[Federal Register Volume 64, Number 224 (Monday, November 22, 1999)]
[Proposed Rules]
[Pages 63779-63783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30231]



[[Page 63779]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6478-7]
RIN 2060-AG91


National Emission Standards for Hazardous Air Pollutants: Generic 
Maximum Achievable Control Technology (Generic MACT)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed amendments.

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SUMMARY: On June 29, 1999 (64 FR 34854), we issued the National 
Emission Standards for Hazardous Air Pollutants: Generic Maximum 
Achievable Control Technology (Generic MACT) rulemaking package. This 
proposal amends the promulgated rule (40 CFR part 63, subpart YY) 
regarding the regulation of surge control vessels and bottoms receiver 
vessels. This proposal also clarifies that surge control vessels and 
bottoms receiver vessels containing wastewater are covered by the 
wastewater provisions.

DATES: Comments. Comments must be received on or before January 21, 
2000.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by December 13, 1999, a public hearing will be held on 
December 22, 1999.

ADDRESSES: Comments. Written comments should be submitted (in 
duplicate, if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention, Docket No. A-97-17, U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460. The EPA 
requests that a separate copy of comments also be sent to Mr. David W. 
Markwordt (see FOR FURTHER INFORMATION CONTACT).
    Public hearing. If a public hearing is held, it will be held at 
10:00 a.m. in the EPA's Office of Administration Auditorium, Research 
Triangle Park, North Carolina, or at an alternate site nearby.
    Docket. Docket No. A-97-17 contains supporting information used in 
developing the standards. The docket is located at the U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460 
in room M-1500, Waterside Mall (ground floor), and may be inspected 
from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding legal 
holidays.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this document, contact Mr. David W. Markwordt; Policy, Planning, and 
Standards Group; Emission Standards Division (MD-13); U.S. 
Environmental Protection Agency; Research Triangle Park, North Carolina 
27711; telephone: (919) 541-0837; facsimile: (919) 541-0942; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

Docket

    The docket is an organized and complete file of all the information 
we considered in the development of this rulemaking. The docket is a 
dynamic file because material is added throughout the rulemaking 
process. The docketing system is intended to allow members of the 
public and industries involved to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the proposed and promulgated standards and their preambles, 
the contents of the docket will serve as the record in the case of 
judicial review. (See section 307(d)(7)(A) of the Clean Air Act (Act).) 
The regulatory text and other materials related to this rulemaking are 
available for review in the docket or copies may be mailed on request 
from the Air Docket by calling (202) 260-7548. A reasonable fee may be 
charged for copying docket materials.

Public Hearing

    Persons interested in presenting oral testimony or inquiring as to 
whether a hearing is to be held should contact Dorothy Apple; Policy, 
Planning, and Standards Group; Emission Standards Division (MD-13); 
U.S. Environmental Protection Agency; Research Triangle Park, North 
Carolina 27711; telephone number: (919) 541-4487 at least 2 days in 
advance of the public hearing. Persons interested in attending the 
public hearing must also call Dorothy Apple to verify the time, date, 
and location of the hearing. The public hearing will provide interested 
parties the opportunity to present data, views, or arguments concerning 
these proposed emission standards.

Comments

    Comments and data may be submitted by electronic mail (e-mail) to: 
[email protected]. Electronic comments must be submitted as an ASCII 
file to avoid the use of special characters and encryption problems and 
will also be accepted on disks in WordPerfect version 5.1, 
6.1 or Corel 8 file format. All comments and data submitted in 
electronic form must note the docket number: A-97-17. No confidential 
business information (CBI) should be submitted by e-mail. Electronic 
comments may be filed online at many Federal Depository Libraries.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
proprietary information directly to the following address, and not to 
the public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: Attention: Ms. Melva Toomer, U.S. 
EPA, OAQPS Document Control Officer, 411 W. Chapel Hill Street, Room 
944, Durham NC 27711. We will disclose information identified as CBI 
only to the extent allowed by the procedures set forth in 40 CFR part 
2. If no claim of confidentiality accompanies a submission when we 
receive information, the information may be made available to the 
public without further notice to the commenter.

