[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Rules and Regulations]
[Pages 59328-59333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24774]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[Docket ID No. OAR-2002-0046; FRL-7566-2]
RIN 2060-AJ53


Standards of Performance for Volatile Organic Liquid Storage 
Vessels (Including Petroleum Liquid Storage Vessels) for Which 
Construction, Reconstruction, or Modification Commenced After July 23, 
1984

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendments.

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SUMMARY: On April 8, 1987, the EPA promulgated the Standards of 
Performance for Volatile Organic Liquid Storage Vessels (Including 
Petroleum Liquid Storage Vessels) for Which Construction, 
Reconstruction, or Modification Commenced After July 23, 1984. On March 
27, 2000, the EPA issued a memorandum which stated that process tanks 
are ``storage vessels'' under the definition in the Standards of 
Performance for Volatile Organic Liquid Storage Vessels (Including 
Petroleum Liquid Storage Vessels) for Which Construction, 
Reconstruction, or Modification Commenced After July 23, 1984. On May 
26, 2000, the American Forest and Paper Association (AF&PA) filed a 
petition for judicial review of the March 27, 2000 memorandum. In this 
action, we are promulgating final rule amendments which were proposed 
pursuant to a settlement agreement with the American Forest and Paper 
Association (AF&PA) regarding their petition for judicial review of the 
March 27, 2000 memorandum. The final rule amendments will exempt 
certain storage vessels by capacity and vapor pressure, exempt process 
tanks, and add the process tank definition. The EPA is also amending 
the performance standards to exempt storage vessels that are subject to 
the National Emission Standards for Hazardous Air Pollutants: Solvent 
Extraction for Vegetable Oil Production.

EFFECTIVE DATE: October 15, 2003.

ADDRESSES: Docket No. OAR-2002-0046 is located at the EPA Docket 
Center, EPA West, U.S. EPA (6102T), Room B102, 1301 Constitution 
Avenue, NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Mr. Mark Morris, Organic Chemicals 
Group, Emission Standards Division (Mail Code C504-04), U.S. EPA, 
Research Triangle Park, North Carolina 27711, telephone number (919) 
541-5416, electronic mail address [email protected].

SUPPLEMENTARY INFORMATION: Docket. The EPA has established an official 
public docket for this action under Docket ID No. OAR-2002-0046. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Air and Radiation Docket in 
the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution 
Avenue, NW, Washington, DC. The EPA Docket Center 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 Reading Room is (202) 566-
1744, and the telephone number for the Air and Radiation Docket is 
(202) 566-1742.
    Electronic Docket Access. You may access the final rule amendments 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the docket facility in the above paragraph 
entitled ``Docket.'' Once in the system, select ``search,'' then key in 
the appropriate docket identification number.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the final rule amendments will also be available 
on the WWW through the Technology Transfer Network (TTN). Following 
signature, a copy of the final rule amendments will be posted on the

[[Page 59329]]

TTN's policy and guidance page for newly proposed or promulgated rules 
http://www.epa.gov/ttn/oarpg.
    Regulated Entities. The regulated category and entities affected by 
this action include:

----------------------------------------------------------------------------------------------------------------
                  Category                    NAICS code              Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industrial.................................          325  Chemical manufacturing facilities.
                                                     324  Petroleum and coal products manufacturing facilities.
                                                  424710  Petroleum bulk stations and terminals.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers likely to be interested in the revisions to the 
regulation affected by this action. To determine whether your facility, 
company, business, organization, etc., is regulated by this action, you 
should carefully examine all of the applicability criteria in Sec.  
60.110b of the performance standards, as well as in today's final rule 
amendments to the applicability sections. If you have questions 
regarding the applicability of these amendments to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.
    Judicial Review. Under Clean Air Act (CAA) section 307(b), judicial 
review of the final amendments is available only by filing a petition 
for review in the U.S. Court of Appeals for the District of Columbia 
Circuit by December 15, 2003. Only those objections to the final 
amendments which were raised with reasonable specificity during the 
period for public comment may be raised during judicial review. Under 
section 307(b)(2) of the CAA, the requirements established by the final 
amendments may not be challenged separately in any civil or criminal 
proceeding we bring to enforce such requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. What Is the Background for this Action?
II. What Standards Are We Amending and how Does this Action Relate 
to the Overall Scope of the Subpart Kb Rule?
III. What Were the Comments Received on the Proposed Amendments?
IV. 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 & Safety Risks
    H. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

