[Federal Register: November 12, 2002 (Volume 67, Number 218)]
[Proposed Rules]
[Page 68546-68548]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no02-23]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 61
[FRL-7405-5]
RIN 2060-AJ87
National Emission Standard for Benzene Waste Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: We are proposing to amend the national emission standards for
hazardous air pollutants (NESHAP) for benzene waste operations,
promulgated on March 7, 1990 (55 FR 8346), under the authority of
section 112 of the Clean Air Act (CAA). The amendments add an exemption
for organic vapors routed to the fuel gas system and a new compliance
option for tanks, and clarify the standards for containers.
In the Rules and Regulations section of this Federal Register, we
are taking direct final action on the proposed amendments because we
view this action as noncontroversial, and anticipate no adverse
comment. We have explained our reasons for the amendments in the
preamble to the direct final rule.
If we receive no adverse comment, we will take no further action on
the proposed amendments. If we receive adverse comment, we will
withdraw the direct final amendments and they will not take effect.
DATES: Comments. We must receive comments by December 12, 2002, unless
a hearing is requested by November 22, 2002.
Public Hearing. If anyone contacts us requesting to speak at a
public hearing by November 22, 2002, a public hearing will be held on
November 27, 2002.
ADDRESSES: Comments. By U.S. Postal Service, send comments (in
duplicate, if possible) to: Air and Radiation Docket and Information
Center (6102T), Attention Docket No. A-2001-23, U.S. EPA, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. In person or by
courier, deliver comments (in duplicate, if possible) to: Air and
Radiation Docket and Information Center (6102T), Attention Docket No.
A-2001-23, Room B-108, U.S. EPA, 1301 Constitution Avenue, NW.,
Washington, DC 20460. We request a separate copy of each public comment
be sent to the contact person listed below (see FOR FURTHER INFORMATION
CONTACT).
Public Hearing. If a public hearing is held, it will begin at 10
a.m. and will be held at the U.S. EPA new facility complex in Research
Triangle Park, North Carolina, or an alternative site nearby. You
should contact Ms. JoLynn Collins, U.S. EPA, Research Triangle Park, NC
27711, telephone (919) 541-5671 to request a public hearing, to request
to speak at a public hearing, or to find out if a hearing will be held.
Docket. Docket No. A-2001-23 contains supporting information used
in developing the proposed amendments. The docket is located at the
U.S. EPA, 1301 Constitution Avenue, NW., Washington, DC 20460 in room
B-108, and may be inspected from 8:30 a.m. to 5:30 p.m., Monday through
Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Robert B. Lucas, Waste and
Chemical Process Group, Emission Standards Division (C439-03), Office
of Air Quality Planning and Standards, U.S. EPA, Research Triangle
Park, North Caroline 27711, telephone number (919) 541-0884, electronic
mail (e-mail), lucas.bob@epa.gov.
SUPPLEMENTARY INFORMATION: For information concerning applicability and
rule determinations, contact the appropriate regional representative:
U.S. EPA New England, Director, Air Compliance Programs, 1 Congress
Street, Suite 1100 (SEA), Boston, MA 02114-2023. Phone contact: (617)
918-1656. FAX: (617) 918-1112.
U.S. EPA--Region II, Air Compliance Branch, 290 Broadway, New York, NY
10007-1866. Phone (212) 637-3000. FAX: (212) 637-3526.
U.S. EPA--Region III, Chief, Air Enforcement Branch (3AP12), 1650 Arch
Street, Philadelphia, PA 19103-2029. Phone: (215) 814-3438. FAX: (215)
814-2134. Region III Office Website: www.epa.gov/reg3artd/hazpollut/
hazairpol.htm.
U.S. EPA--Region IV, Air and Radiation Technology Branch, Atlanta
Federal Center, 61 Forsyth Street, SW., Atlanta, GA 30303-3104. Phone:
(404) 562-9105. FAX: (404) 562-9095.
U.S. EPA--Region V, Air Enforcement and Compliance Assurance Branch
(AE17J), 77 West Jackson Boulevard, Chicago, IL 60604-3590. Phone:
(312) 353-2088. FAX: (312) 353-8289.
U.S. EPA--Region VI, Chief, Toxics Enforcement Section ([caret]EN-AT),
1445 Ross Avenue, Dallas, TX 75202-2733. Phone: (214) 665-7224. FAX:
(214) 665-2146. Region VI Office Website: www.epa.gov/region6.
Region VII, Bill Peterson, U.S. EPA, 726 Minnesota Avenue, Kansas City,
KS 66101. Phone: (913) 551-7881. FAX: (913) 551-7467.
U.S. EPA--Region VIII, MACT Enforcement, 999 18th Street, Suite
[[Page 68547]]
500, Denver, Colorado 80202. Phone: (303) 312-6312. FAX: 303-312-6409.
U.S. EPA--Region IX, Air Division, 75 Hawthorne Street, San Francisco,
CA 94105. Phone: (415) 744-1219. FAX: (415) 744-1076.
