[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Rules and Regulations]
[Pages 31376-31380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11383]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2006-0699; FRL-8569-1]
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: Interim final rule; stay.
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SUMMARY: EPA is making an interim final determination to extend the
stay of certain requirements in the standards of performance for
equipment leaks of VOC in the Synthetic Organic Chemicals Manufacturing
Industry (SOCMI) and Petroleum Refineries.
DATES: This interim final determination is effective on June 2, 2008
and will expire on August 1, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2006-0699. 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, e.g.,
Confidential Business Information (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 3334, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Air and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: 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:
Regulated Entities. 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.
[[Page 31377]]
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.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the final rule is available on the WWW through
the Technology Transfer Network (TTN). Following signature, EPA will
post a copy of the final rule 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.
Organization of This Document. The following outline is provided to
aid in locating information in this preamble.
I. Background Information
II. What action is EPA taking?
III. 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. 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).
In the Final Rules section of today's Federal Register, we have
published a direct final rule extending the stay until a final decision
on the reconsideration has been reached. In the Proposed Rules section
of today's Federal Register, we have also published a parallel proposal
extending the stay until a final decision on the reconsideration has
been reached. Based on today's direct final and parallel proposal
extending the stay, we are taking this final action, effective for 60
days, beginning on publication, to prevent facilities from being out of
compliance with provisions, at least some of which, we anticipate
modifying upon reconsideration.
EPA is providing the public with an opportunity to comment on the
stay extension in both the direct final rule and parallel proposal.
However, we are not taking comment on this final action. We believe it
is appropriate to continue the stay that is currently in place until
the direct final action becomes effective to avoid a lapse in the stay
and create potential compliance problems with provisions that we
believe may need to be revised.
II. What action is EPA taking?
We are making an interim final determination to extend the stay for
60 days based on our concurrent direct final action and parallel
proposal. EPA has determined that a stay is necessary for the
provisions under reconsideration. The 90-day stay that began on March
4, 2008 expires on June 1, 2008. At that time, facilities will be
required to comply with the final rules as published (72 FR 64860)
unless an extension is set in place. EPA is invoking the good cause
exception under the Administrative Procedure Act (APA) in not providing
an opportunity for comment before this action takes effect (5 U.S.C.
553(b)(3)).
EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. EPA has stated in our letter to the Petitioners the
reasons for granting the 90-day stay. As these reasons remain valid, we
believe it is still appropriate for the stay to be in effect until we
have reached a final decision on the reconsideration. Because the
initial stay expires on June 1, 2008 and the direct final action would
not be effective until 60 days after publication, it is not in the
public's best interest to require compliance with the rules as
published during the gap between the two dates. Therefore, EPA believes
that it is necessary to use the interim final rulemaking process to
extend the initial stay while the public has an opportunity to comment
on the direct final action.
[[Page 31378]]
III. 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
Today's interim final rule is not subject to the Regulatory
Flexibility Act (RFA), which generally requires an agency to prepare a
regulatory flexibility analysis for any rule that will have a
significant economic impact on a substantial number of small entities.
The RFA applies only to rules subject to notice and comment rulemaking
requirements under the Administrative Procedure Act (APA) or any other
statute. This rule is not subject to notice and comment requirements
under the APA or any other statute because although the rule is subject
to the APA, the Agency has invoked the ``good cause'' exemption under 5
U.S.C. 553(b), therefore it is not subject to the notice and comment
requirement.
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 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.
[[Page 31379]]
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. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefore, and established an effective date of June 2, 2008.
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. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
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 August 1, 2008.
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
June 2, 2008 until August 1, 2008.
Sec. 60.482-1 [Amended]
0
4. In Sec. 60.482-1, paragraph (g) is stayed from June 2, 2008 until
August 1, 2008.
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 August 1, 2008.
(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
requirements in this paragraph until August 1, 2008.
(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 June 2, 2008 until August 1, 2008.
Sec. 60.482-1a [Amended]
0
7. In Sec. 60.482-1a, paragraph (g) is stayed from June 2, 2008 until
August 1, 2008.
[[Page 31380]]
Sec. 60.482-11a [Amended]
0
8. Sec. 60.482-11a is stayed from June 2, 2008 until August 1, 2008.
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 August 1, 2008. 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
June 2, 2008 until August 1, 2008.
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 August 1, 2008. 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
June 2, 2008 until August 1, 2008.
[FR Doc. E8-11383 Filed 5-30-08; 8:45 am]
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