National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline), 21825-21834 [E8-8810]
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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations
Dated: April 4, 2008.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the
Port, Sector San Francisco.
[FR Doc. E8–8733 Filed 4–22–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2003–0138, FRL–8557–1]
RIN 2060–AO99
National Emission Standards for
Hazardous Air Pollutants: Organic
Liquids Distribution (Non-Gasoline)
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is taking direct final
action on the national emission
standards for hazardous air pollutants
for organic liquids distribution (nongasoline), which EPA promulgated on
February 3, 2004, and amended on July
28, 2006. In this action, EPA is
clarifying combustion control device
compliance requirements, certain
storage tank control compliance dates,
and vapor balance system monitoring
requirements. In addition, EPA is
correcting typographical errors found in
the July 28, 2006, final rule
amendments.
DATES: This direct final rule is effective
on July 22, 2008, without further notice,
unless EPA receives adverse comment
by June 9, 2008. If we receive adverse
comment, we will publish a timely
withdrawal in the Federal Register
informing the public that this rule, or
the relevant section of this rule, will not
take effect.
Public Hearing: If anyone contacts
EPA requesting to speak at a public
hearing concerning this rulemaking by
May 5, 2008, we will hold a public
hearing on May 8, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2003–0138, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-Docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: Air and Radiation Docket,
Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Please include a total of two copies.
• Hand Delivery: In person or by
courier, deliver your comments to: Air
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and Radiation Docket, Public Reading
Room, EPA West Building, Room 3334,
1301 Constitution Ave., NW.,
Washington, DC 20004. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. Please
include a total of two copies. We request
that a separate copy also be sent to the
contact persons listed below (see FOR
FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2003–
0138. 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 e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
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, 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 EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, 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 EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed either in the https://
www.regulations.gov index or in the
legacy docket, Docket No. A–98–13.
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 https://
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www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA 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, and the telephone
number for the Air and Radiation
Docket is (202) 566–1742.
Public Hearing: If you are interested
in attending the public hearing, contact
Ms. Janet Eck at (919) 541–7946 to
verify that a hearing will be held. If a
public hearing is held, it will be held at
10 a.m. at EPA’s Campus located at 109
T.W. Alexander Drive in Research
Triangle Park, NC, or an alternate site
nearby. If no one contacts EPA
requesting to speak at a public hearing
concerning this rule by May 5, 2008 this
hearing will be cancelled without
further notice.
FOR FURTHER INFORMATION CONTACT:
General and Technical Information: MR.
STEPHEN SHEDD, OFFICE OF AIR QUALITY
PLANNING AND STANDARDS, SECTOR
POLICIES AND PROGRAMS DIVISION,
COATINGS AND CHEMICALS GROUP (E143–
01), EPA, RESEARCH TRIANGLE PARK, NC
27711, TELEPHONE: (919) 541–5397,
FACSIMILE NUMBER: (919) 685–3195,
E-MAIL ADDRESS: shedd.steve@epa.gov.
Compliance Information: Ms. Marcia
Mia, Office of Compliance, Air
Compliance Branch (2223A), EPA, Ariel
Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460,
telephone: (202) 564–7042, facsimile
number: (202) 564–0050, e-mail address:
mia.marcia@epa.gov.
SUPPLEMENTARY INFORMATION:
EPA is publishing this rule without
prior proposal because we view this as
a noncontroversial action and anticipate
no adverse comment because the
changes being implemented clarify the
application of the rule, make the rule
consistent with other regulations with
no loss in its effectiveness in achieving
emission reductions, and correct
typographical and format errors.
However, in the Proposed Rules section
of this Federal Register, we are
publishing a separate document that
will serve as the proposed rule for these
revisions if adverse comments are
received on this direct final rule. If we
receive adverse comment on a distinct
section of this rule, we will publish a
timely withdrawal in the Federal
Register informing the public that some
or all of the amendments in this rule
will not take effect. The provisions that
are not withdrawn will become effective
on the date set out above,
notwithstanding adverse comment on
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any other provision, unless we
determine that it would not be
appropriate to promulgate those
provisions due to their being affected by
the provisions for which we receive any
adverse comments. We will address all
public comments in a subsequent final
rule based on the proposed 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
NAICS*
code
Category
Industry .............................
commenting on this rule, see the
section of this document.
Submitting CBI.
Do not submit this information to EPA
through https://www.regulations.gov or
e-mail. 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 EPA, mark
the outside of the disk or CD–ROM as
CBI and then identify electronically
within the disk or CD–ROM the specific
ADDRESSES
325211,
325192,
325188,
32411,
49311,
49319,
48611,
42269,
42271.
Federal Government ........
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
Categories and entities potentially
regulated by this action include:
Examples of regulated entities
Operations at major sources that transfer organic liquids into or out of the plant site, including: liquid
storage terminals, crude oil pipeline stations, petroleum refineries, chemical manufacturing facilities, and other manufacturing facilities with collocated OLD operations.
Federal agency facilities that operate any of the types of entities listed under the ‘‘industry’’ category
in this table.
*North American Industry Classification System/Considered to be the primary industrial codes for the plant sites with OLD operations.
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This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this final rule. To
determine whether your facility is
regulated by this action, you should
examine the applicability criteria in 40
CFR part 63, subpart EEEE. If you have
any questions regarding the
applicability of this final rule to a
particular entity, consult either the air
permit authority for the entity or your
EPA regional representative as listed in
40 CFR 63.13.
Worldwide Web (WWW). In addition
to being available in the docket, an
electronic copy of this final rule is also
available on the WWW through the
Technology Transfer Network (TTN).
Following signature, a copy of this final
rule will be posted on the TTN’s policy
and guidance page for newly proposed
or promulgated rules at the following
address: https://www.epa.gov/ttn/oarpg.
The TTN provides information and
technology exchange in various areas of
air pollution control.
Outline: The information presented in
this preamble is organized as follows:
I. Background
II. Summary of These Final Rule
Amendments
III. Rationale for These Final Rule
Amendments
A. Use of TOC as a Surrogate for HAP
When Demonstrating Compliance with
Percent Emission Reduction
B. Compliance Date and Initial
Demonstration of Compliance for Storage
Tanks Using Vapor Balancing or Routing
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Emissions Back to a Process or a Fuel
Gas System
C. Monitoring of Vapor Balancing System
Components With the Potential To Leak
D. Format, Grammatical, and
Typographical Errors
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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
I. Background
On February 3, 2004 (69 FR 5063),
EPA promulgated the National Emission
Standards for Hazardous Air Pollutants:
Organic Liquids Distribution (NonGasoline) (OLD NESHAP) (40 CFR part
63, subpart EEEE) pursuant to section
112 of the Clean Air Act (CAA). In
response to several petitions for
administrative reconsideration of the
OLD NESHAP and several petitions for
judicial review filed with the United
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States Court of Appeals for the District
of Columbia Circuit, and pursuant to a
settlement agreement between some of
the parties to the litigation, EPA
proposed amendments to subpart EEEE
on November 14, 2005 (70 CFR 69210).
EPA received comments from four
entities. On July 28, 2006 (71 FR 42898),
EPA promulgated amendments to
subpart EEEE based on consideration of
the comments received on the proposed
amendments.
II. Summary of These Final Rule
Amendments
Under these final rule amendments,
the following changes or clarifications
are being promulgated.
• Removing the requirement that
owners and operators must obtain prior
approval from the Administrator to use
total organic compounds (TOC) as a
surrogate for hazardous air pollutants
(HAP) when demonstrating compliance
with the percent emission reduction
requirements for combustion devices.
• Clarifying that demonstration of
initial compliance for storage tanks that
elect to comply with either the vapor
balancing work practice requirement or
the routing of emissions to a fuel gas
system or back to a process work
practice requirement must be made by
April 25, 2011, and not 10 years after
February 3, 2004. We retain the
requirement that compliance must occur
prior to the specified date or the first
degassing, whichever occur earlier.
• Clarifying that the continuous
compliance requirements for the
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monitoring of a transfer rack system
using vapor balancing is for all points in
the system that may leak and that
monitoring is not required in any
quarter in which loading does not occur.
These final rule amendments also
correct several format, grammatical, and
typographical errors which occur in
Table 2 (item 9.b.ii), Table 5 (item 1.b),
Table 6 (item 1), Table 7 (item 1.a.i, item
1.c.i, and item 2.a.i), and § 63.2343(d).
III. Rationale for These Final Rule
Amendments
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A. Use of TOC as a Surrogate for HAP
When Demonstrating Compliance With
Percent Emission Reduction
Section 63.2354(b) of the NESHAP
specifies that you must comply with
various requirements of 40 CFR part 63,
subpart SS for performance testing
provisions, including § 63.997(e).