U.S. EPA--Region X, Office of Air Quality (OAQ-107), 1200 Sixth Avenue,
Seattle, Washington 98101. Phone: (206) 553-4273. FAX: (206) 553-0110.
If no relevant adverse comments are received on the proposed
amendments, no further action will be taken on the proposed amendments,
and the direct final rule in the Rules and Regulations section of
today's Federal Register will automatically become effective on the
date specified in the direct final rule. If relevant adverse comments
are received on the proposed amendments, we will publish a withdrawal
action before the effective date of the direct final amendments
indicating which provisions are being withdrawn. If all or part of the
direct final amendments are withdrawn, all public comments received
will be addressed in a subsequent final action based on the proposed
amendments. We will not institute a second comment period on the
subsequent final action. Any parties interested in commenting must do
so during this comment period.
For further supplemental information, the rationale, and the
specific amendments being proposed, see the information provided in the
direct final rule in the Rules and Regulations section of this Federal
Register.
Comments. Comments and data may be submitted by e-mail to a-and-r-
docket@epa.gov. Electronic comments must be submitted as an ASCII file
to avoid the use of special characters and encryption problems and will
also be accepted on disks in WordPerfect [reg] format. All comments and
data submitted in electronic form must note the docket number: A-2001-
23. No confidential business information (CBI) should be submitted by
e-mail. Electronic comments may be filed online at many Federal
Depository Libraries.
Commenters wishing to submit proprietary information for
consideration must clearly distinguish such information from other
comments and label it as CBI. Send submissions containing such
proprietary information directly to the following address, and not to
the public docket, to ensure that proprietary information is not
inadvertently placed in the docket: Attention Mr. Robert Lucas, c/o
OAQPS Document Control Officer (C404-02), U.S. EPA, 109 TW Alexander
Drive, Research Triangle Park, NC 27711. The EPA will disclose
information identified as CBI only to the extent allowed by the
procedures set forth in 40 CFR part 2. If no claim of confidentiality
accompanies a submission when it is received by EPA, the information
may be made available without further notice to the commenter.
Docket. The docket is an organized and complete file of all the
information considered by EPA in the development of the proposed
amendments. The docket is a dynamic file because information is added
throughout the rulemaking process. The docketing system is intended to
allow you to readily identify and locate documents so you can
effectively participate in the rulemaking process. Along with the
proposed and promulgated rules and their preambles, the contents of the
docket will serve as the record in the case of judicial review. (See
section 307(d)(7)(A) of the CAA.) The regulatory text and other
materials related to the proposed amendments are available for review
in the docket or copies may be mailed on request from the Air Docket by
calling (202) 566-1742. We may charge a reasonable fee for copying
docket materials.
You may also obtain docket indexes by facsimile as described on the
Office of Air and Radiation, Docket and Information Center Website at
http://www.epa.gov/airprogram/oar/docket/faxlist.html. Worldwide Web
(WWW). In addition to being available in the docket, an electronic copy
of the proposed amendments will also be available on the WWW. Following
signature, a copy of the proposed amendments will be posted on the
Technology Transfer Network (TTN) policy and guidance page for newly
proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN
provides information and technology exchange in various areas of air
pollution control. If more information regarding the TTN is needed,
call the TTN HELP line at (919) 541-5384.
Regulated Entities. Categories and entities potentially regulated
by this action include:
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Examples of regulated
Category SIC code NAIC code entities
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Industry............................. 2800's....... 32512-325182..................... Chemical manufacturing
2911......... 32411............................ plants, petroleum
3312......... 331111........................... refineries, coke by-
4925......... 22121............................ product recovery
4953......... 562211........................... plants, and commercial
9511......... 324110........................... hazardous waste
treatment, storage,
and disposal
facilities that manage
waste generated by
these industries.
Federal government................... ............. ................................. Not affected.
State/local/tribal government........ ............. ................................. Not affected.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 61.340 of the
NESHAP for benzene waste operations. If you have any questions
regarding the applicability of this action to a particular entity,
consult the appropriate person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
Administrative Requirements
For a complete discussion of all of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of the Federal Register.
Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a
[[Page 68548]]
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
The EPA determined that it is not necessary to prepare a regulatory
flexibility analysis for the proposed amendments. The EPA has also
determined that the proposed amendments will not impose a significant
impact on a substantial number of small entities. There are few small
entities in the industries required to meet the NESHAP for benzene
waste operations, and it is unlikely that the regulated facilities are
owned by small entities (55 FR 8340, March 7, 1990). In addition, the
standard contains a cutoff for applicability of control requirements
for sources generating small quantities of benzene waste. Therefore, a
substantial number of small entities are not regulated by the proposed
amendments. In addition, none of the facilities (large or small) are
expected to experience any increase in compliance costs as a result of
the proposed amendments. Therefore, pursuant to the provisions of 5
U.S.C. 605(b), it has been determined that the proposed amendments will
not have a significant economic impact on a substantial number of small
entities.
List of Subject in 40 CFR Part 61
Environmental protection, Air pollution control, Recordkeeping and
reporting requirements.
Dated: November 1, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-28500 Filed 11-8-02; 8:45 am]
BILLING CODE 6560-50-P