
[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Rules and Regulations]
[Pages 77760-77762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31327]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0334; FRL-9238-5]


National Emission Standards for Hazardous Air Pollutants for 
Chemical Manufacturing Area Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; stay for permit applications.

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SUMMARY: 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 that EPA is 
reconsidering

[[Page 77761]]

is a requirement that certain affected sources obtain a permit. EPA is 
staying until March 14, 2011, the requirement for certain affected 
sources to comply with the title V permit program. Because we believe 
the reconsideration process may not be completed within 90 days, we are 
also proposing in a separate notice to stay the provision requiring 
certain sources to obtain a permit after the final reconsideration rule 
is published in the Federal Register.

DATES: Effective December 14, 2010, 40 CFR 63.11494(e) of subpart 
VVVVVV is stayed until March 14, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Office of Air 
Quality Planning and Standards, Sector Policies and Programs Division, 
Coatings and Chemicals Group (E143-01), Environmental Protection 
Agency, Research Triangle Park, NC 27711, telephone number: (919) 541-
5402; fax number: (919) 541-0246; e-mail address: 
mcdonald.randy@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The EPA published final National Emission Standards for Hazardous 
Air Pollutants for Chemical Manufacturing Area Sources on October 29, 
2009. 40 CFR part 63, subpart VVVVVV (74 FR 56008). Included in the 
final rule was a new provision requiring any major source that had 
installed a control device on a chemical manufacturing process unit 
after November 15, 1990, and, as a result, became an area source under 
CFR 40 part 63, obtain a title V permit under 40 CFR part 70 or 40 CFR 
part 71. 40 CFR 63.11494(e).
    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, ``under one 
interpretation of EPA's [40 CFR part 70 and 40 CFR part 71] 
regulations, existing sources must file title V permit applications: 
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. As explained below, EPA 
believes that it is appropriate to stay the effectiveness of the 
requirement in 40 CFR 63.11494(e) for certain sources to obtain a title 
V permit during the pendency of the reconsideration process.
    Pursuant to Clean Air Act (CAA) section 307(d)(7)(B), EPA is 
staying for 90 days 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 \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.'' This provision was first introduced in the 
final rule and represented a significant change from the proposal. 
Facilities had no chance to comment on this new requirement in the 
final rule. We are staying this provision because both the affected 
universe of sources and the substantive requirement could change as a 
result of this reconsideration process. Specifically, we will be 
reconsidering whether the affected sources noted above should be 
subject to title V, or whether they should be exempt from title V 
requirements. Because we cannot pre-judge the outcome of the 
reconsideration process, we think 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.
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    \1\ Chemical manufacturing process unit.
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    EPA believes that it may not be able to complete the 
reconsideration process within the 3-month stay period authorized in 
CAA section 307(d)(7)(B). For this reason, we are also proposing in a 
separate notice to stay the provision requiring certain sources to 
obtain a permit under 40 CFR part 70 or 40 CFR part 71 until the final 
reconsideration rule is published in the Federal Register.

II. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), 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 (Public Law 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). Because this action is not subject to notice-and-
comment requirements under the Administrative Procedure Act or any 
other statute, it is not subject to the regulatory flexibility 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). 
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

[[Page 77762]]

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. The stay of these particular provisions 
in 40 CFR subpart VVVVVV is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Monitoring, Reporting and recordkeeping.

    Dated: December 7, 2010.
Lisa P. Jackson,
Administrator.

0
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]

0
2. In Sec.  63.11494, paragraph (e) is stayed from December 14, 2010 
until March 14, 2011.

[FR Doc. 2010-31327 Filed 12-13-10; 8:45 am]
BILLING CODE 6560-50-P