Technology Transfer Network

    In addition to being available in the docket, an electronic copy of 
today's proposed amendments is also available through the Technology 
Transfer Network (TTN). Following signature, a copy of the rule will be 
posted on the TTN's policy and guidance page for newly proposed or 
promulgated rules 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.

Plain Language

    In compliance with President Clinton's June 1, 1998 Executive 
Memorandum on Plain Language in government writing, this preamble is 
written using plain language. Thus, the use of ``we'' in this notice 
refers to the EPA. The use of ``you'' refers to the reader, and may 
include industry; State, local, and tribal governments; environmental 
groups; and other interested individuals.

Regulated Entities

    Entities potentially regulated are those that produce acetal resins 
(AR), acrylic and modacrylic fiber (AMF), hydrogen fluoride (HF), and 
polycarbonate (PC) and are major sources of hazardous air pollutants 
(HAP) as defined in section 112 of the Act. Regulated categories and 
entities include:

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        Category                       Regulated entitiesa
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Industry...............  Producers of homopolymers and/or copolymers of
                          alternating oxymethylene units.
                         Producers of either acrylic fiber or modacrylic
                          fiber synthetics composed of acrylonitrile
                          (AN) units.
                         Producers of, and recoverers of HF by reacting
                          calcium fluoride with sulfuric acid. For the
                          purpose of implementing the rule, HF
                          production is not a process that produces
                          gaseous HF for direct reaction with hydrated
                          aluminum to form aluminum fluoride (i.e., the
                          HF is not recovered as an intermediate or
                          final product prior to reacting with the
                          hydrated aluminum).
                         Producers of polycarbonate.
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a This table is not intended to be exhaustive, but rather provides a
  guide for readers regarding entities likely to be regulated by this
  action. This table lists the types of entities that the EPA is now
  aware could potentially be regulated by this action. Other types of
  entities not listed in the table could also be regulated. To determine
  whether your facility, company, business, organization, etc., is
  regulated by this action, you should carefully examine the
  applicability criteria in Sec.  63.1104(a)(1), (b)(1), (c)(1), and
  (d)(1) of the rule. If you have questions regarding the applicability
  of this action to a particular entity, consult the person listed in
  the preceding FOR FURTHER INFORMATION CONTACT section.

I. What is the Background for the Proposed Amendments?

    On June 29, 1999 (64 FR 34854), we published the National Emission 
Standards for Hazardous Air Pollutants: Generic MACT final rulemaking 
package. At that time, standards were promulgated for four major HAP 
source categories (i.e., AR production, AMF fiber production, HF 
production, and PC production). This proposal amends the promulgated 
rulemaking package (40 CFR part 63, subpart YY) regarding the 
regulation of surge control vessels and bottoms receiver vessels that 
do not contain wastewater, and clarifies that surge control vessels and 
bottoms receiver vessels that contain wastewater are covered by the 
wastewater provisions of these standards. These proposed amendments 
would parallel the intended subparts F, G, and H of part 63 
(collectively known as the hazardous organic national emission 
standards for hazardous air pollutants (HON)) level of control.
    We are also making corrections to the promulgated rulemaking 
package (40 CFR part 63, subparts SS, TT, UU, WW, and YY) under a 
separate notice.

