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, 31372-31376 [E8-11400]

Download as PDF 31372 Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Rules and Regulations AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA—Continued State citation State effective date Title/subject EPA approval date Federal Register notice ******* Standard No. 7 Prevention of Significant Deterioration 06/24/05 06/02/08 1 [Insert citation of publication]. ******* 1 This regulation (submitted on July 1, 2005) includes two portions of EPA’s 2002 NSR Reform Rules that were vacated by the D.C. Circuit Court—Pollution Control Projects (PCPs) and clean units. As a result, EPA is disapproving all rules and/or rule sections in the South Carolina PSD rules referencing clean units or PCPs. Specifically, the following South Carolina rules are being disapproved: (a)(2)(iv)(e); (a)(2)(iv)(f) (second sentence only); (a)(2)(vi); (b)(12); (b)(30)(iii)(h); (b)(34)(iii)(b); (b)(34)(vi)(d); (b)(35); (r)(6) (only the reference to the term ‘‘clean unit’’ is being disapproved. The remainder of this regulatory provision is being approved); (r)(7) (only the reference to the term ‘‘clean unit’’ is being disapproved. The remainder of this regulatory provision is being approved); (x); (y) and (z). * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA–HQ–OAR–2006–0699; FRL–8568–8] 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 cprice-sewell on PROD1PC72 with RULES AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule; stay. SUMMARY: EPA is taking direct final action on the standards of performance for equipment leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry (SOCMI) and Petroleum Refineries. On November 16, 2007, EPA promulgated amendments and established new standards for these industries. Following that action, the Administrator received a petition for reconsideration. In response to the petition, EPA granted a stay of certain provisions in the final amendments and new standards. In this action, EPA is extending the stay of the requirements under reconsideration until a final decision is reached on these issues. DATES: This rule is effective on August 1, 2008 without further notice, unless EPA receives adverse comment by July 2, 2008 or receives a request for a public hearing. If EPA receives adverse comment or a hearing request, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. VerDate Aug 31 2005 10:44 Aug 13, 2008 Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2006–0699, by one of the following methods: <bullet≤ www.regulations.gov: Follow the online instructions for submitting comments. <bullet≤ E-mail: a-and-rdocket@epa.gov. <bullet≤ Fax: (202) 566–1741. <bullet≤ Mail: U.S. Postal Service, send comments to: Air and Radiation Docket (6102T), Docket No. EPA–HQ– OAR–2006–0699, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 20460. <bullet≤ Hand Delivery: In person or by Courier, deliver comments to: Air and Radiation Docket (6102T), EPA West Building, Room B–102, 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. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2006– 0699. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at 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 www.regulations.gov ADDRESSES: [FR Doc. E8–12091 Filed 5–30–08; 8:45 am] Jkt 214001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 or e-mail. The 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 www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, 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 home page at https:// www.epa.gov/epahome/dockets.htm. Docket: 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, i.e., 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 B–102, 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 E:\VIC\02JNR1.LOC 02JNR1 Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Rules and Regulations 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. We request that you also send a separate copy of each comment to the contact persons listed below (see FOR FURTHER INFORMATION CONTACT). 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: Organization of This Document. The following outline is provided to aid in locating information in this preamble. VI. What action is EPA taking? VII. 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. Why is EPA using a direct final rule? II. Does this action apply to me? III. What should I consider as I prepare my comments for EPA? IV. How do I obtain a copy of this document and other related information? V. Background Information I. Why is EPA using a direct final rule? EPA is publishing the action without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. However, in the ‘‘Proposed Rules’’ Category NAICS code Industry .......................................... 1 section of today’s Federal Register, we are publishing a separate document that will serve as the proposed rule to extend the stay if adverse comments are received on this direct final action. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. We would address all public comments in any subsequent final rule based on the proposed rule. II. Does this action apply to me? 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. cprice-sewell on PROD1PC72 with RULES 1 31373 III. What should I consider as I prepare my comments for EPA? Submitting CBI. Do not submit this information to EPA through 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 VerDate Aug 31 2005 10:44 Aug 13, 2008 Jkt 214001 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. IV. How do I obtain a copy of this document and other related information? Docket. The docket number for this action and the final SOCMI and petroleum refineries equipment leak NSPS (40 CFR part 60, subparts VV, VVa, GGG, and GGGa) is Docket ID No. EPA–HQ–OAR–2006–0699. Worldwide Web (WWW). In addition to being available in the docket, electronic copies of the final amendments and this action are available on the WWW through the Technology Transfer Network Web site (TTN Web). Following signature, EPA posted a copy of this notice 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 exchange in various areas of air pollution control. V. 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 E:\VIC\02JNR1.LOC 02JNR1 31374 Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Rules and Regulations 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 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). cprice-sewell on PROD1PC72 with RULES VI. What action is EPA taking? Today’s action extends the stay of the provisions under reconsideration and the stay of the clarification of the definition of process unit. As noted above, EPA granted a 90-day stay of these provisions under CAA section 307(d)(7)(B) on March 4, 2008. That stay expires on June 1, 2008. We are extending the stay until we have reached a final decision on all of the issues raised in the petition for reconsideration. While the Agency does not generally grant stays pending reconsideration, we believe that the unique compliance issues created by our final rule warrant a limited stay pending reconsideration. As we explained in granting the initial stay: We are staying the rule as it relates to the method of allocating shared storage vessels and the requirements for connector monitoring because these were first introduced in the final rule (indeed, with respect to connector monitoring, we explicitly stated in the proposal that we did not intend to address them in this rulemaking). Accordingly, certain facilities may be out of compliance with requirements for which they had no notice or time to come into compliance. We are also staying the new definition for capital expenditure in 40 CFR part 60, subpart VVa, as it relates to projects at sources occurring prior to November 16, 2007. This new definition is different than the definition in the proposed 40 CFR part 60, subpart VV, and the resulting capital expenditure value may make sources that undertook changes between the proposal and final action into affected sources even though they would not have been under the previous definition and even though they had no notice of the change. While new source performance standards are generally VerDate Aug 31 2005 10:44 Aug 13, 2008 Jkt 214001 applicable to units modified or reconstructed after the date of the proposal, we intend to seek comment on the appropriateness of such application here. As these reasons remain valid, we have decided to extend the limited stay for the remainder of our reconsideration process. VII. 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 The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedures 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 the equipment leak NSPS on small entities, small entity is defined as: (1) A small business according to Small Business Administration size standards by the North American Industry Classification System (NAICS) category of the owning entity; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 a small organization that is any not-forprofit enterprise that is independently owned and operated and is not dominant in its field. For the SOCMI, a small business ranges from less than 500 employees to less than 1,000 employees, depending on the NAICS code. For petroleum refiners, a small business has no more than 1,500 employees. After considering the economic impacts of this action on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This action will not impose any requirements on any entities because it does not impose any additional regulatory requirements. 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 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. E:\VIC\02JNR1.LOC 02JNR1 Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Rules and Regulations 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. cprice-sewell on PROD1PC72 with RULES 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 VerDate Aug 31 2005 10:44 Aug 13, 2008 Jkt 214001 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. 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 31375 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. 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. 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). This rule will be effective August 1, 2008. 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. 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: ■ E:\VIC\02JNR1.LOC 02JNR1 31376 Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Rules and Regulations § 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 § 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. * * * * (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] ■ [Amended] * [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 ■ 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. * cprice-sewell on PROD1PC72 with RULES * * * * * (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: VerDate Aug 31 2005 10:44 Aug 13, 2008 Jkt 214001 * * * * (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: ■ PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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 E:\VIC\02JNR1.LOC 02JNR1

