[Federal Register: July 17, 2008 (Volume 73, Number 138)]
[Rules and Regulations]
[Page 40977-40982]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy08-13]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2003-0138; FRL-8693-9]
RIN 2060-AO99
National Emission Standards for Hazardous Air Pollutants: Organic
Liquids Distribution (Non-Gasoline)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; partial withdrawal of direct final rule;
amendments.
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SUMMARY: EPA published proposed and direct final rule amendments on
April 23, 2008, of the national emission standards for hazardous air
pollutants for organic liquids distribution (non-gasoline), which EPA
promulgated on February 3, 2004, and amended on July 28, 2006. Because
adverse comments were received on two of the April 23, 2008, proposed
and direct final rule amendments, EPA is withdrawing the two
corresponding regulatory amendments in the direct final rule before
they become effective on July 22, 2008. The other regulatory amendments
discussed in the direct final rule, for which we did not receive any
adverse comments, will become effective on July 22, 2008, as we stated
in that notice. In addition, in this action EPA is promulgating final
rule amendments regarding the provisions that were commented upon and
withdrawn, and responds to the adverse comments we received.
Additionally we are correcting typographical errors that we have
identified in other sections of the rule text that were not addressed
in the April 23, 2008, notices.
DATES: As of July 17, 2008, EPA withdraws the direct final rule
revision for 40 CFR 63.2358(b)(1) and (c)(1), and Table 10 to Subpart
EEEE of Part 63 entries 4. and 6., published on April 23, 2008 (79 FR
21825). The final rule amendments in this action are effective on July
17, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2003-0138. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, will be
publicly available only in hard copy. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Air and Radiation Docket,
EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Air and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT:
General and Technical Information: Mr. Stephen Shedd, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Coatings and Chemicals Group (E143-01), EPA, Research Triangle Park, NC
27711, telephone: (919) 541-5397, facsimile number: (919) 685-3195, e-
mail address: shedd.steve@epa.gov.
Compliance Information: Ms. Marcia Mia, Office of Compliance, Air
Compliance Branch (2223A), EPA, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, telephone: (202) 564-7042, facsimile
number: (202) 564-0050, e-mail address: mia.marcia@epa.gov.
SUPPLEMENTARY INFORMATION:
Outline: The information presented in this preamble is organized as
follows:
I. General Information
II. Background
III. What action is EPA taking?
IV. Withdrawal of Two Direct Final Rule Amendments
V. Rationale for These Final Rule Amendments
A. Storage Tank Compliance Date
B. Monitoring of Storage Tank Pressure Relief Devices
C. Typographical Errors
VI. 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. General Information
A. Does this action apply to me?
Categories and entities potentially regulated by this action
include:
----------------------------------------------------------------------------------------------------------------
Category NAICS* code Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry........................................ 325211, 325192, 325188, Operations at major sources that
32411, 49311, 49319, transfer organic liquids into or
48611, 42269, 42271 out of the plant site, including:
liquid storage terminals, crude
oil pipeline stations, petroleum
refineries, chemical manufacturing
facilities, and other
manufacturing facilities with
collocated OLD operations.
[[Page 40978]]
Federal Government.............................. ......................... Federal agency facilities that
operate any of the types of
entities listed under the
``industry'' category in this
table.
----------------------------------------------------------------------------------------------------------------
* North American Industry Classification System/Considered to be the primary industrial codes for the plant
sites with OLD operations.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
final rule. To determine whether your facility is regulated by this
action, you should examine the applicability criteria in 40 CFR part
63, subpart EEEE. If you have any questions regarding the applicability
of this final rule to a particular entity, consult either the air
permit authority for the entity or your EPA regional representative as
listed in 40 CFR 63.13.
B. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this final rule is also available on the Worldwide Web through the
Technology Transfer Network (TTN). Following signature, a copy of this
final rule will be posted on the TTN's policy and guidance page for
newly proposed or promulgated rules at the following address: http://
www.epa.gov/ttn/oarpg. The TTN provides information and technology
exchange in various areas of air pollution control.
C. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this final rule is available only by filing a petition for review in
the United States Court of Appeals for the District of Columbia Circuit
by September 15, 2008. Under section 307(b)(2) of the CAA, the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.
Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an
objection to a rule or procedure which was raised with reasonable
specificity during the period for public comment (including any public
hearing) may be raised during judicial review.'' This section also
provides a mechanism for us to convene a proceeding for
reconsideration, ``[i]f the person raising an objection can demonstrate
to the Administrator that it was impracticable to raise such objection
within [the period for public comment] or if the grounds for such
objection arose after the period for public comment (but within the
time specified for judicial review) and if such objection is of central
relevance to the outcome of the rule.'' Any person seeking to make such
a demonstration to us should submit a Petition for Reconsideration to
the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a
copy to both the persons(s) listed in the preceding FOR FURTHER
INFORMATION CONTACT section, and the Associate General Counsel for the
Air and Radiation Law Office, Office of General Counsel (Mail Code
2344A), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
II. Background
On February 3, 2004 (69 FR 5063), EPA promulgated the National
Emission Standards for Hazardous Air Pollutants: Organic Liquids
Distribution (Non-Gasoline) (OLD NESHAP) (40 CFR part 63, subpart EEEE)
pursuant to section 112 of the CAA. In response to several petitions
for administrative reconsideration of the OLD NESHAP and several
petitions for judicial review filed with the United States Court of
Appeals for the District of Columbia Circuit, and pursuant to a
settlement agreement between some of the parties to the litigation, EPA
proposed amendments to subpart EEEE on November 14, 2005 (70 FR 69210).
On July 28, 2006 (71 FR 42898), EPA promulgated amendments to subpart
EEEE based on consideration of the comments received on the proposed
amendments.
On April 23, 2008 (79 FR 21825 and 21889, respectively), we
published a direct final rule and parallel proposed amendments to
clarify combustion control device compliance requirements, certain
storage tank control compliance dates, and vapor balance system
monitoring requirements. In addition, we corrected several rule text
format, grammatical, and typographical errors.
III. What action is EPA taking?
In summary, under this action, we are withdrawing two of the
amendments we proposed through direct final action on April 23, 2008.
Also, under this action, we are promulgating final amendments to
respond to the adverse comments we received regarding the regulatory
provisions addressed by those comments. Additionally, we are correcting
typographical errors found in the rule text, which were not discussed
in the April 23, 2008, direct final rule and proposed amendments but
have subsequently been identified.
IV. Withdrawal of Two Direct Final Rule Amendments
In the April 23, 2008, direct final rule we said that if we
received adverse comments, we would publish a timely withdraw in the
Federal Register informing the public that this rule, or the relevant
section of this rule, will not take effect. We also stated that the
provisions that are not withdrawn would become effective on July 22,
2008, notwithstanding adverse comment on any other provision, unless we
determined that it would not be appropriate to promulgate those
provisions due to their possibly being affected by the adverse comments
(73 FR at 21825-26). We have determined that the comments we received
affect only the specific regulatory amendments that were addressed by
those comments, and not the other provisions in the direct final
amendments. Accordingly, we are withdrawing only the amendments on
which we received adverse comments.
Before the comment period for the April 23, 2008, direct final rule
and parallel proposal ended on June 9, 2008, we received one comment
letter from industry objecting to how we presented the amended rule
text for compliance dates for storage tanks in Sec. 63.2358(b)(1) and
(c)(1), and the pressure relief device compliance provisions in items
4. and 6. of Table 10 to Subpart EEEE of Part 63--Continuous Compliance
with Work Practice Standards. Therefore, we are withdrawing those
amendments. However, the amendments to regulatory provisions in the
direct final rule for which we did not receive adverse comment will
become effective on July 22, 2008. Also, as discussed below we are
addressing the adverse comments received on the direct final rule and
amending the corresponding provisions that were reflected in the direct
final rule; these amendments are effective as of today. As stated in
the parallel proposal, we will not institute a second comment period on
this action.
[[Page 40979]]
V. Rationale for These Final Rule Amendments
A. Storage Tank Compliance Date
As discussed in the April 23, 2008, direct final rule, we had
intended that existing source storage tanks with floating roofs must
comply with the rim seal requirements at the next degassing and
cleaning activity or within 10 years after February 3, 2004 (by
February 3, 2014), whichever occurs first, instead of requiring
compliance within 3 years, as was required for other sources of
emissions. However, the rule text of Sec. 63.2358(c)(1) for work
practice standards in Table 4 incorrectly provided that all existing
source storage tanks (floating and fixed roof) must comply no later
than 10 years after February 3, 2004. Therefore, in the April 23, 2008,
direct final rule and parallel proposal, we would have amended the rule
to implement our intent that the allowance for ``not later than 10
years after February 3, 2004'' apply to floating roof storage tanks
only. Additionally, in the April 23, 2008, direct final rule and
parallel proposal we would have given fixed roof tanks 3 years (by
April 25, 2011) to comply with the work practice standards since they
need time to plan and install control equipment.
