[Federal Register Volume 68, Number 25 (Thursday, February 6, 2003)]
[Rules and Regulations]
[Page 6082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2936]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 61

[FRL-7448-6]
RIN 2060-AJ87


National Emission Standards for Benzene Waste Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: On November 12, 2002, the EPA promulgated amendments to the 
national emission standards for benzene waste operations as a direct 
final rule, along with a parallel proposal to be used as a basis for 
final action in the event that we received any adverse comments on the 
direct final amendments. Because an adverse comment was received on one 
provision, we are withdrawing the corresponding parts of the direct 
final rule. We will address the adverse comments in a subsequent final 
rule based on the parallel proposal published on November 12, 2002.

DATES: As of February 6, 2003, the EPA withdraws 40 CFR 61.343(e), 
introductory text, and withdraws and reserves paragraph (e)(2) 
published on November 12, 2002 at 67 FR 68526. The remaining provisions 
published on November 12, 2002, will be effective on February 10, 2003.

ADDRESSES: Docket number A-2001-23, containing supporting information 
used in the development of this notice, is available for public 
inspection and copying between 8 a.m. and 5:30 p.m., Monday through 
Friday (except for Federal holidays) at the following address: U.S. 
Environmental Protection Agency, Air and Radiation Docket and 
Information Center (6102T), 1301 Constitution Avenue, NW., Room B108, 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Mr. Robert B. Lucas, Waste and 
Chemical Process Group (C439-03), Emission Standards Division, Office 
of Air Quality Planning and Standards, U.S. EPA, Research Triangle 
Park, NC 27711, telephone number (919) 541-0884, facsimile number (919) 
541-0426, electronic mail address, [email protected].

SUPPLEMENTARY INFORMATION: On November 12, 2002, we published a direct 
final rule (67 FR 68526) and a parallel proposed rule (67 FR 68546) 
amending the national emission standards for benzene waste operations 
(40 CFR part 61, subpart FF). The amendments clarified the 
applicability of the standards with respect to fuel gas recovery 
systems and added new compliance options for tanks and containers based 
on the requirements in other similar EPA rules for hazardous waste 
treatment, storage, and disposal facilities (40 CFR parts 264 and 265, 
subparts CC).
    We stated in the preamble to the direct final rule and parallel 
proposal that if we received significant adverse comment by December 
12, 2002 (or by February 18, 2003, if a public hearing was requested), 
we would publish a timely notice in the Federal Register specifying 
which provisions will become effective and which provisions will be 
withdrawn due to adverse comment. We subsequently received an adverse 
comment from one commenter on the provisions related to control devices 
in the new compliance option for tanks equipped with an enclosure in 40 
CFR 61.343(e).
    Accordingly, we are withdrawing 40 CFR 61.343(e), introductory 
text, and withdrawing and reserving paragraph(e)(2). These amendments 
are withdrawn as of February 6, 2003. We will take final action on the 
proposed rule after considering the comments received. We will not 
institute a second comment period on this action. The provisions for 
which we did not receive adverse comment will become effective on 
February 10, 2003, as provided in the preamble to the direct final 
rule.

List of Subjects in 40 CFR Part 61

    Environmental protection, Air pollution control, Reporting and 
recordkeeping requirements.

    Dated: January 30, 2003.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 03-2936 Filed 2-5-03; 8:45 am]
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