Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry; Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries, 31376-31380 [E8-11383]
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Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Rules and Regulations
§ 60.480 Applicability and designation of
affected facility.
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(f) Stay of standards. Owners or
operators are not required to comply
with the definition of ‘‘process unit’’ in
§ 60.481 and the requirements in §
60.482–1(g) of this subpart until the
EPA takes final action to require
compliance and publishes a document
in the Federal Register. While the
definition of ‘‘process unit’’ is stayed,
owners or operators should use the
following definition:
Process unit means components
assembled to produce, as intermediate
or final products, one or more of the
chemicals listed in § 60.489 of this part.
A process unit can operate
independently if supplied with
sufficient feed or raw materials and
sufficient storage facilities for the
product.
Process unit means components
assembled to produce, as intermediate
or final products, one or more of the
chemicals listed in § 60.489 of this part.
A process unit can operate
independently if supplied with
sufficient feed or raw materials and
sufficient storage facilities for the
product.
(ii) The method of allocation of shared
storage vessels in § 60.482–1a(g) of this
subpart.
(iii) The standards for connectors in
gas/vapor service and in light liquid
service in § 60.482–11a of this subpart.
§ 60.590a Applicability and designation of
affected facility.
6. In § 60.481a, the definitions of
‘‘capital expenditure’’ and ‘‘process
unit’’ are stayed from August 1, 2008
until further notice.
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(e) Stay of standards. Owners or
operators are not required to comply
with the definition of ‘‘process unit’’ in
§ 60.590 of this subpart until the EPA
takes final action to require compliance
and publishes a document in the
Federal Register. While the definition of
‘‘process unit’’ is stayed, owners or
operators should use the following
definition:
Process unit means components
assembled to produce intermediate or
final products from petroleum,
unfinished petroleum derivatives, or
other intermediates; a process unit can
operate independently if supplied with
sufficient feed or raw materials and
sufficient storage facilities for the
product.
§ 60.482–1a
§ 60.591a
§ 60.481a
[Amended]
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[Amended]
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[Amended]
■
3. In § 60.481, the definition for
‘‘process unit’’ is stayed from August 1,
2008 until further notice.
7. In § 60.482–1a, paragraph (g) is
stayed from August 1, 2008 until further
notice.
§ 60.482–11a
[FR Doc. E8–11400 Filed 5–30–08; 8:45 am]
§ 60.482–1
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BILLING CODE 6560–50–P
Subpart GGG—[Amended]
ENVIRONMENTAL PROTECTION
AGENCY
9. Section 60.590 is amended by
adding paragraph (e) to read as follows:
40 CFR Part 60
§ 60.481
[Amended]
■
■
[Amended]
4. In § 60.482–1, paragraph (g) is
stayed from August 1, 2008 until further
notice.
■
[Amended]
8. Section 60.482–11a is stayed from
August 1, 2008 until further notice.
■
Subpart VVa—[Amended]
■
5. Section 60.480a is amended by
adding paragraph (f) to read as follows:
§ 60.590 Applicability and designation of
affected facility.
§ 60.480a Applicability and designation of
affected facility.
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(f) Stay of standards. (1) Owners or
operators that start a new,
reconstructed, or modified affected
source prior to November 16, 2007 are
not required to comply with the
requirements in this paragraph until
EPA takes final action to require
compliance and publishes a document
in the Federal Register.
(i) The definition of ‘‘capital
expenditure’’ in § 60.481a of this
subpart. While the definition of ‘‘capital
expenditure’’ is stayed, owners or
operators should use the definition
found in § 60.481 of subpart VV of this
part.
(2) Owners or operators are not
required to comply with the
requirements in this paragraph until
EPA takes final action to require
compliance and publishes a document
in the Federal Register.
(i) The definition of ‘‘process unit’’ in
§ 60.481a of this subpart. While the
definition of ‘‘process unit’’ is stayed,
owners or operators should use the
following definition:
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10:44 Aug 13, 2008
Jkt 214001
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*
*
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(e) Stay of standards. Owners or
operators are not required to comply
with the definition of ‘‘process unit’’ in
§ 60.590 of this subpart until the EPA
takes final action to require compliance
and publishes a document in the
Federal Register. While the definition of
‘‘process unit’’ is stayed, owners or
operators should use the following
definition:
Process unit means components
assembled to produce intermediate or
final products from petroleum,
unfinished petroleum derivatives, or
other intermediates; a process unit can
operate independently if supplied with
sufficient feed or raw materials and
sufficient storage facilities for the
product.
