[Federal Register Volume 69, Number 246 (Thursday, December 23, 2004)]
[Rules and Regulations]
[Pages 76859-76863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27992]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0023; FRL-7852-3]
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 Equipments Leaks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

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SUMMARY: The EPA is taking direct final action to amend the National 
Emission Standards for Hazardous Air Pollutants (NESHAP) 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 amends 
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.

DATES: The direct final rule will be effective on March 8, 2005 without 
further notice, unless adverse comments are received by January 24, 
2005, or by February 7, 2005 if a public hearing is requested. See the 
proposed rule amendments in this issue of the Federal Register for 
information on the hearing. If we receive timely adverse comments, we 
will withdraw the direct final rule and take final action pursuant to 
the proposed rule amendments.

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.

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:

------------------------------------------------------------------------
                                    NAICS       Examples of  regulated
            Category                 code              entities
------------------------------------------------------------------------
Industrial......................       325   Chemical manufacturing
                                              facilities.
------------------------------------------------------------------------

    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 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

[[Page 76860]]

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.
    Comments. We are publishing the direct final rule without prior 
proposal because we view it as noncontroversial and do not anticipate 
adverse comments. However, in the Proposed Rules section of today's 
Federal Register, we are publishing a separate document that will serve 
as the proposal in the event that adverse comments are filed. If we 
receive any adverse comments on a specific element of the direct final 
rule, we will publish a timely withdrawal in the Federal Register 
informing the public which amendments will become effective and which 
amendments are being withdrawn due to adverse comment. We will address 
all public comments in a subsequent final rule based on the proposed 
rule amendments. Any of the distinct amendments in the direct final 
rule for which we do not receive adverse comment will become effective 
on the date set out above. We will not institute a second comment 
period on the direct final rule. Any parties interested in commenting 
must do so at this time.
    World Wide Web (WWW). In addition to being available in the docket, 
electronic copies of today's action will be posted on the Technology 
Transfer Network's (TTN) policy and guidance information page http://www.epa.gov/ttn/caaa. 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.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of the direct final rule is available only by filing a petition 
for review in the U.S. Court of Appeals for the District of Columbia by 
February 22, 2005. Under section 307(d)(7)(B) of the CAA, only an 
objection to the direct final rule that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review.
    Outline. The information presented in this preamble is organized as 
follows:

I. Why are we publishing the amendments as a direct final rule?
II. What amendments are we making to the HON?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Analysis
    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. Why Are We Publishing the Amendments as a Direct Final Rule?

    We are publishing the amendments without prior proposal because we 
view the changes as noncontroversial and anticipate no adverse comment. 
The final rule amendments to the HON increase flexibility by adding a 
new compliance option. The final rule amendments do not alter the 
stringency of the standards, have no adverse health or environmental 
impacts, and will not increase costs. The compliance option of vapor 
balancing and use of a pressure setting to comply with storage tank 
control requirements has been used in several maximum achievable 
control technology (MACT) standards including the NESHAP for 
Pharmaceuticals Production, the NESHAP for Pesticide Active Ingredient 
Production, and the NESHAP for Miscellaneous Organic Chemical 
Manufacturing.
    However, in the proposed rules section of this Federal Register, we 
are publishing a separate document that will serve as the proposal in 
the event that adverse comments are filed. If we receive any adverse 
comments on the direct final rule, we will publish a timely withdrawal 
in the Federal Register informing the public that the amendments are 
being withdrawn due to adverse comment. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on the direct final rule. Any 
parties interested in commenting must do so at this time.

