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[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Proposed Rules]
[Pages 77799-77801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31330]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0334; FRL-9238-6]

National Emission Standards for Hazardous Air Pollutants for 
Chemical Manufacturing Area Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On June 15, 2010, EPA notified Petitioners that the Agency 
intended to initiate the reconsideration process in response to their 
request for reconsideration of certain provisions in the National 
Emission Standards for Hazardous Air Pollutants for Chemical 
Manufacturing Area Sources. Among the provisions that EPA is 
reconsidering is a requirement that certain affected sources obtain a 
permit. In a separate rule published today, EPA is taking final action 
to stay for 90 days, the requirement for certain affected sources to 
comply with the title V permit program. Because we believe the 
reconsideration process may not be completed within 90 days, we are 
proposing to stay the provision requiring certain sources to obtain a 
permit until the final reconsideration rule is published in the Federal 
Register. EPA is requesting public comment on this proposed stay.

DATES: Comments. Comments must be received on or before January 28, 
2011.
    Public Hearing. If anyone contacts EPA requesting to speak at a 
public hearing by December 27, 2010, a public hearing will be held on 
December 29, 2010. For further information on the public hearing and 
requests to speak, see the ADDRESSES section of this preamble.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0334, by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-Docket@epa.gov, Attention Docket ID No. 
EPA-HQ-OAR-2008-0334.
     Fax: (202) 566-9744, Attention Docket ID No. EPA-HQ-OAR-
2008-0334.
     Mail: U.S. Postal Service, send comments to: Air and 
Radiation Docket and Information Center, Environmental Protection 
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460, Attention Docket ID No. EPA-HQ-OAR-2008-0334.

[[Page 77800]]

     Hand Delivery: In person or by courier, deliver comments 
to: EPA Docket Center (2822T), Room 3334, 1301 Constitution Ave., NW., 
Washington, DC 20004. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0334. 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.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, 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 http://www.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 the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the EPA Docket Center, 
EPA West Building, Room 3334, 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 
Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Office of Air 
Quality Planning and Standards, Sector Policies and Programs Division, 
Coatings and Chemicals Group (E143-01), Environmental Protection 
Agency, Research Triangle Park, NC 27711, telephone number: (919) 541-
5402; fax number: (919) 541-0246; e-mail address: 
mcdonald.randy@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The EPA published final National Emission Standards for Hazardous 
Air Pollutants for Chemical Manufacturing Area Sources on October 29, 
2009. 40 CFR part 63, subpart VVVVVV (74 FR 56008). Included in the 
final rule was a new provision requiring any major source that had 
installed a control device on a chemical manufacturing process unit 
after November 15, 1990, and, as a result, became an area source under 
CFR 40 part 63 to obtain a title V permit under 40 CFR part 70 or 40 
CFR part 71. See 40 CFR 63.11494(e).
    On February 12, 2010, the American Chemistry Council and the 
Society of Chemical Manufacturers and Affiliates (collectively referred 
to as ``Petitioners'') sought reconsideration of six provisions in the 
final rule, including the provision requiring certain sources to obtain 
a title V permit. On June 15, 2010, EPA notified Petitioners that the 
Agency intended to initiate the reconsideration process. EPA also 
separately notified Petitioners that the provision requiring certain 
sources to obtain a title V permit was among the provisions for which 
EPA would grant reconsideration.
    By letter dated October 28, 2010, Petitioners requested a stay of 
the requirement to comply with the title V permit program, specifically 
the requirement to submit a title V permit application, pending 
completion of the reconsideration process. Petitioners stated in their 
letter that they were requesting the stay because EPA has yet to 
initiate the reconsideration process and, ``under one interpretation of 
EPA's [40 CFR part 70 and 40 CFR part 71] regulations, existing sources 
must file Title V permit applications [by] October 29, 2010.'' 
Petitioners maintained that it would be unreasonable and inequitable to 
require facilities to prepare and submit title V applications at the 
same time that EPA is reconsidering the requirement to obtain a title V 
permit. As explained below, EPA believes that it is appropriate to stay 
the effectiveness of the requirement in 40 CFR 63.11494(e) for certain 
sources to obtain a title V permit during the pendency of the 
reconsideration process.
    EPA is proposing to stay the provision in 40 CFR 63.11494(e) that 
requires ``[a]ny source that was a major source and installed a control 
device on a CMPU \1\ after November 15, 1990, and, as a result, became 
an area source under 40 CFR part 63 is required to obtain a permit 
under 40 CFR part 70 or 40 CFR part 71.'' We are proposing to stay the 
provision until after the final reconsideration rule is published in 
the Federal Register. This provision was first introduced in the final 
rule and represented a significant change from the proposal. Facilities 
had no chance to comment on this new requirement in the final rule. We 
are proposing to stay this provision because both the affected universe 
of sources and the substantive requirement could change as a result of 
this reconsideration process. Specifically, we will be reconsidering 
whether the affected sources noted above should be subject to title V, 
or whether they should be exempt from title V requirements. Because we 
cannot pre-judge the outcome of the reconsideration process, we think a 
limited stay during the duration of the administrative reconsideration 
process is appropriate so that sources are not incurring the cost 
associated with applying for a title V permit in advance of our final 
decision on the issue.
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    \1\ Chemical manufacturing process unit.
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II. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action,'' and, therefore, is 
not subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). In 
addition, this action does not impose any enforceable duty or contain 
any unfunded mandate as described in the Unfunded Mandates Reform Act 
of 1995 (Pub. L. 104-4), or require prior consultation with State 
officials, as specified by Executive Order 12875 (58 FR 58093, October 
28, 1993), or involve special consideration of environmental justice 
related issues, as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994). Pursuant to the Regulatory Flexibility

[[Page 77801]]

Act, I certify that this action will not have a significant economic 
impact on a substantial number of small entities. This proposed rule 
will not impose any new requirements on any entities because it does 
not impose any additional regulatory requirements. This action also 
does not have Tribal implications because it will not have a 
substantial direct effect on one or more Indian Tribes, on the 
relationship between the Federal government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian Tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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 (64 
FR 43255, August 10, 1999). This action also is not subject to 
Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). The 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This action 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.). EPA's 
compliance with these statutes and Executive Orders for the underlying 
rule is discussed in the October 29, 2009, Federal Register document.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Monitoring, Reporting and recordkeeping.

    Dated: December 7, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-31330 Filed 12-13-10; 8:45 am]
BILLING CODE 6560-50-P
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