§ 60.591
[Amended]
10. In § 60.591, the definition of
‘‘process unit’’ is stayed from August 1,
2008 until further notice.
■
Subpart GGGa—[Amended]
11. Section 60.590a is amended by
adding paragraph (e) to read as follows:
■
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12. In § 60.591a, the definition of
‘‘process unit’’ is stayed from August 1,
2008 until further notice.
[EPA–HQ–OAR–2006–0699; FRL–8569–1]
RIN 2060–AO90
Standards of Performance for
Equipment Leaks of VOC in the
Synthetic Organic Chemicals
Manufacturing Industry; Standards of
Performance for Equipment Leaks of
VOC in Petroleum Refineries
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Interim final rule; stay.
SUMMARY: EPA is making an interim
final determination to extend the stay of
certain requirements in the standards of
performance for equipment leaks of
VOC in the Synthetic Organic
Chemicals Manufacturing Industry
(SOCMI) and Petroleum Refineries.
DATES: This interim final determination
is effective on June 2, 2008 and will
expire on August 1, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2006–0699. All
documents in the docket are listed in
the Federal Docket Management System
index at www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., Confidential
Business Information (CBI) or other
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Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Rules and Regulations
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 either
electronically through
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
Category
NAICS code
Industry ............................................
1
1
27711; telephone number: (919) 541–
0634; fax number: (919) 541–0246; email address: rackley.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and
entities potentially regulated by this
action are synthetic organic chemicals
manufacturers and petroleum refineries.
The New Source Performance Standards
(NSPS) for equipment leaks of VOC in
SOCMI and petroleum refineries affect
the following categories of sources:
Examples of potentially regulated entities
324110 ...........................................
Primarily
325110,
325192,
325193, and 325199.
Petroleum refiners.
Synthetic organic chemical manufacturing industry (SOCMI) units,
e.g., producers of benzene, toluene, or any other chemical listed in
40 CFR 60.489.
North American Industrial Classification Code.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by the final amendments and
new standards for equipment leaks of
VOC in SOCMI and petroleum
refineries. To determine whether your
facility is regulated by this action, you
should examine the applicability
criteria in 40 CFR 60.480, 60.590,
60.480a, and 60.590a. If you have any
questions regarding the applicability of
the NSPS to a particular entity, contact
the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Worldwide Web (WWW). In addition
to being available in the docket, an
electronic copy of the final rule is
available on the WWW through the
Technology Transfer Network (TTN).
Following signature, EPA will post a
copy of the final rule on the TTN’s
policy and guidance page for newly
proposed or promulgated rules at https://
www.epa.gov/ttn/oarpg. The TTN
provides information and technology
exchange in various areas of air
pollution control.
Organization of This Document. The
following outline is provided to aid in
locating information in this preamble.
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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.
FOR FURTHER INFORMATION CONTACT: Ms.
Karen Rackley, Coatings and Chemicals
Group, Sector Policies and Programs
Division, Office of Air Quality Planning
and Standards (E143–01),
Environmental Protection Agency,
Research Triangle Park, North Carolina
31377
I. Background Information
II. What action is EPA taking?
III. 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
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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 Information
On November 16, 2007, EPA
promulgated amendments and
established new standards of
performance for equipment leaks of
VOC in the SOCMI and Petroleum
Refineries (72 FR 64860). Following the
promulgation of the final amendments
and new standards for these industries,
EPA received a petition for
reconsideration on January 15, 2008
from the American Chemistry Council
(ACC), the American Petroleum Institute
(API), and the National Petrochemical
and Refiners Association (NPRA)
(‘‘Petitioners’’). The petitioners,
pursuant to CAA section 307(d)(7)(B),
requested EPA reconsider four
provisions in the rules: (1) The
clarification of the definition of process
unit in subparts VV, VVa, GGG, and
GGGa; (2) the assigning of shared
storage tanks to specific process units in
subparts VV, VVa, GGG, and GGGa; (3)
the connecter monitoring requirements
in subpart VVa; and (4) the definition of
capital expenditure in subpart VVa. The
petitioners also requested that EPA stay
the effectiveness of these provisions of
the rule pending resolution of their
petition for reconsideration. The
petition can be found in the public
docket (EPA–HQ–OAR–2006–0699).
