National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources Wastewater Limit Withdrawal, 5938-5941 [2015-01922]
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Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Rules and Regulations
(iii) That is completed on or after
January 1, 2010.
■ 25. In § 157.11, add paragraph (h) to
read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 157.11 Pumping, piping and discharge
arrangements.
[EPA–HQ–OAR–2002–0037; FRL–9921–80–
OAR]
*
RIN 2060–AS45
40 CFR Part 63
*
*
*
*
(h) Every oil tanker of 150 gross tons
or more delivered on or after January 1,
2010, as defined in § 157.08(o), that has
installed a sea chest that is permanently
connected to the cargo pipeline system,
must be equipped with both a sea chest
valve and an inboard isolation valve.
The sea chest must be able to be isolated
from the cargo piping system by use of
a positive means while the tanker is
loading, transporting, or discharging
cargo. This positive means must be is
installed in the pipeline in such a way
as to prevent, under all circumstances,
the section of pipe between the sea
chest valve and the inboard valve from
being filled with cargo.
■ 26. Add § 157.14 to read as follows:
§ 157.14
Pump-room bottom protection.
Each oil tanker of 5,000 tons
deadweight or more constructed on or
after January 1, 2007, must meet the
minimum standard of pump room
bottom protection required by Annex I,
Regulation 22 (incorporated by
reference, see § 157.02).
■ 27. Amend § 157.19 as follows:
■ a. Revise paragraph (a) introductory;
■ b. Redesignate paragraphs (b) through
(e) as paragraphs (c) through (f),
respectively; and
■ c. Add new paragraph (b).
The revision and addition read as
follows:
§ 157.19
Cargo tank arrangement and size.
(a) With the exception of those vessels
listed in paragraph (b) of this section,
this section applies to:
*
*
*
*
*
(b) This section does not apply to U.S.
or foreign oil tankers delivered on or
after January 1, 2010.
*
*
*
*
*
■ 28. Add § 157.20 to read as follows:
§ 157.20 Accidental oil outflow
performance.
tkelley on DSK3SPTVN1PROD with RULES
Each oil tanker which is delivered on
or after January 1, 2010 must meet the
minimum standard of accidental oil
outflow performance required by Annex
I, Regulation 23 (incorporated by
reference, see § 157.02).
Dated: January 16, 2015.
J.G. Lantz,
Director of Commercial Regulations and
Standards, U.S. Coast Guard.
[FR Doc. 2015–01925 Filed 2–3–15; 8:45 am]
BILLING CODE 9110–04–P
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National Emission Standards for
Hazardous Air Pollutants for Polyvinyl
Chloride and Copolymers Production
Area Sources Wastewater Limit
Withdrawal
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to amend the National Emission
Standards for Hazardous Air Pollutants
for Polyvinyl Chloride and Copolymers
Production Area Sources. This direct
final rule withdraws the total non-vinyl
chloride organic hazardous air pollutant
(TOHAP) process wastewater emission
standards for new and existing
polyvinyl chloride and copolymers
(PVC) area sources.
DATES: This rule is effective on March
30, 2015 without further notice, unless
the EPA receives adverse comment by
March 13, 2015. If the EPA receives
adverse comment, we will publish a
timely withdrawal in the Federal
Register informing the public that the
amendments in the final rule will not
take effect.
ADDRESSES: Comments. Submit your
comments, identified by Docket ID
Number EPA–HQ–OAR–2002–0037, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov: Follow the on-line
instructions for submitting comments.
• Email: a-and-r-docket@epa.gov.
Attention Docket ID Number EPA–HQ–
OAR–2002–0037.
