[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Rules and Regulations]
[Pages 31372-31376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11400]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2006-0699; FRL-8568-8]
RIN 2060-AO90
Standards of Performance for Equipment Leaks of VOC in the
Synthetic Organic Chemicals Manufacturing Industry; Standards of
Performance for Equipment Leaks of VOC in Petroleum Refineries
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; stay.
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SUMMARY: EPA is taking direct final action on the standards of
performance for equipment leaks of VOC in the Synthetic Organic
Chemicals Manufacturing Industry (SOCMI) and Petroleum Refineries. On
November 16, 2007, EPA promulgated amendments and established new
standards for these industries. Following that action, the
Administrator received a petition for reconsideration. In response to
the petition, EPA granted a stay of certain provisions in the final
amendments and new standards. In this action, EPA is extending the stay
of the requirements under reconsideration until a final decision is
reached on these issues.
DATES: This rule is effective on August 1, 2008 without further notice,
unless EPA receives adverse comment by July 2, 2008 or receives a
request for a public hearing. If EPA receives adverse comment or a
hearing request, we will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0699, by one of the following methods:
www.regulations.gov: Follow the online instructions for
submitting comments.
E-mail: [email protected].
Fax: (202) 566-1741.
Mail: U.S. Postal Service, send comments to: Air and
Radiation Docket (6102T), Docket No. EPA-HQ-OAR-2006-0699,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a total of two copies. In
addition, please mail a copy of your comments on the information
collection provisions to the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for
EPA, 725 17th St., NW., Washington, DC 20460.
Hand Delivery: In person or by Courier, deliver comments
to: Air and Radiation Docket (6102T), EPA West Building, Room B-102,
1301 Constitution Ave., NW., Washington, DC 20004. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0699. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, 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 www.regulations.gov
or e-mail. The www.regulations.gov Web site is an ``anonymous access''
system, 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
www.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
the EPA Docket Center home page at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the Federal
Docket Management System index at www.regulations.gov. 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
through www.regulations.gov or in hard copy at the Air and Radiation
Docket, EPA West Building, Room B-102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Air and Radiation Docket is (202) 566-1742.
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: Ms. Karen Rackley, Coatings and
Chemicals Group, Sector Policies and Programs Division, Office of Air
Quality Planning and Standards (E143-01), Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone number:
(919) 541-0634; fax number: 919 541-0246; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
Organization of This Document. The following outline is provided to
aid in locating information in this preamble.
I. Why is EPA using a direct final rule?
II. Does this action apply to me?
III. What should I consider as I prepare my comments for EPA?
IV. How do I obtain a copy of this document and other related
information?
V. Background Information
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Why is EPA using a direct final rule?
EPA is publishing the action without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, we
[[Page 31373]]
are publishing a separate document that will serve as the proposed rule
to extend the stay if adverse comments are received on this direct
final action. We will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information about commenting on this rule, see the
ADDRESSES section of this document. If EPA receives adverse comment, we
will publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. We would
address all public comments in any subsequent final rule based on the
proposed rule.
II. Does this action apply to me?
Categories and entities potentially regulated by this action are
synthetic organic chemicals manufacturers and petroleum refineries. The
New Source Performance Standards (NSPS) for equipment leaks of VOC in
SOCMI and petroleum refineries affect the following categories of
sources:
------------------------------------------------------------------------
Examples of
Category NAICS code \1\ potentially regulated
entities
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Industry..................... 324110.......... Petroleum refiners.
Primarily 325110, Synthetic organic
325192, 325193, chemical
and 325199. manufacturing
industry (SOCMI)
units, e.g.,
producers of
benzene, toluene, or
any other chemical
listed in 40 CFR
60.489.
------------------------------------------------------------------------
\1\ North American 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 the
final amendments and new standards for equipment leaks of VOC in SOCMI
and petroleum refineries. To determine whether your facility is
regulated by this action, you should examine the applicability criteria
in 40 CFR 60.480, 60.590, 60.480a, and 60.590a. If you have any
questions regarding the applicability of the NSPS to a particular
entity, contact the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
III. What should I consider as I prepare my comments for EPA?
Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information on a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
IV. How do I obtain a copy of this document and other related
information?
Docket. The docket number for this action and the final SOCMI and
petroleum refineries equipment leak NSPS (40 CFR part 60, subparts VV,
VVa, GGG, and GGGa) is Docket ID No. EPA-HQ-OAR-2006-0699.
Worldwide Web (WWW). In addition to being available in the docket,
electronic copies of the final amendments and this action are available
on the WWW through the Technology Transfer Network Web site (TTN Web).
Following signature, EPA posted a copy of this notice 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.
