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[Federal Register: July 12, 2002 (Volume 67, Number 134)]
[Rules and Regulations]
[Page 46289-46293]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy02-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7215-8]
RIN 2060-AH68
National Emission Standards for Hazardous Air Pollutants: Generic
Maximum Achievable Control Technology
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; amendments.
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SUMMARY: The EPA is taking direct final action to amend the ``generic''
maximum achievable control technology (MACT) standards to clarify the
agency's intent concerning dry spinning spandex production processes.
The national emission standards for hazardous air pollutants (NESHAP)
for the Spandex Production source category, along with the NESHAP for
three other source categories, are being included in the Generic MACT
rule in this issue of the Federal Register.
DATES: The direct final rule will be effective on September 25, 2002
without further notice, unless significant adverse comments are
received by August 12, 2002, or by August 26, 2002 if a public hearing
is requested. See the proposed rule in this issue of the Federal
Register for information on the hearing. If we receive timely adverse
comments, we will withdraw this direct final rule and take final action
pursuant to the proposed rule.
ADDRESSES: Comments. By U.S. Postal Service, send comments (in
duplicate, if possible) to: Air and Radiation Docket and Information
Center (6102), Attention Docket Number A-98-25, U.S. EPA, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. In person or by
courier, deliver comments (in duplicate if possible) to: Air and
Radiation Docket and Information Center (6102), Attention Docket Number
A-98-25, U.S. EPA, 401 M Street, SW., Washington DC 20460. The EPA
requests that a separate copy of each public comment be sent to the
contact person listed below (see FOR FURTHER INFORMATION CONTACT).
Comments may
[[Page 46290]]
also be submitted electronically by following the instructions provided
in SUPPLEMENTARY INFORMATION.
Docket. Docket No. A-98-25 contains supporting information used in
developing the NESHAP. 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: Ms. Elaine Manning, Waste and Chemical
Processes Group, Emission Standards Division (Mailcode C43903), U.S.
EPA, Research Triangle Park, North Carolina 27711, telephone number
(919) 541-5499, electronic mail (e-mail) address:
manning.elaine@epa.gov.
SUPPLEMENTARY INFORMATION: Comments. Comments and data may be submitted
by 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
file format. All comments and data submitted in electronic form must
note the docket number A-98-25. 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: Attention: Ms. Elaine Manning, c/o
OAQPS Document Control Officer (Mailcode C404-02), 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.
Docket. The docket is an organized and complete file of the
administrative record compiled by EPA in the development of this
rulemaking. The docket is a dynamic file because material is added
throughout the rulemaking process. The docketing system is intended to
allow members of the public and industries involved to readily identify
and locate documents so that they can effectively participate in the
rulemaking process. Along with the proposed and promulgated standards
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 (CAA).) The regulatory text and other materials related
to this rulemaking are available for review in the docket or copies may
be mailed on request from the Air Docket by calling (202) 260-7548. A
reasonable fee may be charged for copying docket materials.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this action 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: http://www.epa.gov/ttn/oarpg. The
TTN at EPA's web site 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. The regulated category and entities affected by
this action include:
----------------------------------------------------------------------------------------------------------------
Category NAICS codes SIC codes Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry...................................... 325222 2824 Producers of spandex.
----------------------------------------------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers likely to be interested in the revisions to the
regulation affected by this action. To determine whether your facility,
company, business, organization, etc., is regulated by this action, you
should carefully examine all of the applicability criteria in
Sec. 63.1104 of the rule. If you have questions regarding the
applicability of these amendments to a particular entity, consult the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of this direct final rule is available only by filing a petition
for review in the U.S. Court of Appeals for the District of Columbia by
September 10, 2002. Under section 307(d)(7)(B) of the CAA, only an
objection to this direct final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review.
Outline. The information presented in this preamble is organized as
follows:
I. Why are we publishing these amendments as a direct final rule?
II. What amendments are we making to the NESHAP for spandex
production?
