[Federal Register: April 13, 2005 (Volume 70, Number 70)]
[Rules and Regulations]
[Page 19266-19273]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap05-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2004-0411; AD-FRL-7899-1]
RIN 2060-AK80
National Emission Standards for Hazardous Air Pollutants for
Source Categories: Generic Maximum Achievable Control Technology
Standards; and National Emission Standards for Ethylene Manufacturing
Process Units: Heat Exchange Systems and Waste Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rules; amendments.
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SUMMARY: The EPA is taking direct final action on amendments to the
National Emissions Standards for Hazardous Air Pollutants for Source
Categories: Generic Maximum Control Technology Standards which were
promulgated in June 1999 (64 FR 34863), and the National Emission
Standards for Ethylene Manufacturing Units: Heat Exchange Systems and
Waste Operations which were promulgated in July 2002 (67 FR 46258). The
direct final rule amendments clarify the compliance requirements for
benzene waste streams, clarify the requirements for heat exchangers and
heat exchanger systems, and stipulate the provisions for offsite waste
transfer in the national emission standards for ethylene manufacturing
process units. The direct final rule amendments also correct the
regulatory language that make emissions from ethylene cracking furnaces
during decoking operations an exception to the provisions and delineate
overlapping requirements for storage vessels and transfer racks.
In addition, the direct final rule amendments also correct errors
in the proposed rule for the Acrylic and Modacrylic Fiber Production
source category which were not corrected as indicated in the preamble
to the June 1999 final rule (64 FR 34863).
We are issuing the amendments as direct final rules, without prior
proposal, because we view the revisions as noncontroversial and
anticipate no adverse comments. However, in the Proposed Rules section
of this Federal Register, we are publishing a separate document that
will serve as the proposal to amend the National Emissions Standards
for Hazardous Air Pollutants for Source Categories: Generic Maximum
Control Technology Standards and the National Emission Standards for
Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste
Operations.
DATES: The direct final rule amendments are effective on June 13, 2005
without further notice, unless EPA receives adverse written comment by
May 31, 2005. If adverse comments are received, EPA will publish a
timely withdrawal in the Federal Register indicating which of the
amendments will become effective, and which are being withdrawn due to
adverse comment.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2004-
0411, 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
[[Page 19267]]
receiving comments. Follow the on-line instructions for submitting
comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: EPA Docket Center, EPA, Mailcode: 6102T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a
duplicate copy, if possible.
Hand Delivery: Air and Radiation Docket, EPA, 1301
Constitution Avenue, NW., Room B-108, 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.
We request that a separate copy also be sent to the contact person
listed below (see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. OAR-2004-0411.
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 Web sites 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. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102).
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 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 in EDOCKET or in hard
copy at the Air and Radiation Docket, 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. Warren Johnson, Organic Chemicals
Group, Emission Standards Division (C504-04), Office of Air Quality
Planning and Standards, EPA, Research Triangle Park, NC 27711;
telephone number (919) 541-5124; facsimile number (919) 541-3470;
electronic mail (e-mail) address johnson.warren@epa.gov. For
information concerning corrections to the Acrylic/Modacrylic Fiber
Production source category of the Generic MACT, contact Ms. Ellen
Wildermann, Policy, Planning and Standards Group, Emission Standards
Division (C439-04), Office of Air Quality Planning and Standards, EPA,
Research Triangle Park, North Carolina 27711, (919) 541-5408, e-mail
address wildermann.ellen@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated Entities. The entities potentially
affected by this action include the following categories of sources:
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Category NAICS code SIC code Examples of potentially regulated entities
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Industrial...................... 325110 2869 Producers of ethylene from refined petroleum or liquid
hydrocarbons.
3252 2824 Producers of either acrylic fiber or modacrylic fiber
synthetics composed of acrylonitrile (AN) units.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. Not all facilities listed classified under the NAICS code or
SIC code are affected. To determine whether your facility is affected
by this action, you should examine the applicability criteria in Sec.
63.1100 of the generic MACT standards (40 CFR part 63). If you have any
questions regarding the applicability of these technical corrections to
a particular entity, contact the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Worldwide Web (WWW). In addition to being available in the docket,
electronic copies of recently proposed and final rules are also
available on the WWW through EPA's Technology Transfer Network (TTN).
