[Federal Register Volume 70, Number 26 (Wednesday, February 9, 2005)]
[Proposed Rules]
[Pages 6974-6975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2309]



  Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / 
Proposed Rules  

[[Page 6974]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0033; FRL-7869-8]
RIN 2060-AF28


National Emission Standards for Hazardous Air Pollutants for 
Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming 
Units, and Sulfur Recovery Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: On April 11, 2002, pursuant to section 112 of the Clean Air 
Act (CAA), the EPA issued national emission standards to control 
hazardous air pollutants emitted from catalytic cracking units, 
catalytic reforming units, and sulfur recovery units at petroleum 
refineries. This proposal would amend several sections of the existing 
standards. The proposed amendments would revise the affected source 
designations and add new compliance options for catalytic reforming 
units that use different types of emission control systems, new 
monitoring alternatives for catalytic cracking units and catalytic 
reforming units, and a new procedure for determining the metal or total 
chloride concentration on catalyst particles. The proposed amendments 
would also defer technical requirements for most continuous parameter 
monitoring systems, clarify testing and monitoring requirements, and 
make editorial corrections to improve implementation of the standards 
and to promote better understanding of their requirements.

DATES: Comments. Comments must be received on or before March 11, 2005, 
unless a hearing is held. If a hearing is held, comments must be 
received on or before March 28, 2005.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0033, 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: National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Petroleum Refineries: Catalytic Cracking Units, 
Catalytic Reforming Units, and Sulfur Recovery Units Docket, 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460. Please include a total of two copies.
     Hand Delivery: Environmental Protection Agency, 1301 
Constitution Avenue, NW., Room B102, 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.
    Instructions: Direct your comments to Docket ID No. OAR-2002-0033. 
The 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 websites 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.
    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 information, 
such as copyrighted materials, 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 form at the Docket ID No. OAR-2002-0033 (or A-97-36), 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. Robert B. Lucas, Emission 
Standards Division (C439-03), Office of Air Quality Planning and 
Standards, Environmental Protection Agency, Research Triangle Park, NC 
27711, telephone number (919) 541-0884, fax number (919) 541-3470, e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION: In the Rules and Regulations section of this 
Federal Register, we are issuing these amendments as a direct final 
rule. We are making these amendments as a direct final rule without 
prior proposal because we view the revisions as noncontroversial and 
anticipate no adverse comments. We have explained our reasons for these 
revisions in the direct final rule.
    If we receive any significant adverse comment on one or more 
distinct amendments in the direct final rule, we will publish a timely 
notice of 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. If no significant adverse comments are 
received, no further action will be taken on this proposal and the 
direct final rule will become effective as provided in that notice.
    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 supplementary information, see the 
direct final rule.

I. General Information

A. Does This Action Apply to Me?

    Categories and entities potentially regulated by this action 
include:

[[Page 6975]]



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                                                  Examples of regulated
            Category              NAICS code\1\          entities
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Industry.......................           32411  Petroleum refineries
                                                  that operate catalytic
                                                  cracking units,
                                                  catalytic reforming
                                                  units, or sulfur
                                                  recovery units.
Federal government.............  ..............  Not affected.
State/local/tribal government..  ..............  Not affected.
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\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.1561 of the 
NESHAP for petroleum refineries: catalytic cracking units, catalytic 
reforming units, and sulfur recovery units. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the contact person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.

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

    Do not submit information containing CBI to EPA through EDOCKET, 
regulations.gov or e-mail. Send or deliver information identified as 
CBI only to the following address: Roberto Morales, OAQPS Document 
Control Officer (C404-02), U.S. EPA, Research Triangle Park, NC 27711, 
Attention Docket ID No. OAR-2002-0033. 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 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.

C. Where Can I Get a Copy of This Document and Other Related 
Information?

    In addition to being available in the docket, an electronic copy of 
today's proposed amendments is also available on the Worldwide Web 
(WWW) through the Technology Transfer Network (TTN). Following the 
Administrator's signature, a copy of the proposed amendments will be 
placed on the TTN's policy and guidance page for newly proposed or 
promulgated rules at http://www.epa.gov/ttn/oarpgs. 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.

D. Will There Be a Public Hearing?

    If anyone contacts the EPA requesting to speak at a public hearing 
by February 22, 2005, a public hearing will be held on February 23, 
2005. If a public hearing is requested, it will be held at 10 a.m. at 
the EPA Facility Complex in Research Triangle Park, North Carolina or 
at an alternate site nearby.

II. Statutory and Executive Order Reviews

    For information regarding other administrative requirements for 
this action, please see the direct final rule that is located in the 
Rules and Regulations section of this Federal Register.
    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 proposed 
amendments on small entities, a small entity is defined as: (1) A small 
business that has no more than 1,500 employees and no more than 75,000 
barrels per day capacity of petroleum-based inputs, including crude oil 
or bona fide feedstocks; \1\ for NAIC code 32411; (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; or (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
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    \1\ Capacity includes owned or leased facilities as well as 
facilities under a processing agreement or an agreement such as an 
exchange agreement or a throughput. The total product to be 
delivered under the contract must be at least 90 percent refined by 
the successful bidder from either crude oil or bona fide feedstocks.
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    After considering the economic impacts of today's proposed 
amendments on small entities, I certify 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 impact on small entities, since the primary 
purpose of the regulatory flexibility analyses is to identify and 
address regulatory alternatives which minimize any significant economic 
impact of the proposed rule on small entities (5 U.S.C. 603-604). Thus, 
an agency may certify 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 effect on the small 
entities subject to the rule. The proposed amendments make improvements 
to the existing standards by adding new compliance options, allowing 
more time for certain new or reconstructed affected sources to comply, 
and clarifying monitoring and testing requirements. We have, therefore, 
concluded that today's proposed amendments will have no adverse impacts 
on any small entities and may relieve burden in some cases. We continue 
to be interested in the potential impacts of the proposed rule on small 
entities and welcome comments on issues related to such impacts.

List of Subjects in 40 CFR Part 63

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

    Dated: February 1, 2005.
Stephen L. Johnson,
Acting Administrator.
[FR Doc. 05-2309 Filed 2-8-05; 8:45 am]
BILLING CODE 6560-50-P