• Fax: (202) 566–9744. Attention
Docket ID Number EPA–HQ–OAR–
2002–0037.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
Mail Code: 28221T, Attention Docket ID
Number EPA–HQ–OAR–2002–0037,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
• Hand Delivery: U.S. Environmental
Protection Agency, EPA Docket Center,
Room 3334, EPA WJC West Building,
1301 Constitution Ave. NW.,
Washington, DC 20004. Attention
Docket ID Number EPA–HQ–OAR–
2002–0037. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
SUMMARY:
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Instructions. Direct your comments to
Docket ID Number EPA–HQ–OAR–
2002–0037. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be confidential
business information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If the EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the EPA may not
be able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption and be free of any defects or
viruses. For additional information
about the EPA’s public docket, visit the
EPA Docket Center homepage at:
https://www.epa.gov/dockets.
We request that you also send a
separate copy of each comment to the
contact person listed below (see FOR
FURTHER INFORMATION CONTACT).
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the EPA Docket Center, EPA/DC, EPA
WJC West Building, 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,
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Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Rules and Regulations
II. Does this direct final rule apply to
me?
docket without prior notice. Information
marked as CBI will not be disclosed
except in accordance with procedures
set forth in 40 CFR part 2. Send or
deliver information identified as CBI
only to the following address: OAQPS
Document Control Officer (C404–02),
OAQPS, U.S. Environmental Protection
Agency, Research Triangle Park, North
Carolina 27711, and Attention Docket ID
Number EPA–HQ–OAR–2002–0037.
Categories and entities potentially
regulated by this direct final rule
include:
IV. What are the amendments made by
this direct final rule?
If the EPA receives adverse
comments, we will publish a timely
withdrawal in the Federal Register
informing the public that some or all of
this direct final rule will not take effect.
We would address all public comments
in any subsequent final rule based on
the proposed rule.
I. Why is the EPA issuing a direct final rule?
II. Does this direct final rule apply to me?
III. What should I consider as I prepare my
comments for the EPA?
IV. What are the amendments made by this
direct final rule?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children from Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
tkelley on DSK3SPTVN1PROD with RULES
and the telephone number for the EPA
Docket Center is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Ms.
Jodi Howard, Sector Policies and
Programs Division (E143–01), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, NC 27711;
telephone number: (919) 541–4607; fax
number: (919) 541–0246; and email
address: howard.jodi@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The
information in this preamble is
organized as follows:
Category
NAICS
code 1
Examples of
regulated
entities
Polyvinyl chloride resins
manufacturing.
325211
Facilities that polymerize vinyl
chloride monomer to
produce polyvinyl chloride
and/or copolymers products.
I. Why is the EPA issuing a direct final
rule?
The EPA is publishing this direct final
rule without a prior proposed rule
because we view this as a
noncontroversial action and anticipate
no adverse comment. However, in the
‘‘Proposed Rules’’ section of this
Federal Register, we are publishing a
separate document that will serve as the
proposed rule to the National Emission
Standards for Hazardous Air Pollutants
for Polyvinyl Chloride and Copolymers
Production Area Sources Wastewater
Limit Withdrawal, if adverse comments
are received on this direct final rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information about
commenting on this rule, see the
ADDRESSES section of this document.
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1 North
System.
American
Industry
Classification
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this direct final rule. To
determine whether your facility would
be regulated by this direct final rule,
you should examine the applicability
criteria in 40 CFR 63.11140. If you have
any questions regarding the
applicability of this action to a
particular entity, consult either the air
permitting authority for the entity or
your EPA regional representative as
listed in 40 CFR 63.13.
III. What should I consider as I prepare
my comments for the EPA?
Submitting CBI. Do not submit
information containing CBI to the EPA
through https://www.regulations.gov or
email. Clearly mark the part or all of the
information that you claim to be CBI.
For CBI information on a disk or CD–
ROM that you mail to the EPA, mark the
outside of the disk or CD–ROM as CBI
and then identify electronically within
the disk or CD–ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comments that includes information
claimed as CBI, you must submit a copy
of the comments that does not contain
the information claimed as CBI for
inclusion in the public docket. If you
submit a CD–ROM or disk that does not
contain CBI, mark the outside of the
disk or CD–ROM clearly that it does not
contain CBI. Information not marked as
CBI will be included in the public
docket and the EPA’s electronic public
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This direct final rule withdraws the
PVC area source process wastewater
emission standards for TOHAP for new
and existing sources in Tables 1 and 2
of 40 CFR part 63, subpart DDDDDD.
