[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Rules and Regulations]
[Pages 28360-28365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9594]
[[Page 28359]]
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Part II
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Asphalt
Processing and Asphalt Roofing Manufacturing; Direct Final Rule and
Proposed Rule
Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Rules
and Regulations
[[Page 28360]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0035; FRL-7911-6]
RIN 2060-AM10
National Emission Standards for Hazardous Air Pollutants: Asphalt
Processing and Asphalt Roofing Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; amendments.
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SUMMARY: The EPA is taking direct final action on amendments to the
national emission standards for hazardous air pollutants (NESHAP) for
asphalt processing and asphalt roofing manufacturing, which were issued
on April 29, 2003 under section 112 of the Clean Air Act (CAA). These
amendments correct minor errors and add a clarifying exemption
inadvertently omitted in the final rule. We are issuing these
amendments as a direct final rule, without prior proposal, because we
view the revisions as noncontroversial and anticipate no significant
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 emission standards for asphalt
processing and asphalt roofing manufacturing, if significant adverse
comments are filed.
If we receive any adverse comments on a specific element of the
direct final rule, 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and which amendments are being withdrawn due to adverse comment. We
will address all public comments in a subsequent final rule based on
the proposed rule. Any of the distinct amendments in the direct final
rule for which we do not receive adverse comment will become effective
on the date set out below. We will not institute a second comment
period on the direct final rule. Any parties interested in commenting
must do so at this time.
DATES: The direct final rule will be effective on August 15, 2005
without further notice, unless EPA receives significant adverse written
comments by June 16, 2005, or by July 1, 2005, if a public hearing is
requested. If EPA receives such comments, it will publish a timely
withdrawal in the Federal Register indicating which provisions will
become effective and which provisions are being withdrawn due to
adverse comment.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0035, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: [email protected].
Fax: (202) 566-1741.
Mail: EPA Docket Center, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Please include a duplicate copy, if possible.
Hand Delivery: Air and Radiation Docket, Environmental
Protection Agency, 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-2002-0035.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov websites are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. 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. Rick Colyer, Minerals and
Inorganic Chemicals Group, Emission Standards Division (C504-05), U.S.
EPA, Research Triangle Park, North Carolina 27711; telephone number
(919) 541-5262; facsimile number (919) 541-5600; electronic mail
address [email protected].
SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities
potentially regulated by this action include:
[[Page 28361]]
Table 1.--Regulated Categories and Entities
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NAICS \a\ SIC \b\
Category ------------------------------------------------------------------------------------------------------------------
Code Description Code Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
Manufacturing........................ 324122 Asphalt shingle and coating materials 2952 Asphalt felts and coatings.
manufacturing.
Manufacturing........................ 32411 Petroleum refineries......................... 2911 Petroleum refining.
Federal Government................... Not affected
Not affected
State/Local/Tribal Government........ Not affected
Not affected
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\a\ North American Information Classification System.
\b\ Standard Industrial Classification Code.
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 Sec. Sec. 63.8681 and
63.8682 of the final rule. If you have any questions regarding the
applicability of this action 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 today's action will be posted on the Technology
Transfer Network's (TTN) policy and guidance information page http://www.epa.gov/ttn/caaa. The TTN provides information and technology
exchange in various areas of air pollution control.
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of the direct final rule is available only on the filing of a
petition for review in the U.S. Court of Appeals for the District of
Columbia Circuit by July 18, 2005. Under section 307(d)(7)(B) of the
CAA, only an objection to the direct final rule 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 that are subject to today's action may not be
challenged later in civil or criminal proceedings brought by EPA to
enforce these requirements.
Outline. The information presented in this preamble is organized as
follows:
I. Background
A. Technical Corrections
B. Nonapplicability Clarification
II. 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 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
The EPA promulgated national emission standards for hazardous air
pollutants for asphalt processing and asphalt roofing manufacturing on
April 29, 2003 (68 FR 22975) (reprinted on May 7, 2003 at 68 FR 24562).
Today's action includes amendments to correct errors in definitions and
equations and adds language to one other provision (relating to
applicability) so that the rule language conforms to the preamble
discussion to the final rule. We are also adding an exemption to
applicability to another rule inadvertently omitted from the final
rule.
