[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Rules and Regulations]
[Pages 13514-13515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5778]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2008-0334; FRL-9279-8]
RIN 2060-AQ89
National Emission Standards for Hazardous Air Pollutants for
Chemical Manufacturing Area Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is issuing this final rule to stay the requirement for
certain affected sources to comply with the title V permit program
during the pendency of the reconsideration process. On June 15, 2010,
EPA notified Petitioners that the Agency intended to initiate the
reconsideration process in response to their request for
reconsideration of certain provisions in the National Emission
Standards for Hazardous Air Pollutants for Chemical Manufacturing Area
Sources. Among the provisions EPA is reconsidering is a requirement
that certain affected sources obtain a permit.
On December 14, 2010, EPA issued a 90-day stay of the requirement
for certain affected sources to comply with the title V permit program.
Because we believed that the reconsideration process would not be
completed within 90 days, we concurrently proposed to stay the
provision requiring certain sources to obtain a permit until the final
reconsideration rule is published in the Federal Register. After
considering the comments received, EPA is promulgating the stay of
compliance through this final rule.
DATES: This final rule is effective on March 14, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2008-0334. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information 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 through http://www.regulations.gov, or in hard copy at
the EPA Docket Center, Public Reading Room, EPA West, 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, and the telephone number for the Air Docket is (202) 566-
1742.
FOR FURTHER INFORMATION CONTACT: Mr. Nick Parsons, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Refining and Chemicals Group (E143-01), Environmental Protection
Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-
5372; fax number: (919) 541-0246; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The EPA published final National Emission Standards for Hazardous
Air Pollutants for Chemical Manufacturing Area Sources (CMAS) on
October 29, 2009. 40 CFR part 63, subpart VVVVVV (74 FR 56008).
Included in the final rule was a new provision that stated ``[a]ny
source that was a major source and installed a control device on a CMPU
\1\ after November 15, 1990, and, as a result, became an area source
under 40 CFR part 63 is required to obtain a permit under 40 CFR part
70 or 40 CFR part 71.'' See 40 CFR 63.11494(e).
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\1\ Chemical Manufacturing Process Unit.
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On February 12, 2010, the American Chemistry Council and the
Society of Chemical Manufacturers and Affiliates (collectively referred
to as ``Petitioners'') sought reconsideration of six provisions in the
final rule, including the provision requiring certain sources to obtain
a title V permit. On June 15, 2010, EPA notified Petitioners that the
Agency intended to initiate the reconsideration process. EPA also
separately notified Petitioners that the provision requiring certain
sources to obtain a title V permit was among the provisions for which
EPA would grant reconsideration.
By letter dated October 28, 2010, Petitioners requested a stay of
the requirement to comply with the title V permit program, specifically
the requirement to submit a title V permit application, pending
completion of the reconsideration process. Petitioners stated in their
letter that they were requesting the stay because EPA has yet to
initiate the reconsideration process, and, ``under one interpretation
of EPA's [40 CFR part 70 and 40 CFR part 71] regulations, existing
sources must file Title V permit applications [by] October 29, 2010.''
Petitioners maintained that it would be unreasonable and inequitable to
require facilities to prepare and submit title V applications at the
same time that EPA is reconsidering the requirement to obtain a title V
permit.
On December 14, 2010, we issued a 90-day stay of the requirement
for certain sources to obtain a title V permit, and we concurrently
proposed extending the stay beyond the 90-day period until the
reconsideration process is completed (75 FR 77760 and 75 FR 77799). As
explained in the proposal notice, we proposed the stay because
facilities had no chance to comment on this new requirement in the
final rule, and because we are reconsidering the title V permitting
requirement. Furthermore, because we cannot pre-judge the outcome of
the reconsideration process, we stated that a limited stay during the
duration of the administrative reconsideration process is appropriate
so that sources are not incurring the cost associated with applying for
a title V permit in advance of our final decision on the issue.
II. What action is EPA taking?
We are issuing a stay of the provision in 40 CFR 63.11494(e) that
requires ``[a]ny source that was a major source and installed a control
device on a CMPU after November 15, 1990, and, as a result, became an
area source under 40 CFR part 63 is required to obtain a
[[Page 13515]]
permit under 40 CFR part 70 or 40 CFR part 71'' until the final
reconsideration rule is published in the Federal Register.
III. What are the major comments and responses to those comments?
We received five comments in support of the proposed stay. In
addition, four of the commenters also provided comments objecting to
EPA finalizing the title V permit requirement as part of our
reconsideration. Because we received no adverse comment on the proposed
stay of the title V permitting requirement, we are taking final action
to extend the stay until the final reconsideration rule is published in
the Federal Register. This action deals only with the stay. We will
discuss and request comment on the title V permitting issue in the
forthcoming reconsideration notice.
IV. What are the changes since proposal?
No changes have been made to the proposed stay (75 FR 77799). Thus,
the final rule is identical to the proposed rule.
V. What are the impacts of the final rule?
The stay will not change the estimated environmental and cost
impacts of the rule because it does not apply to the control
requirements in the rule. However, the burden associated with
conducting activities related to preparing permit applications will, at
a minimum, be delayed for the duration of the stay.
VI. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), and
Executive Order 13563 (76 FR 3821, January 21, 2011), this action is
not a ``significant regulatory action,'' and, therefore, is not subject
to review by the Office of Management and Budget. For this reason, this
action is also not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described in the Unfunded Mandates Reform Act of 1995 (Pub.
L. 104-4), or require prior consultation with State officials, as
specified by Executive Order 12875 (58 FR 58093, October 28, 1993), or
involve special consideration of environmental justice related issues,
as required by Executive Order 12898 (59 FR 7629, February 16, 1994).
Pursuant to the Regulatory Flexibility Act, I certify that this action
will not have a significant economic impact on a substantial number of
small entities. This final rule will not impose any new requirements on
small entities. This action also does not have Tribal implications
because it will not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal government and Indian Tribes, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000). This action also
does not have Federalism implications because it does 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, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This
action also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). The requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This action does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501, et seq.). EPA's compliance with these statutes
and Executive Orders for the underlying rule is discussed in the
October 29, 2009, Federal Register document.
B. Submission to Congress and the Comptroller General
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
notice and other required information to the United States Senate, the
United States House of Representatives, and the Comptroller General of
the United States prior to publication of the rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. The stay of these particular
provisions in 40 CFR part 63, subpart VVVVVV is not a ``major rule'' as
defined by 5 U.S.C. 804(2). This rule will be effective March 14, 2011.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.
Dated: March 8, 2011.
Lisa P. Jackson,
Administrator.
For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
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1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Sec. 63.11494 [STAYED IN PART]
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2. In Sec. 63.11494, paragraph (e) is stayed from March 14, 2011,
until further notice.
[FR Doc. 2011-5778 Filed 3-11-11; 8:45 am]
BILLING CODE 6560-50-P