II. What is the Basis for the Proposed Amendments?

    During the public comment period for the proposed wastewater 
provisions (64 FR 34950) applicable to wastewater streams for the AR, 
AMF, and PC production source categories, we received a comment that 
stated that one part of the proposed provisions for liquid streams in 
open systems under the generic MACT rule is inconsistent with the 
wastewater requirements of the HON, and that the Generic MACT 
wastewater provisions, as many other aspects of the Generic MACT 
rulemaking package, are intended to parallel what is required under the 
HON.
    The commenter explained that, under the HON, a ``tank'' could 
qualify as either a storage vessel or a surge control vessel if it met 
the relevant size and vapor pressure criteria and that, as proposed, 
Sec. 63.1106(c) of the Generic MACT wastewater provisions also applies 
to ``tanks,'' and that a vessel could be subject to both requirements 
(i.e., storage vessel/surge control vessel requirements and liquid 
streams in open systems requirements). The commenter stated that the 
overlap results in inconsistencies in emission control requirements and 
suggested that we add clarifying changes to eliminate double-regulating 
of a storage vessel that qualifies as a vessel subject to the liquid 
streams in open systems requirements.
    Under the Generic MACT rule, a vessel that qualifies as a vessel 
subject to the liquid streams in open systems requirements would 
contain material that qualifies as wastewater as defined under 
Sec. 63.1101 (as proposed to be amended). Additionally, the definition 
for ``storage vessel'' or ``tank'' under the Generic MACT promulgated 
rule excludes ``vessels that store wastewater.'' Therefore, as proposed 
under the wastewater provisions, ``vessels that store wastewater'' 
would not be subject to ``storage vessel'' or ``tank'' requirements. 
Our assessment of the comment indicated that there was a need to modify 
the definition of the promulgated definition for ``storage vessel'' to 
clarify that applicable storage vessels or tanks that contain 
wastewater are covered under the wastewater provisions. Therefore, 
today's proposal adds this clarification to the definition of ``storage 
vessel'' and is consistent with the HON.
    Upon further evaluation of the comment, we discovered that we 
omitted requirements for ``surge control vessels'' and ``bottoms 
receivers.'' Under the HON, surge control vessels and bottoms receivers 
are covered under equipment leak requirements, though their control 
applicability criteria and requirements parallel what is required for 
storage vessels. The Control Level 2 equipment leak subpart (40 CFR 
part 63, subpart UU), which is cross-referenced under the Generic MACT 
rule, parallels the level of control under the HON, except that it does 
not specify requirements for bottoms receivers and surge control 
vessels. The Control Level 2 equipment leak subpart referenced under 
the Generic MACT rule mirrors what was developed under the Synthetic 
Organic Chemicals Manufacturing Industry (SOCMI) Consolidated Air Rule 
(CAR) development effort. Under the SOCMI CAR effort, bottoms receivers 
and surge control vessels are regulated under the storage vessel 
provisions.
    Inadvertently, under the promulgated Generic MACT rule, we defined 
``storage vessel'' as excluding ``bottoms receivers'' and ``surge 
control vessels'' (which parallels the HON). This led to an omission of 
specified requirements for bottoms receivers and surge control vessels, 
and a need for clarification on how they were to be regulated. 
Therefore, we are proposing to amend the definition for ``storage 
vessel'' as including bottoms receivers and surge control vessels. As 
intended, this proposed amendment would result in control of these 
vessels that parallels what is done under the SOCMI CAR, which mirrors 
the requirements of the HON, and would reduce confusion on how they are 
to be regulated.

III. What Are the Impacts Associated With the Proposed Amendments?

    The changes contained in the proposed amendments consist of 
corrections and a clarification change that reflect what was intended 
and accounted for in our control costs and emission reduction estimates 
at the time of promulgation of 40 CFR part 63, subparts SS, TT, UU, WW, 
and YY. Therefore, these proposed amendments will not affect the 
estimated emissions reduction or the control costs for the standards 
promulgated for AR, AMF, HF, and PC production source categories on 
June 29, 1999 (64 FR 34854). These clarifying corrections should make 
it easier for owners and operators of affected sources, and for local 
and State authorities, to understand and implement the requirements of 
the Generic MACT rule.

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IV. Administrative Requirements

A. Paperwork Reduction Act

    The information collection requirements in this rule have been 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501, et seq. We submitted an Information Collection Request 
(ICR) document (ICR No. 1871.02) and a copy may be obtained from Sandy 
Farmer, OPPE Regulatory Information Division, U.S. Environmental 
Protection Agency (2137), 401 M Street, SW, Washington, DC 20460 or by 
calling (202) 260-2740. We 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 our regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. 
The OMB approved the information collection requirements for the AR, 
AMF, HF, and PC production source categories and assigned the OMB 
control number 2060-0420 to the ICR. This approval expires September 
30, 2002.
    The proposed amendments would have no impact on the information 
collection estimates made previously for the promulgated rule. 
Therefore, the ICR has not been revised.

