26078 Federal Register / Vol. 63, No. 91 /Tuesday, May 12, 1998 /Rules and Regulations

List of Subjects in 21 CFR Part 1240

Communicable diseases, Public

health, Travel restrictions, Water

supply.

Therefore, under the Public Health

Service Act and under the authority

delegated to the Commissioner of Food

and Drugs, 21 CFR part 1240 is

amended as follows:

PART 1240—CONTROL OF

COMMUNICABLE DISEASES

1. The authority citation for part 1240

continues to read as follows:

Authority: 42 U.S.C. 216, 243, 264, 271.

§ 1240.70 [Removed]

2. Section 1240.70 Lather brushes is

removed.

Dated: May 4, 1998.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 98–12450 Filed 5–11–98; 8:45 am]

BILLING CODE 4160–01–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6011–6]

RIN 2060–AC19

National Emission Standards for

Hazardous Air Pollutants for Source

Categories; Organic Hazardous Air

Pollutants From the Synthetic Organic

Chemical Manufacturing Industry

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule: Amendments.

SUMMARY: This action promulgates final

amendments to the National Emission

Standards for Hazardous Air Pollutants

for Source Categories; Organic

Hazardous Air Pollutants from the

Synthetic Organic Chemical

Manufacturing Industry (SOCMI) by

adding tetrahydrobenzaldehyde (THBA)

and crotonaldehyde to, and removing

acetaldol from, the list of chemical

production processes. The amendment

also establishes a separate compliance

date of 3 years from final action for

subparts F and G of part 63 and 1 year

from final action for subpart H of part

63 for the THBA and crotonaldehyde

production processes. The EPA is also

making a change to clarify compliance

demonstration requirements for flexible

operation units.

This action implements section 112(d)

of the Clean Air Act as amended in 1990

(the Act), which requires the

Administrator to regulate emissions of

hazardous air pollutants (HAP) listed in

section 112(b) of the Act. The intended

effect of this rule is to protect the public

by requiring new and existing major

sources to control emissions of HAP to

the level reflecting application of the

maximum achievable control

technology. This action also amends the

initial list of source categories of HAP

required by section 112(c) of the Act by

removing THBA production from the

list of categories of major sources.

EFFECTIVE DATE: May 12, 1998.

FOR FURTHER INFORMATION CONTACT: For

information concerning this action

contact Mr. John Schaefer at (919) 541–

0296, Organic Chemicals Group,

Emission Standards Division (MD–13),

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

27711.

SUPPLEMENTARY INFORMATION:

I. Regulated Entities and Background

Information

A. Regulated Entities

The regulated category and entities

affected by this action include:

Category Regulated entities

Industry .. Facilities that produce

tetrahydrobenzaldehyde; facilities that produce

crotonaldehyde.

Synthetic organic chemical manufacturing industry (SOCMI)

units, e.g., producers of benzene, toluene, or any other

chemical listed in Table 1 of 40

CFR part 63, subpart F.

This table is not intended to be

exhaustive but, rather, provides a guide

for readers regarding entities likely to be

interested in the revisions to the

regulation affected by this action.

Entities potentially regulated by the

HON are those which produce as

primary intended products any of the

chemicals listed in table 1 of 40 CFR

part 63, subpart F or facilities producing

THBA or crotonaldehyde and that are

located at facilities that are major

sources as defined in section 112 of the

Clean Air Act (CAA). To determine

whether your facility is regulated by this

action, you should carefully examine all

of the applicability criteria in 40 CFR

63.100. If you have questions regarding

the applicability of this action to a

particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

With today’s action, EPA is making

production of THBA and

crotonaldehyde subject to subparts F, G,

and H of 40 CFR Part 63. Subparts F, G,

and H of 40 CFR Part 63 establish

National Emission Standards for

Hazardous Air Pollutants (NESHAP) for

the Synthetic Organic Chemical

Manufacturing Industry (SOCMI) (57 FR

62607). This rule is commonly referred

to as the hazardous organic NESHAP or

the HON. The HON rule applies to

SOCMI facilities located at major

sources and affects approximately 310

facilities nationwide. These SOCMI

facilities include those that produce one

or more of the synthetic organic

chemicals listed in Table 1 of Subpart

F and that either (1) use an organic HAP

as a reactant or (2) produce an organic

HAP in the process. Emission points

within these facilities affected by the

rule are process vents, storage vessels,

transfer operations, equipment leaks,

and wastewater collection systems.