A. Technical Corrections
The promulgated rule contains definitions for Group 1 and Group 2
asphalt loading racks and asphalt storage tanks. A Group 1 loading rack
currently is defined as one that loads asphalt with a maximum
temperature of 260 [deg]C (500 [deg]F) or greater or with a maximum
true vapor pressure of 10.4 kiloPascals (kPa)(1.5 pounds per square
inch absolute (psia)) or greater. Similarly, a Group 1 asphalt storage
tank currently is defined as one that stores asphalt with a maximum
temperature of 260 [deg]C (500 [deg]F) or greater or with a maximum
true vapor pressure of 10.4 kPa (1.5 pounds psia) or greater.
Furthermore, in the final rule, we define a Group 2 asphalt loading
rack as one that loads asphalt with a maximum temperature less than 260
[deg]C (500 [deg]F) or with a maximum true vapor pressure less than
10.4 kPa (1.5 psia). However, because the Group 2 definition also
contains an ``or,'' it creates the situation where a loading rack could
fit both definitions. A Group 2 asphalt storage tank is defined in the
promulgated rule as any tank that is not a Group 1 tank. The Group 2
asphalt loading rack should have had parallel language; that is, a
Group 2 asphalt loading rack should have been defined simply as any
asphalt loading rack that was not a Group 1 loading rack in order to
make Group 1 and Group 2 mutually exclusive.
However, an additional wording problem exists with the definitions
of Group 1 asphalt loading rack and storage tank. Both definitions in
the promulgated rule specify that loading racks or storage tanks that
load or store asphalt at or greater than a certain temperature or
pressure are considered to be Group 1. This creates the unintended
problem of having to determine both temperature and pressure of the
asphalt being loaded or stored to determine whether the tank or loading
rack is Group 1 or Group 2. As stated in the preamble to the final rule
(68 FR 23471, May 7, 2003), because of the testing problems associated
with determining vapor pressure, we specify in the final rule that
owners or operators could monitor temperature ``* * * instead of
requiring facilities to physically measure asphalt vapor pressure.'' To
achieve the intended consequence of measuring temperature instead of
vapor pressure of the asphalt, the wording in the Group 1 definitions
should have been that both the temperature and vapor pressure criteria
must be met before the loading rack or storage tank can be designated
as a Group 1 emission point, so that if either the temperature or vapor
pressure did not exceed the maximum value, the emission point would not
be a Group 1 point. Thus, the owner or operator could use temperature
alone to determine if an emission point was not considered Group 1, as
stated in the preamble. Accordingly, we are revising the definitions
for the Group 1 asphalt storage tanks and loading racks as those that
load/store asphalt with a maximum temperature of 260 [deg]C (500
[deg]F) or greater and with a maximum true vapor pressure of 10.4 kPa
(1.5 pounds psia) or greater.
[[Page 28362]]
Table 2 provides a decision matrix for determining Group 1 and
Group 2 storage tanks and loading racks.
Table 2.--Decision Matrix for Determining Storage Tank and Loading Rack
Group
------------------------------------------------------------------------
VP < 10.4 kPa VP >= 10.4 kPa
------------------------------------------------------------------------
Temp < 260 [deg]C................. Group 2 Group 2.
Temp >= 260 [deg]C................ Group 2 Group 1.
------------------------------------------------------------------------
We are also revising the wording of the definition of Group 2
asphalt loading racks to parallel that of Group 2 asphalt storage
tanks. These changes should have no effect other than to ease the
measurement burden for owners and operators.
We are also making a correction to the unit conversion constant, K,
in Equation 4. The promulgated rule establishes K as 3.00E-05 (parts
per million volume (ppmv)) -\1\ (gram-mole/standard cubic
meter) (kilogram/gram) (minutes/hour). We have since determined that
this is incorrect, both in value and in units. The correct value and
units for K should be 1.10E-04 (ppmv) -\1\ (kilogram/
standard cubic meter) (minutes/hour).
We are correcting a cite in footnote ``a'' to table 5 to subpart
LLLLL. The last sentence of footnote ``a'' references the data
reduction requirements in ``Sec. 63.9(g).'' The reference should be
``Sec. 63.8(g), Reduction of monitoring data.''
Finally, we removed English units from several equations that were
based on metric units.