Additionally, § 63.2346(f) specifies that
if you elect to demonstrate compliance
with the percent reduction requirements
using TOC rather than organic HAP, you
must first demonstrate, subject to
approval of the Administrator, that TOC
is an appropriate surrogate for organic
HAP. This requirement was intended to
address circumstances under which a
device such as a condenser could
achieve substantively different results
from one compound to another. Under
these conditions, an inlet and outlet
percent control determination for TOC
might not be equivalent to a similar
determination for each or total HAP.
Since promulgation, we have received
questions on whether the requirement to
first demonstrate that TOC is an
appropriate surrogate for organic HAP is
necessary for a combustion device.
When organic compounds are
controlled by combustion processes, the
organic compounds emitted at the outlet
of the device are not the same as those
entering the inlet to the device and are
typically unknown. Further, unlike noncombustion devices, combustion
devices achieve a greater uniformity of
destruction across all organic HAP
compounds. Therefore, we have
determined that the requirement to first
demonstrate that TOC is an appropriate
surrogate for organic HAP is
unwarranted for combustion devices
and have modified paragraph (f) of 40
CFR 63.2346 to make this requirement
applicable only to non-combustion
devices.
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B. Compliance Date and Initial
Demonstration of Compliance for
Storage Tanks Using Vapor Balancing
or Routing Emissions Back to a Process
or a Fuel Gas System
Section 63.2342 identifies when an
owner or operator must comply with the
requirements of subpart EEEEE, while
§ 63.2358 identifies the dates by which
an owner or operator must demonstrate
initial compliance. As discussed below,
there is an inconsistency in these two
sections of the rule as they apply to
storage tanks for which vapor balancing
or routing of emissions to a fuel gas
system or back to a process are used to
comply with the rule.
Paragraph (b)(1) of § 63.2342 states
that owners or operators of existing
affected sources must be in compliance
with the emission limitations, operating
limits, and work practice standards for
existing sources by February 5, 2007,
except as specified in § 63.2342(b)(2).
Paragraph (b)(2) states that ‘‘floating roof
tanks at existing affected sources must
be in compliance with the work practice
standards in Table 4 to this subpart,
item 1, at all times after the next
degassing and cleaning activity or
within 10 years after February 3, 2004,
whichever occurs first. If the first
degassing and cleaning activity occurs
during the 3 years following February 3,
2004, the compliance date is February 5,
2007.’’
With regards to demonstrating initial
compliance, paragraph (c)(1) of
§ 63.2358 states that ‘‘for storage tanks at
existing affected sources complying
with the work practice standard in
Table 4 to this subpart, you must
conduct your initial compliance
demonstration the next time the storage
tank is emptied and degassed, but not
later than 10 years after February 3,
2004.’’ The work practice standards in
Table 4 for storage tanks at existing
facilities are:
• Comply with the requirements of 40
CFR part 63, subpart WW (control level
2), which addressed the use of floating
roofs;
• Comply with the requirements of
§ 63.984 for routing emissions to a fuel
gas system or back to a process; and
• Comply with the requirements of
§ 63.2346(a)(4) for vapor balancing
emissions to the transport vehicle from
which the storage tank is filled.
As stated in the July 28, 2006, Federal
Register in response to a public
comment (71 FR 42899), the technical
basis for allowing demonstration of
initial compliance up to 10 years after
February 3, 2004, applies only to storage
tanks with floating roofs and not to
storage tanks with fixed roofs. EPA, in
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both the February 3, 2004 rulemaking
promulgating 40 CFR part 63, subpart
EEEE, and in the July 28, 2006
rulemaking promulgating amendments
to 40 CFR part 63, subpart EEEE,
inadvertently failed to revise § 63.2358
to reflect its intent to apply the ‘‘up to
10 years’’ compliance provision to only
the ‘‘floating roof’’ work practice
standard.
As the current regulation stands,
owners and operators seeking to comply
with the work practice standards for
storage tanks would have ‘‘up to 10
years’’ to demonstrate initial
compliance if they elect to comply by
routing the emissions to a fuel gas
system or back to a process or by using
a vapor balancing system. This was
never EPA’s intent for these two types
of work practice standards. EPA points
out that these same types of work
practice standards are allowed for
transfer racks, and the rule is
unambiguous that demonstration of
initial compliance is required within
180 days after the compliance date of
February 3, 2007.
To correct this oversight, EPA is
clarifying that the ‘‘up to 10-year’’
demonstration of initial compliance
date applies only when a floating roof
is used to comply with 40 CFR part 63,
subpart EEEE, and inserting the actual
date ‘‘February 3, 2014’’ into the rule
text. In addition, the intended
compliance date has past (180 days after
the compliance date of February 3,
2007) to demonstrate initial compliance
if they elect to route storage tank
emissions to a fuel system or back to a
process or to use vapor balancing.
Because facilities will need time to plan
and install equipment and affected
sources had up to 3 years to comply
with the original rule, we are specifying
the compliance date for routing storage
tank emissions to a fuel gas system or
back to a process or to use vapor
balancing to be 3 years from this notice.
However, we retain and still require
compliance by ‘‘the next time the
storage tank is emptied and degassed,
but not later than’’ 3 years from this
notice.
C. Monitoring of Vapor Balancing
System Components With the Potential
To Leak
Table 10 to 40 CFR part 63, subpart
EEEE addresses continuous compliance
requirements, in part, for vapor
balancing systems when used for
transfer racks and storage tanks. EPA
has received a question concerning the
relationship between the continuous
compliance requirements for vapor
balancing systems and those for
equipment leak components.
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For vapor balancing systems, there are
two places in 40 CFR part 63, subpart
EEEE that identify compliance
requirements—Table 10 and
§ 63.2346(a)(4)(v). As found in item 4.b.i
to Table 10, the continuous compliance
requirement for a transfer rack using a
vapor balancing system reads:
‘‘Monitoring each potential source of
vapor leakage in the system quarterly
during the loading of a transport vehicle
or the filling of a container using the
methods and procedures described in
the rule requirements selected for the
work practice standard for equipment
leak components as specified in Table 4
to subpart EEEE, item 4. An instrument
reading of 500 ppmv defines a leak.
Repair of leaks is performed according
to the repair requirements specified in
your selected equipment leak
standards.’’
Paragraph (a)(4)(v) of § 63.2346
identifies leak detection and repair
(LDAR) requirements for pressure relief
devices used in vapor balancing
systems. The current rule language is, at
best, ambiguous as to the relationship of
this paragraph and the language in
Table 10.
For equipment leak components,
which are defined in 40 CFR part 63,
subpart EEEE as pumps, valves, and
sampling connections, the owner or
operator selects one of three 40 CFR part
63 subparts, as specified in item 4 of
Table 4. These three subparts identify
LDAR provisions that are to be applied
to pumps, valves, and sampling
connections.
To clarify the intended relationship
between these various provisions, the
phrase ‘‘each potential source of vapor
leakage’’ is intended to apply to any and
all equipment in the vapor balancing
system that may leak, including, but not
limited to pumps, valves, and sampling
connections. For all such equipment,
the owner or operator is to apply the
applicable provisions found in the
equipment leak standard selected by the
owner or operator to comply with the
equipment leak components. This could
mean that an owner or operator may be
applying LDAR requirements found in
the selected 40 CFR part 63 subpart for
components other than a pump, valve,
or sampling connection. If the vapor
balancing system has a pressure relief
valve, however, the owner or operator
would comply with the LDAR
provisions for pressure relief valves
found in § 63.2346(a)(4)(v). For
equipment leak components (as defined
in 40 CFR part 63, subpart EEEE) that
are not part of a vapor balancing system,
continuous compliance is demonstrated
as specified in item 5 to Table 10.
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To clarify these relationships, EPA is
revising item 4.b.i in Table 10 or 40 CFR
part 63, subpart EEEE to read as follows:
‘‘Except for pressure relief devices,
monitoring each potential source of
vapor leakage in the system, including,
but not limited to pumps, valves, and
sampling connections, quarterly during
the loading of a transport vehicle or the
filling of a container using the methods
and procedures described in the rule
requirements selected for the work
practice standard for equipment leak
components as specified in Table 4 to
this subpart, item 4. An instrument
reading of 500 ppmv defines a leak.
Repair of leaks is performed according
to the repair requirements specified in
your selected equipment leak standards.
For pressure relief devices, comply with
§ 63.2346(a)(4)(v). If no loading of a
transport vehicle or filling of a container
occurs during a quarter, then monitoring
of the vapor balancing system is not
required.’’