This rule makes no other changes to
Tables 1 and 2, or any other aspect of
the PVC rule. 77 FR 22848 (April 17,
2012). The existing rule limits area
source process wastewater TOHAP
emissions for new and existing sources
to 0.018 parts per million by weight for
all resin types.
Subsequent to the April 14, 2012,
promulgation of the national emission
standards for hazardous air pollutants
(NESHAP) for PVC Area Sources, PVC
industry stakeholders informed the EPA
that data from a groundwater
remediation stripper that is not part of
the PVC Production source category had
mistakenly been submitted to the EPA
as PVC process wastewater data in
response to the EPA’s 2009 Clean Air
Act (CAA) section 114 survey. Those
wastewater data were used to set the
new and existing area source TOHAP
process wastewater emission standards.
The PVC industry stakeholders
requested that the PVC area source
process wastewater TOHAP emission
standards be withdrawn from the PVC
Area Source NESHAP since they are not
based on data from the PVC Production
source category.
The EPA agrees and is taking action
to withdraw the area source process
wastewater TOHAP emission standards.
Since promulgation of the April 2012
PVC Area Source NESHAP, the EPA
also has requested process wastewater
data in CAA section 114 surveys from
companies with PVC area sources and is
presently developing a proposed rule in
its reconsideration of certain PVC area
source NESHAP, including the process
wastewater TOHAP emission standards.
Comments on this direct final rule are
limited to issues directly associated
with the withdrawal of the PVC Area
Source NESHAP process wastewater
emission standards for TOHAP in
Tables 1 and 2 of 40 CFR part 63,
subpart DDDDDD. Any other issues
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Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Rules and Regulations
raised in comments are outside the
scope of this rulemaking.
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was, therefore, not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. OMB has previously approved the
information collection activities
contained in the existing regulation (40
CFR part 63, subpart DDDDDD) and has
assigned OMB control number 2060–
0684. This action does not change the
information collection requirements.
The OMB control numbers for the EPA’s
regulations are listed in 40 CFR part 9.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. To the EPA’s knowledge, there
are no small entities subject to the final
rule.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It 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.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175. The final amendments
impose no requirements on tribal
governments. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
The EPA is developing proposed area
source process wastewater standards in
a reconsideration proceeding.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211 because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
This action does not involve any new
technical standards.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income or indigenous
populations. An evaluation was not
needed for this action.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action 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, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: January 23, 2015.
Gina McCarthy,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I, of the Code
of Federal Regulations is amended as
follows:
PART 63—NATIONAL EMISSIONS
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
1. The authority citation for part 63
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart DDDDDD—National Emission
Standards for Hazardous Air Pollutants
for Polyvinyl Chloride and Copolymer
Production Area Sources
2. Table 1 to Subpart DDDDDD of Part
63 is revised to read as follows:
■
TABLE 1 TO SUBPART DDDDDD OF PART 63—EMISSION LIMITS AND STANDARDS FOR EXISTING AFFECTED SOURCES
And for this air pollutant . . .
And for an affected source producing this type of PVC resin . . .
You must meet this emission
limit . . .
PVC-only process vents a ..............
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For this type of emission
point . . .
Vinyl chloride ................................
All resin types ...............................
All resin types ...............................
All resin types ...............................
All resin types ...............................
PVC-combined process vents a .....
Total hydrocarbons .......................
Total organic HAP b ......................
Dioxins/furans (toxic equivalency
basis).
Vinyl chloride ................................
Total hydrocarbons .......................
Total organic HAP b ......................
Dioxins/furans (toxic equivalency
basis).
5.3 parts per million by volume
(ppmv).
46 ppmv measured as propane.
140 ppmv.
0.13 nanograms per dry standard
cubic meter (ng/dscm).
0.56 ppmv.
2.3 ppmv measured as propane.
29 ppmv.
0.076 ng/dscm.
