[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Rules and Regulations]
[Pages 38554-38561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13055]



[[Page 38553]]

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Part IV





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Miscellaneous 
Organic Chemical Manufacturing; Final Rule and Proposed Rule

  Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules 
and Regulations  

[[Page 38554]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0121; FRL-7932-2]
RIN A2060-AN09


National Emission Standards for Hazardous Air Pollutants: 
Miscellaneous Organic Chemical Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

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SUMMARY: On November 10, 2003, EPA promulgated national emission 
standards for hazardous air pollutants (NESHAP) for miscellaneous 
organic chemical manufacturing under the authority of section 112 of 
the Clean Air Act (CAA). We are amending the NESHAP by clarifying the 
compliance requirements for flares and the alternative standard, which 
limits the outlet concentration to 20 parts per million. We are 
amending the NESHAP by extending the vapor balancing alternative to 
cover transfers from barges to storage tanks, amending the procedures 
for correcting measured concentrations at the outlet of combustion 
devices to correct for dilution by supplemental gas, and clarifying the 
signature requirements for the notification of compliance status 
report. The direct final rule amendments also specify requirements for 
effluent from control devices, clarify the definition of the term 
continuous process vent, and correct several referencing and drafting 
errors. We are issuing the amendments by direct final rule, without 
prior proposal, because we view the revisions as noncontroversial and 
anticipate no adverse comments.
    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 timely adverse comments are received.

DATES: The direct final rule is effective on August 30, 2005, without 
further notice, unless EPA receives adverse written comment by August 
1, 2005, or if a public hearing is requested by July 11, 2005. If EPA 
receives such comments or a hearing is requested, EPA 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-2003-
0121, 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-2003-0121. 
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), Office of Air 
Planning and Standards, 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:

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                                                         Examples of
          Category                   NAICS*          regulated entities
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Industry....................  3251, 3252, 3254,     Producers of
                               3255, 3256, and       specialty organic
                               3259, with several    chemicals,
                               exceptions.           explosives, certain
                                                     polymers and
                                                     resins, and certain
                                                     pesticide
                                                     intermediates.
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* North American Industrial Classification System.


[[Page 38555]]

    This table is not intended to be exhaustive, but rather provides a 
guide for readers likely to be interested in the revisions to the rule 
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 63.2435 
of the NESHAP. If you have questions regarding the applicability of 
these amendments to a particular entity, consult the person listed in 
the preceding FOR FURTHER INFORMATION CONTACT section.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of the direct final rule amendments will also be 
available on the WWW through EPA's Technology Transfer Network (TTN). 
Following signature by the EPA Administrator, a copy of the direct 
final rule amendments will be posted on the TTN's policy and guidance 
page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology exchange in various 
areas of air pollution control.
    Comments. We are publishing the direct final rule amendments 
without prior proposal because we view the amendments as 
noncontroversial and do not anticipate adverse comments. 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 
timely adverse comments are received. If we receive such adverse 
comments on the amendments, we will publish a timely withdrawal in the 
Federal Register informing the public which provisions will become 
effective and which provisions 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 above. We will not institute a 
second comment period on the direct final rule amendments. Any parties 
interested in commenting must do so at this time.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of the direct final rule amendments is available only by filing 
a petition for review in the U.S. Court of Appeals for the District of 
Columbia by August 30, 2005. Under section 307(d)(7)(B) of the CAA, 
only an objection to the direct final rule amendments 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 established by the direct final rule amendments 
may not be challenged separately in any civil or criminal proceedings 
brought by EPA to enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Why are we amending the rule?
II. What amendments are we making to the rule?
III. 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 for 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Why Are We Amending the Rule?

    On November 10, 2003, we promulgated NESHAP for Miscellaneous 
Organic Chemical Manufacturing as subpart FFFF in 40 CFR part 63 (68 FR 
63852). Since promulgation of the NESHAP, we determined that the 
alternative standard, which limits the outlet concentration to 20 parts 
per million, did not contain several provisions that have been included 
in the same alternative standard in other rules, that the flare 
provisions are not consistent with other rules, that the procedures to 
account for dilution air added to vent streams before a combustion 
device are unnecessarily restrictive, and that the vapor balancing 
alternative for storage tanks could be extended to vapor balancing to 
barges.