Finally, item 6.b.i to Table 10 of 40
CFR part 63, subpart EEEE addresses the
same vapor balancing system
monitoring requirements, but for storage
tanks. EPA is making the same changes
as in item 4.b.i to Table 10. EPA is also
making one additional change. As the
rule currently reads, item 6.b.i refers to
‘‘monitoring each potential source of
vapor leakage in the system quarterly
during the loading of a transport vehicle
or the filling of a container.’’ This item
should be referring to the loading of a
storage tank and not the loading of a
transport vehicle or the filling or a
container. Therefore, EPA is also
correcting this incorrect reference.
D. Format, Grammatical, and
Typographical Errors
1. In Table 2, item 9.b.ii or 40 CFR
part 63, subpart EEEE should have been
placed on a separate line rather than on
the same line as the end of item 9.b.i.
For clarity, item 9.b.ii has been
reformatted so that it starts on its own
line.
2. In Table 5 of 40 CFR part 63,
subpart EEEE, the first two columns
associated with item b. were incorrectly
placed under the headings ‘‘According
to * * *’’ and ‘‘Using * * *’’. They
should have been placed under the
headings, respectively, ‘‘You must
conduct * * *’’ and ‘‘According to
* * *’’.
3. In Table 6, item 1 of 40 CFR part
63, subpart EEEE, the first column crossreferences items 1 through 6 in Table 2.
The sentence, therefore, should refer to
‘‘meeting any set of tank capacity and
liquid organic HAP vapor pressure
criteria’’ rather to ‘‘meeting either set.’’
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4. In Table 6 of 40 CFR part 63,
subpart EEEE, the second column of
item 1 states, in part, ‘‘or as an option
for combustion devices to an exhaust
concentration of ≤20 ppmv.’’ The word
‘‘nonflare’’ was inadvertently omitted
from this sentence. This sentence is
revised to read, in part, ‘‘or as an option
for nonflare combustion devices to an
exhaust concentration of ≤20 ppmv.’’
This makes the sentence consistent with
the other items in Table 6.
5. In Table 7 of 40 CFR part 63,
subpart EEEE, three typographical errors
are being corrected from the July 28,
2006, FR notice. In item 1.a.i, ‘‘perform’’
was misspelled as ‘‘perofrm.’’. In item
1.c.i, the cross-reference was incorrectly
identified as § 3.2346(a)(4); the correct
cross-reference is § 63.2346(a)(4). In
item 2.a.i, ‘‘primary’’ was misspelled as
‘‘priamry.’’
6. Section 63.2343(d) currently reads:
‘‘If one or more of the events identified
in paragraphs (d)(1) through (4) of this
section occur since the filing of the
Notification of Compliance Status or the
last Compliance report, you must
submit a subsequent Compliance report
as specified in paragraphs (b)(3) and
(c)(3) of this section.’’ The crossreferences to paragraphs (b)(3) and (c)(3)
are incorrect. The correct crossreferences are paragraphs (b)(2) and
(c)(2). The direct final rule makes this
correction.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under the Executive
Order.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden. The final
amendments clarify, but do not add
requirements increasing the collection
burden. However, the Office of
Management and Budget (OMB) has
previously approved the information
collection requirements contained in the
existing regulations at 40 CFR part 63,
subpart EEEE under the provisions of
the Paperwork Reduction Act, 44 U.S.C.
3501, et seq., and has assigned OMB
control number 2060–0539. The OMB
control numbers for EPA’s regulations
in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
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a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the Agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of today’s final rule amendments on
small entities, a small entity is defined
as: (1) A small business as defined by
the Small Business Administration’s
(SBA) regulations at 13 CFR 121.201; (2)
a small governmental jurisdiction that is
a government of a city, county, town,
school district or special district with a
population of less than 50,000; or (3) a
small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
The final rule amendments will not
impose any new requirements on small
entities, and, therefore, will have no
significant adverse economic impact on
subject small entities. The
Administrator certifies that this action
will not have a significant economic
impact on a substantial number of small
entities.
D. Unfunded Mandates Reform Act
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 to State, local,
and tribal governments, in the aggregate,
or to 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 us to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective, 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 us 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 we establish
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any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, we 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.
EPA has determined that these final
rule amendments do not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and tribal governments,
in the aggregate, or the private sector in
any one year. These final rule
amendments clarify certain provisions
and correct typographical errors in the
rule text for a rule EPA determined not
to include a Federal mandate that may
result in an estimated cost of $100
million or more (69 FR 5061, February
3, 2004). These clarifications do not
change the level or cost of the standard,
except, in some cases, reduce the cost of
testing for combustion control devices at
some facilities using that option. Thus,
these final rule amendments are not
subject to the requirements of section
202 and 205 of the UMRA. EPA has
determined that these final rule
amendments contain no regulatory
requirements that might significantly or
uniquely affect small governments.
These final rule amendments clarify
certain provisions and correct
typographical errors in the rule text,
thus, should not affect small
governments.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) requires EPA to develop an
accountable process to 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 final 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
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21829
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. They provide
clarification and correct typographical
errors. These changes do not modify
existing or create new responsibilities
among EPA Regional Offices, States, or
local enforcement agencies. Thus,
Executive Order 13132 does not apply
to these final rule amendments.
F. 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 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ These final rule
amendments do not have tribal
implications, as specified in Executive
Order 13175. They will not have
substantial direct effects on tribal
governments, 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.
Thus, Executive Order 13175 does not
apply to these final rule amendments.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying to those regulatory actions that
concern health or safety risks, such that
the analysis required under section 5–
501 of the Executive Order has the
potential to influence the regulation.
This action is not subject to Executive
Order 13045 because it is based solely
on technology performance.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
These final rule amendments are not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because they are not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No.
104–113, 12(d) (15 U.S.C. 272 note)
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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations
directs EPA to use voluntary consensus
standards (VCS) in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. VCS are
technical standards (e.g., materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted by VCS
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable VCS.
This action does not involve technical
standards. Therefore, EPA did not
consider the use of any VCS.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that these final
rule amendments will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. These final rule
amendments do not relax the control
measures on sources regulated by the
rule and, therefore, will not cause
emissions increases from these sources.
K. Congressional Review Act
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
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 the final rule
amendments 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 final rule
amendments in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
These final rule amendments will be
effective on July 22, 2008.
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 16, 2008.
Stephen L. Johnson,
Administrator.
For the reasons set out in the
preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is
amended as follows:
I
PART 63—[AMENDED]
1. The authority citation for part 63
continues to read as follows:
I
Authority: 42 U.S.C. 7401, et seq.
Subpart EEEE—[Amended]
2. Section 63.2343 is amended by
revising paragraph (d) introductory text
to read as follows:
I
§ 63.2343 What are my requirements for
emission sources not requiring control?
*
*
*
*
*
(d) If one or more of the events
identified in paragraphs (d)(1) through
(4) of this section occur since the filing
of the Notification of Compliance Status
or the last Compliance report, you must
submit a subsequent Compliance report
as specified in paragraphs (b)(2) and
(c)(2) of this section.
*
*
*
*
*
I 3. Section 63.2346 is amended by
revising paragraph (f) to read as follows:
§ 63.2346 What emission limitations,
operating limits, and work practice
standards must I meet?
*
*
*
*
*
(f) For noncombustion devices, if you
elect to demonstrate compliance with a
percent reduction requirement in Table
2 to this subpart using total organic
compounds (TOC) rather than organic
HAP, you must first demonstrate,
subject to the approval of the
Administrator, that TOC is an
appropriate surrogate for organic HAP
in your case; that is, for your storage
tank(s) and/or transfer rack(s), the
percent destruction of organic HAP is
equal to or higher than the percent
destruction of TOC. This demonstration
must be conducted prior to or during
the initial compliance test.
*
*
*
*
*
4. Section 63.2358 is amended by
revising paragraphs (b)(1) and (c)(1) to
read as follows:
I
§ 63.2358 By what date must I conduct
performance tests and other initial
compliance demonstrations?
*
*
*
*
*
(b)(1) For storage tanks and transfer
racks at existing affected sources
complying with the emission limitations
listed in Table 2 to this subpart or with
the work practice standards in items 1.b
or 1.c in Table 4 to this subpart, you
must demonstrate initial compliance
with the emission limitations the next
time the storage tank is emptied and
degassed, but not later than April 25,
2011.
*
*
*
*
*
(c)(1) For storage tanks at existing
affected sources complying with the
work practice standard in item 1.a in
Table 4 to this subpart, you must
conduct your initial compliance
demonstration the next time the storage
tank is emptied and degassed, but not
later than February 3, 2014.