B. Executive Order 12866

    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 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;
    (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.
    Pursuant to the terms of Executive Order 12866, we have determined 
that these proposed amendments do not qualify as a ``significant 
regulatory action'' and, therefore, are not subject to review by OMB.

C. 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.'' Under 
Executive Order 13132, EPA may not issue a regulation that has 
federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, or EPA consults with 
State and local officials early in the process of developing the 
proposed regulation. EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless the Agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    If EPA complies by consulting, Executive Order 13132 requires EPA 
to provide to the Office of Management and Budget (OMB), in a 
separately identified section of the preamble to the rule, a federalism 
summary impact statement (FSIS). The FSIS must include a description of 
the extent of EPA's prior consultation with State and local officials, 
a summary of the nature of their concerns and the agency's position 
supporting the need to issue the regulation, and a statement of the 
extent to which the concerns of State and local officials have been 
met. Also, when EPA transmits a draft final rule with federalism 
implications to OMB for review pursuant to Executive Order 12866, EPA 
must include a certification from the agency's Federalism Official 
stating that EPA has met the requirements of Executive Order 13132 in a 
meaningful and timely manner.
    This proposed rule 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 proposed rule has minimal direct affects on the 10 plants which 
are impacted by this rule. This proposed rule has even less impacts on 
States within which the plants reside. Thus, the requirements of 
section 6 of the Executive Order do not apply to this rule.

Regulatory Flexibility Act/Small Business Regulatory Enforcement 
Fairness Act of 1996

    Under the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601, 
et seq.), as amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA), we are required to give special 
consideration to the effect of Federal regulations on small entities 
and to consider regulatory options that might mitigate any such 
impacts. Small entities include small businesses, small not-for-profit 
enterprises, and small governmental jurisdictions.
    These proposed amendments would not have a significant impact on a 
substantial number of small entities because they clarify and correct 
the promulgated 40 CFR part 63, subparts SS, TT, UU, WW and YY, and do 
not impose any additional regulatory requirements on owners or 
operators of affected sources regulated by standards promulgated on 
June 29, 1999 (64 FR 34854).

E. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act (UMRA) of 
1995, Pub. L. 104-4, we must prepare a budgetary impact statement to 
accompany any proposed or final rule that includes a Federal mandate 
that may result in estimated costs to State, local or tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any 1 year. Under section 203, we are required to 
establish a plan for obtaining input from and informing, educating, and 
advising any small governments that may be significantly or uniquely 
affected by the rule.
    Under section 205 of UMRA, we must identify and consider a 
reasonable number of regulatory alternatives before promulgating a rule 
for which a budgetary impact statement must be prepared. We are 
required to select the least burdensome alternative for State, local, 
and tribal governments and the private sector that achieves the 
objectives of the rule, unless we explain why this alternative is not 
selected or unless the selection of this alternative is inconsistent 
with law.
    Because these proposed amendments do not include 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, we have

[[Page 63782]]

not prepared a budgetary impact statement or specifically addressed the 
selection of the least costly, most cost-effective, or least burdensome 
alternative. In addition, because small governments will not be 
significantly or uniquely affected by these proposed amendments, we are 
not required to develop a plan with regard to small governments. 
Therefore, the requirements of UMRA do not apply to these proposed 
amendments.