We received a comment in which the commenter agreed with EPA's
intent to clarify the initial compliance date for existing source
storage tanks; however, the commenter said that the proposed language
in Sec. 63.2358(b)(1) and (c)(1) does not clearly capture those
requirements. The commenter also provided suggested rule text changes.
We have considered the commenter's suggested revisions and agree
with the commenter that the revision to Sec. 63.2358(b)(1) in the
April 23, 2008, direct final rule did not adequately accomplish our
intent in revising the rule. Therefore, with some modifications, we
have incorporated the commenter's approach for clarifying the initial
compliance demonstration dates. We also agree with the suggestion to
clarify the rule by providing separate paragraphs (i) and (ii) under
Sec. 63.2358(c)(1) to address floating roof storage tanks separately
from storage tanks without floating roofs.
In addition, we have decided that the requirements would be more
clearly stated if we split the initial compliance dates for emission
limits in Table 2, as specified in Sec. 63.2358(b)(1), into two
separate paragraphs. The commenter thought that the existing rule text
was correct instead of the proposed text, but we believe neither the
proposed nor existing rule text is correct. As currently worded,
section (b)(1) requires the initial compliance demonstration for
storage tanks and transfer racks at existing affected sources complying
with the emission limitations listed in Table 2 to be conducted within
180 days after February 5, 2007. We do not wish to change this initial
compliance demonstration date for transfer racks or for storage tanks
that are complying with the 95 percent emission reduction requirement
of Table 2, item a.i. However, we are changing the initial compliance
demonstration date for storage tanks that are complying with the other
requirements of Table 2 that are cross-referenced to the work practice
standards in Table 4. We are adding paragraph (b)(1)(i) to clearly
specify that storage tanks with an existing internal or external
floating roof, complying with the rim seal requirements (item 1.a.ii.
in Table 2 and item 1.a. in Table 4) must conduct the initial
compliance demonstration the next time the storage tank is emptied and
degassed, but not later than February 3, 2014. We are adding paragraph
(b)(1)(ii) to specify that storage tanks complying with the other work
practice standards (item 1.a.ii. or 6.a.ii in Table 2 and items 1.b.,
1.c., or 2. in Table 4) must comply within 180 days after April 25,
2011.
B. Monitoring of Storage Tank Pressure Relief Devices
In the April 23, 2008, direct final rule and parallel proposal, we
intended to clarify how to monitor pressure relief devices for transfer
racks and storage tanks under the vapor balancing and equipment leak
provisions (Sec. 63.2346(a)(4)(v) and in Table 10 to Subpart EEEE of
Part 63--Continuous Compliance with Work Practice Standards,
respectively). We received a comment stating that in the April 23,
2008, amendments the revised Table 10, item 4.b.i. incorrectly
specifies that transfer rack vapor balance systems use the pressure
relief device specification in Sec. 63.2346(a)(4)(v). The commenter
stated that this quarterly pressure relief device specification only
applies to pressure relief devices associated with storage tanks using
the vapor balancing option and that adding this clarification for
transfer racks to item 4.b.i. creates another requirement that was not
initially specified.
As discussed in the preamble to the April 23, 2008, direct final
rule, our intent in revising Table 10 was to respond to questions
concerning the relationship between the vapor balance system monitoring
requirements for pressure relief devices in the rule text (Sec.
63.2346(a)(4)(v)) and those in Table 10 (item 6.b.i.). Given that both
Table 10 and the rule text of Sec. 63.2346 contained requirements for
the monitoring of vapor balance systems, we made parallel
clarifications to the storage tank and loading rack provisions. The
commenter correctly points out, however, that the pressure relief
requirements of Sec. 63.2346(a)(4)(v) apply only to storage tanks and
not to transfer racks. Upon review of the existing cross-referenced
requirement for transfer racks, we found that Table 10 (item 4.b.i.)
already requires that the owner or operator implement monitoring
requirements under either 40 CFR 63 subparts TT, UU, or H, similar to
those already in this rule for storage tanks. Given the similar
requirements, there is no need to add the transfer rack vapor balance
provisions for pressure relief devices. Thus, in this final action we
are not including amendments for monitoring pressure relief devices for
transfer racks in item 4 of Table 10.