II. What Amendments Are We Making to the Rule?

    Amendments to the Procedure for Correcting Measured Concentrations 
to Account for Supplemental Gases. If you comply with an outlet 
concentration emission limit and use a combustion device, the NESHAP 
require you to correct the measured outlet concentration to 3 percent 
oxygen to account for dilution caused by adding supplemental gases to 
the emission stream prior to the control device. The direct final rule 
amendments add a second option that allows you to correct only for the 
actual amount of supplemental gas. This option is consistent with the 
correction requirement in the final rule for noncombustion devices.
    The correction to 3 percent oxygen was originally used in new 
source performance standards for air oxidation unit processes, 
distillation operations, and reactor processes in the synthetic organic 
chemical manufacturing industry (40 CFR part 60, subparts III, NNN and 
RRR). The value of 3 percent represents good engineering practice when 
oxygen-deficient streams are combusted with supplemental combustion air 
(i.e., a supplemental gas). To prevent owners or operators from 
diluting streams to meet the outlet concentration emission limit for 
noncombustion devices, the NESHAP require correction of the actual 
flowrate of supplemental gases. The direct final rule amends 40 CFR 
63.2450(i) to allow a correction based on the actual flowrate of 
supplemental gases, as well as the correction to 3 percent oxygen for 
combustion devices if supplemental gases are used as allowed by the 
NESHAP. In addition, the direct final rule amends the definition of 
supplemental gas to mirror the definition of supplemental combustion 
air in 40 CFR 63.1312, which is appropriate for both combustion and 
noncumbustion devices.
    Clarification of the Initial Compliance Requirements for Flares. 
The direct final rule clarifies the initial compliance requirements for 
flares because we understand the promulgated language has caused some 
confusion. If you use a flare to comply with an emission limit, the 
NESHAP specify that you must comply with the requirements in 40 CFR 
63.982(b), which in turn, references 40 CFR 63.987. These are the only 
compliance requirements that apply to flares, including flares used to 
control batch process vents. Thus, the procedures in Sec.  
63.2460(c)(2)(i) of the NESHAP to demonstrate compliance with a percent 
reduction emission limit by comparing the uncontrolled and controlled 
emission limits apply only if you use a non-flare control device. You 
never have to demonstrate the percent reduction for a flare; you only 
have to meet the requirements in 40 CFR 63.987. The direct final rule 
adds a sentence to 40 CFR 63.2460(c)(2)(i) to clarify this point.
    The requirement in 40 CFR 63.2460(c)(2)(ii) to establish emission 
profiles before conducting a performance test or design evaluation for 
a control device that controls emissions from batch process vents also 
applies when you use a non-flare control device. The direct final rule

[[Page 38556]]

