[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Rules and Regulations]
[Pages 51269-51270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17194]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0121; AD-FRL-7961-9]
RIN 2060-AN09


National Emission Standards for Hazardous Air Pollutants: 
Miscellaneous Organic Chemical Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: On July 1, 2005, the EPA issued direct final amendments to the 
national emission standards for hazardous air pollutants (NESHAP) for 
Miscellaneous Organic Chemical Manufacturing, along with a parallel 
proposal to be used as the basis for final action in the event EPA 
received any adverse comments on the direct final amendments. Because 
adverse comment was received, EPA is withdrawing the corresponding 
parts of the direct final rule. We stated in that direct final rule 
that if we received adverse comment by August 1, 2005, we would publish 
a timely withdrawal in the Federal Register. We will address all 
comments in a subsequent final rule based on the parallel proposal 
published on July 1, 2005. As stated in the parallel proposal, we will 
not institute a second comment period on this action.

DATES: As of August 30, 2005, EPA withdraws the direct final rule 
amendments to 40 CFR 63.2485(c)(4) and Table 1 to subpart FFFF of part 
63, published on July 1, 2005 (70 FR 38554). The remaining provisions 
published on July 1, 2005, will be effective on August 30, 2005.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. OAR-2003-0121. All documents in the docket are listed in the index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at: Air and Radiation Docket, EPA/DC, EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Organic Chemicals 
Group, Emission Standards Division (Mail Code C504-04), U.S. EPA, 
Research Triangle Park, North Carolina 27711, telephone number (919) 
541-5402, electronic mail address <a href="/cdn-cgi/l/email-protection#c9a4aaada6a7a8a5ade7bba8a7adb089acb9a8e7aea6bf"><span class="__cf_email__" data-cfemail="89e4eaede6e7e8e5eda7fbe8e7edf0c9ecf9e8a7eee6ff">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On July 1, 2005, we published a direct final 
rule (70 FR 38554) and a parallel proposal (70 FR 38562) amending the 
NESHAP for Miscellaneous Organic Chemical Manufacturing (40 CFR part 
63, subpart FFFF). We amended the NESHAP by: Clarifying the compliance 
requirements for flares and the alternative standard, extending the 
vapor balancing alternative to cover transfers from barges to storage 
tanks, amending the procedures for correcting measured concentrations 
at the outlet of combustion devices to correct for dilution by 
supplemental gas, and clarifying the signature requirements for the 
notification of compliance status report. The direct final rule 
amendments also specified requirements for effluent from control 
devices, clarified the definition of the term continuous process vent, 
and

[[Page 51270]]

corrected several referencing and drafting errors. We stated in the 
preamble to the direct final rule and parallel proposal that if we 
received adverse comment by August 1, 2005, (or if a public hearing was 
requested by July 11, 2005) on one or more distinct provisions of the 
direct final rule, we would publish a timely notice in the Federal 
Register specifying which provisions will become effective and which 
provisions will be withdrawn due to adverse comment. We subsequently 
received adverse comment from several commenters regarding requirements 
for effluent from control devices. Commenters also pointed out 
erroneous changes made to Table 1 of subpart FFFF of part 63.
    Accordingly, we are withdrawing the amendments to 40 CFR 
63.2485(c)(4) and Table 1 of subpart FFFF of part 63. The amendments 
are withdrawn as of August 30, 2005. We will take final action on the 
proposed rule after considering the comments received. We will not 
institute a second comment period on this action. The provisions for 
which we did not receive adverse comment will become effective on 
August 30, 2005, as provided in the preamble to the direct final rule.

List of Subjects in 40 CFR Part 63

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

    Dated: August 24, 2005.
William L. Wehrum,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 05-17194 Filed 8-29-05; 8:45 am]
BILLING CODE 6560-50-P


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