On March 4, 2008, EPA sent a letter
to the petitioners, through their counsel,
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informing them that EPA was granting
their request for reconsideration on
three of the issues listed above. We
indicated in the letter that no action was
being taken on the issue of the
clarification of the definition of process
unit at that time. Finally, the letter
indicated that EPA was granting a 90day stay of the provisions of the rules
under reconsideration (see CAA section
307(d)(7)(B)), as well as the clarification
of the definition of process unit, because
of its interaction with the new provision
regarding the allocation of shared
storage vessels. The letter from EPA to
the petitioners can be found in the
public docket (EPA–HQ–OAR–2006–
0699).
In the Final Rules section of today’s
Federal Register, we have published a
direct final rule extending the stay until
a final decision on the reconsideration
has been reached. In the Proposed Rules
section of today’s Federal Register, we
have also published a parallel proposal
extending the stay until a final decision
on the reconsideration has been
reached. Based on today’s direct final
and parallel proposal extending the
stay, we are taking this final action,
effective for 60 days, beginning on
publication, to prevent facilities from
being out of compliance with
provisions, at least some of which, we
anticipate modifying upon
reconsideration.
EPA is providing the public with an
opportunity to comment on the stay
extension in both the direct final rule
and parallel proposal. However, we are
not taking comment on this final action.
We believe it is appropriate to continue
the stay that is currently in place until
the direct final action becomes effective
to avoid a lapse in the stay and create
potential compliance problems with
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provisions that we believe may need to
be revised.
II. What action is EPA taking?
We are making an interim final
determination to extend the stay for 60
days based on our concurrent direct
final action and parallel proposal. EPA
has determined that a stay is necessary
for the provisions under
reconsideration. The 90-day stay that
began on March 4, 2008 expires on June
1, 2008. At that time, facilities will be
required to comply with the final rules
as published (72 FR 64860) unless an
extension is set in place. EPA is
invoking the good cause exception
under the Administrative Procedure Act
(APA) in not providing an opportunity
for comment before this action takes
effect (5 U.S.C. 553(b)(3)).
EPA believes that notice-andcomment rulemaking before the
effective date of this action is
impracticable and contrary to the public
interest. EPA has stated in our letter to
the Petitioners the reasons for granting
the 90-day stay. As these reasons remain
valid, we believe it is still appropriate
for the stay to be in effect until we have
reached a final decision on the
reconsideration. Because the initial stay
expires on June 1, 2008 and the direct
final action would not be effective until
60 days after publication, it is not in the
public’s best interest to require
compliance with the rules as published
during the gap between the two dates.
Therefore, EPA believes that it is
necessary to use the interim final
rulemaking process to extend the initial
stay while the public has an opportunity
to comment on the direct final action.
III. 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.
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B. Paperwork Reduction Act
This action does not impose any new
information collection burden. This
action results in no changes to the
information collection requirements of
the NSPS and will have no impact on
the information collection estimate of
project cost and hour burden made and
approved by OMB. However, OMB has
previously approved the information
collection requirements contained in the
existing regulations at 40 CFR part 60,
subparts VV and GGG under the
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provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501, et seq., and has
assigned OMB control number 2060–
0443, to the ICR for subpart VV and
OMB control number 2060–0067, to the
ICR for subpart GGG. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
Today’s interim final rule is not
subject to the Regulatory Flexibility Act
(RFA), which generally requires an
agency to prepare a regulatory flexibility
analysis for any rule that will have a
significant economic impact on a
substantial number of small entities.
The RFA applies only to rules subject to
notice and comment rulemaking
requirements under the Administrative
Procedure Act (APA) or any other
statute. This rule is not subject to notice
and comment requirements under the
APA or any other statute because
although the rule is subject to the APA,
the Agency has invoked the ‘‘good
cause’’ exemption under 5 U.S.C.
553(b), therefore it is not subject to the
notice and comment requirement.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act (UMRA) of 1995, Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures by state, local,
and tribal governments, in 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 EPA 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 EPA to
adopt an alternative other than the least
costly, most cost-effective, or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted.
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including tribal governments, it must
have developed under section 203 of the
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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 this action
contains no Federal mandates (under
the regulatory provisions of title II of the
UMRA) for State, local, or tribal
governments or the private sector. This
action imposes no enforceable duty on
any State, local or tribal governments or
the private sector. Thus, this action is
not subject to the requirements of
sections 202 and 205 of the UMRA.
EPA has determined that this rule
contains no regulatory requirements that
might significantly or uniquely affect
small governments. This rule only
extends the stay of certain provisions
and does not impose any additional
enforceable duty.
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.’’