revises 40 CFR 63.2460(c)(2)(ii) to clarify this point.
    Amendments to the Initial Compliance Requirements for Flares Used 
to Control Batch Process Vents. The direct final rule adds a new 
paragraph (b)(4)(iii) to 40 CFR 63.2460 to specify that you may 
designate emission streams that are controlled with a flare as Group 1. 
By meeting the requirements in 40 CFR 63.987, the owner or operator 
demonstrates compliance with the HAP destruction requirements in the 
NESHAP.
    Amendments to Performance Testing for Demonstrating Initial 
Compliance with a Percent Reduction Requirement. Section 63.2450(d) 
through (f) of the NESHAP specify that you must comply with various 
requirements of 40 CFR part 63, subpart SS, for performance testing 
provisions. One exception is that the option in 40 CFR 63.997(e)(2)(iv) 
to demonstrate compliance with a percent reduction emission limit by 
measuring total organic compounds (TOC) was prohibited by 40 CFR 
63.2450(n) of the NESHAP. Since promulgation, we have determined that 
this restriction is unwarranted because 40 CFR 63.997(e)(2)(iv)(G) and 
(H) describe procedures for using Methods 25 and 25A of 40 CFR part 60, 
appendix A, for measuring TOC. The direct final rule removes 40 CFR 
63.2450(n) to allow compliance with a percent reduction limit to be 
demonstrated by measuring either total organic HAP or TOC as specified 
in 40 CFR 63.997(e)(2)(iv).
    Amendments to the Alternative Standard. The direct final rule 
amendments add additional options for the monitoring provisions to the 
alternative standard and adds planned routine maintenance provisions 
for storage tanks. The direct final rule amendments also permit 
compliance with the emission limits and work practice standards in 
Tables 1 through 4 to subpart FFFF of part 63 to be met by limiting the 
outlet concentration and demonstrating compliance with the outlet 
concentration emission limit through continuous emission monitoring. 
The direct final rule amendments allow monitoring of operating 
parameters as an alternative to adjusting measured concentrations to 
account for dilution caused by supplemental gases, indicate that the 
planned routine maintenance provisions apply under the alternative 
standard for control devices that are used to control emissions from 
storage tanks, and clarify a couple of references.
    The introductory text in 40 CFR 63.2505(b) of the NESHAP currently 
requires you to meet the requirements specified in 40 CFR 
63.1258(b)(5)(i) to demonstrate compliance with the alternative 
standard. This reference inadvertently excludes the options in 40 CFR 
63.1258(b)(5)(ii) for monitoring operating parameters as an alternative 
to adjusting the measured concentrations to account for the dilution 
caused by adding supplemental gases to the emission stream prior to the 
control device. For combustion devices, the option requires operation 
above minimum temperature and residence time limits and monitoring to 
demonstrate continuous compliance with the limits. For noncombustion 
devices used to control emissions from dense gas systems (i.e., systems 
with oxygen levels less than 12 percent), the option requires 
calculation of a flowrate setpoint and monitoring of the flowrate to 
demonstrate continuous compliance with the setpoint. These options are 
as valid for miscellaneous organic chemical manufacturing sources as 
for pharmaceuticals production sources. The preamble to the proposed 
amendments to the NESHAP for pharmaceuticals production describes the 
rationale for these alternatives (65 FR 19152, April 10, 2000). As 
detailed therein, available data indicate that a properly designed and 
operated combustion device will reduce emissions by 98 percent if it 
maintains the specified residence time and temperature. With respect to 
dense gas systems, the flowrate setpoint calculated for dense gas 
systems is an indicator of HAP concentration in the gas stream into the 
control device, and maintaining the flowrate below this value would 
demonstrate that significant dilution is not occurring. Therefore, the 
direct final rule amendments modify the introductory text in Sec.  
63.2505(b) to reference all of the provisions in Sec.  63.1258(b)(5).
    The direct final rule amendments also add language specifying that 
the alternative standard does not apply to emissions from storage tanks 
during periods of planned routine maintenance of the control device. 
All of this language is identical to the planned routine maintenance 
language in 40 CFR 63.2470 that applies if you comply with the percent 
reduction emission limit. The exemption was included for compliance 
with the percent reduction emission limit because the storage tank 
cannot necessarily be shutdown while the control device is shutdown for 
maintenance. The same rationale applies for the alternative standard.
    Section 63.2505(b)(5)(ii) in the NESHAP specifies requirements for 
continuous parameter monitoring systems (CPMS) for scrubbers used to 
comply with the option to reduce hydrogen halide and halogen HAP 
emissions after a combustion device by 95 percent. The current language 
specifies that you must install, operate, and maintain CPMS for the 
scrubber as specified in 40 CFR 63.2450(k). Since the actual 
requirements are in 40 CFR 63.994(c), which is modified by Sec.  
63.2450(k), the direct final rule amendments revise the provision to 
reference both sections. Finally, the direct final rule amendments 
reorder two of the paragraphs in Sec.  63.2505(b) to improve 
readability.
    Amendments to the Vapor Balancing Alternative for Storage Tanks. 
The direct final rule amendments extend vapor balancing to cover liquid 
transfers from barges to storage tanks. The NESHAP allow vapor 
balancing from storage tanks to tank trucks and railcars. Since 
promulgation of the NESHAP, we have determined that barges are used to 
supply materials to storage tanks in the miscellaneous organic chemical 
manufacturing industry, and the vapor balancing procedures are as valid 
for barges as for tank trucks and railcars. The only difference is that 
the testing procedures to determine vapor-tightness of barges are 
specified in 40 CFR 61.304(f).
    Amendments to the Definition of Group 1 Wastewater. The direct 
final rule amendments add a new paragraph (4) to Sec.  63.2485(c) to 
specify that effluent from a water scrubber or any other control device 
that has been used to comply with an emission limit for process vents 
is Group 1 wastewater, provided the process vent emission stream is 
Group 1 for HAP listed in Table 8 to 40 CFR part 63, subpart FFFF. This 
change is needed to ensure that HAP removed from an emission stream are 
destroyed or otherwise treated so that they are not simply re-emitted. 
The new language is similar to requirements the NESHAP for 
Pharmaceuticals Production.
    Amendment to the Definition of Continuous Process Vent. Section 
63.2550(i) of the NESHAP defines ``continuous process vent'' using the 
same language as in 40 CFR 63.107 of the Hazardous Organic NESHAP 
(HON), except that references to other sections in the HON are replaced 
by references to provisions in 40 CFR part 63, subpart FFFF. Section 
63.107(d) of the HON specifies that a gas stream must contain greater 
than 0.005 weight percent total organic HAP to be a continuous process 
vent. The direct final rule amendments change ``total organic HAP'' to 
``total HAP'' for the purposes of subpart FFFF, to clarify the 
applicability of the emission limits for inorganic HAP