I. What Is the Background for This Action?

    The EPA proposed the 40 CFR part 60, subpart Kb, rules on July 23, 
1984 (49 FR 29698) and promulgated them on April 8, 1987 (52 FR 11420). 
The performance standards implement section 111 of the CAA and are 
based on the Administrator's determination that volatile organic liquid 
(VOL) storage vessels cause or contribute significantly to air 
pollution which may reasonably be anticipated to endanger public health 
or welfare.
    On March 27, 2000, the EPA issued a memorandum which stated that 
process tanks are ``storage vessels'' under the definition in the 
Standards of Performance for Volatile Organic Liquid Storage Vessels 
(Including Petroleum Liquid Storage Vessels) for Which Construction, 
Reconstruction, or Modification Commenced After July 23, 1984.
    On May 26, 2000, the AF&PA filed a petition for judicial review of 
the March 27, 2000 memorandum. The petitioner felt that the EPA had 
inappropriately expanded the scope of ``storage vessels'' with the 
interpretation in the 2000 memorandum. On August 23, 2001 (66 FR 
44342), AF&PA and the EPA signed a settlement agreement that EPA would 
propose to amend subpart Kb to exclude from its applicability storage 
vessels that have a capacity less than 75 cubic meters (m\3\) or that 
contain a liquid with a maximum true vapor pressure below 3.5 
kilopascals (kPa), and take final action on that proposal within a 
reasonable time.
    On February 24, 2003 (68 FR 8574), we proposed amendments to 
subpart Kb pursuant to the agreement with AF&PA, as well as concerns 
raised by parties other than the petitioner. One party commented that 
in addition to the proposed amendments required by the settlement 
agreement, the EPA should exempt process tanks from subpart Kb. Another 
party commented that the regulatory overlap between subpart Kb and the 
National Emission Standards for Hazardous Air Pollutants: Solvent 
Extraction for Vegetable Oil Production (40 CFR part 63, subpart GGGG) 
should be addressed. Today's final rule amendments address the issues 
raised by AF&PA and other parties.

II. What Standards Are We Amending and How Does This Action Relate to 
the Overall Scope of the Subpart Kb Rule?

    We are amending various provisions in 40 CFR part 60, subpart Kb, 
Standards of Performance for Volatile Organic Liquid Storage Vessels 
(Including Petroleum Liquid Storage Vessels) for Which Construction, 
Reconstruction, or Modification Commenced After July 23, 1984. For 
further details, please refer to the February 24, 2003 proposed rule 
amendments (68 FR 8574). In doing so, we are indicating by necessary 
implication that subpart Kb applies to all industries where volatile 
organic liquid (as defined in Sec.  60.111b(k)) is stored, and thus 
applies to other industries in addition to the petroleum and synthetic 
organic chemical manufacturing industries.
    Exemption of Certain Storage Vessels by Capacity and Vapor 
Pressure. Today's action amends the final rule by eliminating 
recordkeeping requirements for storage vessels with a capacity less 
than 75 m\3\, for storage vessels with a capacity between 75 and 151 
m\3\ storing liquid with vapor pressure less than 15 kPa, and for 
storage vessels with a capacity equal to or greater than 151 m\3\ 
storing liquid with vapor pressure less than 3.5 kPa. Put another way, 
the EPA is exempting from subpart Kb those storage vessels presently 
subject to recordkeeping requirements only.
    Exemption of Process Tanks. The EPA is amending the final rule to 
exempt process tanks from subpart Kb. The EPA considered whether it was 
justified to amend subpart Kb to include process tanks within its 
scope, which would apply to new sources, that is, only to those process 
tanks for which construction, reconstruction, or modification commenced 
after the date of proposal of the action (see CAA sections 111(a)(2) 
and (b)(1)(B)).
    Exemption of Storage Vessels Subject to the Vegetable Oil National 
Emission Standards for Hazardous Air Pollutants (NESHAP). The EPA 
contends that the overall emissions to the environment will not 
increase by exempting storage

[[Page 59330]]

vessels from subpart Kb that are subject to the Vegetable Oil 
Production NESHAP, and that such exemption essentially amounts to 
avoiding duplicative regulation. The EPA is, therefore, exempting from 
subpart Kb all storage vessels that are subject to the Vegetable Oil 
Production NESHAP.