II. What Amendments Are We Making to the HON?

    We are amending the HON to allow vapor balancing in conjunction 
with the use of a tank pressure setting to comply with the storage tank 
control requirements. Vapor balancing captures the displaced emissions, 
or working losses, from the storage tank and returns the vapors to the 
tank truck, railcar, or barge. To eliminate diurnal breathing losses 
from storage vessels, the vapor balancing provisions require a pressure 
setting of 2.5 pounds per square inch gage (psig) on the pressure-
relief valve on storage vessels. The vapor balancing provision requires 
that displaced vapors from tank trucks and railcars be controlled at 
the reloading or cleaning facility to at least 95 percent, the control 
level of the standard.
    As a means of demonstrating continuous compliance with the pressure 
setting requirement, the provisions require the owner or operator to 
record the pressure vent setting during each transfer operation and to 
monitor the pressure relief valve on a quarterly basis to ensure no 
breathing losses. To demonstrate compliance with the offsite 
provisions, the owner or operator must obtain a certification from the 
cleaning and reloading facility indicating that the control 
requirements will be met. In addition, tank trucks, railcars, and 
barges would be required to have current certification of compliance 
with pressure test

[[Page 76861]]

requirements, and the owner or operator would be required to keep a 
record of the certifications.
    We are making the direct final rule amendments because they provide 
the industry with another compliance option, one that will result in 
emissions reductions equal to, or greater than, those achieved by the 
existing control options. The direct final rule amendments would also 
result in a more efficient use of resources because a tank owner would 
not have to purchase and operate control equipment if a liquid supplier 
agrees to capture the vapors from the tank and treat them offsite. 
Vapor balancing provisions identical to those we are adding to the HON 
are already included in the promulgated NESHAP for Pharmaceuticals 
Production, Pesticide Active Ingredient Production, and Miscellaneous 
Organic Chemical Manufacturing.

III. 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 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 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 final rule.
    For purposes of assessing the impacts of today's 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 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 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 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 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

[[Page 76862]]

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 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 provide a source owner or operator with another option to 
comply with the standards. Therefore, the 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 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 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 solicits comment on the final 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 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 
final rule amendments.
    The EPA specifically solicits additional comment on the final rule 
amendments from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health 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 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 final rule 
amendments. Therefore, the EPA is not proposing or adopting any 
voluntary consensus standards in the final rule amendments.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 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 the direct final 
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 direct final rule in the Federal Register. 
The direct final rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

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.

0
For the reasons set out in the preamble, title 40, chapter I, part 63 
of the Code of Federal Regulations are amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:


[[Page 76863]]


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

Subpart G--[AMENDED]

0
2. Section 63.119 is amended by:
0
a. Revising paragraphs (a)(1) and (2); and
0
b. Adding paragraph (g).
    The revisions and addition read as follows:


Sec.  63.119  Storage vessel provisions-reference control technology.