V. Background Information
On November 16, 2007, EPA promulgated amendments and established
new standards of performance for equipment leaks of VOC in the SOCMI
and Petroleum Refineries (72 FR 64860). Following the promulgation of
the final amendments and new standards for these industries, EPA
received a petition for reconsideration on January 15, 2008 from the
American Chemistry Council (ACC), the American Petroleum Institute
(API), and the National Petrochemical and Refiners Association (NPRA)
(``Petitioners''). The petitioners, pursuant to CAA section
307(d)(7)(B), requested EPA reconsider four provisions in the rules:
(1) The clarification of the definition of process unit in subparts VV,
VVa, GGG, and GGGa; (2) the assigning of shared storage tanks to
specific process units in subparts VV, VVa, GGG, and GGGa; (3) the
connecter monitoring requirements in subpart VVa; and (4) the
definition of capital expenditure in subpart VVa. The petitioners also
requested that EPA stay the effectiveness of these provisions of the
rule pending resolution of their petition for reconsideration. The
petition can be found in the public docket (EPA-HQ-OAR-2006-0699).
On March 4, 2008, EPA sent a letter to the petitioners, through
their counsel, informing them that EPA was granting their request for
reconsideration on three of the issues listed above. We indicated in
the letter that no action was being taken on the issue of the
clarification of the definition of process unit at that time. Finally,
the letter indicated that EPA was granting a 90-day stay of the
provisions of the rules under reconsideration (see CAA section
307(d)(7)(B)), as well as the clarification of the definition of
process unit, because of its interaction with the new provision
regarding the allocation of shared storage vessels. The letter from EPA
to the petitioners can be found in the public docket (EPA-HQ-OAR-2006-
0699).
VI. What action is EPA taking?
Today's action extends the stay of the provisions under
reconsideration and the stay of the clarification of the definition of
process unit. As noted above, EPA granted a 90-day stay of these
provisions under CAA section 307(d)(7)(B) on March 4, 2008. That stay
expires on June 1, 2008. We are extending the stay until we have
reached a final decision on all of the issues raised in the petition
for reconsideration. While the Agency does not generally grant stays
pending reconsideration, we believe that the unique compliance issues
created by our final rule warrant a limited stay pending
reconsideration. As we explained in granting the initial stay:
We are staying the rule as it relates to the method of
allocating shared storage vessels and the requirements for connector
monitoring because these were first introduced in the final rule
(indeed, with respect to connector monitoring, we explicitly stated
in the proposal that we did not intend to address them in this
rulemaking). Accordingly, certain facilities may be out of
compliance with requirements for which they had no notice or time to
come into compliance. We are also staying the new definition for
capital expenditure in 40 CFR part 60, subpart VVa, as it relates to
projects
[[Page 31374]]
at sources occurring prior to November 16, 2007. This new definition
is different than the definition in the proposed 40 CFR part 60,
subpart VV, and the resulting capital expenditure value may make
sources that undertook changes between the proposal and final action
into affected sources even though they would not have been under the
previous definition and even though they had no notice of the
change. While new source performance standards are generally
applicable to units modified or reconstructed after the date of the
proposal, we intend to seek comment on the appropriateness of such
application here.
As these reasons remain valid, we have decided to extend the
limited stay for the remainder of our reconsideration process.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is,
therefore, not subject to review under the Executive Order.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This action results in no changes to the information collection
requirements of the NSPS and will have no impact on the information
collection estimate of project cost and hour burden made and approved
by OMB. However, OMB has previously approved the information collection
requirements contained in the existing regulations at 40 CFR part 60,
subparts VV and GGG under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501, et seq., and has assigned OMB control number 2060-
0443, to the ICR for subpart VV and OMB control number 2060-0067, to
the ICR for subpart GGG. The OMB control numbers for EPA's regulations
in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures 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 the equipment leak NSPS on
small entities, small entity is defined as: (1) A small business
according to Small Business Administration size standards by the North
American Industry Classification System (NAICS) category of the owning
entity; (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. For the SOCMI, a small business
ranges from less than 500 employees to less than 1,000 employees,
depending on the NAICS code. For petroleum refiners, a small business
has no more than 1,500 employees.
After considering the economic impacts of this action on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
will not impose any requirements on any entities because it does not
impose any additional regulatory requirements.
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, 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 to 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 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 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 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.
EPA has determined that this action contains no Federal mandates
(under the regulatory provisions of Title II of the UMRA) for State,
local, or tribal governments or the private sector. This action imposes
no enforceable duty on any State, local or tribal governments or the
private sector. Thus, this action is not subject to the requirements of
sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. This rule only extends the stay of certain provisions and
does not impose any additional enforceable duty.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by state and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action will not impose direct
compliance costs on State or local governments, and will not preempt
State law. Thus, Executive Order 13132 does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
With Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of
[[Page 31375]]
regulatory policies that have tribal implications.'' This action does
not have tribal implications, as specified in Executive Order 13175. It
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 this action.
G. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because the equipment
leak NSPS for SOCMI and petroleum refineries are based on technology
performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (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) that are developed or adopted by one or more
voluntary consensus bodies. The NTTAA directs EPA to provide Congress,
through OMB, with explanations when EPA does not use available and
applicable voluntary consensus standards.