III. What Were the Comments Received on the Proposed Amendments?

Summary of Public Comments and Responses

    This section of the preamble is a summary of the major public 
comments received in response to the proposed rule amendments, and 
changes resulting from the comments. A full report of all comments 
received and responses to the comments are in the ``Standards of 
Performance for Volatile Organic Liquid Storage Vessels (Including 
Petroleum Liquid Storage Vessels) for Which Construction, 
Reconstruction, or Modification Commenced after July 23, 1984--Public 
Comments and Responses.'' The document may be found in Docket ID No. 
OAR-2002-0046.
    Comment: Two commenters recommended revising the definition of 
``process tank'' to clarify that a vessel used within a process before 
material is transferred to a by-product storage vessel is considered to 
be a process tank. The commenters also recommended that the definition 
be revised to include tanks used to collect and recirculate solvents. 
One commenter suggested the EPA clarify that flare knockout vessels and 
vessels used for surge control for wastewater and/or sludge are process 
tanks. Another commenter requested the EPA clarify that pipeline 
emergency breakout tanks are process tanks, and another commenter 
requested the EPA clarify that vessels used for fermentation, 
distillation, mixing and blending, condensing, filtering, and 
extraction are process tanks.
    Response: The EPA agrees that a vessel used within a process before 
material is transferred to a by-product storage vessel is considered to 
be a process tank. The definition of ``process tank'' in the final rule 
amendments reflects this view. The EPA considers vessels that receive 
and accumulate solvent or raw material from recovery processes to be 
storage vessels, not process tanks. Such vessels serve the same 
function as virgin solvent and raw material storage vessels, and some 
are located in tank farms with other storage vessels. The definition in 
the final rule amendments clarifies that ``process tank'' does not 
include such vessels. However, the definition also clarifies that 
vessels used within solvent and raw material recovery processes (that 
are not used for the ultimate storage of recovered liquids) are process 
tanks. The EPA agrees that flare knockout vessels and vessels used for 
surge control for wastewater and/or sludge are process tanks. The EPA 
also agrees that vessels used as described by one commenter 
(fermentation, distillation, etc.) are process tanks, and that the 
proposed definition of ``process tank'' would be interpreted to include 
such vessels. Finally, the EPA agrees that vessels used for pipeline 
surge control (not storage) are considered to be process tanks.
    Comment: Several commenters recommended raising the proposed vapor 
pressure applicability criteria to the levels at which control is 
required. One of the commenters stated that the EPA's rationale for the 
proposed levels would also support raising the criteria to the levels 
at which control is required.
    Response: The EPA disagrees that the rationale for the proposed 
applicability criteria also supports raising the levels to those at 
which control is required. The proposed applicability criteria would 
exempt tanks storing liquids with a vapor pressure significantly lower 
than the vapor pressure criteria for control. Regarding the vapor 
pressure at which recordkeeping of the stored liquid is required, the 
preamble to the 1987 final subpart Kb (49 FR 29711) states, ``These 
vapor pressures should be high enough so that records would not be kept 
on liquids that could not, under reasonable circumstances, reach the 
maximum true vapor pressure cutoffs, but low enough so that records 
would be kept on most liquids that could reach the maximum true vapor 
pressure cutoffs.'' This remains the EPA's position, and the EPA has, 
therefore, retained revised the applicability criteria as proposed.
    Comment: One commenter urged the EPA to state that it will not seek 
to enforce subpart Kb for process tanks that have been constructed, 
reconstructed or modified after July 23, 1984 and before the date of 
the proposed amendments to subpart Kb.
    Response: The EPA stated in the preamble to the proposed rule 
amendments that the 1998 interpretation of subpart Kb was definitive 
(in the sense that it was intended to set out the EPA's view and was 
written by an entity within the EPA with authority to do so) and, as 
such, can only be changed after notice-and-comment rulemaking. The EPA 
also stated that it would not be worthwhile to now propose to include 
process tanks under subpart Kb, and that the Agency was thus proposing 
to amend subpart Kb to exempt process tanks to codify the 1998 
position. Therefore, the EPA will not be taking any enforcement action 
regarding the tanks described by the commenter.
    Comment: One commenter urged the EPA to clarify its ``enforcement 
posture'' with respect to storage tanks in facilities other than the 
chemical and petroleum industries. The commenter stated several reasons 
for subpart Kb not applying outside the chemical and petroleum 
industries. The commenter stated that storage tanks outside the 
chemical and petroleum industries were not considered when determining 
the economic impacts of the proposed standards. The commenter also 
stated that the information collection request (ICR) for the standards 
was limited to the chemical and petroleum industries.
    Response: The EPA stated in the preamble to the proposed rule why 
the text of the rule indicates that the rule's scope is not limited to 
the chemical and petroleum industries. The EPA also described the 
process by which a source category on the CAA section 111 priority list 
for regulation was revised (concurrently with the promulgation of 
subpart Kb) to include all volatile organic liquid storage. The 
priority list had previously included storage vessel source categories 
only for the petroleum industry and the synthetic chemical 
manufacturing industry, confirming what is already clear from the 
proposed rule's text--it applies to industries other than chemical and 
petroleum.
    The commenter is correct that the economic analysis for subpart Kb 
did not include storage vessels in industries other than the chemical 
and petroleum industries. However, in the background information 
document for the proposed subpart Kb (EPA-450/3-81-003a), the amount of 
storage in industries outside the chemical and petroleum industries was 
estimated to be small enough (relative to storage in those industries) 
to be disregarded in the analysis.
    The commenter is also correct that the supporting statement for the 
ICR for subpart Kb lists only the chemical and petroleum industries as 
respondents. Again, the EPA estimated that these industries contain the 
overwhelming majority of volatile organic liquid storage vessels. The 
list of respondents in the ICR supporting statement does not determine 
the applicability of subpart Kb; 40 CFR 60.110b determines 
applicability. Subpart Kb has such broad applicability that an 
exhaustive list of respondents would be difficult to develop. The 
Office of Management and