*
*
*
*
*
5. Table 2 to Subpart EEEE of Part 63
is amended by revising entry 9. to read
as follows:
*
*
*
*
*
I
TABLE 2 TO SUBPART EEEE OF PART 63.—EMISSION LIMITS
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If you own or operate . . .
And if . . .
Then you must . . .
*
*
9. A transfer rack at a new facility where the
total actual annual facility-level organic liquid
loading volume through transfer racks is
less than 800,000 gallons.
*
*
*
a. The total Table 1 organic HAP content of
the organic liquid being loaded through one
or more of the transfer rack’s arms is at
least 25 percent by weight and is being
loaded into a transport vehicle.
*
*
i. See the requirements in items 7.a.i and 7.a.ii
of this table.
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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations
TABLE 2 TO SUBPART EEEE OF PART 63.—EMISSION LIMITS—Continued
If you own or operate . . .
*
Then you must . . .
b. One or more of the transfer rack’s arms is
filling a container with a capacity equal to or
greater than 55 gallons.
*
And if . . .
i. For all such loading arms at the rack during
the loading of organic liquids, comply with
the provisions of §§ 63.924 through 63.927
of 40 CFR part 63, Subpart PP—National
Emission Standards for Containers, Container Level 3 controls; OR
ii. During the loading of organic liquids, comply
with the work practice standards specified in
item 3.a of Table 4 to this subpart.
*
*
*
*
*
6. Table 5 to Subpart EEEE of Part 63
is amended by revising entry 1. to read
as follows:
*
*
*
*
*
I
TABLE 5 TO SUBPART EEEE OF PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS AND DESIGN EVALUATIONS
For . . .
You must
conduct . . .
According to . . .
Using . . .
To determine . . .
1. Each existing, each
reconstructed, and
each new affected
source using a
nonflare control device to comply with
an emission limit in
Table 2 to this subpart, items 1 through
10.
a. A performance test
to determine the organic HAP (or,
upon approval,
TOC) control efficiency of each
nonflare control device, OR the exhaust concentration
of each combustion
device; OR.
i. § 63.985(b)(1)(ii),
§ 63.988(b),
§ 63.990(b), or
§ 63.995(b).
(1) EPA Method 1 or
1A in appendix A–1
of 40 CFR part 60,
as appropriate.
(A) Sampling port locations and the required number of
traverse points.
(2) EPA Method 2,
2A, 2C, 2D, or 2F
in appendix A–1 of
40 CFR part 60, or
EPA Method 2G in
appendix A–2 of 40
CFR part 60, as
appropriate.
(3) EPA Method 3 or
3B in appendix A–2
of 40 CFR part 60,
as appropriate.
(A) Stack gas velocity
and volumetric flow
rate.
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(4) EPA Method 4 in
appendix A–3 of 40
CFR part 60.
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(A) Concentration of
CO2 and O2 and
dry molecular
weight of the stack
gas.
(A) Moisture content
of the stack gas.
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23APR1
According to the following
requirements . . .
(i) Sampling sites
must be located at
the inlet and outlet
of each control device if complying
with the control efficiency requirement
or at the outlet of
the control device if
complying with the
exhaust concentration requirement;
AND
(ii) the outlet sampling site must be
located at each
control device prior
to any releases to
the atmosphere.
See the requirements
in items
1.a.i.(1)(A)(i) and
(ii) of this table.
See the requirements
in items
1.a.i.(1)(A)(i) and
(ii) of this table.
See the requirements
in items
1.a.i.(1)(A)(i) and
(ii) of this table.
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TABLE 5 TO SUBPART EEEE OF PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS AND DESIGN EVALUATIONS—
Continued
You must
conduct . . .
For . . .
According to . . .
*
*
§ 63.985(b)(1)(i) ........
*
To determine . . .
(5) EPA Method 18 in
appendix A–6 of 40
CFR part 60, or
EPA Method 25 or
25A in appendix A–
7 of 40 CFR part
60, as appropriate,
or EPA Method 316
in appendix A of 40
CFR part 63 for
measuring formaldehyde.
b. A design evaluation (for nonflare
control devices) to
determine the organic HAP (or,
upon approval,
TOC) control efficiency of each
nonflare control device, or the exhaust
concentration of
each combustion
control device.
Using . . .
(A) Total organic HAP
(or, upon approval,
TOC), or formaldehyde emissions.
...................................
...................................
*
*
*
7. Table 6 to Subpart EEEE of Part 63
is amended by revising entry 1. to read
as follows:
*
*
*
*
*
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I
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According to the following
requirements . . .
(i) The organic HAP
used for the calibration gas for EPA
Method 25A in appendix A–7 of 40
CFR part 60 must
be the single organic HAP representing the largest percent by volume of emissions;
AND
(ii) During the performance test, you
must establish the
operating parameter limits within
which total organic
HAP (or, upon approval, TOC) emissions are reduced
by the required
weight-percent or,
as an option for
nonflare combustion devices, to 20
ppmv exhaust concentration.
During a design evaluation, you must
establish the operating parameter
limits within which
total organic HAP,
(or, upon approval,
TOC) emissions
are reduced by at
least 95 weight-percent for storage
tanks or 98 weightpercent for transfer
racks, or, as an option for nonflare
combustion devices, to 20 ppmv
exhaust concentration
*
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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations
TABLE 6 TO SUBPART EEEE OF PART 63.—INITIAL COMPLIANCE WITH EMISSION LIMITS
For each . . .
For the following emission limit . . .
You have demonstrated initial compliance if
. . .
1. Storage tank at an existing, reconstructed,
or new affected source meeting any set of
tank capacity and liquid organic HAP vapor
pressure criteria specified in Table 2 to this
subpart, items 1 through 6.
Reduce total organic HAP (or, upon approval,
TOC) emissions by at least 95 weight-percent, or as an option for nonflare combustion devices to an exhaust concentration of
≤20 ppmv.
Total organic HAP (or, upon approval, TOC)
emissions, based on the results of the performance testing or design evaluation specified in Table 5 to this subpart, item 1.a or
1.b, respectively, are reduced by at least 95
weight-percent or as an option for nonflare
combustion devices to an exhaust concentration ≤20 ppmv.
*
*
*
*
*
*
*
8. Table 7 to Subpart EEEE of Part 63
is amended by revising entries 1. and 2.
to read as follows:
I
TABLE 7 TO SUBPART EEEE OF PART 63.—INITIAL COMPLIANCE WITH WORK PRACTICE STANDARDS
For each . . .
If you . . .
You have demonstrated initial compliance if
. . .
1. Storage tank at an existing affected source
meeting either set of tank capacity and liquid organic HAP vapor pressure criteria
specified in Table 2 to this subpart, items 1
or 2.
a. Install a floating roof or equivalent control
that meets the requirements in Table 4 to
this subpart, item 1.a.
i. After emptying and degassing, you visually
inspect each internal floating roof before the
refilling of the storage tank and perform seal
gap inspections of the primary and secondary rim seals of each external floating
roof within 90 days after the refilling of the
storage tank.
i. You meet the requirements in § 63.984(b)
and submit the statement of connection required by § 63.984(c).
i.
You
meet
the
requirements
in
§ 63.2346(a)(4).
b. Route emissions to a fuel gas system or
back to a process.
2. Storage tank at a reconstructed or new affected source meeting any set of tank capacity and liquid organic HAP vapor pressure criteria specified in Table 2 to this subpart, items 3 through 5.
c. Install and, during the filling of the storage
tank with organic liquids, operate a vapor
balancing system.
a. Install a floating roof or equivalent control
that meets the requirements in Table 4 to
this subpart, item 1.a.
b. Route emissions to a fuel gas system or
back to a process.
c. Install and, during the filling of the storage
tank with organic liquids, operate a vapor
balancing system.
*
*
*
*
i. You visually inspect each internal floating
roof before the initial filling of the storage
tank, and perform seal gap inspections of
the primary and secondary rim seals of
each external floating roof within 90 days
after the initial filling of the storage tank.
i. See item 1.b.i of this table.
i. See item 1.c.i of this table.
*
*
*
9. Table 10 to Subpart EEEE of Part 63
is amended by revising entries 4. and 6.
to read as follows:
*
*
*
*
*
I
TABLE 10 TO SUBPART EEEE OF PART 63.—CONTINUOUS COMPLIANCE WITH WORK PRACTICE STANDARDS
mstockstill on PROD1PC66 with RULES
For each . . .
For the following
standard . . .
You must demonstrate continuous compliance
by . . .
*
*
4. Transfer rack that is subject to control
based on the criteria specified in Table 2 to
this subpart, items 7 through 10, at an existing, reconstructed, or new affected source.
