64736 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations

ozone. The redesignation request and

maintenance plan meet the

redesignation requirements in section

107(d)(3)(E) of the Clean Air Act as

amended in 1990. The redesignation

meets the Federal requirements of

section 182(a)(1) of the Clean Air Act as

a revision to the Indiana ozone State

Implementation Plan.

* * * * *

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. In § 81.315 the ozone table is

amended by revising the entry for

‘‘Evansville Area: Vanderburgh County’’

to read as follows:

§ 81.315 Indiana.

* * * * *

INDIANA—OZONE

Designated areas

Designation Classification

Date Type Date Type

* * * * * * *

Evansville area: Vanderburgh

County.

December 9, 1997 ........................ Attainment.

* * * * * * *

1This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 97–32188 Filed 12–8–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–5933–6]

RIN 2060–AC28

National Emission Standards for

Hazardous Air Pollutants for Ethylene

Oxide Commercial Sterilization and

Fumigation Operations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interim final rule.

SUMMARY: Today’s action suspends, on

an interim final basis, the National

Emission Standards for Hazardous Air

Pollutants for Ethylene Oxide

Commercial Sterilization and

Fumigation Operations (EO NESHAP).

The suspension allows affected sources

subject to the EO NESHAP to defer

compliance with the NESHAP for one

year until December 6, 1998. This action

does not change the level of the

standards or the intent of the NESHAP

promulgated in 1994.

DATES: This action is effective December

4, 1997.

Under section 307(b)(1) of the Clean

Air Act (Act), judicial review of this

final action is available only by filing a

petition for review in the U.S. Court of

Appeals for the District of Columbia

Circuit within 60 days of today’s

publication of this interim final rule.

Under section 307(b)(2) of the Act, the

requirements that are the subject of

today’s document may not be

challenged later in civil or criminal

proceedings brought by the EPA to

enforce these requirements.

ADDRESSES: Docket. Docket No. A–88–

03, category VIII Amendments,

containing information considered by

the EPA in developing this rule, is

available for public inspection and

copying between 8:00 a.m. and 5:30

p.m., Monday through Friday, except for

Federal holidays, at the EPA’s Air and

Radiation Docket and Information

Center, room M1500, U.S. EPA, 401 M

Street, SW, Washington, DC 20460;

telephone (202) 260–7548. A reasonable

fee may be charged for copying. This

docket also contains information

considered by the EPA in proposing and

promulgating the original EO NESHAP.

FOR FURTHER INFORMATION CONTACT: For

information concerning applicability

and rule determinations, contact the

appropriate EPA regional or Office of

Enforcement and Compliance Assurance

(OECA) representative:

Region I: Greg Roscoe, Air Programs

Enforcement Office Chief, U.S. EPA,

Region I, JFK Federal Building (SEA),

Boston, MA 02203, Telephone number

(617) 565–3221

Region II: Kenneth Eng, Air

Compliance Branch Chief, U.S. EPA,

Region II, 290 Broadway, New York, NY

10007, Telephone number (212) 637–

4080, Fax number (212) 637–3998

Region III: Walter K. Wilkie, U.S.

EPA, Region III (3AT12), 841 Chestnut

Building, Philadelphia, PA 19107,

Telephone number (215) 566–2150, Fax

number (215) 566–2114

Region IV: Lee Page, U.S. EPA, Region

IV (AR–4), 100 Alabama Street, SW,

Atlanta, GA 30303–3104, Telephone

number (404) 562–9131, Fax number

(404) 562–9095

Region V: Howard Caine (AE–17J),

U.S. EPA, Region V, 77 W. Jackson

Blvd., Chicago, IL 60604, Telephone

number (312) 353–9685, Fax number

(312) 353–8289

Region VI: Sandra A. Cotter (6EN–

AT), U.S. EPA, Region VI (6PD–R), 1445

Ross Avenue, Dallas, TX 75202–2733,

Telephone number (214) 665–7347, Fax

number (214) 665–7446

Region VII: Bill Peterson, U.S. EPA,

Region VII, 726 Minnesota Avenue,

Kansas City, KS 66101, Telephone

number (913) 551–7881

Region VIII: Heather Rooney, U.S.

EPA, Region VIII (8ART–AP), 999 18th

Street, Suite 500, Denver, CO 80202–

2405, Telephone number (303) 312–

6971, Fax number (303) 312–6826

Region IX: Christine Vineyard, U.S.