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This action will
not impose direct compliance costs on
State or local governments, and will not
preempt State law. Thus, Executive
Order 13132 does not apply to this
action.
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
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ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This action does not have
tribal implications, as specified in
Executive Order 13175. It 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,
as specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this action.
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 the equipment
leak NSPS for SOCMI and petroleum
refineries are based on technology
performance.
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H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) because it is
not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104–113;
15 U.S.C. 272 note) directs EPA to use
voluntary consensus standards in its
regulatory activities unless to do so
would be inconsistent with applicable
law or otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures,
business practices) that are developed or
adopted by one or more voluntary
consensus bodies. The NTTAA directs
EPA to provide Congress, through OMB,
with explanations when EPA does not
use available and applicable voluntary
consensus standards.
EPA is not proposing to make any
changes to the regulatory requirements
in the final equipment leak NSPS in this
action, including requirements that
involve technical standards. As a result,
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the NTTAA discussion set forth in the
November 16, 2007, final rule remains
valid. The requirements of NTTAA,
therefore, do not apply to this action.
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 this final
rule 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.
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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, EPA has
made such a good cause finding,
including the reasons therefore, and
established an effective date of June 2,
2008. EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This action is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
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31379
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: May 15, 2008.
Stephen L. Johnson,
Administrator.
For the reasons cited in the preamble,
title 40, chapter I, part 60 of the Code
of Federal Regulations is amended as
follows:
■
PART 60—[AMENDED]
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart VV—[Amended]
2. Section 60.480 is amended by
adding paragraph (f) to read as follows:
■
§ 60.480 Applicability and designation of
affected facility.
*
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*
*
(f) Stay of standards. Owners or
operators are not required to comply
with the definition of ‘‘process unit’’ in
§ 60.481 and the requirements in §
60.482–1(g) of this subpart until August
1, 2008. While the definition of ‘‘process
unit’’ is stayed, owners or operators
should use the following definition:
Process unit means components
assembled to produce, as intermediate
or final products, one or more of the
chemicals listed in § 60.489 of this part.
A process unit can operate
independently if supplied with
sufficient feed or raw materials and
sufficient storage facilities for the
product.
§ 60.481
[Amended]
3. In § 60.481, the definition for
‘‘process unit’’ is stayed from June 2,
2008 until August 1, 2008.
■
§ 60.482–1
[Amended]
4. In § 60.482–1, paragraph (g) is
stayed from June 2, 2008 until August
1, 2008.
■
Subpart VVa—[Amended]
5. Section 60.480a is amended by
adding paragraph (f) to read as follows:
■
§ 60.480a Applicability and designation of
affected facility.
*
*
*
*
*
(f) Stay of standards. (1) Owners or
operators that start a new,
reconstructed, or modified affected
source prior to November 16, 2007 are
not required to comply with the
requirements in this paragraph until
August 1, 2008.
(i) The definition of ‘‘capital
expenditure’’ in § 60.481a of this
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subpart. While the definition of ‘‘capital
expenditure’’ is stayed, owners or
operators should use the definition
found in § 60.481 of subpart VV of this
part.
(2) Owners or operators are not
required to comply with the
requirements in this paragraph until
August 1, 2008.
(i) The definition of ‘‘process unit’’ in
§ 60.481a of this subpart. While the
definition of ‘‘process unit’’ is stayed,
owners or operators should use the
following definition:
Process unit means components
assembled to produce, as intermediate
or final products, one or more of the
chemicals listed in § 60.489 of this part.
A process unit can operate
independently if supplied with
sufficient feed or raw materials and
sufficient storage facilities for the
product.
(ii) The method of allocation of shared
storage vessels in § 60.482–1a(g) of this
subpart.
(iii) The standards for connectors in
gas/vapor service and in light liquid
service in § 60.482–11a of this subpart.
§ 60.481a
[Amended]
10. In § 60.591, the definition of
‘‘process unit’’ is stayed from June 2,
2008 until August 1, 2008.
■
Subpart GGGa—[Amended]
11. Section 60.590a is amended by
adding paragraph (e) to read as follows:
■
§ 60.590a Applicability and designation of
affected facility.
*
*
*
*
*
(e) Stay of standards. Owners or
operators are not required to comply
with the definition of ‘‘process unit’’ in
§ 60.590 of this subpart until August 1,
2008. While the definition of ‘‘process
unit’’ is stayed, owners or operators
should use the following definition:
Process unit means components
assembled to produce intermediate or
final products from petroleum,
unfinished petroleum derivatives, or
other intermediates; a process unit can
operate independently if supplied with
sufficient feed or raw materials and
sufficient storage facilities for the
product.