    (a) * * *
    (1) For each Group 1 storage vessel (as defined in table 5 of this 
subpart for existing sources and table 6 of the subpart for new 
sources) storing a liquid for which the maximum true vapor pressure of 
the total organic hazardous air pollutants in the liquid is less than 
76.6 kilopascals, the owner or operator shall reduce hazardous air 
pollutants emissions to the atmosphere either by operating and 
maintaining a fixed roof and internal floating roof, an external 
floating roof, an external floating roof converted to an internal 
floating roof, a closed vent system and control device, routing the 
emissions to a process or a fuel gas system, or vapor balancing in 
accordance with the requirements in paragraph (b), (c), (d), (e), (f), 
or (g) of this section, or equivalent as provided in Sec.  63.121 of 
this subpart.
    (2) For each Group 1 storage vessel (as defined in table 5 of this 
subpart for existing sources and table 6 of this subpart for new 
sources) storing a liquid for which the maximum true vapor pressure of 
the total organic hazardous air pollutants in the liquid is greater 
than or equal to 76.6 kilopascals, the owner or operator shall operate 
and maintain a closed vent system and control device meeting the 
requirements specified in paragraph (e) of this section, route the 
emissions to a process or a fuel gas system as specified in paragraph 
(f) of this section, vapor balance as specified in paragraph (g) of 
this section, or equivalent as provided in Sec.  63.121 of this 
subpart.
* * * * *
    (g) The owner or operator who elects to vapor balance to comply 
with the requirements of paragraphs (a)(1) and (2) of this section 
shall comply with paragraphs (g)(1) through (7) of this section and the 
recordkeeping requirements of Sec.  63.123(i).
    (1) The vapor balancing system must be designed and operated to 
route organic HAP vapors displaced from loading of the storage tank to 
the railcar, tank truck, or barge from which the storage tank is 
filled.
    (2) Tank trucks and railcars must have a current certification in 
accordance with the U.S. Department of Transportation pressure test 
requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for 
railcars. Barges must have a current certification of vapor-tightness 
through testing in accordance with 40 CFR 63.565.
    (3) Hazardous air pollutants must only be unloaded from tank trucks 
or railcars when vapor collection systems are connected to the storage 
tank's vapor collection system.
    (4) No pressure relief device on the storage tank, or on the 
railcar or tank truck, shall open during loading or as a result of 
diurnal temperature changes (breathing losses).
    (5) Pressure relief devices must be set to no less than 2.5 psig at 
all times to prevent breathing losses. Pressure relief devices may be 
set at values less than 2.5 psig if the owner or operator provides 
rationale in the notification of compliance status report explaining 
why the alternative value is sufficient to prevent breathing losses at 
all times. The owner or operator shall comply with paragraphs (g)(5)(i) 
through (iii) of this section for each pressure relief valve.
    (i) The pressure relief valve shall be monitored quarterly using 
the method described in Sec.  63.180(b).
    (ii) An instrument reading of 500 ppmv or greater defines a leak.
    (iii) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 5 days after it is detected, and the 
owner or operator shall comply with the recordkeeping requirements of 
Sec.  63.181(d)(1) through (4).
    (6) Railcars, tank trucks, or barges that deliver HAP to a storage 
tank must be reloaded or cleaned at a facility that utilizes the 
control techniques specified in paragraph (g)(6)(i) or (ii) of this 
section.
    (i) The railcar, tank truck, or barge must be connected to a 
closed-vent system with a control device that reduces inlet emissions 
of HAP by 95 percent by weight or greater.
    (ii) A vapor balancing system designed and operated to collect 
organic HAP vapor displaced from the tank truck, railcar, or barge 
during reloading must be used to route the collected HAP vapor to the 
storage tank from which the liquid being transferred originated.
    (7) The owner or operator of the facility where the railcar, tank 
truck, or barge is reloaded or cleaned must comply with paragraphs 
(g)(7)(i) through (iii) of this section.
    (i) Submit to the owner or operator of the storage tank and to the 
Administrator a written certification that the reloading or cleaning 
facility will meet the requirements of this section. The certifying 
entity may revoke the written certification by sending a written 
statement to the owner or operator of the storage tank giving at least 
90 days notice that the certifying entity is rescinding acceptance of 
responsibility for compliance with the requirements of this paragraph 
(g)(7).
    (ii) If complying with paragraph (g)(6)(i) of this section, comply 
with the requirements for a closed vent system and control device 
specified in Sec. Sec.  63.119 through 63.123.
    (iii) If complying with paragraph (g)(6)(ii) of this section, keep 
the records specified in Sec.  63.123(i)(3).

0
3. Section 63.123 is amended by adding paragraph (i) to read as 
follows:


Sec.  63.123  Storage vessel provisions--recordkeeping.

* * * * *
    (i) An owner or operator who elects to comply with Sec.  63.119(g) 
shall keep the records specified in paragraphs (i)(1) through (3) of 
this section.
    (1) A record of the U.S. Department of Transportation certification 
required by Sec.  63.119(g)(2).
    (2) A record of the pressure relief vent setting specified in Sec.  
63.119(g)(5).
    (3) If complying with Sec.  63.119(g)(6)(ii), keep the records 
specified in paragraphs (i)(3)(i) and (ii) of this section.
    (i) A record of the equipment to be used and the procedures to be 
followed when reloading the railcar, tank truck, or barge and 
displacing vapors to the storage tank from which the liquid originates.
    (ii) A record of each time the vapor balancing system is used to 
comply with Sec.  63.119(g)(6)(ii).

[FR Doc. 04-27992 Filed 12-22-04; 8:45 am]
BILLING CODE 6560-50-P