Following signature, a copy of the direct final rules will be posted on
the TTN's 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.
Comments. We are publishing the direct final rule amendments
without prior proposal because we view the amendments as
noncontroversial and do not anticipate adverse comments. However, in
the Proposed Rules section of today's Federal Register, we are
publishing a separate document that will serve as the proposal to the
amendments in the rules if adverse comments are filed. If we receive
any adverse comments on one or more distinct amendments, we will
publish a timely withdrawal in the Federal Register informing the
public which amendments will become effective and which amendments are
being withdrawn due to adverse comments. We will address all public
comments in subsequent final rules based on the proposed rules. Any of
the distinct amendments in today's final rules for which we do not
receive adverse comment will become effective on the previously
mentioned date. We will not institute a second comment period on
[[Page 19268]]
this action. Any parties interested in commenting must do so at this
time.
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of these direct final rules is available only by filing a
petition for review in the U.S. Court of Appeals for the District of
Columbia Circuit by June 13, 2005. Under section 307(d)(7)(B) of the
CAA, only an objection to the direct final rule amendments that was
raised with reasonable specificity during the period for public comment
can be raised during judicial review. Moreover, under section 307(b)(2)
of the CAA, the requirements established by the direct final rule
amendments may not be challenged separately in any civil or criminal
proceedings brought by the EPA to enforce these requirements.
Outline. The following outline is provided to aid in reading the
direct final rule amendments:
I. Background
II. Amendments to the NESHAP for Ethylene Manufacturing Process
Units and the Generic MACT
III. Rule Language Clarifications
IV. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory Planning and Review
B. Paper 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 and Safety Risks
H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution or Use
I. National Technology Transfer Advancement Act
J. Congressional Review Act
I. Background
We are amending two rules. One rule is the National Emissions
Standards for Hazardous Air Pollutants for Source Categories: Generic
Maximum Control Technology Standards which were promulgated in June
1999 (64 FR 34863) and also referred to as the Generic Maximum
Achievable Control Technology or ``GMACT'' rule, provide a structural
framework that allows source categories with similar emission types and
control requirements to be covered under common subparts; thus,
promoting regulatory consistency in the development of national
emission standards for hazardous air pollutants (NESHAP). The other
rule is the National Emission Standards for Ethylene Manufacturing
Process Units: Heat Exchange Systems and Waste Operations which were
promulgated in July 2002 (67 FR 46258) in the same notice that added by
amendment the Ethylene Production source category to the GMACT rule
applicability.
The amendments in today's action clarify the compliance
requirements for benzene waste streams, clarify the requirements for
heat exchangers and heat exchanger systems, and stipulate the
provisions for offsite waste transfer in the national emission
standards for ethylene manufacturing process units (40 CFR part 63,
subpart XX).
The amendments in today's action will also correct the regulatory
language that make emissions from ethylene cracking furnaces during
decoking operations an exception to the provisions, delineate
overlapping requirements for storage vessels and transfer racks, and
correct typographical errors in Table 7 to 40 CFR 63.1103(e), ``What
are my requirements if I own or operate an ethylene production existing
or new affected source?''
In addition, we are correcting errors to Table 3 to 40 CFR
63.1103(b)(3)(ii), ``What are my requirements if I own or operate an
acrylic and modacrylic fiber production existing or new affected source
and am complying with paragraph (b)(3)(ii) of this section?'' in the
proposed rule for the Acrylic and Modacrylic Fiber Production source
category which were not corrected as indicated in the preamble to the
June 1999 final rule (64 FR 34863).
II. Amendments to the NESHAP for Ethylene Manufacturing Process Units
and the Generic MACT
Today's actions include amendments to the NESHAP for ethylene
manufacturing process units to clarify compliance requirements for
benzene waste streams, to clarify the requirements for heat exchangers
and heat exchanger systems, and to stipulate the provisions for offsite
waste transfer. We are also amending the generic MACT standards to
correct the regulatory language to state that emissions from furnaces
during decoking operations are an exception to the provisions, and we
are delineating overlapping requirements for storage vessels and
transfer racks. Another source in the generic MACT is acrylic and
modacrylic fiber production for which we are amending the Compliance
Requirements Table.