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All
All
All
All
resin
resin
resin
resin
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types
types
types
types
...............................
...............................
...............................
...............................
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5941
TABLE 1 TO SUBPART DDDDDD OF PART 63—EMISSION LIMITS AND STANDARDS FOR EXISTING AFFECTED SOURCES—
Continued
For this type of emission
point . . .
And for this air pollutant . . .
And for an affected source producing this type of PVC resin . . .
You must meet this emission
limit . . .
Stripped resin .................................
Vinyl chloride ................................
Bulk resin ......................................
Dispersion resin ............................
Suspension resin ..........................
Suspension blending resin ...........
Copolymer resin ...........................
Bulk resin ......................................
7.1 parts per million by weight
(ppmw).
1,500 ppmw.
36 ppmw.
140 ppmw.
790 ppmw.
170 ppmw.
Dispersion resin ............................
Suspension resin ..........................
Suspension blending resin ...........
Copolymer resin ...........................
All resin types ...............................
320 ppmw.
36 ppmw.
500 ppmw.
1,900 ppmw.
2.1 ppmw.
Total non-vinyl chloride organic
HAP.
Process Wastewater ......................
Vinyl chloride ................................
a Emission
b Affected
limits at 3-percent oxygen, dry basis.
sources have the option to comply with either the total hydrocarbon limit or the total organic HAP limit.
3. Table 2 to Subpart DDDDDD of Part
63 is revised to read as follows:
■
TABLE 2—TO SUBPART DDDDDD OF PART 63—EMISSION LIMITS AND STANDARDS FOR NEW AFFECTED SOURCES
For this type of emission
point . . .
And for this air pollutant . . .
And for an affected source producing this type of PVC resin . . .
You must meet this emission
limit . . .
PVC-only process vents a ..............
Vinyl chloride ................................
All resin types ...............................
All resin types ...............................
All resin types ...............................
All resin types ...............................
PVC-combined process vents a .....
Total hydrocarbons .......................
Total organic HAP b ......................
Dioxins/furans (toxic equivalency
basis).
Vinyl chloride ................................
Total hydrocarbons .......................
Total organic HAP b ......................
Dioxins/furans (toxic equivalency
basis).
Vinyl chloride ................................
5.3 parts per million by volume
(ppmv).
46 ppmv measured as propane.
140 ppmv.
0.13 nanograms per dry standard
cubic meter (ng/dscm).
0.56 ppmv.
2.3 ppmv measured as propane.
29 ppmv.
0.076 ng/dscm.
Stripped resin .................................
Total non-vinyl chloride organic
HAP.
Process Wastewater ......................
Vinyl chloride ................................
All
All
All
All
resin
resin
resin
resin
types
types
types
types
...............................
...............................
...............................
...............................
Bulk resin ......................................
Dispersion resin ............................
Suspension resin ..........................
Suspension blending resin ...........
Copolymer resin ...........................
Bulk resin ......................................
7.1 parts per million by weight
(ppmw).
1,500 ppmw.
36 ppmw.
140 ppmw.
790 ppmw.
170 ppmw.
Dispersion resin ............................
Suspension resin ..........................
Suspension blending resin ...........
Copolymer resin ...........................
All resin types ...............................
320 ppmw.
36 ppmw.
500 ppmw.
1,900 ppmw.
2.1 ppmw.
a Emission
limits at 3 percent oxygen, dry basis.
b Affected sources have the option to comply with either the total hydrocarbon limit or the total organic HAP limit.
Final rule.
[FR Doc. 2015–01922 Filed 2–3–15; 8:45 am]
ACTION:
BILLING CODE 6560–50–P
SUMMARY:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2013–0151; FRL–9920–98]
Difenoconazole; Pesticide Tolerances
Environmental Protection
Agency (EPA).
AGENCY:
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This regulation establishes
tolerances for residues of
difenoconazole in or on rapeseed
subgroup 20A, and dragon fruit.