Processes producing THBA were not

included on the list of SOCMI processes

to be regulated under the HON.

Crotonaldehyde production was

removed from the list of SOCMI

processes to be regulated by the HON

when the rule was issued in April 1994.

Crotonaldehyde production was deleted

because available information indicated

that this chemical was no longer

produced in the United States. Because

EPA has since learned that

crotonaldehyde is still produced in the

United States, in today’s action EPA is

adding crotonaldehyde production to

the HON.

II. Summary of Changes to Rule

A. Addition of THBA Production

Tetrahydrobenzaldehyde production

was included as a source of HAP

emissions under the source category of

butadiene dimers production on the

initial list of source categories selected

for regulation under Section 112(c) of

the Act published on July 16, 1992 (57

FR 31576) and was scheduled for

control by November 1997 on the

section 112(e) source category schedule

(58 FR 63941). Although the initial

source category list clearly identified

THBA production as being included in

the butadiene dimers production source

category, the butadiene dimers name

was a misnomer. Consequently, the

butadiene dimers production source

category was changed to

tetrahydrobenzaldehyde production by

a source category list maintenance

action finalized on June 4, 1996 (61 FR

28197). Today’s action will add THBA

production to the list of HON-affected

chemicals.

THBA is produced by reacting 1,3-

butadiene and acrolein together. Both

1,3-butadiene and acrolein are HAPs
Federal Register / Vol. 63, No. 91 /Tuesday, May 12, 1998 /Rules and Regulations 26079

and are emitted during the production

process. At this time, only one facility

in the nation manufactures THBA, and

it is not expected that additional

facilities will begin producing THBA.

The THBA production unit is co-located

with other SOCMI production units to

which the HON is applicable. In

addition, the emissions points and air

pollution control measures applied are

identical to those encountered in these

co-located SOCMI units.

THBA is used in the manufacture of

paint additives. The product is similar

to other SOCMI products on the list of

HON-affected chemicals in that it is an

intermediate organic chemical used in

the manufacture of other organic

chemicals. The production of THBA

was not included in the HON initially,

because EPA was unaware of THBA’s

similarities to other SOCMI chemicals.

Had EPA been aware of these

similarities THBA would have been

included in the list of affected HON

chemicals in the initial HON

rulemaking and subject to the

requirements in the HON.

The EPA considers THBA production

to be a batch process for purposes of

equipment leaks since, the process

operates over only a short operating

cycle before experiencing significant

fouling (plugging) in the reaction

system, requiring the system to be

shutdown and the equipment cleaned.

Due to the frequent shutdown and

equipment cleaning cycle, the process is

classified as a batch process for

purposes of subpart H.

The effect of today’s action is twofold.

First, it subjects facilities manufacturing

THBA to the provisions of 40 CFR part

63, subparts F, G, and H. Although an

assessment of the impacts

(environmental, cost, economic, or

other) associated with this action has

not been conducted, the EPA believes

that the impact on the THBA production

unit will be no more or less severe than

those imposed on the other SOCMI

production processes already affected.

Second, it overrides the need to write a

separate regulation for the THBA

production source category.

Consequently, the THBA production

source category is being removed from

the list of HAP-emitting source

categories published pursuant to

Section 112(c) of the Act because it is

being subsumed under the HON rule.

The EPA does not believe that the

development of a separate rule for this

source category is justified or would

result in a different control level than

that required under the HON. Today’s

action is consistent with the source

category schedule, which requires

regulation of THBA production

(originally listed as butadiene dimers

production) by November 1997.

With respect to the issue of whether

the addition of the THBA production

source category to the population of

SOCMI sources regulated by the HON

would alter the maximum achievable

control technology (MACT)

determinations made for the HON rule,

it has been concluded that since the

emission points and air pollution

control measures at the only facility

known to manufacture THBA are

similar to those at other SOCMI sources,

the HON MACT floor determination

would be unaffected.