The commenter also pointed out that the last sentence added to the
monitoring requirements for storage tank vapor balance systems (item
6.b.i. of Table 10) incorrectly includes requirements for loading of a
transport vehicle and filling of a container, instead of a storage
tank. We agree and have now reworded the sentence only to include
storage tanks as follows: ``If no loading of a storage tank occurs
during a quarter, then monitoring of the vapor balancing system is not
required.'' Thus, with that modification, we are finalizing the
amendments to pressure relief devices and monitoring of vapor balance
systems for storage tanks (item 6.b.i. in Table 10) discussed in the
direct final rule.
C. Typographical Errors
When analyzing the two adverse comments, we found a typographical
error in Sec. 63.2346(a)(4)(v) that incorrectly refers to Sec.
63.2346(a)(4)(iv)(A) through (C), instead of Sec. 63.2346(a)(4)(v)(A)
through (C). Additionally, a state agency representative pointed out a
second typographical error in Sec. 63.2390(e)(2), (3), and (3)(ii)
that incorrectly refers to Sec. 63.2348(a)(4)(v), (a)(4)(vi)(B), and
(a)(4)(vi)(B), respectively, instead of Sec. 63.2346(a)(4)(v),
(a)(4)(vi)(B), and (a)(4)(vi)(B). All the typographical errors were
found in existing rule text that was not addressed in the notices
published on April 23, 2008. We are making those corrections in this
final rule.
These corrections to typographical errors do not affect the
substance of the rule, nor do they change the rights or obligations of
any party. Rather, this action merely corrects certain technical errors
in the references in the rule. Thus, it is proper to issue these
[[Page 40980]]
corrections to the rule without notice and comment. Section 553 of the
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that,
when an agency for good cause finds that notice and public procedure
are impracticable, unnecessary, or contrary to the public interest, the
agency may issue a rule without providing notice and an opportunity for
public comment. We have determined that there is good cause for making
this action final without prior proposal and opportunity for comment
because the changes to the rule are minor technical corrections, are
noncontroversial, and do not substantively change the agency actions
taken in today's final rule. Thus, notice and public procedure are
unnecessary. We find that this constitutes good cause under 5 U.S.C.
553(b)(B).
VI. 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.
The final amendments clarify, but do not add requirements increasing
the collection burden. However, the Office of Management and Budget
(OMB) has previously approved the information collection requirements
contained in the existing regulations at 40 CFR part 63, subpart EEEE
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et
seq., and has assigned OMB control number 2060-0539. 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 APA 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 this rule on small
entities, a small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (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.
After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. These final
rule amendments will not impose any new requirements on small entities,
since we are clarifying rule text.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 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 to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one 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 the
Administrator publishes 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 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.
This final rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. These final rule amendments clarify
certain provisions and correct typographical errors in the rule text
for a rule EPA determined not to include a Federal mandate that may
result in an estimated cost of $100 million or more (69 FR 5061,
February 3, 2004). These clarifications do not change the level or cost
of the standard. Thus, this final rule 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. These final rule amendments clarify certain provisions and
correct typographical errors in the rule text, thus, should not affect
small governments.
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 final rule 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. The amendments provide
clarification and correct typographical errors. These changes do not
modify existing or create new responsibilities among EPA Regional
Offices, States, or local enforcement agencies. Thus, Executive Order
13132 does not apply to this final rule.
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
[[Page 40981]]
tribal officials in the development of regulatory policies that have
tribal implications.'' This final rule does not have tribal
implications, as specified in Executive Order 13175. The amendments
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. Thus, Executive Order 13175 does not
apply to this rule.
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 it is based
solely on technology performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule 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 of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable VCS.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any VCS.
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. These final rule amendments do not relax the control
measures on sources regulated by the rule and, therefore, will not
cause emissions increases from these sources.
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 the
final rule amendments and other required information to the United
States Senate, the United States House of Representatives, and the
Comptroller General of the United States prior to publication of the
final rule amendments 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).
These final rule amendments will be effective on July 17, 2008.
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: July 10, 2008.
Stephen L. Johnson,
Administrator.
