[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Rules and Regulations]
[Pages 28360-28365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9594]



[[Page 28359]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Asphalt 
Processing and Asphalt Roofing Manufacturing; Direct Final Rule and 
Proposed Rule

  Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Rules 
and Regulations  

[[Page 28360]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0035; FRL-7911-6]
RIN 2060-AM10


National Emission Standards for Hazardous Air Pollutants: Asphalt 
Processing and Asphalt Roofing Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

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SUMMARY: The EPA is taking direct final action on amendments to the 
national emission standards for hazardous air pollutants (NESHAP) for 
asphalt processing and asphalt roofing manufacturing, which were issued 
on April 29, 2003 under section 112 of the Clean Air Act (CAA). These 
amendments correct minor errors and add a clarifying exemption 
inadvertently omitted in the final rule. We are issuing these 
amendments as a direct final rule, without prior proposal, because we 
view the revisions as noncontroversial and anticipate no significant 
adverse comments. However, in the Proposed Rules section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposal to amend the national emission standards for asphalt 
processing and asphalt roofing manufacturing, if significant 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and which amendments are being withdrawn due to adverse comment.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. 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 below. We will not institute a second comment 
period on the direct final rule. Any parties interested in commenting 
must do so at this time.

DATES: The direct final rule will be effective on August 15, 2005 
without further notice, unless EPA receives significant adverse written 
comments by June 16, 2005, or by July 1, 2005, if a public hearing is 
requested. If EPA receives such comments, it will publish a timely 
withdrawal in the Federal Register indicating which provisions will 
become effective and which provisions are being withdrawn due to 
adverse comment.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0035, 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-2002-0035. 
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. 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. Rick Colyer, Minerals and 
Inorganic Chemicals Group, Emission Standards Division (C504-05), U.S. 
EPA, Research Triangle Park, North Carolina 27711; telephone number 
(919) 541-5262; facsimile number (919) 541-5600; electronic mail 
address [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities 
potentially regulated by this action include:

[[Page 28361]]



                                                       Table 1.--Regulated Categories and Entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NAICS \a\                                                 SIC \b\
               Category               ------------------------------------------------------------------------------------------------------------------
                                          Code                     Description                      Code                     Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
Manufacturing........................     324122  Asphalt shingle and coating materials               2952  Asphalt felts and coatings.
                                                   manufacturing.
Manufacturing........................      32411  Petroleum refineries.........................       2911  Petroleum refining.
Federal Government...................                         Not affected
                                                              Not affected
State/Local/Tribal Government........                        Not affected
                                                             Not affected
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ North American Information Classification System.
\b\ Standard Industrial Classification Code.

    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 Sec. Sec.  63.8681 and 
63.8682 of the final rule. If you have any questions regarding the 
applicability of this action to a particular entity, contact the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Worldwide 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.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of the direct final rule is available only on the filing of a 
petition for review in the U.S. Court of Appeals for the District of 
Columbia Circuit by July 18, 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. Moreover, under section 307(b)(2) of the 
CAA, the requirements that are subject to today's action may not be 
challenged later in civil or criminal proceedings brought by EPA to 
enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
    A. Technical Corrections
    B. Nonapplicability Clarification
II. 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 and 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. Background

    The EPA promulgated national emission standards for hazardous air 
pollutants for asphalt processing and asphalt roofing manufacturing on 
April 29, 2003 (68 FR 22975) (reprinted on May 7, 2003 at 68 FR 24562). 
Today's action includes amendments to correct errors in definitions and 
equations and adds language to one other provision (relating to 
applicability) so that the rule language conforms to the preamble 
discussion to the final rule. We are also adding an exemption to 
applicability to another rule inadvertently omitted from the final 
rule.