*
*
*
a. Ensure that organic liquids are loaded into
transport vehicles in accordance with the requirements in Table 4 to this subpart, items
5 or 6, as applicable.
*
*
i. Ensuring that organic liquids are loaded into
transport vehicles in accordance with the requirements in Table 4 to this subpart, items
5 or 6, as applicable.
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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations
TABLE 10 TO SUBPART EEEE OF PART 63.—CONTINUOUS COMPLIANCE WITH WORK PRACTICE STANDARDS—Continued
For the following
standard . . .
You must demonstrate continuous compliance
by . . .
b. Install and, during the loading of organic liquids, operate a vapor balancing system.
c. Route emissions to a fuel gas system or
back to a process.
i. Except for pressure relief devices, monitoring each potential source of vapor leakage in the system, including, but not limited
to pumps, valves, and sampling connections, quarterly during the loading of a transport vehicle or the filling of a container using
the methods and procedures described in
the rule requirements selected for the work
practice standard for equipment leak components as specified in Table 4 to this subpart, item 4. An instrument reading of 500
ppmv defines a leak. Repair of leaks is performed according to the repair requirements
specified in your selected equipment leak
standards. For pressure relief devices, comply with § 63.2346(a)(4)(v). If no loading of a
transport vehicle or filling of a container occurs during a quarter, then monitoring of the
vapor balancing system is not required.
i. Continuing to meet the requirements specified in § 63.984(b).
*
*
*
a. Route emissions to a fuel gas system or
back to the process.
*
*
i. Continuing to meet the requirements specified in § 63.984(b).
b. Install and, during the filling of the storage
tank with organic liquids, operate a vapor
balancing system.
i. Except for pressure relief devices, monitoring each potential source of vapor leakage in the system, including, but not limited
to pumps, valves, and sampling connections, quarterly during the loading of a storage tank using the methods and procedures
described in the rule requirements selected
for the work practice standard for equipment
leak components as specified in Table 4 to
this subpart, item 4. An instrument reading
of 500 ppmv defines a leak. Repair of leaks
is performed according to the repair requirements specified in your selected equipment
leak standards. For pressure relief devices,
comply with § 63.2346(a)(4)(v). If no loading
of a transport vehicle or filling of a container
occurs during a quarter, then monitoring of
the vapor balancing system is not required.
BILLING CODE 6560–50–P
Research Project Number 4 (IR-4)
requested this tolerance under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
ENVIRONMENTAL PROTECTION
AGENCY
DATES:
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
For each . . .
*
*
6. Storage tank at an existing, reconstructed,
or new affected source meeting any of the
tank capacity and vapor pressure criteria
specified in Table 2 to this subpart, items 1
through 6.
[FR Doc. E8–8810 Filed 4–22–08; 8:45 am]
This regulation is effective April
23, 2008. Objections and requests for
hearings must be received on or before
June 23, 2008, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
40 CFR Part 180
[EPA–HQ–OPP–2007-0872; FRL–8360–4]
Cyazofamid; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: This regulation establishes a
tolerance for combined residues of
cyazofamid and its metabloite CCIM in
or on carrot, roots. Interregional
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EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–0872. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
ADDRESSES:
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]]>Agencies
[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Rules and Regulations]
[Pages 21825-21834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8810]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2003-0138, FRL-8557-1]
RIN 2060-AO99
National Emission Standards for Hazardous Air Pollutants: Organic
Liquids Distribution (Non-Gasoline)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on the national emission
standards for hazardous air pollutants for organic liquids distribution
(non-gasoline), which EPA promulgated on February 3, 2004, and amended
on July 28, 2006. In this action, EPA is clarifying combustion control
device compliance requirements, certain storage tank control compliance
dates, and vapor balance system monitoring requirements. In addition,
EPA is correcting typographical errors found in the July 28, 2006,
final rule amendments.
DATES: This direct final rule is effective on July 22, 2008, without
further notice, unless EPA receives adverse comment by June 9, 2008. If
we receive adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that this rule, or the relevant
section of this rule, will not take effect.
Public Hearing: If anyone contacts EPA requesting to speak at a
public hearing concerning this rulemaking by May 5, 2008, we will hold
a public hearing on May 8, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0138, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-Docket@epa.gov.
Fax: (202) 566-9744.
Mail: Air and Radiation Docket, Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of two copies.
Hand Delivery: In person or by courier, deliver your
comments to: Air and Radiation Docket, Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. Please include a total of two copies. We request
that a separate copy also be sent to the contact persons listed below
(see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0138. 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 e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail 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, 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 EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, 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 EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the docket are listed either in the http:/
/www.regulations.gov index or in the legacy docket, Docket No. A-98-13.
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
https://www.regulations.gov or in hard copy at the Air and Radiation
Docket, EPA 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, and the telephone
number for the Air and Radiation Docket is (202) 566-1742.
Public Hearing: If you are interested in attending the public
hearing, contact Ms. Janet Eck at (919) 541-7946 to verify that a
hearing will be held. If a public hearing is held, it will be held at
10 a.m. at EPA's Campus located at 109 T.W. Alexander Drive in Research
Triangle Park, NC, or an alternate site nearby. If no one contacts EPA
requesting to speak at a public hearing concerning this rule by May 5,
2008 this hearing will be cancelled without further notice.
For Further Information Contact: General and Technical Information: Mr.
Stephen Shedd, Office of Air Quality Planning and Standards, Sector
Policies and Programs Division, Coatings and Chemicals Group (E143-01),
EPA, Research Triangle Park, NC 27711, telephone: (919) 541-5397,
facsimile number: (919) 685-3195, e-mail address: shedd.steve@epa.gov.
Compliance Information: Ms. Marcia Mia, Office of Compliance, Air
Compliance Branch (2223A), EPA, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, telephone: (202) 564-7042, facsimile
number: (202) 564-0050, e-mail address: mia.marcia@epa.gov.
SUPPLEMENTARY INFORMATION:
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial action and anticipate no adverse comment
because the changes being implemented clarify the application of the
rule, make the rule consistent with other regulations with no loss in
its effectiveness in achieving emission reductions, and correct
typographical and format errors. However, in the Proposed Rules section
of this Federal Register, we are publishing a separate document that
will serve as the proposed rule for these revisions if adverse comments
are received on this direct final rule. If we receive adverse comment
on a distinct section of this rule, we will publish a timely withdrawal
in the Federal Register informing the public that some or all of the
amendments in this rule will not take effect. The provisions that are
not withdrawn will become effective on the date set out above,
notwithstanding adverse comment on
[[Page 21826]]
any other provision, unless we determine that it would not be
appropriate to promulgate those provisions due to their being affected
by the provisions for which we receive any adverse comments. We will
address all public comments in a subsequent final rule based on the
proposed 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.
Submitting CBI.
Do not submit this information to EPA through https://
www.regulations.gov or e-mail. 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 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 comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Categories and entities
potentially regulated by this action include:
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Category NAICS* code Examples of regulated entities
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Industry............................. 325211, 325192, 325188, Operations at major sources that transfer
32411, 49311, 49319, organic liquids into or out of the plant site,
48611, 42269, 42271. including: liquid storage terminals, crude oil
pipeline stations, petroleum refineries,
chemical manufacturing facilities, and other
manufacturing facilities with collocated OLD
operations.
Federal Government................... Federal agency facilities that operate any of
the types of entities listed under the
``industry'' category in this table.
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*North American Industry Classification System/Considered to be the primary industrial codes for the plant sites
with OLD operations.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
final rule. To determine whether your facility is regulated by this
action, you should examine the applicability criteria in 40 CFR part
63, subpart EEEE. If you have any questions regarding the applicability
of this final rule to a particular entity, consult either the air
permit authority for the entity or your EPA regional representative as
listed in 40 CFR 63.13.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this final rule is also available on the WWW
through the Technology Transfer Network (TTN). Following signature, a
copy of this final rule will be posted on the TTN's policy and guidance
page for newly proposed or promulgated rules at the following address:
https://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.
Outline: The information presented in this preamble is organized as
follows:
I. Background
II. Summary of These Final Rule Amendments
III. Rationale for These Final Rule Amendments
A. Use of TOC as a Surrogate for HAP When Demonstrating
Compliance with Percent Emission Reduction
B. Compliance Date and Initial Demonstration of Compliance for
Storage Tanks Using Vapor Balancing or Routing Emissions Back to a
Process or a Fuel Gas System
C. Monitoring of Vapor Balancing System Components With the
Potential To Leak
D. Format, Grammatical, and Typographical Errors
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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
I. Background
On February 3, 2004 (69 FR 5063), EPA promulgated the National
Emission Standards for Hazardous Air Pollutants: Organic Liquids
Distribution (Non-Gasoline) (OLD NESHAP) (40 CFR part 63, subpart EEEE)
pursuant to section 112 of the Clean Air Act (CAA). In response to
several petitions for administrative reconsideration of the OLD NESHAP
and several petitions for judicial review filed with the United States
Court of Appeals for the District of Columbia Circuit, and pursuant to
a settlement agreement between some of the parties to the litigation,
EPA proposed amendments to subpart EEEE on November 14, 2005 (70 CFR
69210). EPA received comments from four entities. On July 28, 2006 (71
FR 42898), EPA promulgated amendments to subpart EEEE based on
consideration of the comments received on the proposed amendments.