Agencies

[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Rules and Regulations]
[Pages 31372-31376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11400]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2006-0699; FRL-8568-8]
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: Direct final rule; stay.

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SUMMARY: EPA is taking direct final action on the standards of 
performance for equipment leaks of VOC in the Synthetic Organic 
Chemicals Manufacturing Industry (SOCMI) and Petroleum Refineries. On 
November 16, 2007, EPA promulgated amendments and established new 
standards for these industries. Following that action, the 
Administrator received a petition for reconsideration. In response to 
the petition, EPA granted a stay of certain provisions in the final 
amendments and new standards. In this action, EPA is extending the stay 
of the requirements under reconsideration until a final decision is 
reached on these issues.

DATES: This rule is effective on August 1, 2008 without further notice, 
unless EPA receives adverse comment by July 2, 2008 or receives a 
request for a public hearing. If EPA receives adverse comment or a 
hearing request, we will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0699, by one of the following methods:
     www.regulations.gov: Follow the online instructions for 
submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: U.S. Postal Service, send comments to: Air and 
Radiation Docket (6102T), Docket No. EPA-HQ-OAR-2006-0699, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Please include a total of two copies. In 
addition, please mail a copy of your comments on the information 
collection provisions to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for 
EPA, 725 17th St., NW., Washington, DC 20460.
     Hand Delivery: In person or by Courier, deliver comments 
to: Air and Radiation Docket (6102T), EPA West Building, Room B-102, 
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.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0699. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at 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 www.regulations.gov 
or e-mail. The 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 
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 home page at https://www.epa.gov/epahome/
dockets.htm.
    Docket: 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, i.e., 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 B-102, 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.
    We request that you also send a separate copy of each comment to 
the contact persons listed below (see FOR FURTHER INFORMATION CONTACT).

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:
    Organization of This Document. The following outline is provided to 
aid in locating information in this preamble.

I. Why is EPA using a direct final rule?
II. Does this action apply to me?
III. What should I consider as I prepare my comments for EPA?
IV. How do I obtain a copy of this document and other related 
information?
V. Background Information
VI. What action is EPA taking?
VII. 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. Why is EPA using a direct final rule?

