6560 - 50 - P 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 63 

[EPA-HQ-OAR-2002-0037; FRL-9921-80-0AR] 

RIN 2060-AS45 

National Emission Standards for Hazardous Air Pollutants for 

Polyvinyl Chloride and Copolymers Production Area Sources Wastewater 

Limit Withdrawal 

AGENCY: Environmental Protection Agency . 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 

final action to amend the National Emission Standards for Hazardous 

Air Pollutants for Polyvinyl Chloride and Copolymers Production Area 

Sources. This direct final rule withdraws the total non- vinyl 

chloride organic hazardous air pollutant (TOHAP) process wastewater 

emission standards for new and existing polyvinyl chloride and 

copolymers (PVC) area sources. 

DATES: This rule is effective on [insert date 52 days from date of 

publication in the Federal Register] without further notice , unless 

the EPA receives adverse comment by [insert date 37 days from date of 

publication in the Federal Register]. If the EPA receives adverse 

comment , we will publish a timely withdrawal in the Federal Register 

informing the public that the amendments in the final rule will not 

take effect . 

ADDRESSES: Comments . Submit your comments , identified by Docket ID 

Number EPA- HQ-OAR- 2002 - 0037 , by one of the following methods : 
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• Federal eRulemaking Portal: http : //www . regulations . gov : Follow 

the on- line instructions for submitting comments . 

• Email : a - and-r-docket@epa . gov . Attention Docket ID Number EPA~ 

HQ-OAR-2002-0037. 

• Fax : (202) 566- 9744 . Attention Docket ID Number EPA-HQ-OAR- 2002 -

0037 . 

• Mail : U. S . Environmental Protection Agency , EPA Docket Center, 

Mail Code : 28221T , Attention Docket ID Number EPA- HQ-OAR- 2002 -

0037 , 1200 Pennsylvania Ave ., NW , Washington , DC 20460 . 

• Hand Delivery : U. S . Environmental Protection Agency , EPA Docket 

Center, Room 3334 , EPA WJC West Building , 1301 Constitution 

Ave ., NW, Washington, DC 20004. Attention Docket ID Number EPAHQ - OAR- 20Q2 - 0037 . Such deliveries are oniy 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 Number EPA-HQOAR- 2002-0037 . The 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 email . The 
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http://www.regulations . gov Web site is an "anonymous access" system, 

which means the EPA will not know your identity or contact 

information unless you provide it in the body of your comment . If you 

send an email comment directly to the EPA without going through 

http://www.regulations.gov , your email 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 , the 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 the EPA cannot read your comment due to 

technical difficulties and cannot contact you for clarification, the 

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 the 

EPA ' s public docket , visit the EPA Docket Center homepage at : 

http : //www . epa . gov/dockets . 

We request that you also send a separate copy of each comment to 

the contact person listed below (see FOR FURTHER INFORMATION 

CONTACT ) . 

Docket : All documents in the docket are listed in the 

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 
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electronically in www.regulati o ns.gov or in hard copy at the EPA 

Docket Center, EPA/DC , EPA WJC West Building, Room 3334 , 1301 

Constitution Ave ., NW , Washington , DC . The Public Reading Room is 

open from 8 : 30a . m. to 4 : 30p . 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 EPA Docket Center is 

(202) 566- 1742 . 

FOR FURTHER INFORMATION CONTACT: Ms . Jodi Howard , Sector Policies and 

Programs Division (E143-01) , Office of Air Quality Planning and 

Standards, U.S . Environmental Protection Agency , Research Triangle 

Park , N C 2 7 7 11 ; t e 1 e phone number : ( 91 9 ) 5 4 1 - 4 6 0 7 ; fax number : ( 919 ) 

541 - 0246 ; and email address : howard . jodi@epa . gov . 

SUPPLEMENTARY INFORMATION: 

Organization of This Document . The information in this preamble 

is organized as follows : 

I . Why is the EPA issuing a direct final rule? 

II . Does this direct final rule apply to me? 

III . What should I consider as I prepare my comments for the EPA? 