[[Page 38557]]

emissions from process vents that are specified in Table 3 to subpart 
FFFF.
    According to the current definition of Continuous process vent in 
the NESHAP, if the only HAP in a gas stream is inorganic HAP, then it 
would not be a continuous process vent (or any kind of process vent), 
even if it meets all of the other criteria specified in 40 CFR 63.107. 
This means it also would not be subject to the emission limits for 
inorganic HAP in Table 3 to subpart FFFF of part 63. However, in 
setting the MACT floor for inorganic HAP emissions, we used all 
available data for gas streams from processing operations, not just 
data for streams that also had organic HAP. Changing Sec.  63.107(d) 
for the purposes of subpart FFFF ensures that such streams from 
continuous operations are subject to the emission limits for inorganic 
HAP, as we intended. This change also makes the definition for 
continuous process vent consistent with the definition for batch 
process vent, which already includes a threshold based on total HAP.
    Clarification of Notification of Compliance Status Reporting 
Requirements. The introductory text in 40 CFR 63.9(h)(2)(i) requires 
the owner or operator of an affected source to submit to the 
Administrator a notification of compliance status, signed by the 
responsible official who shall certify its accuracy. Table 12 to 
subpart FFFF of part 63 inadvertently stated that this paragraph does 
not apply to subpart FFFF. This was not our intent. We intended to 
specify only that the subparagraphs (A) through (G) do not apply 
because the types of information to include in the report are specified 
in Sec.  63.2520(d) of subpart FFFF rather than Sec.  63.9(h)(2). 
Therefore, the direct final rule amendments revise the references in 
the entry for Sec.  63.9(h)(1)--(6) in Table 12 to subpart FFFF to 
clarify this point.
    Miscellaneous Technical Corrections. The direct final rule 
amendments include several changes to correct references and drafting 
errors.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
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 direct 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 several additional 
compliance options. Since they are only options, this action will not 
increase the information collection burden. The OMB has previously 
approved the information collection requirements contained in the 
existing regulations under the provisions of the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2060-
0533 (EPA ICR No. 1969.02).
    Copies of the information collection request (ICR) document(s) may 
be obtained from Susan Auby, by mail at the Office of Environmental 
Information, Collection Strategies Division; U.S. EPA (2822T); 1200 
Pennsylvania Ave., NW., Washington, DC 20460, by e-mail at 
[email protected], or by calling (202) 566-1672. A copy may also be 
downloaded off the Internet at http://www.epa.gov/icr. Include the ICR 
or OMB number in any correspondence.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

C. Regulatory Flexibility Act

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with the direct final 
rule amendments.
    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 as defined by the Small Business Administration's regulations 
at 13 CFR 121.201; (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 final rule 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 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 
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 direct final rule amendments add several compliance options 
granting greater flexibility to small entities subject to the final 
rule that may result in a more efficient use of resources. We have 
therefore concluded that today's final rule will relieve regulatory 
burden for all affected small entities.