We are amending 40 CFR 63.1086(b)(4) and 63.1095(a) to change units
from parts per million by volume (ppmv) to parts per million by weight
(ppmw) so that the units of measure accurately reflect the units of
measure of the tests used by affected sources.
We are amending 40 CFR 63.1086(a)(5) to clarify the interpretation
of the heat exchanger leak calculation requirements. While not
explicitly stated, our intent in Sec. 63.1086(a) was to define heat
exchange systems in such a way as to ensure that leaks of 3.06 kilogram
per hour (kg/hr) (the intended low end threshold of what would
constitute a leak) or greater of hazardous air pollutants (HAP) into
the cooling water stream are detectable and to specify that a leak is
detected if the exit mean concentration is at least 10 percent greater
than the entrance mean.
We are amending 40 CFR 63.1086(a)(2)(ii)(B) and (b)(1)(ii) to
include performance-based monitoring frequencies.
We are amending 40 CFR 63.1095(b) to reword the type of waste
stream to ``waste streams that contain benzene,'' which is consistent
with the wording in 40 CFR 61.342(c). The change clarifies that this
section specifically applies to ``waste streams'' containing benzene,
not benzene containing streams in general, since there are product
streams that also contain benzene. We are also amending 40 CFR
63.1095(b) to clarify an option for an owner or operator to transfer
waste off-site to another facility for treatment, according to 40 CFR
63.1096.
We are amending 40 CFR 63.1100(g)(1) to address overlapping storage
vessel requirements in 40 CFR part 63, subpart YY, with the
requirements in 40 CFR part 63, subparts G and CC.
We are amending 40 CFR 63.1103(e)(1)(ii)(J) by removing the term
``furnace stack,'' because decoking emissions do not exit through the
furnace stack. We are amending 40 CFR 63.1103(e)(2) to include a
definition of ``organic HAP'' that identifies organic HAP as those
compounds listed in Table 1 to 40 CFR part 63, subpart XX.
We are amending 40 CFR 63.1103(g)(3) to clarify our intent that
transfer racks at an ethylene affected source that are also subject to
either 40 CFR part 63, subpart G, or 40 CFR part 61, subpart BB, are
only required to comply with the requirements of 40 CFR part 63,
subpart YY.
III. Rule Language Clarifications
Paragraphs (b) and (e) of 40 CFR 63.1084 contain provisions that
exempt heat exchange systems that contain less than 5 percent HAP by
weight in either an intervening fluid or process fluid. We have been
asked to clarify the frequency intended for determining the HAP content
for the purpose of establishing or maintaining the exempt status of a
heat exchange system. The HAP content must be determined prior to
claiming the exemption. Thereafter, the HAP
[[Page 19269]]
content must be determined whenever you are relying on the exemption
and have reason to believe that the HAP content may be in excess of 5
percent. In general, if you make a process or operating change that
would nullify the exemption and would, therefore, need to be identified
as part of the affected source subject to 40 CFR part 63, subpart XX,
you would make a determination shortly after the change is made and
report the determination in the next semiannual report. Likewise, any
determinations necessary to document continued exempt status following
any process or operational changes that could affect the HAP content of
the process fluid or intervening fluid should follow the same schedule.
Along these same lines, if you do not make a process or operating
change that could increase the HAP content of the process or
intervening fluid, and you reasonably believe that the initial
demonstration of exempt status is valid, you do not need to perform
another determination. The periodic reporting requirements and schedule
are specified in 40 CFR 63.1110(e) and (f).
In response to stakeholder questions, we are clarifying that at
facilities with total annual benzene (TAB) quantities less than the 10
megagrams per year (Mg/yr) (the applicability threshold of the Benzene
Waste Operations NESHAP in 40 CFR part 61, subpart FF), the provisions
of 40 CFR part 63, subpart XX, require control of two benzene waste
streams as specified in Sec. 63.1095(b)(1), and require control of
continuous butadiene waste streams meeting the concentration and flow
rate criteria at any benzene level (under 40 CFR 63.1095(a)(3)).