Syngenta Crop Protection requested the
rapeseed subgroup 20A tolerance, and
Dragonberry/YW International Produce
requested the dragonfruit tolerance
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective
February 4, 2015. Objections and
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requests for hearings must be received
on or before April 6, 2015, and must be
filed in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2013–0151, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
ADDRESSES:
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]]>Agencies
[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Rules and Regulations]
[Pages 5938-5941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01922]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2002-0037; FRL-9921-80-OAR]
RIN 2060-AS45
National Emission Standards for Hazardous Air Pollutants for
Polyvinyl Chloride and Copolymers Production Area Sources Wastewater
Limit Withdrawal
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to amend the National Emission Standards for Hazardous Air
Pollutants for Polyvinyl Chloride and Copolymers Production Area
Sources. This direct final rule withdraws the total non-vinyl chloride
organic hazardous air pollutant (TOHAP) process wastewater emission
standards for new and existing polyvinyl chloride and copolymers (PVC)
area sources.
DATES: This rule is effective on March 30, 2015 without further notice,
unless the EPA receives adverse comment by March 13, 2015. If the EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the amendments in the final
rule will not take effect.
ADDRESSES: Comments. Submit your comments, identified by Docket ID
Number EPA-HQ-OAR-2002-0037, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov:
Follow the on-line instructions for submitting comments.
Email: a-and-r-docket@epa.gov. Attention Docket ID Number
EPA-HQ-OAR-2002-0037.
Fax: (202) 566-9744. Attention Docket ID Number EPA-HQ-
OAR-2002-0037.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Mail Code: 28221T, Attention Docket ID Number EPA-HQ-OAR-2002-
0037, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
Hand Delivery: U.S. Environmental Protection Agency, EPA
Docket Center, Room 3334, EPA WJC West Building, 1301 Constitution Ave.
NW., Washington, DC 20004. Attention Docket ID Number EPA-HQ-OAR-2002-
0037. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions. Direct your comments to Docket ID Number EPA-HQ-OAR-
2002-0037. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be confidential business information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means the EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an email comment directly to the EPA
without going through https://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, the EPA recommends that you include
your name and other contact information in the body of your comment and
with any disk or CD-ROM you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should avoid the use of special characters, any form of encryption and
be free of any defects or viruses. For additional information about the
EPA's public docket, visit the EPA Docket Center homepage at: https://www.epa.gov/dockets.
We request that you also send a separate copy of each comment to
the contact person listed below (see FOR FURTHER INFORMATION CONTACT).
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the EPA Docket Center, EPA/
DC, EPA WJC West Building, 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,
[[Page 5939]]
and the telephone number for the EPA Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Ms. Jodi Howard, Sector Policies and
Programs Division (E143-01), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, NC 27711; telephone number: (919) 541-4607; fax number: (919)
541-0246; and email address: howard.jodi@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The information in this preamble is
organized as follows:
I. Why is the EPA issuing a direct final rule?
II. Does this direct final rule apply to me?
III. What should I consider as I prepare my comments for the EPA?
IV. What are the amendments made by this direct final rule?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. Why is the EPA issuing a direct final rule?
The EPA is publishing this direct final rule without a prior
proposed rule because we view this as a noncontroversial action and
anticipate no adverse comment. However, in the ``Proposed Rules''
section of this Federal Register, we are publishing a separate document
that will serve as the proposed rule to the National Emission Standards
for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers
Production Area Sources Wastewater Limit Withdrawal, if adverse
comments are received on this direct final rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
If the EPA receives adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that some or
all of this direct final rule will not take effect. We would address
all public comments in any subsequent final rule based on the proposed
rule.
II. Does this direct final rule apply to me?
Categories and entities potentially regulated by this direct final
rule include:
------------------------------------------------------------------------
NAICS Examples of regulated
Category code \1\ entities
------------------------------------------------------------------------
Polyvinyl chloride resins 325211 Facilities that
manufacturing. polymerize vinyl
chloride monomer to
produce polyvinyl
chloride and/or
copolymers products.