III. What are the administrative requirements?
A. Executive Order 12866, Regulatory Planning and Review
B. Executive Order 13132, Federalism
C. Executive Order 13175, Consultation and Coordination with
Indian Tribal Governments
D. Executive Order 13045, Protection of Children for
Environmental Health Risks and Safety Risks
E. Unfunded Mandates Reform Act of 1995
F. Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.
G. Paperwork Reduction Act
H. National Technology Transfer and Advancement Act
I. Congressional Review Act
J. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. Why Are We Publishing These Amendments as a Direct Final Rule?
The EPA received several comments on the proposed standards for
spandex production. One commenter was concerned that because the dry
spinning spandex production process was not mentioned in the proposal,
an interpretation could be made that EPA failed to make any decision
concerning a MACT standard for this group of sources, and as a result
these facilities would be subject to a case-by-case MACT determination
under CAA section 112(j). Prior to proposal, we evaluated HAP emissions
from dry spinning spandex production and determined that adoption of
MACT standards requiring additional emissions reductions for these
facilities is not necessary or appropriate. Our
[[Page 46291]]
silence concerning these facilities in the proposal was intended to
reflect this conclusion.
However, we agree with the commenter that our silence in the
proposal regarding the dry spinning production process might be
interpreted as a failure to specifically address the need for standards
governing emissions of hazardous air pollutants (HAP) from these
facilities and, thereby, trigger the case-by-case determinations
required by the ``hammer'' provision in CAA section 112(j). Since we
did not explicitly state our decision not to adopt any standards for
these sources or describe our rationale for that decision in the
proposed rule, we have determined that we should supplement our
proposal. However, since we do not expect our decision that no MACT
standards are necessary for spandex dry spinning facilities to be
controversial, and we do not anticipate any adverse comments concerning
our decision, we have determined that it is appropriate to effectuate
this decision through a direct final rule. This assures that any
ambiguity which might otherwise exist concerning our intention to adopt
MACT requirements for these facilities will be resolved in a timely
manner.
If any adverse comment is received concerning our decision not to
adopt MACT standards for spandex dry spinning facilities, we will
withdraw this direct final rule. In the ``Proposed Rules'' section of
this issue of the Federal Register, we are publishing a separate
document that will serve as the proposal for our decision not to adopt
MACT standards for these facilities in the event we receive any adverse
comment. In that case, EPA will publish a timely withdrawal notice
before the effective date of this direct final rule and will take final
action concerning the proposal after considering the comments received.
II. What Amendments Are We Making to the NESHAP for Spandex
Production?
During the rule development, we investigated emissions from dry
spinning spandex production processes (comparing the emissions to the
reaction spinning process) and made the following findings.
While dry and reaction spinning processes have many similarities,
there are significant differences in HAP emissions and controls between
the processes. The dry and reaction spinning processes are similar in
their use of reactants and process chemistry. Both processes involve
the same basic process steps, including production of prepolymer,
production of polymer, extrusion of fibers, and drying of fibers.
However, a major process difference that affects the amount of HAP
emissions from the dry spinning process is the type of solvent used in
the production. In the dry spinning production process, non-HAP
solvents are used as opposed to HAP-containing solvents used in the
reaction spinning process. The estimated total HAP from the three dry
spinning production facilities is approximately 4.1 megagrams per year
(mg/yr) (4.5 tons per year (tpy)) whereas the two reaction spinning
processes emit 303 mg/yr (334 tpy).
Although the dry spinning production process does not use HAP
solvents, small amounts of organic HAP are used and generated. The HAP
that is produced in the dry spinning process is formaldehyde.
Formaldehyde is generated as a byproduct of heating the dimethyl
acetamide in the spin cells and is emitted from the process vent along
with the non-HAP solvent. None of the existing dry spinning production
facilities have controls in place for formaldehyde emissions.
