Proposed Rules. Proposed rules; amendments

Agency: Environmental Protection Agency (EPA)
Action: Proposed rules; amendments
Citation: FR Doc. 05-7405 · RIN 2060-AK80 · OAR-2004-0411; AD-FRL-7898-9 · 40 CFR 63

Summary

The EPA is proposing to amend the National Emissions Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Control Technology Standards which were promulgated in June 1999 (64 FR 34863), and the National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations which were promulgated in July 2002 (67 FR 46258). The proposed amendments would clarify the compliance requirements for benzene waste streams, clarify the requirements for heat exchangers and heat exchanger systems, and stipulate the provisions for offsite waste transfer in the national emission standards for ethylene process units. The proposed amendments would also correct the regulatory language that make emissions from ethylene cracking furnaces during decoking operations an exception to the provisions and delineate overlapping requirements for storage vessels and transfer racks. In addition, the proposed amendments would also correct errors in the proposed rule for the Acrylic and Modacrylic Fiber Production source category which were not corrected as indicated in the preamble to the June 1999 final rule (64 FR 34863). In the Rules and Regulations section of this Federal Register , we are taking direct final action on the proposed amendments because we view these revisions as noncontroversial and anticipate no adverse comments. We have explained our reasons for the amendments in the direct final rules. If we have no adverse comments, we will take no further action on the proposed amendments. If we receive adverse comments, we will withdraw only those amendments on which we receive adverse comments. We will publish a timely withdrawal in the Federal Register indicating which amendments will become effective and which amendments are being withdrawn. If all or part of the direct final rules in the Rules and Regulations section of this Federal Register is withdrawn, all comments pertaining to those amendments will be addressed in a subsequent final rulemaking based on these proposed amendments. We will not institute a second comment period on the subsequent final action. Any parties interested in commenting must do so at this time.

Dates

Comments. Written comments must be received on or before May 31, 2005. Public Hearing. If anyone contacts us by April 20, 2005 requesting to speak at a public hearing, we will hold a public hearing on April 28, 2005. If a public hearing is held, it will be held at EPA's RTP Campus in Research Triangle Park, NC, or an alternate site nearby. Persons interested in attending the public hearing should contact Ms. Dorothy Apple at (919) 541-4487 to verify that a hearing will be held and its location.

Supplementary Information

Regulated Entities. The entities potentially affected by this action include the following categories of sources: Category NAICS code SIC code Examples of potentially regulated entities Industrial 325110 2869 Producers of ethylene from refined petroleum or liquid hydrocarbons. 3252 2824 Producers of either acrylic fiber or modacrylic fiber synthetics composed of acrylonitrile (AN) units. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Not all facilities listed classified under the NAICS code or SIC code are affected. To determine whether your facility is affected by this action, you should examine the applicability criteria in § 63.1100 of the final generic MACT standards. If you have any questions regarding the applicability of these technical corrections to a particular entity, contact the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. For further information on these proposed rules, please see the information provided in the direct final rules action that is located in the “Rules and Regulations” section of this Federal Register publication. Statutory and Executive Order Reviews Regulatory Flexibility Act The Regulatory Flexibility Act (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 significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. EPA has determined that it is not necessary to prepare a regulatory flexibility analysis in connection with the proposed rule amendments. For purposes of assessing the impacts of the proposed rule amendments on small entities, a small entity is defined as: (1) A small business in the North American Industrial Classification System (NAICS) code 325 that has up to 500; (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; and (3) 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 today's proposed rule amendments on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. The proposed rule amendments will not impose any requirements on small entities. The proposed rule amendments provide clarifications and corrections to previously issued rules. Before promulgating the rule on acrylic and modacrylic fiber production in 1999 (64 FR 34863), we concluded that each standard applied to five or fewer major sources. In addition, we conducted a limited assessment of the economic effect of the proposed standards on small entities that showed no adverse economic effect for any small entities within any of these source categories. Similarly, before promulgating the rules on ethylene production in 2002 (67 FR 46258), we determined that there were no small entities affected by those rules. For a discussion of other administrative requirements for the proposed rules, see the direct final rules action in the Rules and Regulations section of today's Federal Register . 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: April 7, 2005. Stephen L. Johnson, Acting Administrator. [FR Doc. 05-7405 Filed 4-12-05; 8:45 am]