------------------------------------------------------------------------
\1\ North American Industry 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
direct final rule. To determine whether your facility would be
regulated by this direct final rule, you should examine the
applicability criteria in 40 CFR 63.11140. If you have any questions
regarding the applicability of this action to a particular entity,
consult either the air permitting authority for the entity or your EPA
regional representative as listed in 40 CFR 63.13.
III. What should I consider as I prepare my comments for the EPA?
Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
a disk or CD-ROM that you mail to the EPA, mark the outside of the disk
or CD-ROM as CBI and then identify electronically within the disk or
CD-ROM the specific information that is claimed as CBI. In addition to
one complete version of the comments that includes information claimed
as CBI, you must submit a copy of the comments that does not contain
the information claimed as CBI for inclusion in the public docket. If
you submit a CD-ROM or disk that does not contain CBI, mark the outside
of the disk or CD-ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and the EPA's
electronic public docket without prior notice. Information marked as
CBI will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2. Send or deliver information identified as CBI
only to the following address: OAQPS Document Control Officer (C404-
02), OAQPS, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711, and Attention Docket ID Number EPA-HQ-OAR-
2002-0037.
IV. What are the amendments made by this direct final rule?
This direct final rule withdraws the PVC area source process
wastewater emission standards for TOHAP for new and existing sources in
Tables 1 and 2 of 40 CFR part 63, subpart DDDDDD. This rule makes no
other changes to Tables 1 and 2, or any other aspect of the PVC rule.
77 FR 22848 (April 17, 2012). The existing rule limits area source
process wastewater TOHAP emissions for new and existing sources to
0.018 parts per million by weight for all resin types.
Subsequent to the April 14, 2012, promulgation of the national
emission standards for hazardous air pollutants (NESHAP) for PVC Area
Sources, PVC industry stakeholders informed the EPA that data from a
groundwater remediation stripper that is not part of the PVC Production
source category had mistakenly been submitted to the EPA as PVC process
wastewater data in response to the EPA's 2009 Clean Air Act (CAA)
section 114 survey. Those wastewater data were used to set the new and
existing area source TOHAP process wastewater emission standards. The
PVC industry stakeholders requested that the PVC area source process
wastewater TOHAP emission standards be withdrawn from the PVC Area
Source NESHAP since they are not based on data from the PVC Production
source category.
The EPA agrees and is taking action to withdraw the area source
process wastewater TOHAP emission standards. Since promulgation of the
April 2012 PVC Area Source NESHAP, the EPA also has requested process
wastewater data in CAA section 114 surveys from companies with PVC area
sources and is presently developing a proposed rule in its
reconsideration of certain PVC area source NESHAP, including the
process wastewater TOHAP emission standards.
Comments on this direct final rule are limited to issues directly
associated with the withdrawal of the PVC Area Source NESHAP process
wastewater emission standards for TOHAP in Tables 1 and 2 of 40 CFR
part 63, subpart DDDDDD. Any other issues
[[Page 5940]]
raised in comments are outside the scope of this rulemaking.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive
orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulation (40 CFR part 63,
subpart DDDDDD) and has assigned OMB control number 2060-0684. This
action does not change the information collection requirements. The OMB
control numbers for the EPA's regulations are listed in 40 CFR part 9.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. To the EPA's
knowledge, there are no small entities subject to the final rule.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. The final amendments impose no requirements on
tribal governments. Thus, Executive Order 13175 does not apply to this
action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk. The EPA is developing proposed area source
process wastewater standards in a reconsideration proceeding.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This action does not involve any new technical standards.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations. An evaluation was not needed for this
action.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action 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, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: January 23, 2015.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:
PART 63--NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart DDDDDD--National Emission Standards for Hazardous Air
Pollutants for Polyvinyl Chloride and Copolymer Production Area
Sources
0
2. Table 1 to Subpart DDDDDD of Part 63 is revised to read as follows:
Table 1 to Subpart DDDDDD of Part 63--Emission Limits and Standards for Existing Affected Sources
----------------------------------------------------------------------------------------------------------------
And for an affected
For this type of emission point . . And for this air source producing this You must meet this
. pollutant . . . type of PVC resin . . . emission limit . . .