This action establishes compliance

dates for THBA production units of 1

year from the date this action is

published for subpart H of this part and

3 years from the date this action is

published for subparts F and G of this

part. The compliance date of three years

from the date of this action for

compliance with subparts F and G of

this part is to allow time for retrofitting

of controls and evaluation of control

requirements in the one known facility.

A facility has one year from today for

compliance with subpart H of this part.

One year is believed to provide

sufficient time to establish the

equipment leak monitoring program and

recordkeeping system. These time

periods are consistent with the

compliance times provided for sources

originally subject to the HON rule.

B. Addition of Crotonaldehyde

Production and Removal of Acetaldol

Production

Today’s action adds crotonaldehyde

production to the chemical production

processes subject to the HON and

establishes a new compliance date for

crotonaldehyde chemical manufacturing

process units. In addition, today’s action

removes acetaldol production processes

from the applicability of the HON by

removing this chemical from table 1 of

subpart F.

In the April 22, 1994 rule, EPA made

several changes to the proposed lists of

chemical products to correct errors and

to remove chemicals no longer

commercially produced in the United

States. One of the chemical products

removed from the list of SOCMI

chemicals in the April 1994 notice,

based upon the belief that it was no

longer commercially produced in the

United States, was crotonaldehyde.

Since April 1994, EPA has learned that

this removal was an error because

crotonaldehyde is produced by at least

one facility in the United States. The

EPA has also learned that acetaldol,

which was retained on table 1 of subpart

F in the April 1994 rule, is an unstable

intermediate which is used to produce

either crotonaldehyde or 1,3-butylene

glycol, and is therefore not itself a

product appropriate for inclusion on

table 1 of subpart F. Based on the

January 17, 1997 amendments to the

HON (62 FR 2721), EPA believes that

acetaldol production operations are

more appropriately considered unit

operations part of crotonaldehyde or

1,3-butylene glycol chemical

manufacturing process units. Therefore,

the EPA is revising table 1 of subpart F

by removing acetaldol. Crotonaldehyde

production is being added to subpart F

as a regulated process. No action is

needed for 1,3-butylene glycol because

that chemical is already listed in table

1 of subpart F.

This action creates a new compliance

date for crotonaldehyde chemical

production process units because of the

confusion caused by listing a

nonisolated intermediate chemical

product instead of the correct final

product. The new compliance date is 3

years from today for compliance with

subparts F and G of this part to allow

time for retrofitting of controls and

evaluation of control requirements in

the one known facility. A compliance

date of 1 year from today is being used

for compliance with subpart H of this

part. One year is believed to provide

sufficient time to establish the

equipment leak monitoring program and

recordkeeping system. These time

periods are consistent with the

compliance times provided for sources

originally subject to the HON rule.

C. Clarification of Compliance

Demonstration Requirements for

Flexible Operation Units

In today’s action, EPA is adding a new

paragraph (b)(6) to § 63.103 of subpart F

to clarify the compliance demonstration

requirements for flexible operation

units. This amendment revises the rule

to clarify that performance tests and

monitoring parameter ranges are to be

based on operating conditions present

during production of the primary

product. The April 1994 rule was not

clear on this point due to a drafting

oversight. This change is being added

because some owners and operators

have expressed concerns that the rule

could be interpreted as requiring

installation of additional controls for

periods when the flexible operation unit

is producing a product other than the

primary product. It is not the EPA’s

intent that the rule be interpreted in this

manner. Therefore, for the purposes of

compliance with this rule, additional

controls are not required when

producing products other than the

primary product. The EPA has also
26080 Federal Register / Vol. 63, No. 91 /Tuesday, May 12, 1998 /Rules and Regulations

recently learned that there are questions

whether the rule requires owners or

operators to develop parameter

monitoring ranges appropriate for each

product produced by a flexible

operation unit or to develop parameter

monitoring ranges for operating

conditions during production of the

primary product of the flexible

operation unit. The need for

clarification of these aspects of

compliance demonstration became

apparent as facilities were completing

compliance planning and demonstration

activities for the April 1997 compliance

deadline. This revision will make the

rule consistent with the assumptions

that EPA used in deriving the cost

(including the recordkeeping and

reporting burden) estimates used in

support of the April 1994 rule. Based on

conversations with several industry

representatives, EPA believes that

today’s action is generally consistent

with industry’s understanding of the

rule. Today’s clarification is not

expected to increase the cost or burden

of demonstrating compliance with the

HON.