B. Nonapplicability Clarification
Several commenters on the proposed rule (66 FR 58610, November 21,
2001) wanted to ensure that emissions from the blowing still combusted
in a thermal oxidizer would not be considered a fuel gas and become
potentially subject to the sulfur requirements of 40 CFR part 60,
subpart J, Standards of Performance for Petroleum Refineries. Asphalt
can contain some amounts of sulfur. Subpart J contains provisions that
limit sulfur oxide emissions from the combustion of fuel gases at a
refinery. We agree with the commenters that the addition of a
combustion device to control blowing still emissions as required by the
asphalt rule should not trigger the requirements of another rule. We
also note that while asphalt blowing can occur at a refinery, it is not
considered a refinery process subject to subpart J. In our background
information document responding to comments on the proposed rule
(National Emission Standards for Hazardous Air Pollutants: Asphalt
Processing and Asphalt Roofing Manufacturing-Background Information
Document for Promulgated Standards, EPA-453/R-03-005, section 2.11.1),
we stated that we were going to clarify explicitly that blowing still
emissions are not subject to the fuel gas requirements of subpart J.
However, we failed to add that provision to the final rule. Today's
amendments correct that inadvertent omission.
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
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 a ``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;
(3) Materially alter the budgetary impact of entitlement, 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.
Pursuant to the terms of Executive Order 12866, it has been
determined that the direct final amendments do not constitute a
``significant regulatory action'' because they do not meet any of the
above criteria. Consequently, this action was not submitted to OMB for
review under Executive Order 12866.
B. Paperwork Reduction Act
The information collection requirements in the final rule (68 FR
22975, April 29, 2003) were submitted to and approved by OMB under the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and assigned OMB
control number 2060-0520. An Information Collection Request (ICR)
document was prepared by EPA (ICR No. 2029.02) and a copy may be
obtained from Susan Auby by mail at Office of Environmental Information
Collection Strategies Division (MD-2822T), 1200 Pennsylvania Avenue,
NW., Washington DC 20460, by email at [email protected], or by calling
(202) 566-1672. A copy may also be downloaded from the Internet at
http://www.epa.gov/icr.
Today's action makes clarifying changes to the final rule and
imposes no new information collection requirements on the industry.
Because there is no additional burden on the industry as a result of
the direct final rule amendments, the ICR has not been revised.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or 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 purpose 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 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 number for EPA's
regulations in 40 CFR part 63 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 Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's direct final rule
amendments on small entities, a small entity is defined as: (1) A small
business that is primarily engaged in the processing of asphalt or the
manufacture of asphalt roofing materials according to Small Business
Administration (SBA) size standards by NAICS code (in this case, less
than 750 employees for affected businesses classified in NAICS code
324122, Asphalt Shingles and Coating Materials Manufacturing and less
than
[[Page 28363]]
1,500 employees for businesses in NAICS code 32411, Petroleum
Refineries); (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 that is independently owned and operated
and is not dominant in its field.
In determining whether a rule has a significant economic impact on
a substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analysis is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' (5 U.S.C. Sections 603
and 604.) Thus, an agency may conclude that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule. The
amendments in today's direct final rule improve the emission standards
by correcting errors and omissions. These changes should have no effect
other than to ease the measurement burden for owners and operators. In
addition, we are making a correction to the unit conversion constant, a
cite in footnote ``a'' to table 5, and removed English units from
several equations that were based on metric units. After considering
the economic impacts of today's direct final rule amendments on small
entities, EPA has concluded that this action will not have a
significant economic impact on a substantial number of small entities.
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
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
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 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 the EPA 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 the EPA
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 the EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, including
tribal governments, it 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.
The EPA has determined that the direct final rule amendments
contain no Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments, in the
aggregate, or to the private sector in any 1 year. Thus, today's direct
final rule amendments are not subject to sections 202 and 205 of the
UMRA. The EPA has also determined that the direct final rule amendments
contain no regulatory requirements that might significantly or uniquely
affect small governments. Thus, today's direct final rule amendments
are not subject to the requirements of section 203 of the UMRA.
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 responsibilities among the various levels
of government.''
The direct final rule amendments do not have federalism
implications and 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.
None of the affected facilities are owned or operated by State
governments. 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 EPA
to develop an accountable process to ensure ``meaningful and timely
input in the development of regulatory policies on matters 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.
No tribal governments own or operate facilities subject to the NESHAP.
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 EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA 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 considered by the Agency.
The 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 or safety risks.
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,
[[Page 28364]]
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because they
are not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272 note) directs EPA
to use voluntary consensus standards in its regulatory activities
unless to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures,
business practices) developed or adopted by one or more voluntary
consensus bodies. The NTTAA directs EPA to provide Congress, through
annual reports to the OMB, with explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
The direct final rule amendments do not involve technical standards
and, therefore, are not subject to the NTTAA.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement 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. The EPA will submit a report containing the 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 the publication of the direct final rule amendments in today's
Federal Register. The direct final rule amendments are not a ``major
rule'' as defined by 5 U.S.C. 804(2). The final rule amendments will be
effective August 15, 2005.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: May 6, 2005.