F. National Technology Transfer and Advancement Act

    Under section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (the NTTAA), Pub. L. 104-113, section 12(d) (15 
U.S.C. 272 note), we are directed to use voluntary consensus standards 
instead of government-unique standards in our regulatory activities 
unless to do so would be inconsistent with applicable law or otherwise 
impractical. By doing so, the Act is intended to reduce the cost to the 
private and public sectors.
    Voluntary consensus standards are technical standards (e.g., 
materials specifications, test methods, sampling procedures, etc.) that 
are developed or adopted by one or more voluntary consensus standards 
bodies. Examples of organizations generally regarded as voluntary 
consensus standards bodies include the American Society for Testing and 
Materials (ASTM), International Organization for Standardization (IOS), 
International Electrotechnical Commission (IEC), American Petroleum 
Institute (API), National Fire Protection Association (NFPA), and the 
Society of Automotive Engineers (SAE). Under the NTTAA, we are required 
to provide Congress, through OMB, explanations when we decide not to 
use available and applicable voluntary consensus standards.
    As part of a larger effort, we are undertaking a project to cross-
reference existing voluntary consensus standards in testing, sampling, 
and analysis, with current and future EPA test methods. When completed, 
we will use this project to assist in identifying potentially 
applicable voluntary consensus standards that can then be evaluated for 
equivalency and applicability in determining compliance with future 
regulations.
    These proposed amendments do not require the use of any new 
technical standards, therefore section 12(d) does not apply.

G. Executive Order 13045

    Executive Order 13045, entitled Protection of Children From 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997), applies to any rule that we determine (1) is economically 
significant as defined under Executive Order 12866, and (2) the 
environmental health or safety risk addressed by the rule has 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 that we considered.
    These proposed amendments are not subject to Executive Order 13045 
because they do not constitute an economically significant regulatory 
action as defined by Executive Order 12866 and because they do not 
establish an environmental standard intended to mitigate health or 
safety risks.

H. Executive Order 13084

    Under Executive Order 13084, we may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
cost incurred by the tribal governments, or we consult with those 
governments. If we comply by consulting, Executive Order 13084 requires 
that we provide to OMB, in a separately identified section of the 
preamble to the rule, a description of the extent of our prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, we are required to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's proposed amendments do not impose any duties or compliance 
costs on Indian tribal governments. Further, the proposed amendments 
provided herein do not significantly alter the control standards 
imposed by 40 CFR part 63, subparts SS, TT, UU, WW, and YY, including 
any that may effect communities of Indian tribal governments. Hence, 
today's proposed amendments do not significantly or uniquely affect the 
communities of Indian tribal governments. Accordingly, the requirements 
of section 3(b) of Executive Order 13084 do not apply to these proposed 
amendments.

List of Subjects for 40 CFR Part 63

    Environmental protection, Acetal resins production, Acrylic and 
modacrylic fiber production, Air emissions control, Equipment, 
Hazardous air pollutants, Hydrogen fluoride production, Polycarbonate 
production, Reporting and recordkeeping requirements, Storage vessel.

    Dated: November 15, 1999.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart YY--National Emission Standards for Hazardous Air 
Pollutants for Source Categories: Generic Maximum Achievable 
Control Technology Standards

    2. Section 63.1101 is amended by revising the definitions for 
equipment and storage vessel as follows:


Sec. 63.1101  Definitions.

* * * * *
    Equipment means each of the following that is subject to control 
under this subpart: pump, compressor, agitator, pressure relief device, 
sampling collection system, open-ended valve or line, valve, connector, 
instrumentation system in organic hazardous air pollutant service as 
defined in Sec. 63.1103 for the applicable process unit, whose primary 
product is a product produced by a source category subject to this 
subpart.
* * * * *
    Storage vessel or Tank, for the purposes of regulation under the 
storage vessel provisions of this subpart, means a stationary unit that 
is constructed primarily of nonearthen materials (such as wood, 
concrete, steel, fiberglass, or plastic) that provides structural 
support and is designed to hold an accumulation of liquids or other 
materials. Storage vessel includes surge control vessels and bottoms 
receiver vessels. For the purposes of regulation under the storage 
vessel provisions of this subpart, storage vessel does not include 
vessels

[[Page 63783]]

permanently attached to motor vehicles such as trucks, railcars, 
barges, or ships; or wastewater storage vessels. Wastewater storage 
vessels are covered under the wastewater provisions of Sec. 63.1106.
* * * * *
[FR Doc. 99-30231 Filed 11-19-99; 8:45 am]
BILLING CODE 6560-50-P