[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