95-20 contains supporting information used in
developing the NESHAP. The docket is located at the U.S. EPA, 401 M
Street, SW, Washington, DC 20460 in Room M-1500, Waterside Mall (ground
floor), and may be inspected from 8:30 a.m. to 5:30 p.m., Monday
through Friday, excluding legal holidays.

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 (express packages to 4930
Old Page Road, Research Triangle Park, North Carolina 27709), telephone
number (919) 541-5402, electronic mail address mcdonald.randy@epa.gov.

SUPPLEMENTARY INFORMATION: Comments. Comments and data may be submitted
by electronic mail (e-mail) to: a-and-r-docket@epa.gov. Electronic
comments must be submitted as an ASCII file to avoid the use of special
characters and encryption problems and will also be accepted on disks
in WordPerfect version 5.1, 6.1, or Corel 8 file format. All comments
and data

[[Page 58426]]

submitted in electronic form must note the docket number A-95-20. No
confidential business information (CBI) should be submitted by e-mail.
Electronic comments may be filed online at many Federal Depository
Libraries.
Commenters wishing to submit proprietary information for
consideration must clearly distinguish such information from other
comments and clearly label it as CBI. Send submissions containing such
proprietary information directly to the following address, and not to
the public docket, to ensure that proprietary information is not
inadvertently placed in the docket: Attention: Mr. Randy McDonald, c/o
OAQPS Document Control Officer (MD-C404-02), U.S. EPA, Research
Triangle Park, NC 27709. The EPA will disclose information identified
as CBI only to the extent allowed by the procedures set forth in 40 CFR
part 2. If no claim of confidentiality accompanies a submission when it
is received by EPA, the information may be made available to the public
without further notice to the commenter.
Docket. The docket is an organized and complete file of all the
information considered by the EPA in the development of this
rulemaking. The docket is a dynamic file because material is added
throughout the rulemaking process. The docketing system is intended to
allow members of the public and industries involved to readily identify
and locate documents so that they can effectively participate in the
rulemaking process. Along with the proposed and promulgated standards
and their preambles, the contents of the docket will serve as the
record in the case of judicial review. (See section 307(d)(7)(A) of the
Clean Air Act.) The regulatory text and other materials related to this
rulemaking are available for review in the docket or copies may be
mailed on request from the Air Docket by calling (202) 260-7548. A
reasonable fee may be charged for copying docket materials.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this proposed rule will also be available through
the WWW. Following signature, a copy of this action will be posted on
the EPA's Technology Transfer Network (TTN) policy and guidance page
for newly proposed or promulgated rules http://www.epa.gov/ttn/oarpg.
The TTN at EPA's web site 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.
Regulated Entities. The regulated category and entities affected by
this action include:

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Examples of regulated
Category NAICS codes SIC codes entities
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Industry............................. Typically, 325199 and Typically, 2869 and Producers of
325320. 2879. pesticide active
ingredients that
contain organic
compounds that are
used in herbicides,
insecticides, or
fungicides.
Producers of
any integral
intermediate used in
onsite production of
an active ingredient
used in an herbicide,
insecticide, or
fungicide.
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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 proposed 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 part 63, subpart MMM. If you have questions regarding the
applicability of this proposed amendment to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.

I. What Action Is EPA Proposing?

This proposal would change the date that the precompliance plan
must be submitted from 6 months prior to the compliance date to 3
months prior to the compliance date. For further information, please
see the information provided in the direct final rulemaking notice
located in the ``Rules and Regulations'' section of today's Federal
Register.

II. What Are the Administrative Requirements for This Action?

Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
this proposed rule amendment on small entities, a small entity is
defined as: (1) A small business in the North American Industrial
Classification System (NAICS) code 325320 that has as many as 500
employees; (2) a small business in NAICS code 325199 that has as many
as 1,000 employees; (3) 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 (4) 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 this proposed rule
amendment on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact on small entities'' (5 U.S.C. sections 603 and 604).
Thus, an agency may conclude that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves burden, or otherwise has a positive economic effect on all of
the small entities subject to the rule. The EPA has determined that
none of the small entities will experience a

[[Page 58427]]

significant impact because the proposed amendment imposes no additional
regulatory requirements on owners or operators of affected sources.
For information regarding other administrative requirements for
this action, please see the direct final rule action that is located in
the ``Rules and Regulations'' section of this Federal Register
publication.

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: November 16, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-29068 Filed 11-20-01; 8:45 am]
BILLING CODE 6560-50-P

National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production

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