§ 60.591a
[Amended]
6. In § 60.481a, the definitions of
‘‘capital expenditure’’ and ‘‘process
unit’’ are stayed from June 2, 2008 until
August 1, 2008.
■
§ 60.482–1a
§ 60.591
[Amended]
12. In § 60.591a, the definition of
‘‘process unit’’ is stayed from June 2,
2008 until August 1, 2008.
■
[FR Doc. E8–11383 Filed 5–30–08; 8:45 am]
BILLING CODE 6560–50–P
[Amended]
7. In § 60.482–1a, paragraph (g) is
stayed from June 2, 2008 until August
1, 2008.
DEPARTMENT OF COMMERCE
§ 60.482–11a
National Oceanic and Atmospheric
Administration
■
[Amended]
8. § 60.482–11a is stayed from June 2,
2008 until August 1, 2008.
50 CFR Parts 300 and 635
Subpart GGG—[Amended]
[Docket No. 080221247–8524–02]
■
9. Section 60.590 is amended by
adding paragraph (e) to read as follows:
■
§ 60.590 Applicability and designation of
affected facility.
cprice-sewell on PROD1PC72 with RULES
*
*
*
*
*
(e) Stay of standards. Owners or
operators are not required to comply
with the definition of ‘‘process unit’’ in
§ 60.590 of this subpart until August 1,
2008. While the definition of ‘‘process
unit’’ is stayed, owners or operators
should use the following definition:
Process unit means components
assembled to produce intermediate or
final products from petroleum,
unfinished petroleum derivatives, or
other intermediates; a process unit can
operate independently if supplied with
sufficient feed or raw materials and
sufficient storage facilities for the
product.
VerDate Aug 31 2005
10:44 Aug 13, 2008
Jkt 214001
RIN 0648–AU88
International Fisheries; Atlantic Highly
Migratory Species; International Trade
Permit Program; Bluefin Tuna Catch
Documentation Program
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS is modifying
permitting and reporting requirements
for the Highly Migratory Species (HMS)
International Trade Permit (ITP)
program to improve program efficacy
and enforceability, and implement the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
bluefin tuna catch documentation (BCD)
program. The modified regulations also
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
implement the new definition of
‘‘import’’ contained in the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), and require that shark fin
importers, exporters, and re-exporters
obtain the HMS ITP to assist NMFS in
monitoring trade of shark fins. This
action is necessary to implement
recommendations of ICCAT, as required
by the Atlantic Tunas Convention Act
(ATCA), and to achieve domestic
management objectives under the
Magnuson-Stevens Act.
DATES: Effective July 2, 2008.
ADDRESSES: Supporting documents,
including the Regulatory Impact
Review/Final Regulatory Flexibility
Analysis (RIR/FRFA), are available from
the Federal e-Rulemaking Portal: https://
www.regulations.gov, or Dianne
Stephan, Highly Migratory Species
Management Division, Office of
Sustainable Fisheries (F/SF1), NMFS,
One Blackburn Dr., Gloucester, MA
01930. Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to NMFS at the
address above, and by email to David—
Rostker@omb.eop.gov, or fax to (202)
395–7285.
FOR FURTHER INFORMATION CONTACT:
Dianne Stephan, 978–281–9260.
SUPPLEMENTARY INFORMATION:
Background
The United States, which includes the
Commonwealth of Puerto Rico,
American Samoa, the U.S. Virgin
Islands, Guam, and all other U.S.
commonwealths, territories, or
possessions, is a member of the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and the Inter-American Tropical Tuna
Commission (IATTC). Under ATCA, the
Secretary of Commerce is authorized to
implement ICCAT recommendations, as
necessary or appropriate. Likewise, the
Tunas Convention Act authorizes
rulemaking to carry out
recommendations of the IATTC. The
United States has implemented
statistical document programs under the
HMS ITP program regulations per
recommendations of ICCAT, IATTC,
and other regional fishery management
organizations (RFMOs). This rule
replaces the ICCAT bluefin tuna
statistical document program with the
initial implementation of the ICCAT
BCD program recommended at the 2007
ICCAT annual meeting. Other objectives
of the rule are to adjust the HMS ITP
regulatory program, as informed by
NMFS and industry experiences since
E:\VIC\02JNR1.LOC
02JNR1
]]>Agencies
[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Rules and Regulations]
[Pages 31376-31380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11383]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2006-0699; FRL-8569-1]
RIN 2060-AO90
Standards of Performance for Equipment Leaks of VOC in the
Synthetic Organic Chemicals Manufacturing Industry; Standards of
Performance for Equipment Leaks of VOC in Petroleum Refineries
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule; stay.