[[Page 38558]]

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, 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 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 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 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 direct final rule amendments do not 
contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, or tribal governments, in the 
aggregate, or the private sector in any 1 year. The direct final rule 
amendments provide a source owner or operator with additional options 
to comply with the standards. Therefore, the direct 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 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. 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 direct 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 direct final rule amendments.
    In the spirit of Executive Order 13132 and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on the direct 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 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 direct final rule amendments do 
not have tribal implications, as specified in Executive Order 13175. 
The direct 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 direct final rule amendments.
    The EPA specifically solicits additional comment on the direct 
final 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 EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, 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 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 direct final rule 
amendments are not subject to Executive Order 13045 because they are 
based on technology performance, not health or safety risks. 
Furthermore, the direct final rule amendments have been determined not 
to be ``economically significant'' as defined under Executive Order 
12866.

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

    The direct 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 of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note), 
directs 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 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 direct final rule 
amendments. Therefore, EPA is not proposing or adopting any voluntary 
consensus standards in the direct 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

[[Page 38559]]

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). The direct final rule amendments are effective on August 30, 
2005.

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: June 24, 2005.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 63 of 
the Code of the 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 FFFF--[Amended]

0
2. Section 63.2450 is amended as follows:
0
a. Revising paragraph (i); and
0
b. Removing and reserving paragraph (n).


Sec.  63.2450  What are my general requirements for complying with this 
subpart?

* * * * *
    (i) Outlet concentration correction for combustion devices. When 
Sec.  63.997(e)(2)(iii)(C) requires you to correct the measured 
concentration at the outlet of a combustion device to 3 percent oxygen 
if you add supplemental combustion air, the requirements in either 
paragraph (i)(1) or (2) of this section apply for the purposes of this 
subpart.
    (1) You must correct the concentration in the gas stream at the 
outlet of the combustion device to 3 percent oxygen if you add 
supplemental gases, as defined in Sec.  63.2550, to the vent stream, 
or;
    (2) You must correct the measured concentration for supplemental 
gases using Equation 1 of Sec.  63.2460; you may use process knowledge 
and representative operating data to determine the fraction of the 
total flow due to supplemental gas.
* * * * *
    (n) [Reserved]
* * * * *

0
3. Section 63.2460 is amended as follows:
0
a. Revising paragraph (b)(4) introductory text;
0
b. Adding new paragraph (b)(4)(iii); and
0
c. Revising paragraphs (c)(2)(i) and (ii).


Sec.  63.2460  What requirements must I meet for batch process vents?

* * * * *
    (b) * * *
    (4) You may elect to designate the batch process vents within a 
process as Group 1 and not calculate uncontrolled emissions under 
either of the situations in paragraph (b)(4)(i), (ii), or (iii) of this 
section.
* * * * *
    (iii) If you comply with an emission limit using a flare that meets 
the requirements specified in Sec.  63.987.
    (c) * * *
    (2) * * *
    (i) To demonstrate initial compliance with a percent reduction 
emission limit in Table 2 to this subpart FFFF, you must compare the 
sums of the controlled and uncontrolled emissions for the applicable 
Group 1 batch process vents within the process, and show that the 
specified reduction is met. This requirement does not apply if you 
comply with the emission limits of Table 2 to this subpart FFFF by 
using a flare that meets the requirements of Sec.  63.987.
    (ii) When you conduct a performance test or design evaluation for a 
non-flare control device used to control emissions from batch process 
vents, you must establish emission profiles and conduct the test under 
worst-case conditions according to Sec.  63.1257(b)(8) instead of under 
normal operating conditions as specified in Sec.  63.7(e)(1). The 
requirements in Sec.  63.997(e)(1)(i) and (iii) also do not apply for 
performance tests conducted to determine compliance with the emission 
limits for batch process vents. For purposes of this subpart FFFF, 
references in Sec.  63.997(b)(1) to ``methods specified in Sec.  
63.997(e)'' include the methods specified in Sec.  63.1257(b)(8).
* * * * *

0
4. Section 63.2470 is amended by adding new paragraph (e)(4) to read as 
follows:


Sec.  63.2470  What requirements must I meet for storage tanks?

* * * * *
    (e) * * *
    (4) You may comply with the vapor balancing alternative in Sec.  
63.1253(f) when your storage tank is filled from a barge. All 
requirements for tank trucks and railcars specified in Sec.  63.1253(f) 
also apply to barges, except as specified in Sec.  63.2470(e)(4)(i).
    (i) When Sec.  63.1253(f)(2) refers to pressure testing 
certifications, the requirements in 40 CFR 61.304(f) apply for barges.
    (ii) [Reserved]

0
5. Section 63.2485 is amended by adding paragraph (c)(4) and revising 
paragraph (d)(2) to read as follows:


Sec.  63.2485  What requirements must I meet for wastewater streams and 
liquid streams within an MCPU?

