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[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Rules and Regulations]
[Pages 5938-5941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01922]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

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

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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 March 30, 2015 without further notice, 
unless the EPA receives adverse comment by March 13, 2015. 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:
     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 EPA-HQ-OAR-2002-
0037. 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 Number EPA-HQ-OAR-
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 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 electronically 
in www.regulations.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 8:30 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,

[[Page 5939]]

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, NC 27711; telephone number: (919) 541-4607; 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. Executive 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 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 this 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:

------------------------------------------------------------------------
                                         NAICS    Examples of  regulated
               Category                code \1\          entities
------------------------------------------------------------------------
Polyvinyl chloride resins                325211  Facilities that
 manufacturing.                                   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 action 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 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 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

[[Page 5940]]

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)

    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 (40 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.

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

    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 General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: January 23, 2015.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is amended as follows:

PART 63--NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart DDDDDD--National Emission Standards for Hazardous Air 
Pollutants for Polyvinyl Chloride and Copolymer Production Area 
Sources

0
2. Table 1 to Subpart DDDDDD of Part 63 is revised to read as follows:

        Table 1 to Subpart DDDDDD of Part 63--Emission Limits and Standards for Existing Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                                  And for an affected
 For this type of emission  point . .      And for this air      source producing this      You must meet this
                  .                        pollutant . . .      type of PVC resin . . .    emission limit . . .
----------------------------------------------------------------------------------------------------------------
PVC-only process vents \a\...........  Vinyl chloride.........  All resin types........  5.3 parts per million
                                                                                          by volume (ppmv).
                                       Total hydrocarbons.....  All resin types........  46 ppmv measured as
                                                                                          propane.
                                       Total organic HAP \b\..  All resin types........  140 ppmv.
                                       Dioxins/furans (toxic    All resin types........  0.13 nanograms per dry
                                        equivalency basis).                               standard cubic meter
                                                                                          (ng/dscm).
PVC-combined process vents \a\.......  Vinyl chloride.........  All resin types........  0.56 ppmv.
                                       Total hydrocarbons.....  All resin types........  2.3 ppmv measured as
                                                                                          propane.
                                       Total organic HAP \b\..  All resin types........  29 ppmv.
                                       Dioxins/furans (toxic    All resin types........  0.076 ng/dscm.
                                        equivalency basis).

[[Page 5941]]

 
Stripped resin.......................  Vinyl chloride.........  Bulk resin.............  7.1 parts per million
                                                                                          by weight (ppmw).
                                                                Dispersion resin.......  1,500 ppmw.
                                                                Suspension resin.......  36 ppmw.
                                                                Suspension blending      140 ppmw.
                                                                 resin.
                                                                Copolymer resin........  790 ppmw.
                                       Total non-vinyl          Bulk resin.............  170 ppmw.
                                        chloride organic HAP.
                                                                Dispersion resin.......  320 ppmw.
                                                                Suspension resin.......  36 ppmw.
                                                                Suspension blending      500 ppmw.
                                                                 resin.
                                                                Copolymer resin........  1,900 ppmw.
Process Wastewater...................  Vinyl chloride.........  All resin types........  2.1 ppmw.
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\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.

0
3. Table 2 to Subpart DDDDDD of Part 63 is revised to read as follows:

          Table 2--to Subpart DDDDDD of Part 63--Emission Limits and Standards for New Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                                  And for an affected
 For this type of emission  point . .      And for this air      source producing this      You must meet this
                  .                        pollutant . . .      type of PVC resin . . .   emission  limit . . .
----------------------------------------------------------------------------------------------------------------
PVC-only process vents \a\...........  Vinyl chloride.........  All resin types........  5.3 parts per million
                                                                                          by volume (ppmv).
                                       Total hydrocarbons.....  All resin types........  46 ppmv measured as
                                                                                          propane.
                                       Total organic HAP \b\..  All resin types........  140 ppmv.
                                       Dioxins/furans (toxic    All resin types........  0.13 nanograms per dry
                                        equivalency basis).                               standard cubic meter
                                                                                          (ng/dscm).
PVC-combined process vents \a\.......  Vinyl chloride.........  All resin types........  0.56 ppmv.
                                       Total hydrocarbons.....  All resin types........  2.3 ppmv measured as
                                                                                          propane.
                                       Total organic HAP \b\..  All resin types........  29 ppmv.
                                       Dioxins/furans (toxic    All resin types........  0.076 ng/dscm.
                                        equivalency basis).
Stripped resin.......................  Vinyl chloride.........  Bulk resin.............  7.1 parts per million
                                                                                          by weight (ppmw).
                                                                Dispersion resin.......  1,500 ppmw.
                                                                Suspension resin.......  36 ppmw.
                                                                Suspension blending      140 ppmw.
                                                                 resin.
                                                                Copolymer resin........  790 ppmw.
                                       Total non-vinyl          Bulk resin.............  170 ppmw.
                                        chloride organic HAP.
                                                                Dispersion resin.......  320 ppmw.
                                                                Suspension resin.......  36 ppmw.
                                                                Suspension blending      500 ppmw.
                                                                 resin.
                                                                Copolymer resin........  1,900 ppmw.
Process Wastewater...................  Vinyl chloride.........  All resin types........  2.1 ppmw.
----------------------------------------------------------------------------------------------------------------
\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.

[FR Doc. 2015-01922 Filed 2-3-15; 8:45 am]
BILLING CODE 6560-50-P
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