[[Page 59331]]

Budget approved the current ICR for subpart Kb under terms which state 
that the EPA must submit a revised ICR, pursuant to the Paperwork 
Reduction Act and 5 CFR part 1320. The EPA intends to develop this 
expanded list during the next ICR renewal for subpart Kb.
    In conclusion, the EPA interprets subpart Kb to apply to volatile 
organic liquid storage vessels, regardless of industry.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Executive 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.
    It has been determined that the final rule amendments are not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and are, therefore, not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This action exempts certain sources from 40 CFR part 60, subpart Kb. 
Therefore, it is likely that this action could only reduce the 
information collection burden. The OMB has previously approved the 
information collection requirements contained in the existing 
regulations under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq., and has assigned OMB control number 2060-0074 (EPA 
ICR No. 1132.06).
    Copies of the ICR document(s) may be obtained from Susan Auby, by 
mail at the Office of Environmental Information, Collection Strategies 
Division; U.S. EPA (2822T); 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460, by email at [email protected], or by calling (202) 566-1672. 
A copy may also be downloaded off the internet at http://www.epa.gov/icr. Include the ICR or OMB number in any correspondence.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to, a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency 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 EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act 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 substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    For purposes of assessing the impacts of today's final rule 
amendments on small entities, a small entity is defined as: (1) A small 
business in the North American Industrial Classification System (NAICS) 
code 324 or 325 that has up to 500 employees; (2) a small business in 
NAICS code 424710 that has up to 100 employees; (3) 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 (4) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's final rule 
amendments on small entities, I certify that this action will not have 
a significant economic impact on a substantial number of small 
entities. The EPA has determined that none of the small entities will 
experience a significant impact because the final rule amendments 
impose no additional regulatory requirements on owners or operators of 
affected sources. In fact, the final rule amendments should decrease 
the impacts on small businesses because they exempt some sources from 
regulation.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 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, the 
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 by 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 the 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 the 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 the 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 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.
    The EPA has determined that the final rule amendments do not 
contain a Federal mandate that may result in

[[Page 59332]]

expenditures of $100 million or more for State, local, and tribal 
governments, in the aggregate, or the private sector in any 1 year. The 
final rule amendments exempt certain sources from regulation. Thus, 
today's final rule amendments are not subject to the requirements of 
sections 202 and 205 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires the 
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.''
    The final rule amendments do not have federalism implications. They 
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. The final rule 
amendments exempt certain sources from regulation. The final rule 
amendments impose no additional burden on sources, and the emissions 
reductions lost because of the exemptions are not significant. Thus, 
Executive Order 13132 does not apply to the final rule amendments.
    In the spirit of Executive Order 13132 and consistent with EPA 
policy to promote communications between the EPA and State and local 
governments, the EPA specifically solicited comment on the proposed 
rule amendments from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000) requires the 
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.'' The final rule amendments do not have 
tribal implications, as specified in Executive Order 13175. The final 
rule amendments exempt certain sources from regulation. The final rule 
amendments impose no additional burden on sources, and the emissions 
reductions lost because of the exemptions are not significant. Thus, 
Executive Order 13175 does not apply to the final rule amendments.
    The EPA specifically solicited additional comment on the proposed 
rule amendments from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that the EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the EPA 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 considered by the EPA.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. Today's final rule 
amendments are not subject to Executive Order 13045 because they are 
based on technology performance, not health or safety risks. 
Furthermore, the final rule amendments have been determined not to be 
``economically significant'' as defined under Executive Order 12866.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    The final rule amendments are not subject to Executive Order 13211 
(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 of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note), 
directs the 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, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. The NTTAA directs the EPA to 
provide Congress, through OMB, explanations when the Agency decides not 
to use available and applicable voluntary consensus standards.
    The final rule amendments do not involve technical standards. 
Therefore, the EPA is not considering the use of any voluntary 
consensus standards.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. Sec.  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. The 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). The final 
rule will be effective on October 15, 2003.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 24, 2003.
Marianne Lamont Horinko,
Acting Administrator.