* * * * *
    (c) * * *
    (4) Effluent from a water scrubber or any other control device that 
has been used to comply with an emission limit for process vents 
specified in Table 1 or Table 2 to this subpart FFFF, provided the 
process vent emission stream is Group 1 for HAP listed in Table 8 to 
this subpart FFFF.
    (d) * * *
    (2) When Sec.  63.133(a) refers to Table 10 of subpart G of this 
part 63, the maximum true vapor pressure in the table shall be limited 
to the HAP listed in Tables 8 and 9 of this subpart FFFF.
* * * * *

0
6. Section 63.2505 is amended by revising paragraph (b) to read as 
follows:


Sec.  63.2505  How do I comply with the alternative standard?

* * * * *
    (b) Compliance requirements. To demonstrate compliance with 
paragraph (a) of this section, you must meet the requirements of Sec.  
63.1258(b)(5) beginning no later than the initial compliance date 
specified in Sec.  63.2445, except as specified in paragraphs (b)(1) 
through (9) of this section.
    (1) You must comply with the requirements in Sec.  63.983 and the 
requirements referenced therein for closed-vent systems.
    (2) When Sec.  63.1258(b)(5)(i) refers to Sec. Sec.  63.1253(d) and 
63.1254(c), the requirements in paragraph (a) of this section apply for 
the purposes of this subpart FFFF.
    (3) When Sec.  63.1258(b)(5)(i)(B) refers to ``HCl,'' it means 
``total hydrogen halide and halogen HAP'' for the purposes of this 
subpart FFFF.
    (4) When Sec.  63.1258(b)(5)(ii) refers to Sec.  63.1257(a)(3), it 
means Sec.  63.2450(j)(5) for the purposes of this subpart FFFF.

[[Page 38560]]

    (5) You must submit the results of any determination of the target 
analytes of predominant HAP in the notification of compliance status 
report.
    (6) If you elect to comply with the requirement to reduce hydrogen 
halide and halogen HAP by greater than or equal to 95 percent by weight 
in paragraph (a)(1)(i)(C) of this section, you must meet the 
requirements in paragraphs (b)(6)(i) and (ii) of this section.
    (i) Demonstrate initial compliance with the 95 percent reduction by 
conducting a performance test and setting a site-specific operating 
limit(s) for the scrubber in accordance with Sec.  63.994 and the 
requirements referenced therein. You must submit the results of the 
initial compliance demonstration in the notification of compliance 
status report.
    (ii) Install, operate, and maintain CPMS for the scrubber as 
specified in Sec. Sec.  63.994(c) and 63.2450(k), instead of as 
specified in Sec.  63.1258(b)(5)(i)(C).
    (7) If flow to the scrubber could be intermittent, you must 
install, calibrate, and operate a flow indicator as specified in Sec.  
63.2460(c)(7).
    (8) Use the operating day as the averaging period for CEMS data and 
scrubber parameter monitoring data.
    (9) The requirements in paragraph (a) of this section do not apply 
to emissions from storage tanks during periods of planned routine 
maintenance of the control device that do not exceed 240 hr/yr. You may 
submit an application to the Administrator requesting an extension of 
this time limit to a total of 360 hr/yr in accordance with the 
procedures specified in Sec.  63.2470(d). You must comply with the 
recordkeeping and reporting specified in Sec. Sec.  63.998(d)(2)(ii) 
and 63.999(c)(4) for periods of planned routine maintenance.

0
7. Section 63.2520 is amended by revising paragraphs (d)(2)(viii) and 
(e)(9) to read as follows:


Sec.  63.2520  What reports must I submit and when?

* * * * *
    (d) * * *
    (2) * * *
    (viii) Identify storage tanks for which you are complying with the 
vapor balancing alternative in Sec.  63.2470(e).
* * * * *
    (e) * * *
    (9) Applicable records and information for periodic reports as 
specified in referenced subparts F, G, SS, TT, UU, WW, and GGG of this 
part 63.
* * * * *

0
8. Section 63.2525 is amended by revising paragraph (a) to read as 
follows:


Sec.  63.2525  What records must I keep?

