[Federal Register: February 9, 2005 (Volume 70, Number 26)]
[Proposed Rules]
[Page 6974-6975]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe05-19]
[[Page 6974]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0033; FRL-7869-8]
RIN 2060-AF28
National Emission Standards for Hazardous Air Pollutants for
Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming
Units, and Sulfur Recovery Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: On April 11, 2002, pursuant to section 112 of the Clean Air
Act (CAA), the EPA issued national emission standards to control
hazardous air pollutants emitted from catalytic cracking units,
catalytic reforming units, and sulfur recovery units at petroleum
refineries. This proposal would amend several sections of the existing
standards. The proposed amendments would revise the affected source
designations and add new compliance options for catalytic reforming
units that use different types of emission control systems, new
monitoring alternatives for catalytic cracking units and catalytic
reforming units, and a new procedure for determining the metal or total
chloride concentration on catalyst particles. The proposed amendments
would also defer technical requirements for most continuous parameter
monitoring systems, clarify testing and monitoring requirements, and
make editorial corrections to improve implementation of the standards
and to promote better understanding of their requirements.
DATES: Comments. Comments must be received on or before March 11, 2005,
unless a hearing is held. If a hearing is held, comments must be
received on or before March 28, 2005.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0033, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web Site: http://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Petroleum Refineries: Catalytic Cracking Units,
Catalytic Reforming Units, and Sulfur Recovery Units Docket,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. Please include a total of two copies.
Hand Delivery: Environmental Protection Agency, 1301
Constitution Avenue, NW., Room B102, Washington, DC 20460. 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. OAR-2002-0033.
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 http://www.epa.gov/edocket
, 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 EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov websites are
``anonymous access'' systems, 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 EDOCKET or 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.
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. 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 information,
such as copyrighted materials, is not placed on the Internet and will
be publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy form at the Docket ID No. OAR-2002-0033 (or A-97-36), EPA/DC, EPA
West, Room B102, 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
Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Robert B. Lucas, Emission
Standards Division (C439-03), Office of Air Quality Planning and
Standards, Environmental Protection Agency, Research Triangle Park, NC
27711, telephone number (919) 541-0884, fax number (919) 541-3470, e-
mail address: lucas.bob@epa.gov.
SUPPLEMENTARY INFORMATION: In the Rules and Regulations section of this
Federal Register, we are issuing these amendments as a direct final
rule. We are making these amendments as a direct final rule without
prior proposal because we view the revisions as noncontroversial and
anticipate no adverse comments. We have explained our reasons for these
revisions in the direct final rule.
If we receive any significant adverse comment on one or more
distinct amendments in the direct final rule, we will publish a timely
notice of withdrawal in the Federal Register informing the public which
amendments will become effective and which amendments are being
withdrawn due to adverse comment. We will address all public comments
in a subsequent final rule. If no significant adverse comments are
received, no further action will be taken on this proposal and the
direct final rule will become effective as provided in that notice.
The regulatory text for the proposal is identical to that for the
direct final rule published in the Rules and Regulations section of
this Federal Register. For further supplementary information, see the
direct final rule.
I. General Information
A. Does This Action Apply to Me?
Categories and entities potentially regulated by this action
include:
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Examples of regulated
Category NAICS code\1\ entities
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Industry....................... 32411 Petroleum refineries
that operate catalytic
cracking units,
catalytic reforming
units, or sulfur
recovery units.
Federal government............. .............. Not affected.
State/local/tribal government.. .............. Not affected.
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\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.1561 of the
NESHAP for petroleum refineries: catalytic cracking units, catalytic
reforming units, and sulfur recovery units. If you have questions
regarding the applicability of this action to a particular entity,
consult the contact person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
B. What Should I Consider as I Prepare My Comments for EPA?
Do not submit information containing CBI to EPA through EDOCKET,
regulations.gov or e-mail. Send or deliver information identified as
CBI only to the following address: Roberto Morales, OAQPS Document
Control Officer (C404-02), U.S. EPA, Research Triangle Park, NC 27711,
Attention Docket ID No. OAR-2002-0033. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in 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 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.
C. Where Can I Get a Copy of This Document and Other Related
Information?
In addition to being available in the docket, an electronic copy of
today's proposed amendments is also available on the Worldwide Web
(WWW) through the Technology Transfer Network (TTN). Following the
Administrator's signature, a copy of the proposed amendments will be
placed on the TTN's policy and guidance page for newly proposed or
promulgated rules at http://www.epa.gov/ttn/oarpgs. 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.
D. Will There Be a Public Hearing?
If anyone contacts the EPA requesting to speak at a public hearing
by February 22, 2005, a public hearing will be held on February 23,
2005. If a public hearing is requested, it will be held at 10 a.m. at
the EPA Facility Complex in Research Triangle Park, North Carolina or
at an alternate site nearby.
II. Statutory and Executive Order Reviews
For information regarding other administrative requirements for
this action, please see the direct final rule that is located in the
Rules and Regulations section of this Federal Register.
The Regulatory Flexibility Act 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 substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of today's proposed
amendments on small entities, a small entity is defined as: (1) A small
business that has no more than 1,500 employees and no more than 75,000
barrels per day capacity of petroleum-based inputs, including crude oil
or bona fide feedstocks; \1\ for NAIC code 32411; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; or (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
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\1\ Capacity includes owned or leased facilities as well as
facilities under a processing agreement or an agreement such as an
exchange agreement or a throughput. The total product to be
delivered under the contract must be at least 90 percent refined by
the successful bidder from either crude oil or bona fide feedstocks.
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After considering the economic impacts of today's proposed
amendments on small entities, I certify that this action will not have
a significant economic impact on a substantial number of small
entities. In determining whether a rule has a significant economic
impact on a substantial number of small entities, the impact of concern
is any significant adverse impact on small entities, since the primary
purpose of the regulatory flexibility analyses is to identify and
address regulatory alternatives which minimize any significant economic
impact of the proposed rule on small entities (5 U.S.C. 603-604). Thus,
an agency may certify that a rule will not have a significant economic
impact on a substantial number of small entities if the rule relieves
regulatory burden, or otherwise has a positive effect on the small
entities subject to the rule. The proposed amendments make improvements
to the existing standards by adding new compliance options, allowing
more time for certain new or reconstructed affected sources to comply,
and clarifying monitoring and testing requirements. We have, therefore,
concluded that today's proposed amendments will have no adverse impacts
on any small entities and may relieve burden in some cases. We continue
to be interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: February 1, 2005.
Stephen L. Johnson,
Acting Administrator.
[FR Doc. 05-2309 Filed 2-8-05; 8:45 am]
BILLING CODE 6560-50-P