EPA is not proposing to make any changes to the regulatory
requirements in the final equipment leak NSPS in this action, including
requirements that involve technical standards. As a result, the NTTAA
discussion set forth in the November 16, 2007, final rule remains
valid. The requirements of NTTAA, therefore, do not apply to this
action.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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 rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective August 1, 2008.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: May 15, 2008.
Stephen L. Johnson,
Administrator.
0
For the reasons cited in the preamble, title 40, chapter I, part 60 of
the Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart VV--[Amended]
0
2. Section 60.480 is amended by adding paragraph (f) to read as
follows:
Sec. 60.480 Applicability and designation of affected facility.
* * * * *
(f) Stay of standards. Owners or operators are not required to
comply with the definition of ``process unit'' in Sec. 60.481 and the
requirements in Sec. 60.482-1(g) of this subpart until the EPA takes
final action to require compliance and publishes a document in the
Federal Register. While the definition of ``process unit'' is stayed,
owners or operators should use the following definition:
Process unit means components assembled to produce, as intermediate
or final products, one or more of the chemicals listed in Sec. 60.489
of this part. A process unit can operate independently if supplied with
sufficient feed or raw materials and sufficient storage facilities for
the product.
Sec. 60.481 [Amended]
0
3. In Sec. 60.481, the definition for ``process unit'' is stayed from
August 1, 2008 until further notice.
Sec. 60.482-1 [Amended]
0
4. In Sec. 60.482-1, paragraph (g) is stayed from August 1, 2008 until
further notice.
Subpart VVa--[Amended]
0
5. Section 60.480a is amended by adding paragraph (f) to read as
follows:
Sec. 60.480a Applicability and designation of affected facility.
* * * * *
(f) Stay of standards. (1) Owners or operators that start a new,
reconstructed, or modified affected source prior to November 16, 2007
are not required to comply with the requirements in this paragraph
until EPA takes final action to require compliance and publishes a
document in the Federal Register.
(i) The definition of ``capital expenditure'' in Sec. 60.481a of
this subpart. While the definition of ``capital expenditure'' is
stayed, owners or operators should use the definition found in Sec.
60.481 of subpart VV of this part.
(2) Owners or operators are not required to comply with the
[[Page 31376]]
requirements in this paragraph until EPA takes final action to require
compliance and publishes a document in the Federal Register.
(i) The definition of ``process unit'' in Sec. 60.481a of this
subpart. While the definition of ``process unit'' is stayed, owners or
operators should use the following definition:
Process unit means components assembled to produce, as intermediate
or final products, one or more of the chemicals listed in Sec. 60.489
of this part. A process unit can operate independently if supplied with
sufficient feed or raw materials and sufficient storage facilities for
the product.
(ii) The method of allocation of shared storage vessels in Sec.
60.482-1a(g) of this subpart.
(iii) The standards for connectors in gas/vapor service and in
light liquid service in Sec. 60.482-11a of this subpart.
Sec. 60.481a [Amended]
0
6. In Sec. 60.481a, the definitions of ``capital expenditure'' and
``process unit'' are stayed from August 1, 2008 until further notice.
Sec. 60.482-1a [Amended]
0
7. In Sec. 60.482-1a, paragraph (g) is stayed from August 1, 2008
until further notice.
Sec. 60.482-11a [Amended]
0
8. Section 60.482-11a is stayed from August 1, 2008 until further
notice.
Subpart GGG--[Amended]
0
9. Section 60.590 is amended by adding paragraph (e) to read as
follows:
Sec. 60.590 Applicability and designation of affected facility.
* * * * *
(e) Stay of standards. Owners or operators are not required to
comply with the definition of ``process unit'' in Sec. 60.590 of this
subpart until the EPA takes final action to require compliance and
publishes a document in the Federal Register. While the definition of
``process unit'' is stayed, owners or operators should use the
following definition:
Process unit means components assembled to produce intermediate or
final products from petroleum, unfinished petroleum derivatives, or
other intermediates; a process unit can operate independently if
supplied with sufficient feed or raw materials and sufficient storage
facilities for the product.
Sec. 60.591 [Amended]
0
10. In Sec. 60.591, the definition of ``process unit'' is stayed from
August 1, 2008 until further notice.
Subpart GGGa--[Amended]
0
11. Section 60.590a is amended by adding paragraph (e) to read as
follows:
Sec. 60.590a Applicability and designation of affected facility.
* * * * *
(e) Stay of standards. Owners or operators are not required to
comply with the definition of ``process unit'' in Sec. 60.590 of this
subpart until the EPA takes final action to require compliance and
publishes a document in the Federal Register. While the definition of
``process unit'' is stayed, owners or operators should use the
following definition:
Process unit means components assembled to produce intermediate or
final products from petroleum, unfinished petroleum derivatives, or
other intermediates; a process unit can operate independently if
supplied with sufficient feed or raw materials and sufficient storage
facilities for the product.
Sec. 60.591a [Amended]
0
12. In Sec. 60.591a, the definition of ``process unit'' is stayed from
August 1, 2008 until further notice.
[FR Doc. E8-11400 Filed 5-30-08; 8:45 am]
BILLING CODE 6560-50-P