EPA, Region IX (Air–4), 75 Hawthorne

Street, San Francisco, CA 94105,

Telephone number (415) 744–1197

Region X: Chris Hall, Office of Air

Quality (OAQ–107), U.S. EPA, Region

X, 1200 Sixth Avenue, Seattle, WA

98101–9797, Telephone number (206)

553–1949 or (800) 424–4372 x1949

OECA: Julie Tankersley, U.S. EPA,

OECA (2223A), 401 M Street, SW,

Washington, DC 20460, Telephone

number (202) 564–7002, Fax number

(202) 564–0050.

For information concerning the

analyses performed in developing this

interim final rule, contact Mr. David

Markwordt, Policy, Planning and

Standards Group, Emission Standards

Division (MD–13), Office of Air Quality

Planning and Standards, U.S. EPA,

Research Triangle Park, NC 27711,

telephone number (919) 541–0837 or fax

number (919) 541–0942. For

information concerning the accident
Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations 64737

investigations, contact Mr. Craig

Matthiessen, Chemical Emergency

Preparedness and Prevention Office

(5101), Office of Solid Waste and

Emergency Response, U.S. EPA, 401 M

Street, SW, Washington, DC 20460,

telephone number (202) 260–9781.

SUPPLEMENTARY INFORMATION: An

electronic version of this rule is

available for download from the EPA

Technology Transfer Network (TTN), a

network of electronic bulletin boards

developed and operated by the Office of

Air Quality Planning and Standards.

The TTN provides information and

technology exchange in various areas of

air pollution control. The service is free,

except for the cost of a phone call. Dial

(919) 541–5742 for data transfer of up to

14,400 bits per second. If more

information on the operation of the TTN

is needed, contact the systems operator

at (919) 541–5384. The TTN is also

available on the Internet (access: http:/

/ttnwww.rtpnc.epa.gov).

The information presented in this

preamble is organized as follows:

I. Background and Summary of Action

II. Summary of and Rationale for Suspension

of the Rule

III. Administrative Requirements

A. Paperwork Reduction Act

B. Executive Order 12866, Unfunded

Mandates Reform Act, and Regulatory

Flexibility Act

C. Submission to Congress and the

Comptroller General

I. Background and Summary of Action

On December 6, 1994 (59 FR 62585),

the EPA promulgated the EO NESHAP

which regulates emissions of ethylene

oxide from new and existing

commercial sterilization and fumigation

operations using 1 ton or more of EO per

year. The regulated category and entities

affected by today’s action are the

sources described in 40 CFR 63.360.

That provision includes commercial

operations using ethylene oxide as a

sterilant and fumigant in the production

of medical equipment and supplies, and

in miscellaneous sterilization and

fumigation operations at both major and

area sources. Note that this description

is not intended to be exhaustive but,

rather, to provide a guide for readers

interested in this compliance extension.

To determine whether your facility is

affected by today’s action, you should

carefully examine the applicability

criteria in 40 CFR 63.360. If you have

questions about the applicability of

today’s action to a particular entity,

consult the appropriate person listed in

the preceding FOR FURTHER INFORMATION

CONTACT section.

In July 1997, the Agency learned of

reports of explosions at ethylene oxide

sterilization and fumigation facilities.

EPA does not want matters associated

with the December 1997 compliance

date to possibly compromise safety.

Therefore, the Agency is suspending the

EO NESHAP for one year until

December 6, 1998.

II. Summary of and Rationale for

Suspension of the Rule

As noted above, in July 1997, the

Agency learned of reports of explosions

at ethylene oxide facilities. Several of

these explosions occurred at facilities

subject to the EO NESHAP. The precise

cause of the explosions is still uncertain

at this time. The Agency, however,

wishes to adopt a cautious approach in

order to assure public and worker safety

and, consequently, immediately began

conducting a preliminary investigation

to determine if the emission control

equipment mandated by 40 CFR part 63,

subpart O was in any way associated

with the cause of the problems at these

facilities.

In a July 18, 1997 memorandum, the

director of EPA’s Office of Air Quality

Planning and Standards (OAQPS) asked

all Regional Air Division Directors and

Regional Air Toxics Coordinators to

inform all ethylene oxide facilities of

the recent incidents and the potential

safety problem. Because subpart O’s

December 1997 compliance date had not

yet been triggered, this memorandum

also recommended that, if the owners or

operators of the facilities had any safety

concern, they should disconnect the

control units until the matter could be

examined further.