D. Public Comment on the August 22,

1997 Proposal

Three comment letters were received

on the August 22, 1997 Federal Register

document that proposed changes to this

rule. All comments received were from

industry representatives. While the

comments received were supportive of

the proposed amendments they

expressed concern with the

applicability of the rule and clarity of

the proposed changes. The EPA has

considered these comments and has

made one minor change to the final rule,

and added additional language to the

preamble to clarify the compliance

demonstration procedures for flexible

operation units. The response to these

comments may be obtained over the

Internet at http://www.epa.gov/ttn or

from the EPA’s Technology Transfer

Network (TTN). The TTN is a network

of electronic bulletin boards operated by

the Office of Air Quality Planning and

Standards. The service is free, except for

the cost of a phone call. Dial (919) 541–

5742 for up to a 14,400 bits per second

modem. Select TTN Bulletin Board:

Clean Air Act Amendments and select

menu item Recently Signed Rules. If

more information on TTN is needed,

contact the systems operator at (919)

541–5384.

III. Administrative

A. Paperwork Reduction Act

The Office of Management and Budget

(OMB) has approved the information

collection requirements contained in the

rule under the Provisions of the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq. and has assigned OMB

control number 2060–0282. An

Information Collection Request (ICR)

document was prepared by the EPA

(ICR No. 1414.03) and a copy may be

obtained from Sandy Farmer, OPPE

Regulatory Information Division; U.S.

Environmental Protection Agency

(2137); 401 M St., SW.; Washington DC

20460 or by calling (202) 260–2740.

An agency may not conduct or

sponsor, and a person is not required to

respond to a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for the EPA’s regulations are

listed in 40 CFR part 9 and 48 CFR

Chapter 15.

Today’s action neither adds new

respondents nor is it anticipated to

increase the number of responses. The

increase in the number of effected

processing units is less than 1⁄2 percent.

Since this action does not substantially

change the information collection, the

ICR has not been revised.

B. Executive Order 12866 Review

Under Executive Order 12866, the

EPA must determine whether a

regulatory action is ‘‘significant’’ and,

therefore, subject to OMB review and

the requirements of the Executive Order.

The Order defines ‘‘significant’’

regulatory action as one that is likely to

lead to a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety in

State, local, or tribal governments or

communities;

(2) create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

The HON rule promulgated on April

22, 1994 was considered ‘‘significant’’

under Executive Order 12866, and a

regulatory impact analysis was

prepared. The amendments issued today

apply to one additional process unit at

two facilities. These facilities are

already well controlled. It is not certain

what additional control will be required

as a result of this action. Regardless of

the final assessment of additional

controls at these two facilities, the EPA

believes that application of the HON to

these facilities will have a negligible

impact. The clarification of the

compliance demonstration requirements

for flexible operation units is believed to

be consistent with industry

understanding of the rule, and is not

believed to create additional impacts.

For these reasons, the regulatory action

is considered ‘‘not significant.’’

C. Regulatory Flexibility

The EPA has determined it is not

necessary to prepare a regulatory

flexibility analysis in connection with

this final rule. The EPA has also

determined that this rule will not have

a significant economic impact on a

substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small government jurisdictions. See the

April 22, 1994 Federal Register (59 FR

19449) for the basis for this

determination. This amendment to the

rule will not have a significant impact

on a substantial number of small

entities. This rule will apply the

requirements of the HON rule to an

additional process unit at two facilities

and only imposes negligible

recordkeeping costs on those facilities.

The additional recordkeeping costs are

not expected to create a burden for

either of the regulated entities.

Furthermore, neither of these regulated

entities is a small business. The

amendment to § 63.103(b)(6) is a

clarification of an existing requirement,

and this clarification is not expected to

increase control requirements or burden

of the rule.

D. Submission to Congress and the

General Accounting Office

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the House of Representatives, and the

Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This rule is not a

major rule as defined by 5 U.S.C. 804(2).

