[Federal Register Volume 69, Number 246 (Thursday, December 23, 2004)]
[Proposed Rules]
[Pages 76894-76897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27991]



[[Page 76894]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0023; FRL-7852-4]
RIN 2060-AK49


National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Organic Hazardous Air Pollutants From the Synthetic 
Organic Chemical Manufacturing Industry and Other Processes Subject to 
the Negotiated Regulation for Equipment Leaks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule, amendments.

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SUMMARY: This action proposes to amend the National Emission Standards 
for Hazardous Air Pollutants for Source Categories: Organic Hazardous 
Air Pollutants from the Synthetic Organic Chemical Manufacturing 
Industry and Other Processes Subject to the Negotiated Regulation for 
Equipment Leaks. The standards are commonly known as the Hazardous 
Organic NESHAP or the HON. This action proposes to amend the HON to 
allow vapor balancing in conjunction with the use of a pressure setting 
to comply with the storage tank control requirements of the standards.
    In the Rules and Regulations section of this Federal Register, we 
are taking direct final action on the proposed amendments because we 
view the amendments as noncontroversial, and we anticipate no adverse 
comments. We have explained our reasons for the proposed amendments in 
the preamble to the direct final rule. If we receive no adverse 
comments, we will take no further action on the proposed rule. If we 
receive any timely adverse comments, we will publish a notice 
withdrawing the direct final rule. All such comments will be addressed 
in a subsequent final rule based on the proposed rule. We will not 
institute a second comment period on that subsequent final rule. Any 
parties interested in commenting must do so at this time.

DATES: Comments. Written comments must be received by January 24, 2005, 
unless a public hearing is requested by January 3, 2005. If a public 
hearing is requested, written comments must be received by February 7, 
2005.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing, a public hearing will be held on January 6, 2005.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2003-
0023, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1741.
     Mail: EPA Docket Center, Environmental Protection Agency, 
Mailcode: 6102T, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. 
Please include a duplicate copy, if possible.
     Hand Delivery: Air and Radiation Docket, Environmental 
Protection Agency, 1301 Constitution Avenue, NW, Room B-108, 
Washington, DC 20460. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    We request that a separate copy also be sent to the contact person 
listed below (see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. OAR-2003-0023. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov Web sites are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through EDOCKET or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., 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 in EDOCKET or in hard 
copy at the Air and Radiation Docket, EPA/DC, EPA West, Room B102, 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 Docket is (202) 566-
1742.
    Public Hearing. If a public hearing is held, it will be held at 10 
a.m. at the EPA's Environmental Research Center Auditorium, Research 
Triangle Park, North Carolina or at an alternate site nearby.

FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Organic Chemicals 
Group, Emission Standards Division (Mail Code C504-04), U.S. EPA, 
Research Triangle Park, North Carolina 27711, telephone number (919) 
541-5402, electronic mail address [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. The regulated category 
and entities affected by this action include:

------------------------------------------------------------------------
                                  N A I C      Examples of regulated
            Category              S code              entities
------------------------------------------------------------------------
Industrial.....................      325   Chemical manufacturing
                                            facilities.
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    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 (40 CFR 
63.100). If you have questions regarding the applicability of the 
amendments to a particular entity, consult the person

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listed in the preceding FOR FURTHER INFORMATION CONTACT section.

What Should I Consider as I Prepare My Comments for EPA?

    Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI). In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Mr. 
Randy McDonald, Organic Chemicals Group, Emission Standards Division 
(Mail Code C504-04), U.S. EPA, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5402, electronic mail address 
[email protected]., at least 2 days in advance of the potential 
date of the public hearing. Persons interested in attending the public 
hearing must also call Mr. Randy McDonald 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.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposal will also be available on the 
WWW through the Technology Transfer Network (TTN). Following signature, 
a copy of this action will be posted on the TTN's policy and guidance 
page for newly proposed 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.
    Direct Final Rule. A direct final rule identical to the proposal is 
published in the Rules and Regulations section of this Federal 
Register. If we receive any adverse comment pertaining to the amendment 
in the proposal, we will publish a timely notice in the Federal 
Register informing the public that the amendments are being withdrawn 
due to adverse comment. We will address all public comments concerning 
the withdrawn amendments in a subsequent final rule. If no relevant 
adverse comments are received, no further action will be taken on the 
proposal, and the direct final rule will become effective as provided 
in that action.
    The regulatory text for the proposal is identical to that for the 
direct final rule published in the Rules and Regulations section of 
this Federal Register. For further supplemental information, the 
detailed rationale for the proposal, and the regulatory revisions, see 
the information provided in the direct final rule published in a 
separate part of this Federal Register.

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 proposed 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 gives a source owner or operator the option of using vapor 
balancing to comply with the standards. Since it is only an option, 
this action will not increase the information collection burden. 
However, 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 2060-0282 (EPA ICR No. 1414.04).
    A copy of the OMB approved Information Collection Request (ICR) may 
be obtained from Susan Auby, Collection Strategies Division; U.S. EPA 
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460, or by 
calling (202) 566-1672. 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

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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 Analysis

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with the proposed rule.
    For purposes of assessing the impacts of today's proposed 
amendments on small entities, a small entity is defined as: (1) A small 
business in the North American Industrial Classification System (NAICS) 
code 325 that has up to 500 employees; (2) 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 
(3) 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 proposed 
amendments on small entities, EPA has concluded that this action will 
not have a significant economic impact on a substantial number of small 
entities. In determining whether a proposed rule has a significant 
economic impact on a substantial number of small entities, the impact 
of concern is any significant adverse economic impact, since the 
primary purpose of the regulatory flexibility analysis is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the proposed rule on small entities (5 U.S.C. 
sections 603 and 604).'' Thus, any agency may conclude that a rule will 
not have a significant economic impact on a substantial number of small 
entities if the rule relieves regulatory burden or otherwise has a 
positive economic effect on all of the small entities subject to the 
rule. The proposed amendments add a compliance option granting greater 
flexibility to small entities subject to the HON that may result in a 
more efficient use of resources for them and, therefore, impose no 
additional regulatory costs or requirements on owners or operators of 
affected sources.

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 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 proposed rule amendments do not 
contain 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. The proposed rule 
amendments provide a source owner or operator with another option to 
comply with the standards. Therefore, the proposed 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 proposed 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 proposed rule 
amendments provide a source owner or operator with another option to 
comply with the standards and, therefore, impose no additional burden 
on sources. Thus, Executive Order 13132 does not apply to the proposed 
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 solicits 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 proposed rule amendments do not 
have tribal implications, as specified in Executive Order 13175. The 
proposed rule amendments provide a source owner or operator with 
another option to comply with the standards and, therefore, impose no 
additional burden on sources. Thus, Executive Order 13175 does not 
apply to the proposed rule amendments.
    The EPA specifically solicits 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

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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 proposed rule 
amendments are not subject to Executive Order 13045 because they are 
based on technology performance, not health or safety risks. 
Furthermore, the proposed 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 proposed rule amendments are not subject to Executive Order 
13211 (66 FR 28355, May 22, 2001) because they are 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 No. 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.
    No new standard requirements are cited in the proposed rule 
amendments. Therefore, the EPA is not proposing or adopting any 
voluntary consensus standards in the proposed rule amendments.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: December 16, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-27991 Filed 12-22-04; 8:45 am]
BILLING CODE 6560-50-P