II. Summary of These Final Rule Amendments
Under these final rule amendments, the following changes or
clarifications are being promulgated.
Removing the requirement that owners and operators must
obtain prior approval from the Administrator to use total organic
compounds (TOC) as a surrogate for hazardous air pollutants (HAP) when
demonstrating compliance with the percent emission reduction
requirements for combustion devices.
Clarifying that demonstration of initial compliance for
storage tanks that elect to comply with either the vapor balancing work
practice requirement or the routing of emissions to a fuel gas system
or back to a process work practice requirement must be made by April
25, 2011, and not 10 years after February 3, 2004. We retain the
requirement that compliance must occur prior to the specified date or
the first degassing, whichever occur earlier.
Clarifying that the continuous compliance requirements for
the
[[Page 21827]]
monitoring of a transfer rack system using vapor balancing is for all
points in the system that may leak and that monitoring is not required
in any quarter in which loading does not occur.
These final rule amendments also correct several format,
grammatical, and typographical errors which occur in Table 2 (item
9.b.ii), Table 5 (item 1.b), Table 6 (item 1), Table 7 (item 1.a.i,
item 1.c.i, and item 2.a.i), and Sec. 63.2343(d).
III. Rationale for These Final Rule Amendments
A. Use of TOC as a Surrogate for HAP When Demonstrating Compliance With
Percent Emission Reduction
Section 63.2354(b) of the NESHAP specifies that you must comply
with various requirements of 40 CFR part 63, subpart SS for performance
testing provisions, including Sec. 63.997(e). Additionally, Sec.
63.2346(f) specifies that if you elect to demonstrate compliance with
the percent reduction requirements using TOC rather than organic HAP,
you must first demonstrate, subject to approval of the Administrator,
that TOC is an appropriate surrogate for organic HAP. This requirement
was intended to address circumstances under which a device such as a
condenser could achieve substantively different results from one
compound to another. Under these conditions, an inlet and outlet
percent control determination for TOC might not be equivalent to a
similar determination for each or total HAP. Since promulgation, we
have received questions on whether the requirement to first demonstrate
that TOC is an appropriate surrogate for organic HAP is necessary for a
combustion device. When organic compounds are controlled by combustion
processes, the organic compounds emitted at the outlet of the device
are not the same as those entering the inlet to the device and are
typically unknown. Further, unlike non-combustion devices, combustion
devices achieve a greater uniformity of destruction across all organic
HAP compounds. Therefore, we have determined that the requirement to
first demonstrate that TOC is an appropriate surrogate for organic HAP
is unwarranted for combustion devices and have modified paragraph (f)
of 40 CFR 63.2346 to make this requirement applicable only to non-
combustion devices.
B. Compliance Date and Initial Demonstration of Compliance for Storage
Tanks Using Vapor Balancing or Routing Emissions Back to a Process or a
Fuel Gas System
Section 63.2342 identifies when an owner or operator must comply
with the requirements of subpart EEEEE, while Sec. 63.2358 identifies
the dates by which an owner or operator must demonstrate initial
compliance. As discussed below, there is an inconsistency in these two
sections of the rule as they apply to storage tanks for which vapor
balancing or routing of emissions to a fuel gas system or back to a
process are used to comply with the rule.
Paragraph (b)(1) of Sec. 63.2342 states that owners or operators
of existing affected sources must be in compliance with the emission
limitations, operating limits, and work practice standards for existing
sources by February 5, 2007, except as specified in Sec.
63.2342(b)(2). Paragraph (b)(2) states that ``floating roof tanks at
existing affected sources must be in compliance with the work practice
standards in Table 4 to this subpart, item 1, at all times after the
next degassing and cleaning activity or within 10 years after February
3, 2004, whichever occurs first. If the first degassing and cleaning
activity occurs during the 3 years following February 3, 2004, the
compliance date is February 5, 2007.''
With regards to demonstrating initial compliance, paragraph (c)(1)
of Sec. 63.2358 states that ``for storage tanks at existing affected
sources complying with the work practice standard in Table 4 to this
subpart, you must conduct your initial compliance demonstration the
next time the storage tank is emptied and degassed, but not later than
10 years after February 3, 2004.'' The work practice standards in Table
4 for storage tanks at existing facilities are:
Comply with the requirements of 40 CFR part 63, subpart WW
(control level 2), which addressed the use of floating roofs;
Comply with the requirements of Sec. 63.984 for routing
emissions to a fuel gas system or back to a process; and
Comply with the requirements of Sec. 63.2346(a)(4) for
vapor balancing emissions to the transport vehicle from which the
storage tank is filled.
As stated in the July 28, 2006, Federal Register in response to a
public comment (71 FR 42899), the technical basis for allowing
demonstration of initial compliance up to 10 years after February 3,
2004, applies only to storage tanks with floating roofs and not to
storage tanks with fixed roofs. EPA, in both the February 3, 2004
rulemaking promulgating 40 CFR part 63, subpart EEEE, and in the July
28, 2006 rulemaking promulgating amendments to 40 CFR part 63, subpart
EEEE, inadvertently failed to revise Sec. 63.2358 to reflect its
intent to apply the ``up to 10 years'' compliance provision to only the
``floating roof'' work practice standard.
As the current regulation stands, owners and operators seeking to
comply with the work practice standards for storage tanks would have
``up to 10 years'' to demonstrate initial compliance if they elect to
comply by routing the emissions to a fuel gas system or back to a
process or by using a vapor balancing system. This was never EPA's
intent for these two types of work practice standards. EPA points out
that these same types of work practice standards are allowed for
transfer racks, and the rule is unambiguous that demonstration of
initial compliance is required within 180 days after the compliance
date of February 3, 2007.
To correct this oversight, EPA is clarifying that the ``up to 10-
year'' demonstration of initial compliance date applies only when a
floating roof is used to comply with 40 CFR part 63, subpart EEEE, and
inserting the actual date ``February 3, 2014'' into the rule text. In
addition, the intended compliance date has past (180 days after the
compliance date of February 3, 2007) to demonstrate initial compliance
if they elect to route storage tank emissions to a fuel system or back
to a process or to use vapor balancing. Because facilities will need
time to plan and install equipment and affected sources had up to 3
years to comply with the original rule, we are specifying the
compliance date for routing storage tank emissions to a fuel gas system
or back to a process or to use vapor balancing to be 3 years from this
notice. However, we retain and still require compliance by ``the next
time the storage tank is emptied and degassed, but not later than'' 3
years from this notice.
C. Monitoring of Vapor Balancing System Components With the Potential
To Leak
Table 10 to 40 CFR part 63, subpart EEEE addresses continuous
compliance requirements, in part, for vapor balancing systems when used
for transfer racks and storage tanks. EPA has received a question
concerning the relationship between the continuous compliance
requirements for vapor balancing systems and those for equipment leak
components.
[[Page 21828]]
For vapor balancing systems, there are two places in 40 CFR part
63, subpart EEEE that identify compliance requirements--Table 10 and
Sec. 63.2346(a)(4)(v). As found in item 4.b.i to Table 10, the
continuous compliance requirement for a transfer rack using a vapor
balancing system reads:
``Monitoring each potential source of vapor leakage in the system
quarterly during the loading of a transport vehicle or the filling of a
container using the methods and procedures described in the rule
requirements selected for the work practice standard for equipment leak
components as specified in Table 4 to subpart EEEE, item 4. An
instrument reading of 500 ppmv defines a leak. Repair of leaks is
performed according to the repair requirements specified in your
selected equipment leak standards.''
Paragraph (a)(4)(v) of Sec. 63.2346 identifies leak detection and
repair (LDAR) requirements for pressure relief devices used in vapor
balancing systems. The current rule language is, at best, ambiguous as
to the relationship of this paragraph and the language in Table 10.
For equipment leak components, which are defined in 40 CFR part 63,
subpart EEEE as pumps, valves, and sampling connections, the owner or
operator selects one of three 40 CFR part 63 subparts, as specified in
item 4 of Table 4. These three subparts identify LDAR provisions that
are to be applied to pumps, valves, and sampling connections.