EPA does not know the extent to

which the explosions that have occured

to date were related to the installation

of control equipment to comply with the

EO NESHAP. However, the Agency

wishes to err, if at all, on the side of

safety. Accordingly, the Agency is today

suspending the EO NESHAP for one

year, until December 6, 1998 pursuant

to the authority inherent to EPA’s

general rulemaking authority under

CAA section 301(a), 42 U.S.C. 7601(a).

CAA section 301(a) grants the

Administrator of the EPA the authority

‘‘to prescribe such regulations as are

necessary to carry out his functions

under this Act.’’ Given the unique

circumstances and uncertainty

surrounding the EO NESHAP, as

described in this notice, EPA believes

that it is necessary to suspend this rule

for the safety of the public and workers

in and around EO facilities. This action

is consistent with the objectives of the

Clean Air Act as stated in section

101(b), 42 U.S.C. § 7401(b), ‘‘The

purposes of this subchapter are * * * to

promote the public health and welfare

and the productive capacity of its

population * * *’’

The original EO NESHAP and today’s

action suspending that rule are

promulgated pursuant to CAA section

307(d), 42 U.S.C. 7607(d), which

requires that any rule subject to that

section be issued only after the public

has received notice of, and an

opportunity to comment on, the rule.

However, section 307(d)(1) exempts

from those requirements any rule for

which the Agency finds under the

Administrative Procedure Act, 5 U.S.C.

§ 553(b), that providing prior noticeand-comment would be impracticable,

unnecessary or contrary to the public

interest.

EPA believes the circumstances

presented here provide good cause to

take this action without prior noticeand-comment. EPA finds that providing

prior notice-and-comment would be

impracticable and contrary to the public

interest based on the potential ongoing

danger to public and worker safety

posed by the recent incidents at

ethylene oxide facilities. There is

simply not enough time to provide

notice-and-comment procedures before

the current compliance date of

December 6, 1997 arrives, and until the

compliance date is extended, sources

are faced with having to install control

equipment in time to meet the current

compliance date. Only by omitting

notice-and-comment from this action

can EPA provide sources affected by the

EO NESHAP with timely legal relief

from the current compliance date, while

EPA investigates the situation.

Consequently, this action is being

promulgated without prior notice-andcomment as provided for in CAA

section 307(b)(1) and is immediately

effective as provided for in CAA section

112(d)(10).

Nonetheless, EPA is providing 30

days for submission of public

comments. EPA will consider all written

comments submitted in the allotted time

period to determine if any change to this

action is necessary.

In addition, the OAQPS Director has

requested that the appropriate Regional

Offices, in cooperation with the Office

of Solid Waste and Emergency

Response’s Chemical Emergency

Preparedness and Prevention Office

(CEPPO), and the Regional CEPPO

program offices, visit the facilities

where the incidents have occurred to

gather all relevant information. In

suspending the EO NESHAP and

directing this investigation effort, the

Administrator wishes to remind the

public and the regulated community

that the role of the EPA has been and

continues to be protection of public
64738 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations

health and the environment in a way

that is consistent with safety concerns.

As mentioned above, EPA has been

investigating and will continue to

investigate the cause of these incidents.

During the one year suspension period,

the Agency will provide the public with

the results of the investigation. At the

conclusion of the one year period, EPA

expects to have addressed any safety

concerns with the EO NESHAP

requirements. If the Agency finds that

changes to the EO NESHAP are

necessary to address safety concerns,

EPA will conduct a rulemaking to

promulgate a revised standard and

sources will be given adequate

opportunity to comply with the revised

rule. If, however, EPA concludes that no

changes are necessary, EO facilities will

be expected to be in compliance with

the EO NESHAP by December 6, 1998.

III. Administrative Requirements

A. Paperwork Reduction Act

The information collection

requirements of the EO NESHAP were

submitted to and approved by the Office

of Management and Budget (OMB). A

copy of this Information Collection

Request (ICR) document (OMB control

number 2060–0283) may be obtained

from Ms. Sandy Farmer, Information

Policy Branch (2136); U.S. EPA; 401 M

Street, SW, Washington, DC 20460, or

by calling (202) 260–2740.

Today’s action has no impact on the

information collection burden estimates

made previously. Today’s action merely

suspends the EO NESHAP for one year.

