[Federal Register Volume 67, Number 218 (Tuesday, November 12, 2002)]
[Proposed Rules]
[Pages 68546-68548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28500]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 61

[FRL-7405-5]
RIN 2060-AJ87


National Emission Standard for Benzene Waste Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: We are proposing to amend the national emission standards for 
hazardous air pollutants (NESHAP) for benzene waste operations, 
promulgated on March 7, 1990 (55 FR 8346), under the authority of 
section 112 of the Clean Air Act (CAA). The amendments add an exemption 
for organic vapors routed to the fuel gas system and a new compliance 
option for tanks, and clarify the standards for containers.
    In the Rules and Regulations section of this Federal Register, we 
are taking direct final action on the proposed amendments because we 
view this action as noncontroversial, and anticipate no adverse 
comment. We have explained our reasons for the amendments in the 
preamble to the direct final rule.
    If we receive no adverse comment, we will take no further action on 
the proposed amendments. If we receive adverse comment, we will 
withdraw the direct final amendments and they will not take effect.

DATES: Comments. We must receive comments by December 12, 2002, unless 
a hearing is requested by November 22, 2002.
    Public Hearing. If anyone contacts us requesting to speak at a 
public hearing by November 22, 2002, a public hearing will be held on 
November 27, 2002.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in 
duplicate, if possible) to: Air and Radiation Docket and Information 
Center (6102T), Attention Docket No. A-2001-23, U.S. EPA, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. In person or by 
courier, deliver comments (in duplicate, if possible) to: Air and 
Radiation Docket and Information Center (6102T), Attention Docket No. 
A-2001-23, Room B-108, U.S. EPA, 1301 Constitution Avenue, NW., 
Washington, DC 20460. We request a separate copy of each public comment 
be sent to the contact person listed below (see FOR FURTHER INFORMATION 
CONTACT).
    Public Hearing. If a public hearing is held, it will begin at 10 
a.m. and will be held at the U.S. EPA new facility complex in Research 
Triangle Park, North Carolina, or an alternative site nearby. You 
should contact Ms. JoLynn Collins, U.S. EPA, Research Triangle Park, NC 
27711, telephone (919) 541-5671 to request a public hearing, to request 
to speak at a public hearing, or to find out if a hearing will be held.
    Docket. Docket No. A-2001-23 contains supporting information used 
in developing the proposed amendments. The docket is located at the 
U.S. EPA, 1301 Constitution Avenue, NW., Washington, DC 20460 in room 
B-108, and may be inspected from 8:30 a.m. to 5:30 p.m., Monday through 
Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Robert B. Lucas, Waste and 
Chemical Process Group, Emission Standards Division (C439-03), Office 
of Air Quality Planning and Standards, U.S. EPA, Research Triangle 
Park, North Caroline 27711, telephone number (919) 541-0884, electronic 
mail (e-mail), [email protected].

SUPPLEMENTARY INFORMATION: For information concerning applicability and 
rule determinations, contact the appropriate regional representative:

U.S. EPA New England, Director, Air Compliance Programs, 1 Congress 
Street, Suite 1100 (SEA), Boston, MA 02114-2023. Phone contact: (617) 
918-1656. FAX: (617) 918-1112.
U.S. EPA--Region II, Air Compliance Branch, 290 Broadway, New York, NY 
10007-1866. Phone (212) 637-3000. FAX: (212) 637-3526.
U.S. EPA--Region III, Chief, Air Enforcement Branch (3AP12), 1650 Arch 
Street, Philadelphia, PA 19103-2029. Phone: (215) 814-3438. FAX: (215) 
814-2134. Region III Office Website: www.epa.gov/reg3artd/hazpollut/hazairpol.htm.
U.S. EPA--Region IV, Air and Radiation Technology Branch, Atlanta 
Federal Center, 61 Forsyth Street, SW., Atlanta, GA 30303-3104. Phone: 
(404) 562-9105. FAX: (404) 562-9095.
U.S. EPA--Region V, Air Enforcement and Compliance Assurance Branch 
(AE17J), 77 West Jackson Boulevard, Chicago, IL 60604-3590. Phone: 
(312) 353-2088. FAX: (312) 353-8289.
U.S. EPA--Region VI, Chief, Toxics Enforcement Section ([caret]EN-AT), 
1445 Ross Avenue, Dallas, TX 75202-2733. Phone: (214) 665-7224. FAX: 
(214) 665-2146. Region VI Office Website: www.epa.gov/region6.
Region VII, Bill Peterson, U.S. EPA, 726 Minnesota Avenue, Kansas City, 
KS 66101. Phone: (913) 551-7881. FAX: (913) 551-7467.
U.S. EPA--Region VIII, MACT Enforcement, 999 18th Street, Suite

[[Page 68547]]

500, Denver, Colorado 80202. Phone: (303) 312-6312. FAX: 303-312-6409.
U.S. EPA--Region IX, Air Division, 75 Hawthorne Street, San Francisco, 
CA 94105. Phone: (415) 744-1219. FAX: (415) 744-1076.
U.S. EPA--Region X, Office of Air Quality (OAQ-107), 1200 Sixth Avenue, 
Seattle, Washington 98101. Phone: (206) 553-4273. FAX: (206) 553-0110.

