[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-25742] [[Page Unknown]] [Federal Register: October 24, 1994] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [AD-FRL-5092-4] 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: Notice of partial stay and reconsideration. ----------------------------------------------------------------------- SUMMARY: Today's action announces a partial 3-month stay of certain national emission standards for hazardous air pollutants for certain sources. The effectiveness of 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'' (April 22, 1994) and (June 6, 1994) (collectively known as the ``hazardous organics NESHAP'' or the ``HON''), including the applicable compliance dates, is stayed for 3 months pending reconsideration. The EPA is issuing this stay pursuant to Clean Air Act section 307(d)(7)(B), 42 U.S.C. 7607(d)(7)(B), which provides the Administrator authority to stay the effectiveness of a rule during reconsideration. Elsewhere in the Proposed Rules Section of today's Federal Register EPA proposes to defer compliance with the HON for sources meeting certain criteria, and to extend the compliance date for sources affected by today's stay, for as long as is necessary to complete the rulemaking granting this deferral. This stay affects only those sources for which the owner or operator makes a representation in writing to the Administrator that the resolution of the area source definition issues could have an effect on the compliance status of the source with respect to subparts F, G, H, and I of part 63. EFFECTIVE DATE: October 24, 1994. FOR FURTHER INFORMATION CONTACT: Mr. Tim Smith at (919) 541-4718, Emission Standards Division (MD-13), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711. SUPPLEMENTARY INFORMATION: I. Background On April 22, 1994 (59 FR 19402), and June 6, 1994 (59 FR 29196), the Environmental Protection Agency promulgated in the Federal Register a NESHAP for the synthetic organic chemical manufacturing industry, and for several other processes subject to the equipment leaks portion of the rule. These regulations were promulgated as subparts F, G, H, and I in 40 CFR part 63, and are commonly referred to as the hazardous organics NESHAP, or the HON. Section 63.100 of the rule provides that the rule is applicable to chemical manufacturing process units that, among other requirements, ``are located at a plant site that is a major source as defined in section 112(a) of the Act.'' Section 112(a) of the Act defines a ``major source'' 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 hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants * * *'' Any stationary source that does not emit, or have the potential to emit, these quantities, is defined by the Act as an ``area source.'' On March 16, 1994, EPA promulgated, in subpart A to 40 CFR part 63, a definition of ``potential to emit.'' A key aspect of the potential to emit definition is that restrictions must be federally enforceable. The EPA is in the process of clarifying the administrative procedures that can be used by source owners and operators to create federally enforceable restrictions on potential to emit. However, in the interim there may be sources that would qualify as area sources exempt from the HON which do not have the ability to demonstrate to EPA that their potential to emit is below major source levels. A petition for reconsideration has been submitted to EPA requesting that the HON be revised such that sources that may be area are not required to comply with the HON due to their inability to prove that they are area sources. For this reason EPA is staying the HON for 3 months in order to respond to the petition for reconsideration and revise the rule as necessary to resolve this issue. The EPA believes that the majority of HON-affected sources emit well above major source levels. Accordingly, today's stay does not affect all sources. II. Issuance of Stay The EPA hereby issues a 3-month administrative stay of the effectiveness of the HON, including the applicable compliance dates. EPA will reconsider the compliance dates in the rule and following the notice and comment procedures of section 307(d) of the Clean Air Act, will take appropriate action. This administrative stay applies only to those source owners or operators who make a representation in writing to the Administrator that the resolution of the area source definition issues could affect whether the facility is subject to the HON. III. Authority for Stay and Reconsideration The administrative stay and reconsideration of the HON and its associated compliance periods announced by this notice are being undertaken pursuant to section 307(d)(7)(B) of the Clean Air Act, 42 U.S.C. 7607(d)(7)(B). That provision authorizes the Administrator to stay the effectiveness of a rule for 3 months in order to consider a request for reconsideration. Reconsideration is appropriate if the grounds for an objection arose after the period for public comment and if the objection is of central relevance to the outcome of the rule. The grounds for reconsideration of this rule arose after the public comment period. The lack of a mechanism by which to ensure federal enforceability of a source's potential to emit only became apparent after the close of comment on the rule. Therefore, EPA is staying the effectiveness of the rule for 3 months in order to allow time to reconsider this issue. IV. Proposed Compliance Extension The EPA may not be able to complete the reconsideration (including any appropriate regulatory action) of the rule stayed by this notice within the 3-month period expressly provided in section 307(d)(7)(B). If EPA does not complete the reconsideration in this timeframe then it will be necessary to temporarily extend the applicable compliance dates. In the Proposed Rule Section of today's Federal Register EPA proposes a temporary extension of the compliance dates beyond 3 months if necessary in order to complete reconsideration and revision of the rules in question. Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify that this rule will not have a significant economic impact on a substantial number of small business entities. Dated: October 11, 1994. Carol M. Browner, Administrator. Title 40 of the Code of Federal Regulations, chapter I, part 63, subparts F, G, H, and I are being amended as follows: PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 1. The authority citation for part 63 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 2. Section 63.100 is amended by adding paragraph (n) to read as follows: Sec. 63.100 Applicability and designation of source. * * * * * (n) Rules Stayed for Reconsideration. Notwithstanding any other provision of this subpart, the effectiveness of subpart F is stayed from October 24, 1994, to January 23, 1995 only as applied to those sources for which the owner or operator makes a representation in writing to the Administrator that the resolution of the area source definition issues could have an effect on the compliance status of the source with respect to subpart F. 3. Section 63.110 is amended by adding paragraph (g) to read as follows: Sec. 63.110 Applicability. * * * * * (g) Rules Stayed for Reconsideration. Notwithstanding any other provision of this subpart, the effectiveness of subpart G is stayed from October 24, 1994, to January 23, 1995 only as applied to those sources for which the owner or operator makes a representation in writing to the Administrator that the resolution of the area source definition issues could have an effect on the compliance status of the source with respect to subpart G. 4. Section 63.160 is amended by adding paragraph (d) to read as follows: Sec. 63.160 Applicability and designation of source. * * * * * (d) Rules Stayed for Reconsideration. Notwithstanding any other provision of this subpart, the effectiveness of subpart H is stayed from October 24, 1994, to January 23, 1995 only as applied to those sources for which the owner or operator makes a representation in writing to the Administrator that the resolution of the area source definition issues could have an effect on the compliance status of the source with respect to subpart H. 5. Section 63.190 is amended by adding paragraph (h) to read as follows: Sec. 63.190 Applicability and designation of source. * * * * * (h) Rules Stayed for Reconsideration. Notwithstanding any other provision of this subpart, the effectiveness of subpart I is stayed from October 24, 1994, to January 23, 1995 only as applied to those sources for which the owner or operator makes a representation in writing to the Administrator that the resolution of the area source definition issues could have an effect on the compliance status of the source with respect to subpart I. [FR Doc. 94-25742 Filed 10-21-94; 8:45 am] BILLING CODE 6560-50-P