Section 63.1095(b)(1) requires facilities whose TAB quantity from waste
is less than 10 Mg/yr to manage and treat the two named benzene waste
streams--spent caustic waste streams and dilution steam blowdown waste
streams--according to 40 CFR 61.342(c)(1) through (c)(3)(i). Facilities
with a TAB quantity from waste of 10 Mg/yr or greater must comply with
the requirements of 40 CFR 63.1095(b)(2). These requirements are
explained in the July 12, 2002, preamble to the final rule (67 FR
46265). Section 112 of the CAA requires standards for control of HAP,
not only benzene; hence, all facilities subject to the Ethylene
Production NESHAP (regardless of TAB quantity) are required to control
continuous butadiene waste streams, as required in 40 CFR 63.1095(a).
We are clarifying the intent of provisions regarding overlapping
provisions for leak detection and repair requirements for ethylene
manufacturing process units (EMPU) as established by 40 CFR part 63,
subpart UU. Equipment within an EMPU may potentially be regulated by
several other equipment leak regulations, such as 40 CFR part 61,
subparts J and V; 40 CFR part 60, subpart VV; and 40 CFR part 63,
subpart H. To address this overlap, the regulations provide that in
cases where 40 CFR part 63, subpart UU, overlaps the other
requirements, the equipment need only comply with the subpart UU
requirements, since subpart UU is at least as stringent as the
overlapping regulations. For ease in compliance, we understand that
some affected sources may wish to comply with subpart UU requirements
for equipment leaks for the entire EMPU, even for equipment not in HAP
service. In these cases, the owner or operator should specify the use
of 40 CFR part 63, subpart UU, for the entire EMPU in the Notification
of Compliance Status report required by 40 CFR 63.1110(a)(4).
We are clarifying the intent of the exclusions contained in 40 CFR
63.1100(e)(1)(iii) and how they relate to the overlap requirements. For
process units that are currently regulated under other subparts of 40
CFR part 63, Sec. 63.1100(g) provides provisions when applicability of
40 CFR part 63, subpart YY, and other subparts of 40 CFR parts 60, 61
and 63 overlap, allowing sources to elect which subpart to comply with
in some cases. In respect to facilities that produce ethylene, these
exclusions and overlap provisions were intended for facilities that
have collocated process units currently subject to other 40 CFR part 63
subparts in addition to their ethylene production units. For example, a
facility could have a refinery subject to 40 CFR part 63, subpart CC
(Petroleum Refinery NESHAP), in addition to an ethylene production
unit, and within the refinery operations there is equipment that
separates propylene from the refinery gas stream, but the product
propylene is not intended for, or used in, ethylene production. The
equipment in question, while performing a function that is common to
ethylene manufacturing, is already regulated under the Petroleum
Refinery NESHAP (40 CFR part 63, subpart CC) and may be excluded from
the Ethylene Production NESHAP (40 CFR part 63, subpart YY)
applicability on that basis. Our overall intent is to avoid duplication
and confusion in monitoring, recordkeeping and reporting requirements
by requiring that process equipment that is potentially subject to more
than one 40 CFR part 63 subpart must be in compliance with one subpart,
but (pursuant to these exclusion and overlap provisions) need not
comply with multiple subparts. These provisions and exclusions do not
authorize noncompliance with any of the 40 CFR part 63 requirements for
a source that would otherwise be subject to one or more 40 CFR part 63
subparts.
We are clarifying that small containers, portable bins and portable
tanks are not included in the definition of ``storage vessel or tank''
found in 40 CFR 63.1101 since the definition applies to ``* * * a
stationary unit * * *.'' It was not our intent to regulate the small
containers, portable bins and portable tanks, and we believe that by
distinguishing that the vessels must be stationary is adequate for
determining regulated vessels.
