[Federal Register: June 7, 2002 (Volume 67, Number 110)]
[Proposed Rules]               
[Page 39324-39326]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn02-29]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7222-2]
RIN 2060-AG91

 
National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Generic Maximum Achievable Control Technology 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: We are proposing to amend the National Emission Standards for 
Hazardous Air Pollutants for Source Categories: Generic Maximum 
Achievable Control Technology Standards to revise the definition of the 
term ``process vent'' and to correct some editorial, cross-reference, 
and wording errors. In the Rules and Regulations section of this 
Federal Register, we are taking direct final action on the proposed 
amendments because we view these actions as noncontroversial, and we 
anticipate no adverse comments. We have explained our reasons for these 
actions in the preamble to the direct final rule. If we receive no 
significant adverse comments, we will take no further action on this 
proposed rule. If we receive significant adverse comments, we will 
withdraw only those provisions on which we received significant adverse 
comments. We will publish a timely withdrawal in the Federal Register 
indicating which provisions will become effective and which provisions 
are being withdrawn. If part or all of the direct final rule in the 
Rules and Regulations section of this Federal Register is withdrawn, 
all public comments pertaining to those provisions will be addressed in 
a subsequent final rule based on this proposed rule. We will not 
institute a second comment period on this action. If you are interested 
in commenting, you must do so at this time.

DATES: Comments. We must receive written comments by July 8, 2002, 
unless a hearing is requested by June 17, 2002. If a hearing is 
requested, we must receive written comments by July 22, 2002.
    Public Hearing. If anyone contacts us requesting to speak at a 
public hearing by June 17, 2002, a public hearing will be held on June 
21, 2002.

ADDRESSES: Comments. By U.S. Postal Service, submit written comments 
(in duplicate if possible) to: Air and Radiation Docket and Information

[[Page 39325]]

Center (6102), Attention Docket Number A-97-17, U.S. EPA, 1200 
Pennsylvania Avenue, NW, Washington, DC 20460. In person or by courier, 
submit comments (in duplicate if possible) to: Air and Radiation Docket 
and Information Center (6102) Attention Docket Number A-97-17, Room M-
1500, U.S. EPA, 401 M Street, SW., Washington, DC 20460. We request 
that a separate copy of each public comment be sent to the contact 
person listed below (see FOR FURTHER INFORMATION CONTACT).
    Public Hearing. If a public hearing is held, it will be held at the 
new EPA facility complex in Research Triangle Park, North Carolina at 
10:30 a.m.
    Docket. Docket No. A-97-17 contains supporting information used in 
developing the Generic MACT standards. The docket is located at the 
U.S. EPA, 401 M Street, SW., Washington, DC 20460 in Room M-1500, 
Waterside Mall (ground floor), and may be inspected from 8 a.m. to 5:30 
p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. David W. Markwordt, Policy, 
Planning, and Standards Group (C439-04), Emission Standards Division, 
U.S. EPA, Research Triangle Park, NC 27711, telephone number: (919) 
541-0837, electronic mail (e-mail): markwordt.david@epa.gov.