0
For the reasons set out in the preamble, part 60 of title 40, chapter I 
of the Code of Federal Regulations is amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401-7601.

Subpart Kb--Standards of Performance for Volatile Organic Liquid 
Storage Vessels (Including Petroleum Liquid Storage Vessels) for 
Which Construction, Reconstruction, or Modification Commenced after 
July 23, 1984

0
2. Section 60.110b is amended by:
0
a. Revising paragraphs (a) and (b);
0
b. Removing and reserving paragraph (c); and
0
c. Adding paragraph (d)(8).
    The revisions and addition read as follows:

[[Page 59333]]

Sec.  60.110b  Applicability and designation of affected facility.

    (a) Except as provided in paragraph (b) of this section, the 
affected facility to which this subpart applies is each storage vessel 
with a capacity greater than or equal to 75 cubic meters (m\3\) that is 
used to store volatile organic liquids (VOL) for which construction, 
reconstruction, or modification is commenced after July 23, 1984.
    (b) This subpart does not apply to storage vessels with a capacity 
greater than or equal to 151 m\3\ storing a liquid with a maximum true 
vapor pressure less than 3.5 kilopascals (kPa) or with a capacity 
greater than or equal to 75 m\3\ but less than 151 m\3\ storing a 
liquid with a maximum true vapor pressure less than 15.0 kPa.
    (c) [Reserved]
    (d) * * *
    (8) Vessels subject to subpart GGGG of 40 CFR part 63.
* * * * *

0
3. Section 60.111b is amended by:
0
a. Removing the paragraph designations and placing the definitions in 
alphabetical order;
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b. Revising the definition of ``Storage vessel;''
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c. Revising the definition of ``Maximum true vapor pressure;''
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d. Revising the definition of ``Volatile organic liquid (VOL);'' and
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e. Adding, in alphabetical order, a definition of ``Process tank.''
    The revisions and addition read as follows:


Sec.  60.111b  Definitions.

* * * * *
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the volatile organic compounds (as defined in 40 CFR 51.100) 
in the stored VOL at the temperature equal to the highest calendar-
month average of the VOL storage temperature for VOL's stored above or 
below the ambient temperature or at the local maximum monthly average 
temperature as reported by the National Weather Service for VOL's 
stored at the ambient temperature, as determined:
    * * *
    Process tank means a tank that is used within a process (including 
a solvent or raw material recovery process) to collect material 
discharged from a feedstock storage vessel or equipment within the 
process before the material is transferred to other equipment within 
the process, to a product or by-product storage vessel, or to a vessel 
used to store recovered solvent or raw material. In many process tanks, 
unit operations such as reactions and blending are conducted. Other 
process tanks, such as surge control vessels and bottoms receivers, 
however, may not involve unit operations.
* * * * *
    Storage vessel means each tank, reservoir, or container used for 
the storage of volatile organic liquids but does not include:
    (1) Frames, housing, auxiliary supports, or other components that 
are not directly involved in the containment of liquids or vapors;
    (2) Subsurface caverns or porous rock reservoirs; or
    (3) Process tanks.
    Volatile organic liquid (VOL) means any organic liquid which can 
emit volatile organic compounds (as defined in 40 CFR 51.100) into the 
atmosphere.
* * * * *


Sec.  60.116b  [Amended]

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4. Section 60.116b is amended by removing the last sentence of 
paragraph (b).

[FR Doc. 03-24774 Filed 10-14-03; 8:45 am]
BILLING CODE 6560-50-P