    EPA is publishing the action without a prior proposed rule because 
we view this as a noncontroversial action and anticipate no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, we

[[Page 31373]]

are publishing a separate document that will serve as the proposed rule 
to extend the stay if adverse comments are received on this direct 
final action. We will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information about commenting on this rule, see the 
ADDRESSES section of this document. If EPA receives adverse comment, we 
will publish a timely withdrawal in the Federal Register informing the 
public that this direct final rule will not take effect. We would 
address all public comments in any subsequent final rule based on the 
proposed rule.

II. Does this action apply to me?

    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.
                                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.

III. What should I consider as I prepare my comments for EPA?

    Submitting CBI. Do not submit this information to EPA through 
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.

IV. How do I obtain a copy of this document and other related 
information?

    Docket. The docket number for this action and the final SOCMI and 
petroleum refineries equipment leak NSPS (40 CFR part 60, subparts VV, 
VVa, GGG, and GGGa) is Docket ID No. EPA-HQ-OAR-2006-0699.
    Worldwide Web (WWW). In addition to being available in the docket, 
electronic copies of the final amendments and this action are available 
on the WWW through the Technology Transfer Network Web site (TTN Web). 
Following signature, EPA posted a copy of this notice 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.

V. 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).

VI. What action is EPA taking?

    Today's action extends the stay of the provisions under 
reconsideration and the stay of the clarification of the definition of 
process unit. As noted above, EPA granted a 90-day stay of these 
provisions under CAA section 307(d)(7)(B) on March 4, 2008. That stay 
expires on June 1, 2008. We are extending the stay until we have 
reached a final decision on all of the issues raised in the petition 
for reconsideration. While the Agency does not generally grant stays 
pending reconsideration, we believe that the unique compliance issues 
created by our final rule warrant a limited stay pending 
reconsideration. As we explained in granting the initial stay:

    We are staying the rule as it relates to the method of 
allocating shared storage vessels and the requirements for connector 
monitoring because these were first introduced in the final rule 
(indeed, with respect to connector monitoring, we explicitly stated 
in the proposal that we did not intend to address them in this 
rulemaking). Accordingly, certain facilities may be out of 
compliance with requirements for which they had no notice or time to 
come into compliance. We are also staying the new definition for 
capital expenditure in 40 CFR part 60, subpart VVa, as it relates to 
projects

[[Page 31374]]

at sources occurring prior to November 16, 2007. This new definition 
is different than the definition in the proposed 40 CFR part 60, 
subpart VV, and the resulting capital expenditure value may make 
sources that undertook changes between the proposal and final action 
into affected sources even though they would not have been under the 
previous definition and even though they had no notice of the 
change. While new source performance standards are generally 
applicable to units modified or reconstructed after the date of the 
proposal, we intend to seek comment on the appropriateness of such 
application here.

    As these reasons remain valid, we have decided to extend the 
limited stay for the remainder of our reconsideration process.

VII. 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

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedures 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 the equipment leak NSPS on 
small entities, small entity is defined as: (1) A small business 
according to Small Business Administration size standards by the North 
American Industry Classification System (NAICS) category of the owning 
entity; (2) a small governmental jurisdiction that is a government of a 
city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise that is independently owned and operated 
and is not dominant in its field. For the SOCMI, a small business 
ranges from less than 500 employees to less than 1,000 employees, 
depending on the NAICS code. For petroleum refiners, a small business 
has no more than 1,500 employees.
    After considering the economic impacts of this action on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
will not impose any requirements on any entities because it does not 
impose any additional regulatory requirements.

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

[[Page 31375]]

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.

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. 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. 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). This rule will be effective August 1, 2008.

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 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 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 
August 1, 2008 until further notice.


Sec.  60.482-1  [Amended]

0
4. In Sec.  60.482-1, paragraph (g) is stayed from August 1, 2008 until 
further notice.

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 EPA takes final action to require compliance and publishes a 
document in the Federal Register.
    (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

[[Page 31376]]

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 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 August 1, 2008 until further notice.


Sec.  60.482-1a  [Amended]

0
7. In Sec.  60.482-1a, paragraph (g) is stayed from August 1, 2008 
until further notice.


Sec.  60.482-11a  [Amended]

0
8. Section 60.482-11a is stayed from August 1, 2008 until further 
notice.

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 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.


Sec.  60.591  [Amended]

0
10. In Sec.  60.591, the definition of ``process unit'' is stayed from 
August 1, 2008 until further notice.

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 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.


Sec.  60.591a  [Amended]

0
12. In Sec.  60.591a, the definition of ``process unit'' is stayed from 
August 1, 2008 until further notice.

[FR Doc. E8-11400 Filed 5-30-08; 8:45 am]
BILLING CODE 6560-50-P