This change does not impose new

requirements. Consequently, the ICR has

not been revised.

B. Executive Order 12866, Unfunded

Mandates Reform Act, and Regulatory

Flexibility Act

Today’s action serves to reduce the

burden on certain sources by

temporarily suspending the EO

NESHAP. Consequently, under

Executive Order 12866, this action is

not a ‘‘significant regulatory action’’ and

is therefore not subject to review by the

Office of Management and Budget.

Since this action is not subject to noticeand-comment rulemaking requirements

under the APA or any other law, it is

also not subject to sections 202, 204 or

205 of the Unfunded Mandates Reform

Act (UMRA). In addition, since this

action does not impose annual costs of

$100 million or more and will not

significantly or uniquely affect small

governments, the Agency has no

obligations under section 203 of UMRA.

Moreover, since this action is not

subject to notice-and-comment

requirements under the APA or any

other statute as discussed above, it is

not subject to section 603 or 604 of the

Regulatory Flexibility Act.

C. Submission to Congress and the

Comptroller General

EPA submitted a report containing

this action and other information to the

U.S. Senate, the U.S. House of

Representatives, and the Comptroller

General of the United States prior to

publication in today’s Federal Register.

This action is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2). This rule is

effective immediately pursuant to 5

U.S.C. 808(2) because the EPA for good

cause finds that notice and comment is

impracticable, unnecessary, or contrary

to the public interest, for the reasons

stated previously.

List of Subjects in 40 CFR Part 63

Environmental protection, Air

pollution control, Ethylene oxide

sterilization, Hazardous substances,

Reporting and recordkeeping

requirements.

Dated: December 4, 1997.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, Title 40, Part 63, Subpart O

of the Code of Federal Regulations, is

hereby suspended until December 6,

1998.

[FR Doc. 97–32328 Filed 12–5–97; 1:16 pm]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50608E; FRL–5746–2]

RIN 2070–AB27

Polyalkylene Polyamine; Significant

New Use Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is issuing a significant

new use rule (SNUR) under section

5(a)(2) of the Toxic Substances Control

Act (TSCA) for the chemical substance

described as polyalkylene polyamine

which is the subject of premanufacture

notice (PMN) P–89–963. This rule

would require certain persons who

intend to manufacture, or import this

substance for a significant new use to

notify EPA at least 90 days before

commencing any manufacturing or

importing activities for a use designated

by this SNUR as a significant new use.

The required notice would provide EPA

with the opportunity to evaluate the

intended use and, if necessary, to

prohibit or limit that activity before it

can occur.

DATES: This rule is effective January 8,

1998.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. E–543B, 401 M St., SW.,

Washington, DC 20460, telephone: (202)

554–1404, TDD: (202) 554–0551; e-mail:

TSCA-Hotline@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Availability: Electronic

copies of this document are available

from the EPA Home Page at the Federal

Register-Environmental Documents

entry for this document under ‘‘Laws

and Regulations’’ (http://www.epa.gov/

fedrgstr/).

This final SNUR would require

persons to notify EPA at least 90 days

before commencing the manufacture or

import of P–89–963 for the significant

new uses designated herein. The

required notice would provide EPA

with information with which to evaluate

an intended use and associated

activities.

I. Authority

Section 5(a)(2) of TSCA (15 U.S.C.

2604(a)(2)) authorizes EPA to determine

that a use of a chemical substance is a

‘‘significant new use.’’ EPA must make

this determination by rule after

considering all relevant factors,

including those listed in section 5(a)(2).

Once EPA determines that a use of a

chemical substance is a significant new

use, section 5(a)(1)(B) of TSCA requires

persons to submit a notice to EPA at

least 90 days before they manufacture,

import, or process the chemical

substance for that use. Section 26(c) of

TSCA authorizes EPA to take action

under section 5(a)(2) with respect to a

category of chemical substances.

Persons subject to this SNUR would

comply with the same notice

requirements and EPA regulatory

procedures as submitters of

premanufacture notices under section

5(a)(1) of TSCA. In particular, these

requirements include the information

submission requirements of section 5(b)

and (d)(1), the exemptions authorized

by section 5(h)(1), (h)(2), (h)(3), and

(h)(5), and the regulations at 40 CFR

part 720. Once EPA receives a SNUR

notice, EPA may take regulatory action

under section 5(e), 5(f), 6, or 7 to control

the activities for which it has received

a SNUR notice. If EPA does not take