0
For the reasons set out 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 EEEE--[Amended]
0
2. The amendments to Sec. 63.2358(b)(1) and (c)(1), and to entries 4.
and 6. of TABLE 10 TO SUBPART EEEE OF PART 63-CONTINUOUS COMPLIANCE
WITH WORK PRACTICE STANDARDS published on April 23, 2008 (79 FR 21825)
are withdrawn as of July 17, 2008.
Sec. 63.2346 [Amended]
0
3. Section 63.2346 is amended in paragraph (a)(4)(v) introductory text
by removing the citation ``(a)(4)(iv)(A) through (C)'' and adding in
its place the citation ``(a)(4)(v)(A) through (C)''.
0
4. Section 63.2358 is amended by revising paragraphs (b)(1) and (c)(1)
to read as follows:
Sec. 63.2358 By what date must I conduct performance tests and other
initial compliance demonstrations?
* * * * *
(b)(1) For storage tanks and transfer racks at existing affected
sources complying with the emission limitations listed in Table 2 to
this subpart, you must demonstrate initial compliance with the emission
limitations within 180 days after February 5, 2007, except as provided
in paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
(i) For storage tanks with an existing internal or external
floating roof, complying with item 1.a.ii. in Table 2 to this subpart
and item 1.a. in Table 4 to this subpart, you must conduct your initial
compliance demonstration the next time the storage tank is emptied and
degassed, but not later than February 3, 2014.
(ii) For storage tanks complying with item 1.a.ii. or 6.a.ii in
Table 2 of this subpart and item 1.b., 1.c., or 2. in Table 4 of this
subpart, you must comply within 180 days after April 25, 2011.
* * * * *
(c)(1) For storage tanks at existing affected sources complying
with the work practice standard in Table 4 to this subpart, you must
conduct your initial compliance demonstration as specified
[[Page 40982]]
in paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
(i) For storage tanks with an existing internal or external
floating roof, complying with item 1.a. in Table 4 of this subpart, you
must conduct your initial compliance demonstration the next time the
storage tank is emptied and degassed, but not later than February 3,
2014.
(ii) For other storage tanks not specified in paragraph (c)(1)(i)
of this section, you must comply within 180 days after April 25, 2011.
* * * * *
Sec. 63.2390 [Amended]
0
5. Section 63.2390 is amended as follows:
0
a. In paragraph (e)(2) by removing the citation ``Sec.
63.2348(a)(4)(v)'' and adding in its place the citation ``Sec.
63.2346(a)(4)(v)''.
0
b. In paragraph (e)(3) by removing the citation ``Sec.
63.2348(a)(4)(vi)(B)'' and adding in its place the citation ``Sec.
63.2346(a)(4)(vi)(B)''.
0
c. In paragraph (e)(3)(ii) by removing the citation ``Sec.
63.2348(a)(4)(vi)(B)'' and adding in its place the citation ``Sec.
63.2346(a)(4)(vi)(B)''.
0
6. Table 10 to Subpart EEEE of Part 63 is amended by revising entry 6.
to read as follows:
Table 10 to Subpart EEEE of Part 63.--Continuous Compliance With Work Practice Standards
* * * * * * *
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You must demonstrate continuous
For each . . . For the following standard . . . compliance by . . .
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* * * * * * *
6. Storage tank at an existing, a. Route emissions to a fuel gas i. Continuing to meet the
reconstructed, or new affected system or back to the process. requirements specified in Sec.
source meeting any of the tank 63.984(b).
capacity and vapor pressure
criteria specified in Table 2 to
this subpart, items 1 through 6.
b. Install and, during the filling i. Except for pressure relief
of the storage tank with organic devices, monitoring each potential
liquids, operate a vapor balancing source of vapor leakage in the
system. system, including, but not limited
to pumps, valves, and sampling
connections, quarterly during the
loading of a storage tank using the
methods and procedures described in
the rule requirements selected for
the work practice standard for
equipment leak components as
specified in Table 4 to this
subpart, item 4. An instrument
reading of 500 ppmv defines a leak.
Repair of leaks is performed
according to the repair
requirements specified in your
selected equipment leak standards.
For pressure relief devices, comply
with Sec. 63.2346(a)(4)(v). If no
loading of a storage tank occurs
during a quarter, then monitoring
of the vapor balancing system is
not required.
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[FR Doc. E8-16320 Filed 7-16-08; 8:45 am]
BILLING CODE 6560-50-P