* * * * *
    (a) Each applicable record required by subpart A of this part 63 
and in referenced subparts F, G, SS, TT, UU, WW, and GGG of this part 
63.
* * * * *

0
9. Section 63.2550 is amended as follows:
0
a. Adding new paragraph (5) to the definition of the term Continuous 
process vent; and
0
b. Revising the definition for the terms Supplemental gases and 
Wastewater stream.


Sec.  63.2550  What definitions apply to this subpart?

* * * * *
    (i) * * *
    Continuous process vent * * *
    (5) The reference to ``total organic HAP'' in Sec.  63.107(d) means 
``total HAP'' for the purposes of this subpart FFFF.
* * * * *
    Supplemental gases means the air that is added to a vent stream 
after the vent stream leaves the unit operation. Air that is part of 
the vent stream as a result of the nature of the unit operation is not 
considered supplemental gases. Air required to operate combustion 
device burner(s) is not considered supplemental gases.
* * * * *
    Wastewater stream means a stream that contains only wastewater as 
defined in this paragraph (i).
* * * * *

0
10. Table 1 to subpart FFFF is amended by revising entry ``1'' to read 
as follows:

  Table 1 to Subpart FFFF of Part 63.--Emission Limits and Work Practice Standards for Continuous Process Vents
----------------------------------------------------------------------------------------------------------------
             For each . . .                     For which . . .                   Then you must . . .
----------------------------------------------------------------------------------------------------------------
1. Group 1 continuous process vent......  a. Not applicable..........  i. Reduce emissions of total organic HAP
                                                                        by >=98 percent by weight or to an
                                                                        outlet concentration <=20 ppmv as
                                                                        organic HAP or TOC by venting emissions
                                                                        through a closed-vent system to any
                                                                        combination of control devices (except a
                                                                        flare); or
                                                                       ii. Reduce emissions of total Reduce
                                                                        organic HAP by venting emissions through
                                                                        a closed vent system to a flare; or
                                                                       iii. Use a recovery device Reduce to
                                                                        maintain the TRE above 1.9 for an
                                                                        existing source or above 5.0 for a new
                                                                        source.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
11. Table 8 to subpart FFFF is amended by revising entry ``51'' to read 
as follows:

[[Page 38561]]



  Table 8 to Subpart FFFF of Part 63.--Partially Soluble Hazardous Air
                               Pollutants
------------------------------------------------------------------------
                       Chemical name                           CAS No.
------------------------------------------------------------------------
 
                              * * * * * * *
51. Tetrachloroethylene (perchloroethylene)................       127184
 
                              * * * * * * *
------------------------------------------------------------------------


0
12. Table 9 to subpart FFFF is amended by revising entries ``4,'' 
``8,'' ``9,'' and ``10'' to read as follows:

  Table 9 to Submit FFFF of Part 63.--Soluble Hazardous Air Pollutants
------------------------------------------------------------------------
                       Chemical name                           CAS No.
------------------------------------------------------------------------
 
                              * * * * * * *
4. Dimethyl hydrazine (1,1)................................        57147
                              * * * * * * *
8. Ethylene glycol dimethyl ether..........................       110714
9. Ethylene glycol monobutyl ether acetate.................       112072
10. Ethylene glycol monomethyl ether acetate...............       110496
 
                              * * * * * * *
------------------------------------------------------------------------


0
13. Table 12 to subpart FFFF is amended by revising the entry for Sec.  
63.9(h)(1)-(6) to read as follows:

            Table 12 to Subpart FFFF of Part 63.--Applicability of General Provisions to Subpart FFFF
----------------------------------------------------------------------------------------------------------------
                Citation                            Subject                           Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.9(h)(1)-(6)..........................  Notification of Compliance   Yes, except subpart FFFF has no opacity
                                           Status.                      or VE limits, and 63.9(h)(2)(i)(A)
                                                                        through (G) and (ii) do not apply
                                                                        because 63.2520(d) specifies the
                                                                        required contents and due date of the
                                                                        notification of compliance status
                                                                        report.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 05-13055 Filed 6-30-05; 8:45 am]
BILLING CODE 6560-50-P