SUPPLEMENTARY INFORMATION:
    Comments. Comments and data may be submitted by electronic mail (e-
mail) to: a-and-r-docket@epa.gov. Electronic comments must be submitted 
as an ASCII file to avoid the use of special characters and encryption 
problems and will also be accepted on disks in WordPerfect format. All 
comments and data submitted in electronic form must note the docket 
number A-97-17. No confidential business information (CBI) should be 
submitted by e-mail. Electronic comments may be filed online at many 
Federal Depository Libraries.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
proprietary information directly to the following address, and not to 
the public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: OAQPS Document Control Officer 
(C404-02), Attn: Mr. David Markwordt, U.S. EPA, Research Triangle Park, 
NC 27711. The EPA will disclose information identified as CBI only to 
the extent allowed by the procedures set forth in 40 CFR part 2. If no 
claim of confidentiality accompanies a submission when it is received 
by EPA, the information may be made available to the public without 
further notice to the commenter.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
Dorothy Apple, U.S. EPA (C439-04), Research Triangle Park, NC 27711, 
telephone (919) 541-4487, at least 2 days in advance of the public 
hearing. Persons interested in attending the public hearing must also 
call Ms. Dorothy Apple to verify the time, date, and location of the 
hearing. The public hearing will provide interested parties the 
opportunity to present data, views, or arguments concerning this 
proposed amendment.
    Docket. The docket is an organized and complete file of all the 
information we considered in developing this rulemaking. The docket is 
a dynamic file because material is added throughout the rulemaking 
process. The docketing system is intended to help you to readily 
identify and locate documents so that you can effectively participate 
in the rulemaking process. Along with the proposed and promulgated 
rules and their preambles, the contents of the docket will serve as the 
record in the case of judicial review. (See section 307(d)(7)(A) of the 
Clean Air Act.) You may obtain the regulatory text and other materials 
related to this rulemaking which are available for review in the docket 
or copies may be mailed on request from the Air Docket by calling (202) 
260-7548. We may charge a reasonable fee for copying docket materials. 
You may also obtain docket indexes by facsimile, as described on the 
Office of Air and Radiation, Docket and Information Center Website at 
http://www.epa.gov/airprogm/oar/docket/faxlist.html.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposed rule will also be available through 
the WWW. Following signature, a copy of this action will be posted on 
the EPA's Technology Transfer Network (TTN) policy and guidance page 
for newly proposed or promulgated rules at http://www.epa.gov/ttn/
oarpg. The TTN at EPA's website provides information and technology 
exchange in various areas of air pollution control. If more information 
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.
    Regulated Entities. Categories and entities potentially affected by 
this action include:

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              Category                 NAICS *      Regulated entities
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Industry............................     325199  Producers of
                                                  homopolymers and/or
                                                  copolymers of
                                                  alternating
                                                  oxymethylene units.
                                                 Producers of either
                                                  acrylic fiber or
                                                  modacrylic fiber
                                                  synthetics composed of
                                                  acrylonitrile (AN)
                                                  units.
                                                 Producers of
                                                  polycarbonate.
Industry............................     325188  Producers of, and
                                                  recoverers of HF by
                                                  reacting calcium
                                                  fluoride with sulfuric
                                                  acid. For the purpose
                                                  of implementing the
                                                  rule, HF production is
                                                  not a process that
                                                  produces gaseous HF
                                                  for direct reaction
                                                  with hydrated aluminum
                                                  to form aluminum
                                                  fluoride (i.e., the HF
                                                  is not recovered as an
                                                  intermediate or final
                                                  product prior to
                                                  reacting with the
                                                  hydrated aluminum).
------------------------------------------------------------------------
* North American Information 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 
action. To determine whether your facility is regulated by this action, 
you should carefully examine the applicability criteria in 40 CFR 
Sec. 63.1103 of the promulgated rule. If you have any questions 
regarding the applicability of these amendments to a particular entity, 
consult the appropriate EPA Regional Office representative.

I. What Action Is EPA Proposing?

    This proposal would revise the definition of ``process vent'' and 
make changes to recordkeeping requirements and technical corrections in 
40 CFR part 63, subpart YY. For further information, please see the 
information provided in the direct final rulemaking notice located in 
the Rules and Regulations section of today's Federal Register.

[[Page 39326]]

II. What Are the Administrative Requirements for This Action?

Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the Agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule 
amendments on small entities, a small entity is defined as: (1) A small 
business whose parent company has fewer than 1000 employees; (2) a 
small governmental jurisdiction that is a government of a city, county, 
town, school district or special district with a population of less 
than 50,000; or (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    We believe there will be little or no impact on any small entities 
because the proposed rule amendments do not impose additional 
requirements but instead either eliminate cross-referencing, editorial, 
and wording errors or clarify the applicability of existing 
requirements of the MACT standards established for acetal resins 
production, acrylic and modacrylic fiber production, hydrogen fluoride 
production, and polycarbonate production. The Administrator certifies 
that this action will not have a significant economic impact on a 
substantial number of small entities.
    For information regarding other administrative requirements for 
this action, please see the direct final rule action that is located in 
the Rules and Regulations section of this Federal Register publication.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous air 
pollutants, Hazardous substances, Reporting and recordkeeping 
requirements.

    Dated: May 23, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-13801 Filed 6-6-02; 8:45 am]
BILLING CODE 6560-50-P