-----------------------------------------------------------------------
SUMMARY: EPA is making an interim final determination to extend the
stay of certain requirements in the standards of performance for
equipment leaks of VOC in the Synthetic Organic Chemicals Manufacturing
Industry (SOCMI) and Petroleum Refineries.
DATES: This interim final determination is effective on June 2, 2008
and will expire on August 1, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2006-0699. All documents in the docket are listed in the
Federal Docket Management System index at www.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 either electronically through
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.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Rackley, Coatings and
Chemicals Group, Sector Policies and Programs Division, Office of Air
Quality Planning and Standards (E143-01), Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone number:
(919) 541-0634; fax number: (919) 541-0246; e-mail address:
rackley.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and entities potentially regulated
by this action are synthetic organic chemicals manufacturers and
petroleum refineries. The New Source Performance Standards (NSPS) for
equipment leaks of VOC in SOCMI and petroleum refineries affect the
following categories of sources:
------------------------------------------------------------------------
Examples of
Category NAICS code \1\ potentially regulated
entities
------------------------------------------------------------------------
Industry...................... 324110........... Petroleum refiners.
[[Page 31377]]
Primarily 325110, Synthetic organic
325192, 325193, chemical
and 325199. manufacturing
industry (SOCMI)
units, e.g.,
producers of
benzene, toluene, or
any other chemical
listed in 40 CFR
60.489.
------------------------------------------------------------------------
\1\ North American Industrial Classification Code.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by the
final amendments and new standards for equipment leaks of VOC in SOCMI
and petroleum refineries. To determine whether your facility is
regulated by this action, you should examine the applicability criteria
in 40 CFR 60.480, 60.590, 60.480a, and 60.590a. If you have any
questions regarding the applicability of the NSPS to a particular
entity, contact the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the final rule is available on the WWW through
the Technology Transfer Network (TTN). Following signature, EPA will
post a copy of the final rule on the TTN's policy and guidance page for
newly proposed or promulgated rules at https://www.epa.gov/ttn/oarpg.
The TTN provides information and technology exchange in various areas
of air pollution control.
Organization of This Document. The following outline is provided to
aid in locating information in this preamble.
I. Background Information
II. What action is EPA taking?
III. 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 Information
On November 16, 2007, EPA promulgated amendments and established
new standards of performance for equipment leaks of VOC in the SOCMI
and Petroleum Refineries (72 FR 64860). Following the promulgation of
the final amendments and new standards for these industries, EPA
received a petition for reconsideration on January 15, 2008 from the
American Chemistry Council (ACC), the American Petroleum Institute
(API), and the National Petrochemical and Refiners Association (NPRA)
(``Petitioners''). The petitioners, pursuant to CAA section
307(d)(7)(B), requested EPA reconsider four provisions in the rules:
(1) The clarification of the definition of process unit in subparts VV,
VVa, GGG, and GGGa; (2) the assigning of shared storage tanks to
specific process units in subparts VV, VVa, GGG, and GGGa; (3) the
connecter monitoring requirements in subpart VVa; and (4) the
definition of capital expenditure in subpart VVa. The petitioners also
requested that EPA stay the effectiveness of these provisions of the
rule pending resolution of their petition for reconsideration. The
petition can be found in the public docket (EPA-HQ-OAR-2006-0699).
On March 4, 2008, EPA sent a letter to the petitioners, through
their counsel, informing them that EPA was granting their request for
reconsideration on three of the issues listed above. We indicated in
the letter that no action was being taken on the issue of the
clarification of the definition of process unit at that time. Finally,
the letter indicated that EPA was granting a 90-day stay of the
provisions of the rules under reconsideration (see CAA section
307(d)(7)(B)), as well as the clarification of the definition of
process unit, because of its interaction with the new provision
regarding the allocation of shared storage vessels. The letter from EPA
to the petitioners can be found in the public docket (EPA-HQ-OAR-2006-
0699).