Section 63.1105(h)(1) of 40 CFR part 63 requires ``the pressure
test procedures specified in Method 27 of appendix A to 40 CFR part
60'' to test for vapor tightness. Vapor tight, as defined in 40 CFR
63.1105(d)(2), means that the pressure in the tank will not drop more
than 750 pascals within 5 minutes after it is pressurized to a minimum
of 4,500 pascals. This regulatory wording clearly requires you to test
for vapor tightness using the pressure test procedures described in
Method 27 and does not require a vacuum test. We confirm that it is our
intent to require only pressure testing. The appropriate pressure test
is described in 40 CFR part 60, appendix A, section 8.2.2 of Method 27,
and the vacuum test described in section 8.2.3 of Method 27 is not
required.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether the regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
[[Page 19270]]
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that the direct final rule amendments are
not a ``significant regulatory action'' under the terms of Executive
Order 12866 and, therefore, are not subject to review by OMB.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
The direct final rule amendments result in no changes to the
information collection requirements of the standards or guidelines and
will have no impact on the information collection estimate of project
cost and hour burden made at the time these rule were promulgated.
Therefore, the information collection requests have not been revised.
The OMB has previously approved the information collection requirements
contained in 40 CFR part 63, subpart YY under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq, and assigned OMB
control number 2060-0420 (EPA ICR 1871.02) for Acrylic and Modacrylic
Fiber Production, and OMB control number 2060-0489 for Ethylene
Production (EPA ICR 1983.02).
Copies of the Information Collection Request (ICR) document(s) may
be obtained from Susan Auby by mail at U.S. EPA, Office of
Environmental Information, Collection Strategies Division (2822T), 1200
Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at
auby.susan@epa.gov, or by calling (202) 566-1672. A copy may also be
downloaded off the Internet at http://www.epa.gov/icr.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with the direct final rule
amendments. For purposes of assessing the impacts of today's direct
final rule amendments on small entities, a small entity is defined as:
(1) A small business in the North American Industrial Classification
System (NAICS) code 325 that has up to 500; (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 which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's direct final rule
amendments on small entities, we have concluded that this action will
not have a significant economic impact on a substantial number of small
entities. The direct final rule amendments will not impose any
requirements on small entities. The direct final rule amendments
provide clarifications and corrections to previously issued rules.
Before promulgating the rule on acrylic and modacrylic fiber production
in 1999 (64 FR 34863), we concluded that each standard applied to five
or fewer major sources. In addition, we conducted a limited assessment
of the economic effect of the proposed standards on small entities that
showed no adverse economic effect for any small entities within any of
these source categories. Similarly, before promulgating the rules on
ethylene production in 2002 (67 FR 46258), we determined that there
were no small entities affected by those rules.
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, we
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 by the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires us to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows us to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if we
publish with the final rule an explanation why that alternative was not
adopted.
Before we establish any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, we must develop a small government agency plan under
section 203 of the UMRA. 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 our regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
We have determined that the direct final rule amendments do not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any 1 year. Thus, the direct final
rule amendments are not subject to the requirements of section 202 and
205 of the UMRA. In addition, we have determined that the direct final
rule amendments contain no regulatory requirements that might
significantly or uniquely affect small governments because they contain
no requirements that apply to small governments or impose obligations
on them.
E. Executive Order 13132: Federalism
Executive Order 13132 (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
[[Page 19271]]
responsibilities among the various levels of government.''
The direct final rule amendments do not have federalism
implications. They will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
The direct final rule amendments will not impose substantial direct
compliance costs on State or local governments and will not preempt
State law. Thus, Executive Order 13132 does not apply to the direct
final rule amendments.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) requires us
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.''
The direct final rule amendments do not have tribal implications,
as specified in Executive Order 13175. They will not have substantial
direct effects on tribal governments, on the relationship between the
Federal government and Indian tribes, or on the distribution of power
and responsibilities between the Federal government and Indian tribes,
as specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to the direct final rule amendments.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that we have reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, we must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives we considered.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The direct final rule
amendments are not subject to Executive Order 13045 because they are
based on technology performance and not on health and safety risks.
Also, the direct final rule amendments are not ``economically
significant.''
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
The direct final rule amendments are not subject to Executive Order
13211 (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act (NTTAA)
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d)(15 U.S.C. 272 note)
directs us to use voluntary consensus standards in our regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., material specifications, test methods, sampling
procedures, and business practices) developed or adopted by one or more
voluntary consensus bodies. The NTTAA directs us to provide Congress,
through OMB, explanations when we decide not to use available and
applicable voluntary consensus standards.