A. Technical Corrections

    The promulgated rule contains definitions for Group 1 and Group 2 
asphalt loading racks and asphalt storage tanks. A Group 1 loading rack 
currently is defined as one that loads asphalt with a maximum 
temperature of 260 [deg]C (500 [deg]F) or greater or with a maximum 
true vapor pressure of 10.4 kiloPascals (kPa)(1.5 pounds per square 
inch absolute (psia)) or greater. Similarly, a Group 1 asphalt storage 
tank currently is defined as one that stores asphalt with a maximum 
temperature of 260 [deg]C (500 [deg]F) or greater or with a maximum 
true vapor pressure of 10.4 kPa (1.5 pounds psia) or greater. 
Furthermore, in the final rule, we define a Group 2 asphalt loading 
rack as one that loads asphalt with a maximum temperature less than 260 
[deg]C (500 [deg]F) or with a maximum true vapor pressure less than 
10.4 kPa (1.5 psia). However, because the Group 2 definition also 
contains an ``or,'' it creates the situation where a loading rack could 
fit both definitions. A Group 2 asphalt storage tank is defined in the 
promulgated rule as any tank that is not a Group 1 tank. The Group 2 
asphalt loading rack should have had parallel language; that is, a 
Group 2 asphalt loading rack should have been defined simply as any 
asphalt loading rack that was not a Group 1 loading rack in order to 
make Group 1 and Group 2 mutually exclusive.
    However, an additional wording problem exists with the definitions 
of Group 1 asphalt loading rack and storage tank. Both definitions in 
the promulgated rule specify that loading racks or storage tanks that 
load or store asphalt at or greater than a certain temperature or 
pressure are considered to be Group 1. This creates the unintended 
problem of having to determine both temperature and pressure of the 
asphalt being loaded or stored to determine whether the tank or loading 
rack is Group 1 or Group 2. As stated in the preamble to the final rule 
(68 FR 23471, May 7, 2003), because of the testing problems associated 
with determining vapor pressure, we specify in the final rule that 
owners or operators could monitor temperature ``* * * instead of 
requiring facilities to physically measure asphalt vapor pressure.'' To 
achieve the intended consequence of measuring temperature instead of 
vapor pressure of the asphalt, the wording in the Group 1 definitions 
should have been that both the temperature and vapor pressure criteria 
must be met before the loading rack or storage tank can be designated 
as a Group 1 emission point, so that if either the temperature or vapor 
pressure did not exceed the maximum value, the emission point would not 
be a Group 1 point. Thus, the owner or operator could use temperature 
alone to determine if an emission point was not considered Group 1, as 
stated in the preamble. Accordingly, we are revising the definitions 
for the Group 1 asphalt storage tanks and loading racks as those that 
load/store asphalt with a maximum temperature of 260 [deg]C (500 
[deg]F) or greater and with a maximum true vapor pressure of 10.4 kPa 
(1.5 pounds psia) or greater.

[[Page 28362]]

    Table 2 provides a decision matrix for determining Group 1 and 
Group 2 storage tanks and loading racks.

 Table 2.--Decision Matrix for Determining Storage Tank and Loading Rack
                                  Group
------------------------------------------------------------------------
                                      VP <  10.4 kPa    VP >=  10.4 kPa
------------------------------------------------------------------------
Temp < 260 [deg]C.................  Group 2            Group 2.
Temp >= 260 [deg]C................  Group 2            Group 1.
------------------------------------------------------------------------

    We are also revising the wording of the definition of Group 2 
asphalt loading racks to parallel that of Group 2 asphalt storage 
tanks. These changes should have no effect other than to ease the 
measurement burden for owners and operators.
    We are also making a correction to the unit conversion constant, K, 
in Equation 4. The promulgated rule establishes K as 3.00E-05 (parts 
per million volume (ppmv)) -\1\ (gram-mole/standard cubic 
meter) (kilogram/gram) (minutes/hour). We have since determined that 
this is incorrect, both in value and in units. The correct value and 
units for K should be 1.10E-04 (ppmv) -\1\ (kilogram/
standard cubic meter) (minutes/hour).
    We are correcting a cite in footnote ``a'' to table 5 to subpart 
LLLLL. The last sentence of footnote ``a'' references the data 
reduction requirements in ``Sec.  63.9(g).'' The reference should be 
``Sec.  63.8(g), Reduction of monitoring data.''
    Finally, we removed English units from several equations that were 
based on metric units.

B. Nonapplicability Clarification

    Several commenters on the proposed rule (66 FR 58610, November 21, 
2001) wanted to ensure that emissions from the blowing still combusted 
in a thermal oxidizer would not be considered a fuel gas and become 
potentially subject to the sulfur requirements of 40 CFR part 60, 
subpart J, Standards of Performance for Petroleum Refineries. Asphalt 
can contain some amounts of sulfur. Subpart J contains provisions that 
limit sulfur oxide emissions from the combustion of fuel gases at a 
refinery. We agree with the commenters that the addition of a 
combustion device to control blowing still emissions as required by the 
asphalt rule should not trigger the requirements of another rule. We 
also note that while asphalt blowing can occur at a refinery, it is not 
considered a refinery process subject to subpart J. In our background 
information document responding to comments on the proposed rule 
(National Emission Standards for Hazardous Air Pollutants: Asphalt 
Processing and Asphalt Roofing Manufacturing-Background Information 
Document for Promulgated Standards, EPA-453/R-03-005, section 2.11.1), 
we stated that we were going to clarify explicitly that blowing still 
emissions are not subject to the fuel gas requirements of subpart J. 
However, we failed to add that provision to the final rule. Today's 
amendments correct that inadvertent omission.

II. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The Executive Order 
defines a ``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 entitlement, 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.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that the direct final amendments do not constitute a 
``significant regulatory action'' because they do not meet any of the 
above criteria. Consequently, this action was not submitted to OMB for 
review under Executive Order 12866.

B. Paperwork Reduction Act

    The information collection requirements in the final rule (68 FR 
22975, April 29, 2003) were submitted to and approved by OMB under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and assigned OMB 
control number 2060-0520. An Information Collection Request (ICR) 
document was prepared by EPA (ICR No. 2029.02) and a copy may be 
obtained from Susan Auby by mail at Office of Environmental Information 
Collection Strategies Division (MD-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 from the Internet at 
http://www.epa.gov/icr.
    Today's action makes clarifying changes to the final rule and 
imposes no new information collection requirements on the industry. 
Because there is no additional burden on the industry as a result of 
the direct final rule amendments, the ICR has not been revised.
    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 purpose 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 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 number for EPA's 
regulations in 40 CFR part 63 are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) 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 direct final rule 
amendments on small entities, a small entity is defined as: (1) A small 
business that is primarily engaged in the processing of asphalt or the 
manufacture of asphalt roofing materials according to Small Business 
Administration (SBA) size standards by NAICS code (in this case, less 
than 750 employees for affected businesses classified in NAICS code 
324122, Asphalt Shingles and Coating Materials Manufacturing and less 
than

[[Page 28363]]

1,500 employees for businesses in NAICS code 32411, Petroleum 
Refineries); (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 that is independently owned and operated 
and is not dominant in its field.
    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 on small entities, since the 
primary purpose of the regulatory flexibility analysis is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities.'' (5 U.S.C. Sections 603 
and 604.) Thus, an 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 in today's direct final rule improve the emission standards 
by correcting errors and omissions. These changes should have no effect 
other than to ease the measurement burden for owners and operators. In 
addition, we are making a correction to the unit conversion constant, a 
cite in footnote ``a'' to table 5, and removed English units from 
several equations that were based on metric units. After considering 
the economic impacts of today's direct final rule amendments on small 
entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities.

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 
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, enabling officials of 
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 direct final rule amendments 
contain no Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments, in the 
aggregate, or to the private sector in any 1 year. Thus, today's direct 
final rule amendments are not subject to sections 202 and 205 of the 
UMRA. The EPA has also determined that the direct final rule amendments 
contain no regulatory requirements that might significantly or uniquely 
affect small governments. Thus, today's direct final rule amendments 
are not subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires 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 direct final rule amendments do not have federalism 
implications and 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. 
None of the affected facilities are owned or operated by State 
governments. Thus, Executive Order 13132 does not apply to the direct 
final rule amendments.

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

    Executive Order 13175 (65 FR 67249, November 9, 2000) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input in the development of regulatory policies on matters that have 
tribal implications.''
    The direct final rule amendments do not have tribal implications, 
as specified in Executive Order 13175. They will not have substantial 
direct effects on tribal governments, on the relationship between the 
Federal government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal government and Indian tribes. 
No tribal governments own or operate facilities subject to the NESHAP. 
Thus, Executive Order 13175 does not apply to the direct final rule 
amendments.

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 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 Agency.
    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. The direct final rule 
amendments are not subject to Executive Order 13045 because they are 
based on technology performance and not on health or safety risks.

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

    The direct final rule amendments are not subject to Executive Order 
13211,

[[Page 28364]]

``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because they 
are not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272 note) directs 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, 
business practices) developed or adopted by one or more voluntary 
consensus bodies. The NTTAA directs EPA to provide Congress, through 
annual reports to the OMB, with explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    The direct final rule amendments do not involve technical standards 
and, therefore, are not subject to the NTTAA.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement 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 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 the publication of the direct final rule amendments in today's 
Federal Register. The direct final rule amendments are not a ``major 
rule'' as defined by 5 U.S.C. 804(2). The final rule amendments will be 
effective August 15, 2005.

List of Subjects in 40 CFR Part 63

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

    Dated: May 6, 2005.
Stephen L. Johnson,
Acting Administrator.