IV . What are the amendments made by this direct final rule? 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory Planning and Review and 

Executive Order 13563: Improving Regulation and Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act (UMRA) 

E. Executive Order 13132 : Federalism 

F . Executive Order 13175 : Consultation and Coordination with Indian 

Tribal Governments · 

G. Executive Order 13045 : Protection of Children from Environmental 

Health Risks and Safety Risks 

H. Executiv e Order 13211 : Actions Concerning Regulations that 

Significantly Affect Energy Supply , Distribution or Use 

I. National Technology Transfer and Advancement Act 

J . Executive Order 12898: Federal Actions to Address Environmental 
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Justice in Minority Populations and Low-Income Populations 

K. Congressional Review Act (CRA) 

I. Why is the EPA issuing a direct final rule? 

The EPA is publishing thi$ direct final rule without a prior 

proposed rule because we view this as a noncontroversial action and 

anticipate no adverse comment. However , in the "Proposed Rules" 

section of this Federal Register, we are publishing a separate 

document that will serve as the proposed rule to the National 

Emission Standards for Hazardous Air Pollutants for Polyvinyl 

Chloride and Copolymers Production Area Sources Wastewater Limit 

Withdrawal , if adverse comments are received on this direct final 

rule . We will not institute a second comment period on this action . 

Any parties interested in commenting must do so at this time. For 

further information about commenting on this rule, see the ADDRESSES 

section of this document . 

If the EPA receives adverse comments, we will publish a timely 

withdrawal in the Federal Register informing the public that some or 

all of this direct final rule will not take effect. We would address 

all public comments in any subsequent final rule based on the 

proposed rule. 

II . Does this direct final rule apply to me? 

Categories and entities potentially regulated by this direct 

final rule include: 

Category NAICS 

Code 1 

Examples of Regulated Entities 
Polyvinyl chloride 

resins manufacturing 

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325211 Facilities that polymerize 

vinyl chloride monomer to 

produce polyvinyl chloride 

and/or copolymers products . 

1 North American Industry Classification System . 

This table is not intended to be exhaustive , but rather provides 

a guide for readers regarding entities likely to be regulated by · this 

direct final rule . To determine whether your facility would be 

regulated by this direct final rule , you should examine the 

applicability criteria in 40 CFR 63 . 11140 . If you have any questions 

regarding the applicability of this acti?n to a particular entity, 

consult either the air permitting authority for the entity or your 

EPA regional representative as listed in 40 CFR 63 . 13. 

III . What should I consider as I prepare my comments for the EPA? 

Submitting CBI . Do not submit information containing CBI to the 

EPA through http : //www . regulations . gov or email . Clearly mark the 

part or all of the information that you claim to be CBI . For CBI 

information on a disk or CD- ROM that you mail to the EPA, mark the 

outside of the disk or CD-ROM as CBI and then identify electronically 

within the disk or CD-ROM the specific information that is claimed as 

CBI. In addition to one complete version of the comments that 

includes information claimed as CBI , you must submit a copy of the 

comments that does not contain the information claimed as CBI for 

inclusion in the public docket . If you submit a CD-ROM or disk that 

does not contain CBI , mark the outside of the disk or CD- ROM clearly 

that it does not contain CBI. Information not marked as CBI will be 

included in the public docket and the EPA' s electronic public docket 
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without prior notice . Information marked as CBI will not be disclosed 

except in accordance with procedures set forth in 40 CFR part 2 . Send 

or deliver information identified as CBI only to the following 

address : OAQPS Document Control Officer (C404 - 02) , OAQPS , U. S . 

Environmental Protection Agency , Research Triangle Park , North 

Carolina 27711 , and Attention Docket ID Number EPA- HQ- OAR-2002 - 0037 . 

IV . What are the amendments made by this direct final rule? 

This direct final rule withdraws the PVC area source process 

wastewater emission standards for TOHAP for new and existing sources 

in Tables 1 and 2 of 40 CFR part 63 , subpart DDDDDD . This rule makes 

no other changes to Tables 1 and 2 , or any other aspect of the PVC 

rule. 77 FR 22848 (April 17 , 2012) . The existing rule limits area 

source process wastewater TOHAP emissions for new and existing 

sources to 0 . 018 parts per million by weight for all resin types. 

Subsequent to the April 14 , 2012 , promulgation of the national 

emission standards for hazardous air pollutants (NESHAP) for PVC Area 

Sources, PVC industry stakeholders informed the EPA that data from a 

groundwater remediation stripper that is not part of the PVC 

Production source category had mistakenly been submitted to the EPA 

as PVC process wastewater data in response to the EPA' s 2009 Clean 

Air Act (CAA) section 114 survey . Those wastewater data were used to 

set the new and existing area source TOHAP process wastewater 

emission standards . The PVC industry stakeholders requested that the 

PVC area source process wastewater TOHAP emission standards be 
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withdrawn from the PVC Area Source NESHAP since they are not based on 

data from the PVC Production source category . 

The EPA agrees and is taking action to withdraw the area source 

process wastewater TOHAP emission standards. Since promulgation of 

the April 2012 PVC Area Source NESHAP , the EPA also has requested 

process wastewater data in CAA section 114 surveys from companies 

with PVC area sources and is presently developing a proposed rule in 

its reconsideration of certain PVC area source NESHAP , including the 

process wastewater TOHAP emission standards . 