The direct final rule amendments do not involve modifications to
the technical standards specified in the final rules for Acrylic and
Modacrylic Fiber Production and Ethylene Production. Therefore, we did
not consider the use of any voluntary consensus standards.
J. 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 Congress and to the Comptroller General of the United
States. We will submit a report containing the direct final 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 direct final rule amendments in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. These direct final rule amendments
are not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and Procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: April 7, 2005.
Stephen L. Johnson,
Acting Administrator.
0
For reasons stated in the preamble, title 40, chapter I, part 63 of the
Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--[Amended]
0
2. Section 63.1086 is amended by:
0
a. Revising paragraph (a)(2)(ii);
0
b. Revising paragraph (a)(5);
0
c. Revising paragraph (b)(1)(ii); and
0
d. Revising paragraph (b)(4).
The revisions read as follows:
Sec. 63.1086 How must I monitor for leaks to cooling water?
* * * * *
(a) * * *
(2) * * *
(ii) Monitor weekly for 6 months, both initially and following
completion of a leak repair. Then monitor as provided in paragraph
(a)(2)(ii)(A) or (B) of this section, as appropriate.
(A) If no leaks are detected by monitoring weekly for a 6-month
period, monitor monthly thereafter until a leak is detected.
(B) If a leak is detected, monitor weekly until the leak has been
repaired. Upon completion of the repair, monitor according to the
specifications in paragraph (a)(2)(ii) of this section.
* * * * *
(5) Calculate the average entrance and exit concentrations,
correcting for the addition of make-up water and evaporative losses, if
applicable. Using a one-sided statistical procedure at the 0.05 level
of significance, if the exit mean concentration is at least 10 percent
greater than the entrance mean of the HAP (total or speciated) in Table
1 to this subpart or other representative substance, and the leak is at
least 3.06 kg/hr, you have detected a leak.
(b) * * *
(1) * * *
(ii) Monitor weekly for 6 months, both initially and following
completion of a leak repair. Then monitor as provided in paragraph
(b)(1)(ii)(A) or (B) of this section, as appropriate.
[[Page 19272]]
(A) If no leaks are detected by monitoring weekly for a 6-month
period, monitor monthly thereafter until a leak is detected.
(B) If a leak is detected, monitor weekly until the leak has been
repaired. Upon completion of the repair, monitor according to the
specifications in paragraph (b)(1)(ii) of this section.
* * * * *
(4) Calculate the average entrance and exit concentrations,
correcting for the addition of make-up water and evaporative losses, if
applicable. Using a one-sided statistical procedure at the 0.05 level
of significance, if the exit mean concentration is at least 1 ppmw or
10 percent greater than the entrance mean, whichever is greater, you
have detected a leak.
* * * * *
0
3. Section 63.1095 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising paragraph (b) introductory text; and
0
c. Revising paragraph (b)(2).
The revisions read as follows:
Sec. 63.1095 What specific requirements must I comply with?
* * * * *
(a) Continuous butadiene waste streams. Manage and treat continuous
butadiene waste streams that contain greater than or equal to 10 ppmw
1,3-butadiene and have a flow rate greater than or equal to 0.02 liters
per minute, according to either paragraph (a)(1) or (2) of this
section. If the total annual benzene quantity from waste at your
facility is less than 10 Mg/yr, as determined according to 40 CFR
61.342(a), the requirements of paragraph (a)(3) of this section apply
also.
* * * * *
(b) Waste streams that contain benzene. For waste streams that
contain benzene, you must comply with the requirements of 40 CFR part
61, subpart FF, except as specified in Table 2 to this subpart. You
must manage and treat waste streams that contain benzene as specified
in either paragraph (b)(1) or (2) of this section.
* * * * *
(2) If the total annual benzene quantity from waste at your
facility is greater than or equal to 10 Mg/yr, as determined according
to 40 CFR 61.342(a), you must manage and treat waste streams according
to any of the options in 40 CFR 61.342(c)(1) through (e) or transfer
waste off-site. If you elect to transfer waste off-site, then you must
comply with the requirements of Sec. 63.1096.