In the Final Rules section of today's Federal Register, we have
published a direct final rule extending the stay until a final decision
on the reconsideration has been reached. In the Proposed Rules section
of today's Federal Register, we have also published a parallel proposal
extending the stay until a final decision on the reconsideration has
been reached. Based on today's direct final and parallel proposal
extending the stay, we are taking this final action, effective for 60
days, beginning on publication, to prevent facilities from being out of
compliance with provisions, at least some of which, we anticipate
modifying upon reconsideration.
EPA is providing the public with an opportunity to comment on the
stay extension in both the direct final rule and parallel proposal.
However, we are not taking comment on this final action. We believe it
is appropriate to continue the stay that is currently in place until
the direct final action becomes effective to avoid a lapse in the stay
and create potential compliance problems with provisions that we
believe may need to be revised.
II. What action is EPA taking?
We are making an interim final determination to extend the stay for
60 days based on our concurrent direct final action and parallel
proposal. EPA has determined that a stay is necessary for the
provisions under reconsideration. The 90-day stay that began on March
4, 2008 expires on June 1, 2008. At that time, facilities will be
required to comply with the final rules as published (72 FR 64860)
unless an extension is set in place. EPA is invoking the good cause
exception under the Administrative Procedure Act (APA) in not providing
an opportunity for comment before this action takes effect (5 U.S.C.
553(b)(3)).
EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. EPA has stated in our letter to the Petitioners the
reasons for granting the 90-day stay. As these reasons remain valid, we
believe it is still appropriate for the stay to be in effect until we
have reached a final decision on the reconsideration. Because the
initial stay expires on June 1, 2008 and the direct final action would
not be effective until 60 days after publication, it is not in the
public's best interest to require compliance with the rules as
published during the gap between the two dates. Therefore, EPA believes
that it is necessary to use the interim final rulemaking process to
extend the initial stay while the public has an opportunity to comment
on the direct final action.
[[Page 31378]]
III. 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.
This action results in no changes to the information collection
requirements of the NSPS and will have no impact on the information
collection estimate of project cost and hour burden made and approved
by OMB. However, OMB has previously approved the information collection
requirements contained in the existing regulations at 40 CFR part 60,
subparts VV and GGG under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501, et seq., and has assigned OMB control number 2060-
0443, to the ICR for subpart VV and OMB control number 2060-0067, to
the ICR for subpart GGG. The OMB control numbers for EPA's regulations
in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
Today's interim final rule is not subject to the Regulatory
Flexibility Act (RFA), which generally requires an agency to prepare a
regulatory flexibility analysis for any rule that will have a
significant economic impact on a substantial number of small entities.
The RFA applies only to rules subject to notice and comment rulemaking
requirements under the Administrative Procedure Act (APA) or any other
statute. This rule is not subject to notice and comment requirements
under the APA or any other statute because although the rule is subject
to the APA, the Agency has invoked the ``good cause'' exemption under 5
U.S.C. 553(b), therefore it is not subject to the notice and comment
requirement.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by state, local, and tribal governments, in
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 EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
EPA has determined that this action contains no Federal mandates
(under the regulatory provisions of title II of the UMRA) for State,
local, or tribal governments or the private sector. This action imposes
no enforceable duty on any State, local or tribal governments or the
private sector. Thus, this action is not subject to the requirements of
sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. This rule only extends the stay of certain provisions and
does not impose any additional enforceable duty.
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.''
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action will not impose direct
compliance costs on State or local governments, and will not preempt
State law. Thus, Executive Order 13132 does not apply to this action.
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.'' This action does not have
tribal implications, as specified in Executive Order 13175. It 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, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this action.
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 the equipment
leak NSPS for SOCMI and petroleum refineries are based on technology
performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
[[Page 31379]]
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272 note) directs EPA
to use voluntary consensus standards in its regulatory activities
unless to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures,
business practices) that are developed or adopted by one or more
voluntary consensus bodies. The NTTAA directs EPA to provide Congress,
through OMB, with explanations when EPA does not use available and
applicable voluntary consensus standards.
EPA is not proposing to make any changes to the regulatory
requirements in the final equipment leak NSPS in this action, including
requirements that involve technical standards. As a result, the NTTAA
discussion set forth in the November 16, 2007, final rule remains
valid. The requirements of NTTAA, therefore, do not apply to this
action.
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 this final rule 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.
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. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefore, and established an effective date of June 2, 2008.
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: May 15, 2008.
Stephen L. Johnson,
Administrator.
0
For the reasons cited in the preamble, title 40, chapter I, part 60 of
the Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart VV--[Amended]
0
2. Section 60.480 is amended by adding paragraph (f) to read as
follows:
Sec. 60.480 Applicability and designation of affected facility.