E. Unfunded Mandates Reform Act

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(Unfunded Mandates Act), the EPA

must prepare a budgetary impact
Federal Register / Vol. 63, No. 91 /Tuesday, May 12, 1998 /Rules and Regulations 26081

statement to accompany any proposed

or final rule that includes a Federal

mandate that may result in estimated

costs to State, local, or tribal

governments in the aggregate or to the

private sector, of $100 million or more.

Under Section 205, the EPA must select

the least costly, most cost-effective or

least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires the

EPA to establish a plan for informing

and advising any small governments

that may be significantly or uniquely

impacted by the rule.

The EPA has determined that today’s

action does not include a Federal

mandate that may result in estimated

costs of $100 million or more to either

State, local, or tribal governments in the

aggregate or to the private sector.

Therefore, the requirements of the

Unfunded Mandates Act do not apply to

this action.

List of Subjects in 40 CFR Part 63

Environmental protection, Air

pollution control, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: May 1, 1998.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40, chapter I, part 63 of

the Code of Federal Regulations is

amended as follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

Subpart F—National Emission

Standards for Organic Hazardous Air

Pollutants from the Synthetic Organic

Chemical Manufacturing Industry

2. Section 63.100 is amended as

follows:

a. By revising paragraphs (b)(1), (d)

introductory text, (d)(3) introductory

text, the first sentence of paragraph

(g)(2)(iii), the first sentence of paragraph

(h)(2)(iv), the first sentence of paragraph

(i)(2)(iv), (k) introductory text, (l)(1)(ii),

(l)(2)(ii);

b. By adding paragraphs (b)(1)(i),

(b)(1)(ii), (d)(4), (g)(2)(iii)(A),

(g)(2)(iii)(B), (h)(2)(iv)(A), (h)(2)(iv)(B),

(i)(2)(iv)(A), (i)(2)(iv)(B), and (p).

The revisions and additions read as

follows:

§ 63.100 Applicability and designation of

source.

* * * * *

(b) * * *

(1) Manufacture as a primary product

one or more of the chemicals listed in

paragraphs (b)(1)(i) or (b)(1)(ii) of this

section.

(i) One or more of the chemicals listed

in table 1 of this subpart; or

(ii) One or more of the chemicals

listed in paragraphs (b)(1)(ii)(A) or

(b)(1)(ii)(B) of this section:

(A) Tetrahydrobenzaldehyde (CAS

Number 100–50–5); or

(B) Crotonaldehyde (CAS Number

123–73–9).

* * * * *

(d) The primary product of a chemical

manufacturing process unit shall be

determined according to the procedures

specified in paragraphs (d)(1), (d)(2),

(d)(3), and (d)(4) of this section.

* * * * *

(3) For chemical manufacturing

process units that are designed and

operated as flexible operation units

producing one or more chemicals listed

in table 1 of this subpart, the primary

product shall be determined for existing

sources based on the expected

utilization for the five years following

April 22, 1994 and for new sources

based on the expected utilization for the

first five years after initial start-up.

* * * * *

(4) Notwithstanding the provisions of

paragraph (d)(3) of this section, for

chemical manufacturing process units

that are designed and operated as

flexible operation units producing a

chemical listed in paragraph (b)(1)(ii) of

this section, the primary product shall

be determined for existing sources based

on the expected utilization for the five

years following May 12, 1998 and for

new sources based on the expected

utilization for the first five years after

initial start-up.

(i) The predominant use of the

flexible operation unit shall be

determined according to paragraphs

(d)(3)(i)(A) and (d)(3)(i)(B) of this

section. If the predominant use is to

produce one of the chemicals listed in

paragraph (b)(1)(ii) of this section, then

the flexible operation unit shall be

subject to the provisions of this subpart

and subparts G and H of this part.

(ii) The determination of applicability

of this subpart to chemical

manufacturing process units that are

designed and operated as flexible

operation units shall be reported as part

of an operating permit application or as

otherwise specified by the permitting

authority.