To clarify the intended relationship between these various
provisions, the phrase ``each potential source of vapor leakage'' is
intended to apply to any and all equipment in the vapor balancing
system that may leak, including, but not limited to pumps, valves, and
sampling connections. For all such equipment, the owner or operator is
to apply the applicable provisions found in the equipment leak standard
selected by the owner or operator to comply with the equipment leak
components. This could mean that an owner or operator may be applying
LDAR requirements found in the selected 40 CFR part 63 subpart for
components other than a pump, valve, or sampling connection. If the
vapor balancing system has a pressure relief valve, however, the owner
or operator would comply with the LDAR provisions for pressure relief
valves found in Sec. 63.2346(a)(4)(v). For equipment leak components
(as defined in 40 CFR part 63, subpart EEEE) that are not part of a
vapor balancing system, continuous compliance is demonstrated as
specified in item 5 to Table 10.
To clarify these relationships, EPA is revising item 4.b.i in Table
10 or 40 CFR part 63, subpart EEEE to read as follows:
``Except for pressure relief devices, monitoring each potential
source of vapor leakage in the system, including, but not limited to
pumps, valves, and sampling connections, quarterly during the loading
of a transport vehicle or the filling of a container using the methods
and procedures described in the rule requirements selected for the work
practice standard for equipment leak components as specified in Table 4
to this subpart, item 4. An instrument reading of 500 ppmv defines a
leak. Repair of leaks is performed according to the repair requirements
specified in your selected equipment leak standards. For pressure
relief devices, comply with Sec. 63.2346(a)(4)(v). If no loading of a
transport vehicle or filling of a container occurs during a quarter,
then monitoring of the vapor balancing system is not required.''
Finally, item 6.b.i to Table 10 of 40 CFR part 63, subpart EEEE
addresses the same vapor balancing system monitoring requirements, but
for storage tanks. EPA is making the same changes as in item 4.b.i to
Table 10. EPA is also making one additional change. As the rule
currently reads, item 6.b.i refers to ``monitoring each potential
source of vapor leakage in the system quarterly during the loading of a
transport vehicle or the filling of a container.'' This item should be
referring to the loading of a storage tank and not the loading of a
transport vehicle or the filling or a container. Therefore, EPA is also
correcting this incorrect reference.
D. Format, Grammatical, and Typographical Errors
1. In Table 2, item 9.b.ii or 40 CFR part 63, subpart EEEE should
have been placed on a separate line rather than on the same line as the
end of item 9.b.i. For clarity, item 9.b.ii has been reformatted so
that it starts on its own line.
2. In Table 5 of 40 CFR part 63, subpart EEEE, the first two
columns associated with item b. were incorrectly placed under the
headings ``According to * * *'' and ``Using * * *''. They should have
been placed under the headings, respectively, ``You must conduct * *
*'' and ``According to * * *''.
3. In Table 6, item 1 of 40 CFR part 63, subpart EEEE, the first
column cross-references items 1 through 6 in Table 2. The sentence,
therefore, should refer to ``meeting any set of tank capacity and
liquid organic HAP vapor pressure criteria'' rather to ``meeting either
set.''
4. In Table 6 of 40 CFR part 63, subpart EEEE, the second column of
item 1 states, in part, ``or as an option for combustion devices to an
exhaust concentration of <=20 ppmv.'' The word ``nonflare'' was
inadvertently omitted from this sentence. This sentence is revised to
read, in part, ``or as an option for nonflare combustion devices to an
exhaust concentration of <=20 ppmv.'' This makes the sentence
consistent with the other items in Table 6.
5. In Table 7 of 40 CFR part 63, subpart EEEE, three typographical
errors are being corrected from the July 28, 2006, FR notice. In item
1.a.i, ``perform'' was misspelled as ``perofrm.''. In item 1.c.i, the
cross-reference was incorrectly identified as Sec. 3.2346(a)(4); the
correct cross-reference is Sec. 63.2346(a)(4). In item 2.a.i,
``primary'' was misspelled as ``priamry.''
6. Section 63.2343(d) currently reads: ``If one or more of the
events identified in paragraphs (d)(1) through (4) of this section
occur since the filing of the Notification of Compliance Status or the
last Compliance report, you must submit a subsequent Compliance report
as specified in paragraphs (b)(3) and (c)(3) of this section.'' The
cross-references to paragraphs (b)(3) and (c)(3) are incorrect. The
correct cross-references are paragraphs (b)(2) and (c)(2). The direct
final rule makes this correction.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
The final amendments clarify, but do not add requirements increasing
the collection burden. However, the Office of Management and Budget
(OMB) has previously approved the information collection requirements
contained in the existing regulations at 40 CFR part 63, subpart EEEE
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et
seq., and has assigned OMB control number 2060-0539. The OMB control
numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare
[[Page 21829]]
a regulatory flexibility analysis of any rule subject to notice and
comment rulemaking requirements under the Administrative Procedure Act
or any other statute unless the Agency certifies that the rule will not
have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of today's final rule
amendments on small entities, a small entity is defined as: (1) A small
business as defined by the Small Business Administration's (SBA)
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; or (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
The final rule amendments will not impose any new requirements on
small entities, and, therefore, will have no significant adverse
economic impact on subject small entities. The Administrator certifies
that this action will not have a significant economic impact on a
substantial number of small entities.
D. Unfunded Mandates Reform Act
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 to State, local, and tribal governments, in
the aggregate, or to 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 us 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 us 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 we establish any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, we 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.
EPA has determined that these final rule amendments do not contain
a Federal mandate that may result in expenditures of $100 million or
more for State, local, and tribal governments, in the aggregate, or the
private sector in any one year. These final rule amendments clarify
certain provisions and correct typographical errors in the rule text
for a rule EPA determined not to include a Federal mandate that may
result in an estimated cost of $100 million or more (69 FR 5061,
February 3, 2004). These clarifications do not change the level or cost
of the standard, except, in some cases, reduce the cost of testing for
combustion control devices at some facilities using that option. Thus,
these final rule amendments are not subject to the requirements of
section 202 and 205 of the UMRA. EPA has determined that these final
rule amendments contain no regulatory requirements that might
significantly or uniquely affect small governments. These final rule
amendments clarify certain provisions and correct typographical errors
in the rule text, thus, should not affect small governments.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999) requires EPA to develop an accountable process to 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 final 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. They provide
clarification and correct typographical errors. These changes do not
modify existing or create new responsibilities among EPA Regional
Offices, States, or local enforcement agencies. Thus, Executive Order
13132 does not apply to these final rule amendments.
F. 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 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' These final rule amendments
do not have tribal implications, as specified in Executive Order 13175.
They will not have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not
apply to these final rule amendments.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it is based
solely on technology performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
These final rule amendments are not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001)
because they are not a significant regulatory action under Executive
Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note)
[[Page 21830]]
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable VCS.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that these final rule amendments will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. These final rule amendments do not relax the control
measures on sources regulated by the rule and, therefore, will not
cause emissions increases from these sources.
K. Congressional Review Act
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 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 the
final rule amendments 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
final rule amendments in the Federal Register. A major rule cannot take
effect until 60 days after it is published in the Federal Register.
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
These final rule amendments will be effective on July 22, 2008.
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 16, 2008.
Stephen L. Johnson,
Administrator.
0
For the reasons set out in the preamble, title 40, chapter I, part 63
of the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart EEEE--[Amended]
0
2. Section 63.2343 is amended by revising paragraph (d) introductory
text to read as follows:
Sec. 63.2343 What are my requirements for emission sources not
requiring control?
* * * * *
(d) If one or more of the events identified in paragraphs (d)(1)
through (4) of this section occur since the filing of the Notification
of Compliance Status or the last Compliance report, you must submit a
subsequent Compliance report as specified in paragraphs (b)(2) and
(c)(2) of this section.
* * * * *
0
3. Section 63.2346 is amended by revising paragraph (f) to read as
follows:
Sec. 63.2346 What emission limitations, operating limits, and work
practice standards must I meet?
* * * * *
(f) For noncombustion devices, if you elect to demonstrate
compliance with a percent reduction requirement in Table 2 to this
subpart using total organic compounds (TOC) rather than organic HAP,
you must first demonstrate, subject to the approval of the
Administrator, that TOC is an appropriate surrogate for organic HAP in
your case; that is, for your storage tank(s) and/or transfer rack(s),
the percent destruction of organic HAP is equal to or higher than the
percent destruction of TOC. This demonstration must be conducted prior
to or during the initial compliance test.
* * * * *
0
4. Section 63.2358 is amended by revising paragraphs (b)(1) and (c)(1)
to read as follows:
Sec. 63.2358 By what date must I conduct performance tests and other
initial compliance demonstrations?