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

PART 63--[AMENDED]

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

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

Subpart LLLLL--[AMENDED]

0
2. Section 63.8681 is amended by redesignating paragraph (e) as (f) and 
adding a new paragraph (e) to read as follows:


Sec.  63.8681  Am I subject to this subpart?

* * * * *
    (e) The provisions of subpart J of 40 CFR part 60 do not apply to 
emissions from asphalt processing facilities subject to this subpart.
* * * * *

0
3. Section 63.8687 is amended by revising paragraphs (e)(1) and (e)(2) 
to read as follows:


Sec.  63.8687  What performance tests, design evaluations, and other 
procedures must I use?

* * * * *
    (e) * * *
    (1) To determine compliance with the particulate matter mass 
emission rate, you must use Equations 1 and 2 of this section as 
follows:

[GRAPHIC] [TIFF OMITTED] TR17MY05.000


Where:

E = Particulate matter emission rate, kilograms of particulate matter 
per megagram of roofing product manufactured.
MPM = Particulate matter mass emission rate, kilograms per 
hour, determined using Equation 2.
P = The asphalt roofing product manufacturing rate during the emissions 
sampling period, including any material trimmed from the final product, 
megagram per hour.

[GRAPHIC] [TIFF OMITTED] TR17MY05.001


Where:

MPM = Particulate matter mass emission rate, kilograms per 
hour.
C = Concentration of particulate matter on a dry basis, grams per dry 
standard cubic meter (g/dscm), as measured by the test method specified 
in Table 3 to this subpart.
Q = Vent gas stream flow rate (dry standard cubic meters per minute) at 
a temperature of 20 [deg]C as measured by the test method specified in 
Table 3 to this subpart.
K = Unit conversion constant (0.06 minute-kilogram/hour-gram).

    (2) To determine compliance with the total hydrocarbon percent 
reduction standard, you must use Equations 3 and 4 of this section as 
follows:

[GRAPHIC] [TIFF OMITTED] TR17MY05.002


Where:

RE = Emission reduction efficiency, percent.
MTHCi = Mass flow rate of total hydrocarbons entering the 
control device, kilograms per hour, determined using Equation 4.
MTHCo = Mass flow rate of total hydrocarbons exiting the 
control device, kilograms per hour, determined using Equation 4.

[GRAPHIC] [TIFF OMITTED] TR17MY05.003


Where:

MTHC = Total hydrocarbon mass flow rate, kilograms per hour.
C = Concentration of total hydrocarbons on a dry basis, parts per 
million by volume (ppmv), as measured by the test method specified in 
Table 3 to this subpart.
Q = Vent gas stream flow rate (dscm/minute) at a temperature of 20 
[deg]C as measured by the test method specified in Table 3 to this 
subpart.
K = Unit conversion constant (1.10E-04 (ppmv) -1 (kilogram/
dscm)(minute/hour)).
* * * * *

0
4. Section 63.8698 is amended by revising the definitions of Group 1 
asphalt loading rack, Group 2 asphalt loading rack, and Group 1 asphalt 
storage tank to read as follows:


Sec.  63.8698  What definitions apply to this subpart?

* * * * *
    Group 1 asphalt loading rack means an asphalt loading rack that 
loads asphalt with a maximum temperature of 260[deg] C (500[deg] F) or 
greater and has a maximum true vapor pressure of 10.4

[[Page 28365]]

kiloPascals (kPa) (1.5 pounds per square inch absolute (psia)) or 
greater.
    Group 2 asphalt loading rack means an asphalt loading rack that is 
not a Group 1 asphalt loading rack.
    Group 1 asphalt storage tank means an asphalt storage tank that 
meets both of the following criteria:
    (1) Has a capacity of 177 cubic meters (47,000 gallons) of asphalt 
or greater; and
    (2) Stores asphalt at a maximum temperature of 260 [deg]C (500 
[deg]F) or greater and has a maximum true vapor pressure of 10.4 kPa 
(1.5 psia) or greater.
* * * * *

0
5. Footnote ``a'' to Table 5 to Subpart LLLLL is amended by revising 
the last sentence as follows:

Tables to Subpart LLLLL of Part 63

* * * * *

Table 5 to Subpart LLLLL of Part 63--Continuous Compliance With 
Operating Limits a

* * * * *
    \a\ * * * Data from the CEMS and COMS must be reduced as specified 
in Sec.  63.8(g).
* * * * *

[FR Doc. 05-9594 Filed 5-16-05; 8:45 am]
BILLING CODE 6560-50-P