* * * * *

(g) * * *

(2) * * *

(iii) If the predominant use of a

storage vessel varies from year to year,

then the applicability of this subpart

shall be determined according to the

criteria in paragraphs (g)(2)(iii)(A) and

(g)(2)(iii)(B) of this section, as

applicable. * * *

(A) For chemical manufacturing

process units that produce one or more

of the chemicals listed in table 1 of this

subpart and meet the criteria in

paragraphs (b)(2) and (b)(3) of this

section, the applicability shall be based

on the utilization that occurred during

the 12-month period preceding April 22,

1994.

(B) For chemical manufacturing

process units that produce one or more

of the chemicals listed in paragraph

(b)(1)(ii) of this section and meet the

criteria in paragraphs (b)(2) and (b)(3) of

this section, the applicability shall be

based on the utilization that occurred

during the 12-month period preceding

May 12, 1998.

* * * * *

(h) * * *

(2) * * *

(iv) If the predominant use of a

loading arm or loading hose varies from

year to year, then the applicability of

this subpart shall be determined

according to the criteria in paragraphs

(h)(2)(iv)(A) and (h)(2)(iv)(B) of this

section, as applicable. * * *

(A) For chemical manufacturing

process units that produce one or more

of the chemicals listed in table 1 of this

subpart and meet the criteria in

paragraphs (b)(2) and (b)(3) of this

section, the applicability shall be based

on the utilization that occurred during

the 12-month period preceding April 22,

1994.

(B) For chemical manufacturing

process units that produce one or more

of the chemicals listed in paragraph

(b)(1)(ii) of this section and meet the

criteria in paragraphs (b)(2) and (b)(3) of

this section, the applicability shall be

based on the utilization that occurred

during the year preceding May 12, 1998.

* * * * *

(i) * * *

(2) * * *

(iv) If the predominant use of a

distillation unit varies from year to year,

then the applicability of this subpart

shall be determined according to the

criteria in paragraphs (i)(2)(iv)(A) and

(i)(2)(iv)(B), as applicable. * * *

(A) For chemical manufacturing

process units that produce one or more

of the chemicals listed in table 1 of this

subpart and meet the criteria in

paragraphs (b)(2) and (b)(3) of this
26082 Federal Register / Vol. 63, No. 91 /Tuesday, May 12, 1998 /Rules and Regulations

section, the applicability shall be based

on the utilization that occurred during

the year preceding April 22, 1994.

(B) For chemical manufacturing

process units that produce one or more

of the chemicals listed in paragraph

(b)(1)(ii) of this section and meet the

criteria in paragraphs (b)(2) and (b)(3) of

this section, the applicability shall be

based on the utilization that occurred

during the year preceding May 12, 1998.

* * * * *

(k) Except as provided in paragraphs

(l), (m), and (p) of this section, sources

subject to subparts F, G, or H of this part

are required to achieve compliance on

or before the dates specified in

paragraphs (k)(1) through (k)(8) of this

section.

* * * * *

(l)(1) * * *

(ii)(A) Such construction commenced

after December 31, 1992 for chemical

manufacturing process units that

produce as a primary product one or

more of the chemicals listed in table 1

of this subpart;

(B) Such construction commenced

after August 22, 1997 for chemical

manufacturing process units that

produce as a primary product one or

more of the chemicals listed in

paragraph (b)(1)(ii) of this section; and

* * * * *

(2) * * *

(ii)(A) Such reconstruction

commenced after December 31, 1992 for

chemical manufacturing process units

that produce as a primary product one

or more of the chemicals listed in table

1 of this subpart; and

(B) Such construction commenced

after August 22, 1997 for chemical

manufacturing process units that

produce as a primary product one or

more of the chemicals listed in

paragraph (b)(1)(ii) of this section.

* * * * *

(p) Compliance dates for chemical

manufacturing process units that

produce crotonaldehyde or

tetrahydrobenzaldehyde.

Notwithstanding the provisions of

paragraph (k) of this section, chemical

manufacturing process units that meet

the criteria in paragraphs (b)(1)(ii),

(b)(2), and (b)(3) of this section shall be

in compliance with this subpart and

subparts G and H of this part by the

dates specified in paragraphs (p)(1) and

(p)(2) of this section, as applicable.