Stephen L. Johnson,
Acting Administrator.
0
For the 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 LLLLL--[AMENDED]
0
2. Section 63.8681 is amended by redesignating paragraph (e) as (f) and
adding a new paragraph (e) to read as follows:
Sec. 63.8681 Am I subject to this subpart?
* * * * *
(e) The provisions of subpart J of 40 CFR part 60 do not apply to
emissions from asphalt processing facilities subject to this subpart.
* * * * *
0
3. Section 63.8687 is amended by revising paragraphs (e)(1) and (e)(2)
to read as follows:
Sec. 63.8687 What performance tests, design evaluations, and other
procedures must I use?
* * * * *
(e) * * *
(1) To determine compliance with the particulate matter mass
emission rate, you must use Equations 1 and 2 of this section as
follows:
[GRAPHIC] [TIFF OMITTED] TR17MY05.000
Where:
E = Particulate matter emission rate, kilograms of particulate matter
per megagram of roofing product manufactured.
MPM = Particulate matter mass emission rate, kilograms per
hour, determined using Equation 2.
P = The asphalt roofing product manufacturing rate during the emissions
sampling period, including any material trimmed from the final product,
megagram per hour.
[GRAPHIC] [TIFF OMITTED] TR17MY05.001
Where:
MPM = Particulate matter mass emission rate, kilograms per
hour.
C = Concentration of particulate matter on a dry basis, grams per dry
standard cubic meter (g/dscm), as measured by the test method specified
in Table 3 to this subpart.
Q = Vent gas stream flow rate (dry standard cubic meters per minute) at
a temperature of 20 [deg]C as measured by the test method specified in
Table 3 to this subpart.
K = Unit conversion constant (0.06 minute-kilogram/hour-gram).
(2) To determine compliance with the total hydrocarbon percent
reduction standard, you must use Equations 3 and 4 of this section as
follows:
[GRAPHIC] [TIFF OMITTED] TR17MY05.002
Where:
RE = Emission reduction efficiency, percent.
MTHCi = Mass flow rate of total hydrocarbons entering the
control device, kilograms per hour, determined using Equation 4.
MTHCo = Mass flow rate of total hydrocarbons exiting the
control device, kilograms per hour, determined using Equation 4.
[GRAPHIC] [TIFF OMITTED] TR17MY05.003
Where:
MTHC = Total hydrocarbon mass flow rate, kilograms per hour.
C = Concentration of total hydrocarbons on a dry basis, parts per
million by volume (ppmv), as measured by the test method specified in
Table 3 to this subpart.
Q = Vent gas stream flow rate (dscm/minute) at a temperature of 20
[deg]C as measured by the test method specified in Table 3 to this
subpart.
K = Unit conversion constant (1.10E-04 (ppmv) -1 (kilogram/
dscm)(minute/hour)).
* * * * *
0
4. Section 63.8698 is amended by revising the definitions of Group 1
asphalt loading rack, Group 2 asphalt loading rack, and Group 1 asphalt
storage tank to read as follows:
Sec. 63.8698 What definitions apply to this subpart?
* * * * *
Group 1 asphalt loading rack means an asphalt loading rack that
loads asphalt with a maximum temperature of 260[deg] C (500[deg] F) or
greater and has a maximum true vapor pressure of 10.4
[[Page 28365]]
kiloPascals (kPa) (1.5 pounds per square inch absolute (psia)) or
greater.
Group 2 asphalt loading rack means an asphalt loading rack that is
not a Group 1 asphalt loading rack.
Group 1 asphalt storage tank means an asphalt storage tank that
meets both of the following criteria:
(1) Has a capacity of 177 cubic meters (47,000 gallons) of asphalt
or greater; and
(2) Stores asphalt at a maximum temperature of 260 [deg]C (500
[deg]F) or greater and has a maximum true vapor pressure of 10.4 kPa
(1.5 psia) or greater.
* * * * *
0
5. Footnote ``a'' to Table 5 to Subpart LLLLL is amended by revising
the last sentence as follows:
Tables to Subpart LLLLL of Part 63
* * * * *
Table 5 to Subpart LLLLL of Part 63--Continuous Compliance With
Operating Limits a
* * * * *
\a\ * * * Data from the CEMS and COMS must be reduced as specified
in Sec. 63.8(g).
* * * * *
[FR Doc. 05-9594 Filed 5-16-05; 8:45 am]
BILLING CODE 6560-50-P