* * * * *
(f) Stay of standards. Owners or operators are not required to
comply with the definition of ``process unit'' in Sec. 60.481 and the
requirements in Sec. 60.482-1(g) of this subpart until August 1, 2008.
While the definition of ``process unit'' is stayed, owners or operators
should use the following definition:
Process unit means components assembled to produce, as intermediate
or final products, one or more of the chemicals listed in Sec. 60.489
of this part. A process unit can operate independently if supplied with
sufficient feed or raw materials and sufficient storage facilities for
the product.
Sec. 60.481 [Amended]
0
3. In Sec. 60.481, the definition for ``process unit'' is stayed from
June 2, 2008 until August 1, 2008.
Sec. 60.482-1 [Amended]
0
4. In Sec. 60.482-1, paragraph (g) is stayed from June 2, 2008 until
August 1, 2008.
Subpart VVa--[Amended]
0
5. Section 60.480a is amended by adding paragraph (f) to read as
follows:
Sec. 60.480a Applicability and designation of affected facility.
* * * * *
(f) Stay of standards. (1) Owners or operators that start a new,
reconstructed, or modified affected source prior to November 16, 2007
are not required to comply with the requirements in this paragraph
until August 1, 2008.
(i) The definition of ``capital expenditure'' in Sec. 60.481a of
this subpart. While the definition of ``capital expenditure'' is
stayed, owners or operators should use the definition found in Sec.
60.481 of subpart VV of this part.
(2) Owners or operators are not required to comply with the
requirements in this paragraph until August 1, 2008.
(i) The definition of ``process unit'' in Sec. 60.481a of this
subpart. While the definition of ``process unit'' is stayed, owners or
operators should use the following definition:
Process unit means components assembled to produce, as intermediate
or final products, one or more of the chemicals listed in Sec. 60.489
of this part. A process unit can operate independently if supplied with
sufficient feed or raw materials and sufficient storage facilities for
the product.
(ii) The method of allocation of shared storage vessels in Sec.
60.482-1a(g) of this subpart.
(iii) The standards for connectors in gas/vapor service and in
light liquid service in Sec. 60.482-11a of this subpart.
Sec. 60.481a [Amended]
0
6. In Sec. 60.481a, the definitions of ``capital expenditure'' and
``process unit'' are stayed from June 2, 2008 until August 1, 2008.
Sec. 60.482-1a [Amended]
0
7. In Sec. 60.482-1a, paragraph (g) is stayed from June 2, 2008 until
August 1, 2008.
[[Page 31380]]
Sec. 60.482-11a [Amended]
0
8. Sec. 60.482-11a is stayed from June 2, 2008 until August 1, 2008.
Subpart GGG--[Amended]
0
9. Section 60.590 is amended by adding paragraph (e) to read as
follows:
Sec. 60.590 Applicability and designation of affected facility.
* * * * *
(e) Stay of standards. Owners or operators are not required to
comply with the definition of ``process unit'' in Sec. 60.590 of this
subpart until August 1, 2008. While the definition of ``process unit''
is stayed, owners or operators should use the following definition:
Process unit means components assembled to produce intermediate or
final products from petroleum, unfinished petroleum derivatives, or
other intermediates; a process unit can operate independently if
supplied with sufficient feed or raw materials and sufficient storage
facilities for the product.
Sec. 60.591 [Amended]
0
10. In Sec. 60.591, the definition of ``process unit'' is stayed from
June 2, 2008 until August 1, 2008.
Subpart GGGa--[Amended]
0
11. Section 60.590a is amended by adding paragraph (e) to read as
follows:
Sec. 60.590a Applicability and designation of affected facility.
* * * * *
(e) Stay of standards. Owners or operators are not required to
comply with the definition of ``process unit'' in Sec. 60.590 of this
subpart until August 1, 2008. While the definition of ``process unit''
is stayed, owners or operators should use the following definition:
Process unit means components assembled to produce intermediate or
final products from petroleum, unfinished petroleum derivatives, or
other intermediates; a process unit can operate independently if
supplied with sufficient feed or raw materials and sufficient storage
facilities for the product.
Sec. 60.591a [Amended]
0
12. In Sec. 60.591a, the definition of ``process unit'' is stayed from
June 2, 2008 until August 1, 2008.
[FR Doc. E8-11383 Filed 5-30-08; 8:45 am]
BILLING CODE 6560-50-P