* * * * *
(b)(1) For storage tanks and transfer racks at existing affected
sources complying with the emission limitations listed in Table 2 to
this subpart or with the work practice standards in items 1.b or 1.c in
Table 4 to this subpart, you must demonstrate initial compliance with
the emission limitations the next time the storage tank is emptied and
degassed, but not later than April 25, 2011.
* * * * *
(c)(1) For storage tanks at existing affected sources complying
with the work practice standard in item 1.a in Table 4 to this subpart,
you must conduct your initial compliance demonstration the next time
the storage tank is emptied and degassed, but not later than February
3, 2014.
* * * * *
0
5. Table 2 to Subpart EEEE of Part 63 is amended by revising entry 9.
to read as follows:
* * * * *
Table 2 to Subpart EEEE of Part 63.--Emission Limits
------------------------------------------------------------------------
If you own or operate . . . And if . . . Then you must . . .
------------------------------------------------------------------------
* * * * * * *
9. A transfer rack at a new a. The total Table 1 i. See the
facility where the total organic HAP content requirements in
actual annual facility- of the organic items 7.a.i and
level organic liquid liquid being loaded 7.a.ii of this
loading volume through through one or more table.
transfer racks is less than of the transfer
800,000 gallons. rack's arms is at
least 25 percent by
weight and is being
loaded into a
transport vehicle.
[[Page 21831]]
b. One or more of i. For all such
the transfer rack's loading arms at the
arms is filling a rack during the
container with a loading of organic
capacity equal to liquids, comply
or greater than 55 with the provisions
gallons. of Sec. Sec.
63.924 through
63.927 of 40 CFR
part 63, Subpart
PP--National
Emission Standards
for Containers,
Container Level 3
controls; OR
ii. During the
loading of organic
liquids, comply
with the work
practice standards
specified in item
3.a of Table 4 to
this subpart.
* * * * * * *
------------------------------------------------------------------------
0
6. Table 5 to Subpart EEEE of Part 63 is amended by revising entry 1.
to read as follows:
* * * * *
Table 5 to Subpart EEEE of Part 63.--Requirements for Performance Tests and Design Evaluations
--------------------------------------------------------------------------------------------------------------------------------------------------------
According to the
For . . . You must conduct . . . According to . . . Using . . . To determine . . . following
requirements . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Each existing, each a. A performance test i. Sec. (1) EPA Method 1 or (A) Sampling port (i) Sampling sites
reconstructed, and each new to determine the 63.985(b)(1)(ii), 1A in appendix A-1 locations and the must be located at
affected source using a nonflare organic HAP (or, upon Sec. 63.988(b), of 40 CFR part 60, required number of the inlet and outlet
control device to comply with an approval, TOC) Sec. 63.990(b), or as appropriate. traverse points. of each control
emission limit in Table 2 to this control efficiency of Sec. 63.995(b). device if complying
subpart, items 1 through 10. each nonflare control with the control
device, OR the efficiency
exhaust concentration requirement or at
of each combustion the outlet of the
device; OR. control device if
complying with the
exhaust
concentration
requirement; AND
(ii) the outlet
sampling site must
be located at each
control device prior
to any releases to
the atmosphere.
(2) EPA Method 2, 2A, (A) Stack gas See the requirements
2C, 2D, or 2F in velocity and in items
appendix A-1 of 40 volumetric flow rate. 1.a.i.(1)(A)(i) and
CFR part 60, or EPA (ii) of this table.
Method 2G in
appendix A-2 of 40
CFR part 60, as
appropriate.
(3) EPA Method 3 or (A) Concentration of See the requirements
3B in appendix A-2 CO2 and O2 and dry in items
of 40 CFR part 60, molecular weight of 1.a.i.(1)(A)(i) and
as appropriate. the stack gas. (ii) of this table.
(4) EPA Method 4 in (A) Moisture content See the requirements
appendix A-3 of 40 of the stack gas. in items
CFR part 60. 1.a.i.(1)(A)(i) and
(ii) of this table.
[[Page 21832]]
(5) EPA Method 18 in (A) Total organic HAP (i) The organic HAP
appendix A-6 of 40 (or, upon approval, used for the
CFR part 60, or EPA TOC), or calibration gas for
Method 25 or 25A in formaldehyde EPA Method 25A in
appendix A-7 of 40 emissions. appendix A-7 of 40
CFR part 60, as CFR part 60 must be
appropriate, or EPA the single organic
Method 316 in HAP representing the
appendix A of 40 CFR largest percent by
part 63 for volume of emissions;
measuring form- AND
aldehyde. (ii) During the
performance test,
you must establish
the operating
parameter limits
within which total
organic HAP (or,
upon approval, TOC)
emissions are
reduced by the
required weight-
percent or, as an
option for nonflare
combustion devices,
to 20 ppmv exhaust
concentration.
b. A design evaluation Sec. 63.985(b)(1)(i) ..................... ..................... During a design
(for nonflare control evaluation, you must
devices) to determine establish the
the organic HAP (or, operating parameter
upon approval, TOC) limits within which
control efficiency of total organic HAP,
each nonflare control (or, upon approval,
device, or the TOC) emissions are
exhaust concentration reduced by at least
of each combustion 95 weight-percent
control device. for storage tanks or
98 weight-percent
for transfer racks,
or, as an option for
nonflare combustion
devices, to 20 ppmv
exhaust
concentration
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
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7. Table 6 to Subpart EEEE of Part 63 is amended by revising entry 1.
to read as follows:
* * * * *
[[Page 21833]]
Table 6 to Subpart EEEE of Part 63.--Initial Compliance With Emission
Limits
------------------------------------------------------------------------
You have
For each . . . For the following demonstrated initial
emission limit . . . compliance if . . .
------------------------------------------------------------------------
1. Storage tank at an Reduce total organic Total organic HAP
existing, reconstructed, or HAP (or, upon (or, upon approval,
new affected source meeting approval, TOC) TOC) emissions,
any set of tank capacity emissions by at based on the
and liquid organic HAP least 95 weight- results of the
vapor pressure criteria percent, or as an performance testing
specified in Table 2 to option for nonflare or design
this subpart, items 1 combustion devices evaluation
through 6. to an exhaust specified in Table
concentration of 5 to this subpart,
<=20 ppmv. item 1.a or 1.b,
respectively, are
reduced by at least
95 weight-percent
or as an option for
nonflare combustion
devices to an
exhaust
concentration <=20
ppmv.
* * * * * * *
------------------------------------------------------------------------
0
8. Table 7 to Subpart EEEE of Part 63 is amended by revising entries 1.
and 2. to read as follows:
Table 7 to Subpart EEEE of Part 63.--Initial Compliance With Work
Practice Standards
------------------------------------------------------------------------
You have
For each . . . If you . . . demonstrated initial
compliance if . . .
------------------------------------------------------------------------
1. Storage tank at an a. Install a i. After emptying
existing affected source floating roof or and degassing, you
meeting either set of tank equivalent control visually inspect
capacity and liquid organic that meets the each internal
HAP vapor pressure criteria requirements in floating roof
specified in Table 2 to Table 4 to this before the
this subpart, items 1 or 2. subpart, item 1.a. refilling of the
storage tank and
perform seal gap
inspections of the
primary and
secondary rim seals
of each external
floating roof
within 90 days
after the refilling
of the storage
tank.
b. Route emissions i. You meet the
to a fuel gas requirements in
system or back to a Sec. 63.984(b)
process. and submit the
statement of
connection required
by Sec.
63.984(c).
c. Install and, i. You meet the
during the filling requirements in
of the storage tank Sec.
with organic 63.2346(a)(4).
liquids, operate a
vapor balancing
system.
2. Storage tank at a a. Install a i. You visually
reconstructed or new floating roof or inspect each
affected source meeting any equivalent control internal floating
set of tank capacity and that meets the roof before the
liquid organic HAP vapor requirements in initial filling of
pressure criteria specified Table 4 to this the storage tank,
in Table 2 to this subpart, subpart, item 1.a. and perform seal
items 3 through 5. gap inspections of
the primary and
secondary rim seals
of each external
floating roof
within 90 days
after the initial
filling of the
storage tank.
b. Route emissions i. See item 1.b.i of
to a fuel gas this table.
system or back to a
process.
c. Install and, i. See item 1.c.i of
during the filling this table.
of the storage tank
with organic
liquids, operate a
vapor balancing
system.
* * * * * * *
------------------------------------------------------------------------
0
9. Table 10 to Subpart EEEE of Part 63 is amended by revising entries
4. and 6. to read as follows:
* * * * *
Table 10 to Subp
