[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Rules and Regulations]
[Pages 19266-19273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7404]


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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: [email protected].
     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 [email protected]. 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 [email protected].

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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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 
[email protected], 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. * * *
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
0
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