[Federal Register: April 23, 2008 (Volume 73, Number 79)]
[Proposed Rules]
[Page 21889-21891]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap08-32]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2003-0138, FRL-8557-2]
RIN 2060-AO99
National Emission Standards for Hazardous Air Pollutants: Organic
Liquids Distribution (Non-Gasoline)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to amend the National Emission Standards for
Hazardous Air Pollutants: Organic
[[Page 21890]]
Liquids Distribution (non-gasoline) under section 112 of the Clean Air
Act to clarify combustion control device compliance requirements,
certain storage tank control compliance dates, and vapor balance system
monitoring requirements. In addition, EPA is correcting typographical
errors found in the July 28, 2006, final rule amendments notice.
DATES: Comments. Written comments must be received on or before June 9,
2008.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing by May 5, 2008, a public hearing will be held on May 8,
2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0138, by mail to Air and Radiation Docket (2822T), 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies. Comments may also be submitted electronically or through
hand delivery/courier by following the detailed instructions in the
ADDRESSES section of the direct final rule located in the rules section
of this Federal Register.
We request that you also send a separate copy of each comment to
the contact persons listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: 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: Why is EPA issuing this proposed rule? This
document proposes to take action on the National Emission Standards for
Hazardous Air Pollutants: Organic Liquids Distribution (non-gasoline)
(OLD NESHAP). We are proposing to amend the OLD NESHAP to clarify the
applicable compliance dates for certain work practice standards for
storage tanks and correct typographical errors found in the July 28,
2006, final rule amendments notice. We have published a parallel direct
final rule in the Regulations and Rules section of this Federal
Register because we view this as a noncontroversial action and
anticipate no adverse comment. We have explained our reasons for this
action in the preamble to the direct final rule.
If we receive no adverse comment and no request for a public
hearing on the parallel direct final rule, we will not take further
action on this proposed rule. If we receive adverse comment on a
distinct portion of the direct final rule, we will withdraw that
portion of the rule and it will not take effect. In this instance, we
would address all public comments in any subsequent final rule based on
this proposed rule.
If we receive adverse comment on a distinct provision of the direct
final rule, we will publish a timely withdrawal in the Federal Register
indicating which provisions we are withdrawing. The provisions that are
not withdrawn will become effective on the date set out in the direct
final rule, notwithstanding adverse comment on any other provision.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
Regulated Entities. Categories and entities potentially regulated
by this action include:
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Examples of potentially regulated
Category NAICS* code entities
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Industry................................. 325211, 325192, 325188, Operations at major sources that
32411, 49311, 49319, 48611, transfer organic liquids into or out
42269, 42271. 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.
Federal Government....................... ............................ Federal agency facilities that operate
any of the types of entities listed
under the ``industry'' category in
this table.
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* 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
action. 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 action 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.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Ms.
Janet Eck, U.S. EPA, Office of Air Quality Planning and Standards,
Sector Policies and Programs Division, Coatings and Chemicals Group
(E143-01), Research Triangle Park, NC 27711; telephone number: (919)
541-7946, e-mail address: eck.janet@epa.gov, at least 2 days in advance
of the potential date of the public hearing. If a public hearing is
held, it will be held at 10 a.m. at EPA's Campus located at 109 T.W.
Alexander Drive in Research Triangle Park, NC, or an alternate site
nearby. If no one contacts EPA requesting to speak at a public hearing
concerning this rule by May 5, 2008, this hearing will be cancelled
without further notice.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's proposal will also be available through
the WWW. Following the Administrator's signature, a copy of this action
will be posted on EPA's Technology Transfer Network (TTN) policy and
guidance page for newly proposed or promulgated rules at http://
www.epa.gov/ttn/oarpg/. The TTN at EPA's Web site provides information
and technology exchange in various areas of air pollution control.
Statutory and Executive Order Reviews
For a complete discussion of all of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the Agency certifies
[[Page 21891]]
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 rule
amendments 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.
The proposed rule amendments will not impose any new requirements
on small entities, and, therefore, will have no significant adverse
economic impact on subject small entities. The Administrator certifies
that this action will not have a significant economic impact on a
substantial number of small entities.
We continue to be interested in the potential impacts of the
proposed rule amendments on small entities and welcome comments on
issues related to such impacts.
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 16, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-8811 Filed 4-22-08; 8:45 am]
BILLING CODE 6560-50-P