Subpart YY--[Amended]
0
4. Section 63.1100 is amended by:
0
a. Revising paragraph (g)(1)(i); and
0
b. Revising paragraph (g)(3) to read as follows:
Sec. 63.1100 Applicability.
* * * * *
(g) * * *
(1) * * *
(i) After the compliance dates specified in Sec. 63.1102, a
storage vessel subject to this subpart YY that is also subject to
subpart G or CC of this part is required to comply only with the
provisions of this subpart YY.
* * * * *
(3) Overlap of this subpart YY with other regulations for transfer
racks. After the compliance dates specified in Sec. 63.1102, a
transfer rack that must be controlled according to the requirements of
this subpart YY and either subpart G of this part or subpart BB of 40
CFR part 61 is required to comply only with the transfer rack
requirements of this subpart YY.
* * * * *
0
5. Section 63.1103 is amended by:
0
a. Revising paragraph (e)(1)(ii)(J); and
0
b. Adding the term ``Organic HAP'' in alphabetical order to paragraph
(e)(2) to read as follows:
Sec. 63.1103 Source category-specific applicability, definitions, and
requirements.
* * * * *
(e) * * *
(1) * * *
(ii) * * *
(J) Air emissions from all ethylene cracking furnaces, including
emissions during decoking operations.
* * * * *
(2) * * *
Organic HAP means the compounds listed in Table 1 to subpart XX of
this part.
* * * * *
0
6. Table 3 to Sec. 63.1103(B)(3)(ii) is amended by revising the title
and entries (1)(a) and (2)(a) to read as follows:
Table 3 to Section 63.1103(b)(3)(ii)--What Are My Requirements if I Own
or Operate an Acrylic and Modacrylic Fiber Production Existing or New
Affected Source and Am Complying With Paragraph (b)(3)(ii) of This
Section?
------------------------------------------------------------------------
Then you must control total
If you own or operate . . . organic HAP emissions from the
affected source by . . .
------------------------------------------------------------------------
(1) * * *............................... Meeting all of the following
requirements:
a. Reduce total acrylonitrile
emissions from all affected
storage vessels, process
vents, wastewater streams
associated with the acrylic
and modacrylic fibers
production process unit as
defined in paragraph (b)(2)
of this section, and fiber
spinning lines operated in
your acrylic and modacrylic
fibers production facility to
less than or equal to 0.5
kilograms (kg) of
acrylonitrile per megagram
(Mg) of fiber produced.
b. * * *
(2) * * *............................... Meeting all of the following
requirements:
a. Reduce total acrylonitrile
emissions from all affected
storage vessels, process
vents, wastewater streams
associated with the acrylic
and modacrylic fibers
production process unit as
defined in paragraph (b)(2)
of this section, and fiber
spinning lines operated in
your acrylic and modacrylic
fibers production facility to
less than or equal to 0.25
kilograms (kg) of
acrylonitrile per megagram
(Mg) of fiber produced.
b. * * *
* * * * * * *
------------------------------------------------------------------------
* * * * *
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7. Table 7 to Sec. 63.1103(e) is amended by revising the title and
entries (b)(1) and (g)(1) to read as follows:
[[Page 19273]]
Table 7 to Sec. 63.1103(e).--What Are My Requirements if I Own or Operate an Ethylene Production Existing or
New Affected Source?
----------------------------------------------------------------------------------------------------------------
If you own or operate . . . And if . . . Then you must . . .
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(b) * * *............................ (1) The maximum true vapor (i) * * *
pressure of total organic (ii) * * *
HAP is >=3.4 kilopascals but
< 76.6 kilopascals; and the
capacity of the vessel is
>=95 cubic meters.
* * * * * * *
(g) * * *............................ (1) The waste stream contains (i) * * *
any of the following HAP:
benzene, cumene, ethyl
benzene, hexane,
naphthalene, styrene,
toluene, o-xylene, m-xylene,
p-xylene, or 1,3-butadiene.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 05-7404 Filed 4-12-05; 8:45 am]
BILLING CODE 6560-50-P