    If no relevant adverse comments are received on the proposed 
amendments, no further action will be taken on the proposed amendments, 
and the direct final rule in the Rules and Regulations section of 
today's Federal Register will automatically become effective on the 
date specified in the direct final rule. If relevant adverse comments 
are received on the proposed amendments, we will publish a withdrawal 
action before the effective date of the direct final amendments 
indicating which provisions are being withdrawn. If all or part of the 
direct final amendments are withdrawn, all public comments received 
will be addressed in a subsequent final action based on the proposed 
amendments. We will not institute a second comment period on the 
subsequent final action. Any parties interested in commenting must do 
so during this comment period.
    For further supplemental information, the rationale, and the 
specific amendments being proposed, see the information provided in the 
direct final rule in the Rules and Regulations section of this Federal 
Register.
    Comments. Comments and data may be submitted by 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 [reg] format. All comments and 
data submitted in electronic form must note the docket number: A-2001-
23. 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 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 Mr. Robert Lucas, c/o 
OAQPS Document Control Officer (C404-02), U.S. EPA, 109 TW Alexander 
Drive, Research Triangle Park, NC 27711. The EPA 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 it is received by EPA, the information 
may be made available without further notice to the commenter.
    Docket. The docket is an organized and complete file of all the 
information considered by EPA in the development of the proposed 
amendments. The docket is a dynamic file because information is added 
throughout the rulemaking process. The docketing system is intended to 
allow you to readily identify and locate documents so you can 
effectively participate in the rulemaking process. Along with the 
proposed and promulgated rules 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 CAA.) The regulatory text and other 
materials related to the proposed amendments are available for review 
in the docket or copies may be mailed on request from the Air Docket by 
calling (202) 566-1742. We may charge a reasonable fee for copying 
docket materials.
    You may also obtain docket indexes by facsimile as described on the 
Office of Air and Radiation, Docket and Information Center Website at 
http://www.epa.gov/airprogram/oar/docket/faxlist.html. Worldwide Web 
(WWW). In addition to being available in the docket, an electronic copy 
of the proposed amendments will also be available on the WWW. Following 
signature, a copy of the proposed amendments will be posted on the 
Technology Transfer Network (TTN) policy and guidance page for newly 
proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN 
provides information and technology exchange in various areas of air 
pollution control. If more information regarding the TTN is needed, 
call the TTN HELP line at (919) 541-5384.
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

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                                                                                          Examples of regulated
               Category                   SIC code                   NAIC                     code entities
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Industry.............................  2800's.......  32512-325182.....................  Chemical manufacturing
                                       2911.........  32411............................   plants, petroleum
                                       3312.........  331111...........................   refineries, coke by-
                                       4925.........  22121............................   product recovery
                                       4953.........  562211...........................   plants, and commercial
                                       9511.........  324110...........................   hazardous waste
                                                                                          treatment, storage,
                                                                                          and disposal
                                                                                          facilities that manage
                                                                                          waste generated by
                                                                                          these industries.
Federal government...................  .............  .................................  Not affected.
State/local/tribal government........  .............  .................................  Not affected.
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    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 40 CFR 61.340 of the 
NESHAP for benzene waste operations. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the appropriate person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.

Administrative Requirements

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of the Federal Register.

Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The 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

[[Page 68548]]

substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    The EPA determined that it is not necessary to prepare a regulatory 
flexibility analysis for the proposed amendments. The EPA has also 
determined that the proposed amendments will not impose a significant 
impact on a substantial number of small entities. There are few small 
entities in the industries required to meet the NESHAP for benzene 
waste operations, and it is unlikely that the regulated facilities are 
owned by small entities (55 FR 8340, March 7, 1990). In addition, the 
standard contains a cutoff for applicability of control requirements 
for sources generating small quantities of benzene waste. Therefore, a 
substantial number of small entities are not regulated by the proposed 
amendments. In addition, none of the facilities (large or small) are 
expected to experience any increase in compliance costs as a result of 
the proposed amendments. Therefore, pursuant to the provisions of 5 
U.S.C. 605(b), it has been determined that the proposed amendments will 
not have a significant economic impact on a substantial number of small 
entities.

List of Subject in 40 CFR Part 61

    Environmental protection, Air pollution control, Recordkeeping and 
reporting requirements.

    Dated: November 1, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-28500 Filed 11-8-02; 8:45 am]
BILLING CODE 6560-50-P