Therefore, the floor for dry spinning production process vents is no
control. A beyond-the-floor analysis (development of a regulatory
option and analysis of the costs associated with the option) was
performed on the HAP emissions from the dry spinning production
process. The flow rates for process vent streams from the dry spinning
production process are large and the concentration of formaldehyde is
low. The total annual cost to control these emissions would be
approximately $49 million per year, or $12 million per ton of
formaldehyde controlled. This is an unreasonable cost to go beyond the
floor. Controlling this stream would also use significant amounts of
energy. We do not know of a way to change the process or the feeds to
reduce the HAP emissions. We have, therefore, decided not to select the
beyond-the-floor regulatory option.
The other source of HAP emissions from dry spinning production
sources is methylene diphenyl diisocyanate (MDI) storage. The MDI is
one of the raw materials used in the spandex production process and has
a very low volatility. Thus, we would expect emissions of MDI from the
storage tanks to also be very low, perhaps even undetectable. All MDI
storage tanks at dry spinning spandex production facilities are fixed-
roof tanks. Additionally, one facility has carbon canisters on the
vents from the MDI storage tanks (although the control efficiency of
the canisters cannot be determined). We estimate that the combined
annual MDI emissions from the storage tanks at all three dry spinning
facilities do not exceed 500 pounds. We do not believe that requiring
additional controls on these storage tanks would yield any meaningful
emission reductions. This conclusion is corroborated by our
determination that all of the MDI storage tanks at dry spinning
production facilities are below the size and vapor pressure
requirements for control under all existing MACT standards.
Based on the above analysis, we have concluded that the MACT floor
for spandex dry spinning facilities is no control and that adoption of
additional emission controls is not warranted. Therefore, we determined
that it is not necessary or appropriate to promulgate any MACT
requirements for these facilities.
III. What Are the Administrative Requirements?
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to OMB review and the requirements of the Executive
Order. The Executive Order defines ``significant regulatory action'' as
one that is likely to result in 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, or 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.
Pursuant to the terms of Executive Order 12866, it has been
determined that these amendments do not constitute a ``significant
regulatory action'' because they do not meet any of the above criteria.
Consequently, this action was not submitted to OMB for review under
Executive Order 12866.
B. Executive Order 13132, Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to
[[Page 46292]]
ensure ``meaningful and timely input by State and local officials in
the development of regulatory policies that have federalism
implications.'' ``Policies that have federalism implications'' is
defined in the Executive Order to include regulations that 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.''
These rule amendments do not have federalism implications. They
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, as specified in Executive Order 13132, because State and
local governments do not own or operate any sources that would be
subject to these amendments. Thus, the requirements of section 6 of the
Executive Order do not apply.
C. Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officals in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes.''
These rule amendments do not have tribal implications. They will
not have substantial direct effects on tribal governments, or 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 in Executive Order 13175. No
tribal governments own or operate spandex production facilities. Thus,
Executive Order 13175 does not apply to these rule amendments.
D. Executive Order 13045, Protection of Children from Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by EPA.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. These rule amendments are
not subject to Executive Order 13045 because they are based on
technology performance, not health or safety risks. Furthermore, these
rule amendments have been determined not to be ``economically
significant'' as defined under Executive Order 12866.
E. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
aggregate, or by the private sector, of $100 million or more in any 1
year. Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least-costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least-
costly, most cost-effective, or least-burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that these rule amendments do not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, or tribal governments, in the aggregate, or the
private sector in any 1 year. Today's amendments do not add new
requirements that would increase the costs of the rule. Thus, these
rule amendments are not subject to the requirements of sections 202 and
205 of the UMRA. In addition, EPA has determined that these rule
amendments contain no regulatory requirements that might significantly
or uniquely affect small governments because they contain no
requirements that apply to such governments or impose obligations upon
them. Therefore, these rule amendments are not subject to the
requirements of section 203 of the UMRA.