(1) If the source consists only of

chemical manufacturing process units

that produce as a primary product one

or more of the chemicals listed in

paragraph (b)(1)(ii) of this section, new

sources shall comply by the date

specified in paragraph (p)(1)(i) of this

section and existing sources shall

comply by the dates specified in

paragraphs (p)(1)(ii) and (p)(1)(iii) of

this section.

(i) Upon initial start-up or May 12,

1998, whichever is later.

(ii) This subpart and subpart G of this

part by May 14, 2001, unless an

extension has been granted by the

Administrator as provided in

§ 63.151(a)(6) or granted by the

permitting authority as provided in

§ 63.6(i) of subpart A of this part. When

April 22, 1994 is referred to in this

subpart and subpart G of this part, May

12, 1998 shall be used as the applicable

date for that provision. When December

31, 1992 is referred to in this subpart

and subpart G of this part, August 22,

1997 shall be used as the applicable

date for that provision.

(iii) Subpart H of this part by May 12,

1999, unless an extension has been

granted by the Administrator as

provided in § 63.151(a)(6) or granted by

the permitting authority as provided in

§ 63.6(i) of subpart A of this part. When

April 22, 1994 is referred to in subpart

H of this part, May 12, 1998 shall be

used as the applicable date for that

provision. When December 31, 1992 is

referred to in subpart H of this part,

August 22, 1997 shall be used as the

applicable date for that provision.

(2) If the source consists of a

combination of chemical manufacturing

process units that produce as a primary

product one or more of the chemicals

listed in paragraphs (b)(1)(i) and

(b)(1)(ii) of this section, new chemical

manufacturing process units that meet

the criteria in paragraph (b)(1)(ii) of this

section shall comply by the date

specified in paragraph (p)(1)(i) of this

section and existing chemical

manufacturing process units producing

crotonaldehyde and/or

tetrahydrobenzaldehyde shall comply

by the dates specified in paragraphs

(p)(1)(ii) and (p)(1)(iii) of this section.

3. Section 63.103 is amended by

adding paragraph (b)(6) to read as

follows:

§ 63.103 General compliance, reporting,

and recordkeeping provisions.

* * * * *

(b) * * *

(6) The owner or operator of a flexible

operation unit shall conduct all required

compliance demonstrations during

production of the primary product. The

owner or operator is not required to

conduct compliance demonstrations for

operating conditions during production

of a product other than the primary

product. Except as otherwise provided

in this subpart or in subpart G or

subpart H of this part, as applicable, the

owner or operator shall operate each

control device, recovery device, and/or

recapture device that is required or used

for compliance, and associated

monitoring systems, without regard for

whether the product that is being

produced is the primary product or a

different product. Except as otherwise

provided in this subpart, subpart G and/

or subpart H of this part, as applicable,

operation of a control device, recapture

device and/or recovery device required

or used for compliance such that the

daily average of monitored parameter

values is outside the parameter range

established pursuant to § 63.152(b)(2),

or such that the monitoring data show

operation inconsistent with the

monitoring plan established pursuant to

§ 63.120(d)(2) or § 63.181(g)(1)(iv), shall

constitute a violation of the required

operating conditions.

* * * * *

Table 1 of Subpart F [Amended]

4. Table 1 of subpart F is amended by

removing the entry for acetaldol and its

associated CAS number and group

number.

[FR Doc. 98–12579 Filed 5–11–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300648; FRL–5787–8]

RIN 2070–AB78

Azoxystrobin; Pesticide Tolerances for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

time-limited tolerance for combined

residues of azoxystrobin or methyl (E)-

2-[2-[6-(2-cyanophenoxy)pyrimidin-4-

yloxy]phenyl]-3-methoxyacrylate) and

its Z isomer in or on cucurbits and

watercress . This action is in response

to EPA’s granting of an emergency

exemption under section 18 of the

Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA) authorizing

use of the pesticide on cucurbits and

watercress in several states. This

regulation establishes a maximum

permissible level for residues of

azoxystrobin in this food commodity

pursuant to section 408(l)(6) of the

Federal Food, Drug, and Cosmetic Act

(FFDCA), as amended by the Food

Quality Protection Act (FQPA) of 1996.