----------------------------------------------------------------------------------------------------------------
PVC-only process vents \a\........... Vinyl chloride......... All resin types........ 5.3 parts per million
by volume (ppmv).
Total hydrocarbons..... All resin types........ 46 ppmv measured as
propane.
Total organic HAP \b\.. All resin types........ 140 ppmv.
Dioxins/furans (toxic All resin types........ 0.13 nanograms per dry
equivalency basis). standard cubic meter
(ng/dscm).
PVC-combined process vents \a\....... Vinyl chloride......... All resin types........ 0.56 ppmv.
Total hydrocarbons..... All resin types........ 2.3 ppmv measured as
propane.
Total organic HAP \b\.. All resin types........ 29 ppmv.
Dioxins/furans (toxic All resin types........ 0.076 ng/dscm.
equivalency basis).
[[Page 5941]]
Stripped resin....................... Vinyl chloride......... Bulk resin............. 7.1 parts per million
by weight (ppmw).
Dispersion resin....... 1,500 ppmw.
Suspension resin....... 36 ppmw.
Suspension blending 140 ppmw.
resin.
Copolymer resin........ 790 ppmw.
Total non-vinyl Bulk resin............. 170 ppmw.
chloride organic HAP.
Dispersion resin....... 320 ppmw.
Suspension resin....... 36 ppmw.
Suspension blending 500 ppmw.
resin.
Copolymer resin........ 1,900 ppmw.
Process Wastewater................... Vinyl chloride......... All resin types........ 2.1 ppmw.
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3-percent oxygen, dry basis.
\b\ Affected sources have the option to comply with either the total hydrocarbon limit or the total organic HAP
limit.
0
3. Table 2 to Subpart DDDDDD of Part 63 is revised to read as follows:
Table 2--to Subpart DDDDDD of Part 63--Emission Limits and Standards for New Affected Sources
----------------------------------------------------------------------------------------------------------------
And for an affected
For this type of emission point . . And for this air source producing this You must meet this
. pollutant . . . type of PVC resin . . . emission limit . . .
----------------------------------------------------------------------------------------------------------------
PVC-only process vents \a\........... Vinyl chloride......... All resin types........ 5.3 parts per million
by volume (ppmv).
Total hydrocarbons..... All resin types........ 46 ppmv measured as
propane.
Total organic HAP \b\.. All resin types........ 140 ppmv.
Dioxins/furans (toxic All resin types........ 0.13 nanograms per dry
equivalency basis). standard cubic meter
(ng/dscm).
PVC-combined process vents \a\....... Vinyl chloride......... All resin types........ 0.56 ppmv.
Total hydrocarbons..... All resin types........ 2.3 ppmv measured as
propane.
Total organic HAP \b\.. All resin types........ 29 ppmv.
Dioxins/furans (toxic All resin types........ 0.076 ng/dscm.
equivalency basis).
Stripped resin....................... Vinyl chloride......... Bulk resin............. 7.1 parts per million
by weight (ppmw).
Dispersion resin....... 1,500 ppmw.
Suspension resin....... 36 ppmw.
Suspension blending 140 ppmw.
resin.
Copolymer resin........ 790 ppmw.
Total non-vinyl Bulk resin............. 170 ppmw.
chloride organic HAP.
Dispersion resin....... 320 ppmw.
Suspension resin....... 36 ppmw.
Suspension blending 500 ppmw.
resin.
Copolymer resin........ 1,900 ppmw.
Process Wastewater................... Vinyl chloride......... All resin types........ 2.1 ppmw.
----------------------------------------------------------------------------------------------------------------
\a\ Emission limits at 3 percent oxygen, dry basis.
\b\ Affected sources have the option to comply with either the total hydrocarbon limit or the total organic HAP
limit.
[FR Doc. 2015-01922 Filed 2-3-15; 8:45 am]
BILLING CODE 6560-50-P