F. 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 this proposed rule on
small entities, a small entity is defined as: (1) A small business in
the North American Industrial Classification System (NAICS) code 325411
or 325412 that has as many as 750 employees; (2) a small business in
NAICS code 325199 that has as many as 1,000 employees; (3) 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; and (4) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of the rule amendments on
small entities, the EPA has determined
[[Page 46293]]
that this action will not have a significant economic impact on a
substantial number of small entities. The EPA has determined that none
of the small entities will experience a significant impact because the
amendments impose no additional regulatory requirements on owners or
operators of affected sources.
G. Paperwork Reduction Act
This action does not impose any new information collection burden.
However, an information collection request (ICR) has been submitted for
approval to the OMB under the Paperwork Reduction Act, 44 U.S.C. 3501
et seq., for the rule which is amended by today's direct final rule. An
ICR document has been prepared by EPA (ICR No. 1983.02) and a copy may
be obtained from Sandy Farmer by mail at the U.S. EPA, Office of
Environmental Information, Collection Strategies Division (2822), 1200
Pennsylvania Avenue NW, Washington, DC 20460, by e-mail at
farmer.sandy@epa.gov, or by calling (202) 260-2740. A copy may also be
downloaded off the internet at http://www.epa.gov/icr.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
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 EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA), Public Law 104-113 (March 7, 1996), directs all Federal
agencies to use voluntary consensus standards instead of government-
unique standards in their regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., material
specifications, test methods, sampling and analytical procedures, and
business practices) that are developed or adopted by one or more
voluntary consensus bodies. Examples of organizations generally
regarded as voluntary consensus standards bodies include the American
Society for Testing and Materials (ASTM), the National Fire Protection
Association (NFPA), and the Society of Automotive Engineers (SAE). The
NTTAA requires Federal agencies like EPA to provide Congress, through
OMB, with explanations when an agency does not use available and
applicable voluntary consensus standards.
This direct final rule does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
I. Congressional Review Act
The Congressional Review Act (CRA), 5 U.S.C. 801, et seq., as added
by the SBREFA of 1996, generally provides that before a rule may take
effect, the agency adopting 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. The EPA will submit a report
containing this direct final rule and other required information to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of this rule in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This direct final rule is not
a ``major rule'' as defined by 5 U.S.C. 804(2). This direct final rule
will be effective on September 25, 2002.
J. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
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: May 15, 2002.
Christine Todd Whitman,
Administrator.
For the reasons set out in the preamble, part 63 of title 40,
chapter I of the Code of Federal Regulations are 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 YY--[Amended]
2. Section 63.1103 is amended by:
a. Revising paragraph (h)(1)(i) introductory text;
b. Adding paragraph (h)(1)(ii)(C); and
c. Adding, in alphabetical order, definitions of dry spinning and
reaction spinning to paragraph (h)(2).
The revision and additions are to read as follows:
Sec. 63.1103 Source category-specific applicability, definitions, and
requirements.
* * * * *
(h) * * *
(1) * * *
(i) Affected source. For the spandex production (as defined in
paragraph (h)(2) of this section) source category, the affected source
shall comprise all emission points listed in paragraphs (h)(1)(i)(A)
through (C) of this section that are associated with a spandex
production process unit located at a major source, as defined in
section 112(a) of the Act.
* * * * *
(ii) * * *
(C) Emission points listed in paragraphs (h)(1)(i)(A) through (C)
of this section that are associated with a dry spinning spandex
production process unit.
* * * * *
(2) Definitions.
Dry spinning means a fiber-forming process where prepolymer is
reacted with a chain-extender to generate polymer prior to spinning;
the polymer is dissolved in a solvent and is extruded into a cell of
hot gases for fiber formation.
* * * * *
Reaction spinning means a fiber-forming process where prepolymer is
extruded into a spin bath that contains a chain-extender; the chemical
reaction to make polymer occurs simultaneously with extrusion/fiber
formation.
* * * * *
[FR Doc. 02-12842 Filed 7-11-02; 8:45 am]
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