Comments on this direct final rule are limited to issues 

directly associated with the withdrawal of the PVC Area Source NESHAP 

process wastewater emission standards for TOHAP in Tables 1 and 2 of 

40 CFR part 63, subpart DDDDDD. Any other issues raised in comments 

are outside the scope of this rulemaking. 

V. Statutory and Executive Order Reviews 

Additional information about these statutes and Executive Orders can 

be found at http : //www2.epa . gov/laws-regulations/laws-and-executive 

orders. 

A. Executive Order 12866: Regulatory Planning and Review and 

Executive Order 13563 : Improving Regulation and Regulatory Review 

This action is not a significant regulatory action and was , 

therefore, not submitted to the Office of Management and Budget (OMB) 

for review. 

B. Paperwork Reduction Act (PRA) 
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This action does not impose any new information collection 

burden under the PRA . OMB has previously approved the information 

collection activities contained in the existing regulation (4~ CFR 

part 63 , subpart DDDDDD) · and has assigned OMB control number 2060 -

0684 . This action does not change the information collection 

requirements . The OMB control numbers for the EPA ' s regulations are 

listed in 40 CFR part 9. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have a significant economic 

impact on a substantial number of small entities under the RFA. This 

action will not impose any requirements on small entities. To the 

EPA ' s knowledge , there are no small entities subject to the final 

rule . 

D. Unfunded Mandates Reform Act (UMRA) 

This action does not contain any unfunded mandate as described 

in UMRA , 2 U. S . C. 1531-1538 , and does not significantly or uniquely 

affect small governments . The action imposes no enforceable duty on 

any state , local or tribal governments or the private sector . 

E. Executive Order 13132 : Federalism 

This action does not have federalism implications . It will 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 . 
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F . Executive Order 13175: Consultation and Coordination with Indian 

Tribal Governments 

This action does not have tribal implications, as specified in 

Executive Order 13175 . The final amendments impose no requirements on 

tribal governments . Thus , Executive Order 13175 does not apply to 

this action . 

G. Executive Order 13045 : Protection of Children from Environmental 

Health Risks and Safety Risks 

The EPA interprets Executive Order 13045 as applying only to 

those regulatory actions that concern environmental health or safety 

risks that the EPA has reason to believe may disproportionately 

affect children , per the definition of " covered regulatory action" in 

section 2 - 202 of the Executive Order . This action is not subject to 

Executive Order 13045 because it does not concern an environmental 

health risk or safety risk . The EPA is developing proposed area 

source process wastewater standards in a reconsideration proceeding . 

H. Executive Order 13211 : Actions Concerning Regulations That 

Significantly Affect Energy Supply , Distribution or Use 

This action is not subject to Executive Order 13211 because it 

is not a significant regulatory action under Executive Order 12866 . 

I . National Technology Transfer and Advancement Act 

. This action does not involve any new technical standards . 

J . Executive Order 12898 : Federal Actions to Address Environmental 

Justice in Minority Populations and Low-Income Populations 
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The EPA believes the human health or environmental risk 

addressed by this action will not have potential disproportionately 

high and adverse human health or environmental effects on minority, 

low-income or indigenous populations. An evaluation was not needed 

for this action. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA , and the EPA will submit a 

rule report to each House of the Congress and to the Comptroller J 

General of the United States . This action is not a "major rule" as 

defined by 5 U. S . C. 804(2) . 
National Emission Standards for Hazardous Air Pollutants for 

Polyvinyl Chloride and Copolymers Production Area Sources 

Page 12 of 16 

List of Subjects in 40 CFR Part 63 

Environmental protection, Administrative practice and procedure , 

Air pollution control , Intergovernmental relations, Reporting and 

recordkeeping requirements. 

Dated : 

Gi 

Ad 
Page 13 of 16 

For the rea s ons stated in the preamble , titl e 40 , chapter 

I , of the Code of Federal Regulations is amended a s follows : 

PART 63-NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE CATEGORIES 

1 . The auth ority citation for part 63 continu es to rea d as 

follows : 

Authority: 42 U. S . C. 7 401 , e t · 

Subpart DDDDDD-National Emission Standards for Hazardous Air 

Pollutants for Polyvinyl Chloride and Copolymer Production Area 

Sources 

2 . Table 1 to Subpart DDDDDD is revis ed to rea d as follows : 

TABLE 1 TO SUBPART DDDDDD OF PART 63-EMISSION LIMITS AND 

STANDARDS FOR EXISTING AFFECTED SOURCES 

And for an 

For this affected source 

type of producing this You must meet 

emission And for this air type of PVC this emission 

point ... pollutant ... resin ... limit ... 

PVC- only Vinyl chloride . Al l resin types . 5 . 3 parts per 

process million by 

vent s a . volume (ppmv) . 

To t a l hydrocar bons . Al l resin types . 46 ppmv 

measured a s 

propane. 

Total organic HAPb. All resin types . 140 ppmv . 

Dioxins/furans All resin types . 0 . 13 nanograms 

(toxi c equiva l ency per dry 

basis ) . s tandard cub ic 

meter 

(ng/dscm) . 

PVC- Vinyl chloride . All re s in type s. 0 . 56 ppmv . 

combined To t a l hydrocarbons . All re s i n type s. 2 . 3 ppmv 

process me a sured as 

vent s a . p ropane . 

Tot a l organic HAPb. All resin types. 29 ppmv . 

Dioxins/furans All resin types . 0 . 076 ng/ds cm . 

(toxic equivalency 

basi s) . 
Page 14 of 16 

And for an 

For this affected source 

type of producing this You must meet 

emission And for this air type of PVC this emission 

point ... pollutant .. . resin ... limit . . . 

Stripped Vinyl chloride. Bulk resin . 7 . 1 parts per 

resin . million by 

weight (ppmw) . 

Dispersion 1 , 500 ppmw . 

resin . 

Suspension 36 ppmw . 

resin . 

Suspension 140 ppmw . 

blending resin . 

Copolymer resin . 790 ppmw . 

Total non-vinyl Bulk resin . 170 ppmw . 

chloride organic 

HAP . Dispersion 320 ppmw . 

resin . 

Suspension 36 ppmw . 

resin . 

Suspension 500 ppmw . 

blending resin. 

Copolymer resin . 1 , 900 ppmw . 

Process Vinyl chloride . All resin types . 2 . 1 ppmw . 

Wastewater . 

a Emission limits at 3-percent oxygen , dry basis . 

bAffected sources have the option to comply with either the total hydrocarbon 

limit or the total organic HAP limit. 

3 . Table 2 to Subpart booooo is revised to read as fo llows : 

TABLE 2 TO SUBPART DDDDDD OF PART 63-EMISSION LIMITS AND 

STANDARDS FOR NEW AFFECTED SOURCES 

And for an 

For this affected source 

type of producing this 

emission And for this air type of PVC You must meet this 

point ... pollutant ... resin ... emission limit ... 

PVC-only Vinyl chloride . All resin 5 . 3 parts per 

process types . mi llion by volume 

vent s a . (ppmv) . 

Tot a l All resin 46 ppmv measur ed a s 

hydrocarbons . types . propane . 
Page 15 of 16 

And for an 

For this affected source 

type of producing this 

emission And for this air type of PVC You must meet this 

point .. . pollutant ... resin ... emission limit ... 

Total organic All resin 140 p pmv . 

HAPb. types . 

Dioxins /furans All r esin 0 . 13 nanograms p er 

(toxi c type s. dry sta ndard cubic 

equ ivalency meter (ng/dscm) . 

basis) . 

PVC- Vi n y l chl oride . All re s in 0 . 56 ppmv . 

combined types . 

process Total All resin 2 . 3 ppmv measured a s 

vents a . hydrocarbons. types . propane . 

Total organic All resin 29 ppmv . 

HAPb. type s. 

Di oxins/furans All re s i n 0 . 07 6 ng/dscm. 

(toxi c types . 

equival e ncy 

basis ) . 

Stripped Vinyl chloride . Bulk resin . 7 . 1 parts per 

resi n . million by weight 

(ppmw) . 

Dispersion 1 , 500 p pmw . 

resin . . 

Suspension 36 ppmw . 

resin . 

Suspension 140 ppmw . 

blending resin . 

Copolymer 790 ppmw . ' resin . 

Total non-vinyl Bulk resin . 170 ppmw . 

chl oride organi c 

HAP . Dispersion 320 ppmw . 

resin . 

Sus pension 36 ppmw. 

resin . 

Suspension 500 ppmw . 

blending resin . 

Copolymer 1 , 900 ppmw . 

resin. 
Page 16 of 16 

And for an 

For this affected source 

type of producing this 

emission And for this air type of PVC You must meet this 

point ... pollutant ... resin ... emission limit ... 

Process Vinyl chloride . All resin 2 .1 ppmw. 

Wastewater . types. 

a Emission limits at 3 percent oxygen , dry basis . 

b Affected sources have the option to comply with either the total hydrocarbon 

limit or the total organic HAP limit .