[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Proposed Rules]
[Pages 21889-21891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8811]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2003-0138, FRL-8557-2]
RIN 2060-AO99


National Emission Standards for Hazardous Air Pollutants: Organic 
Liquids Distribution (Non-Gasoline)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to amend the National Emission Standards for 
Hazardous Air Pollutants: Organic

[[Page 21890]]

Liquids Distribution (non-gasoline) under section 112 of the Clean Air 
Act to clarify combustion control device compliance requirements, 
certain storage tank control compliance dates, and vapor balance system 
monitoring requirements. In addition, EPA is correcting typographical 
errors found in the July 28, 2006, final rule amendments notice.

DATES: Comments. Written comments must be received on or before June 9, 
2008.
    Public Hearing. If anyone contacts EPA requesting to speak at a 
public hearing by May 5, 2008, a public hearing will be held on May 8, 
2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0138, by mail to Air and Radiation Docket (2822T), 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total 
of two copies. Comments may also be submitted electronically or through 
hand delivery/courier by following the detailed instructions in the 
ADDRESSES section of the direct final rule located in the rules section 
of this Federal Register.
    We request that you also send a separate copy of each comment to 
the contact persons listed below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: General and Technical Information: Mr. 
Stephen Shedd, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, Coatings and Chemicals Group (E143-01), 
EPA, Research Triangle Park, NC 27711, telephone: (919) 541-5397, 
facsimile number: (919) 685-3195, e-mail address: [email protected].
    Compliance Information: Ms. Marcia Mia, Office of Compliance, Air 
Compliance Branch (2223A), EPA, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, telephone: (202) 564-7042, facsimile 
number: (202) 564-0050, e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: Why is EPA issuing this proposed rule? This 
document proposes to take action on the National Emission Standards for 
Hazardous Air Pollutants: Organic Liquids Distribution (non-gasoline) 
(OLD NESHAP). We are proposing to amend the OLD NESHAP to clarify the 
applicable compliance dates for certain work practice standards for 
storage tanks and correct typographical errors found in the July 28, 
2006, final rule amendments notice. We have published a parallel direct 
final rule in the Regulations and Rules section of this Federal 
Register because we view this as a noncontroversial action and 
anticipate no adverse comment. We have explained our reasons for this 
action in the preamble to the direct final rule.
    If we receive no adverse comment and no request for a public 
hearing on the parallel direct final rule, we will not take further 
action on this proposed rule. If we receive adverse comment on a 
distinct portion of the direct final rule, we will withdraw that 
portion of the rule and it will not take effect. In this instance, we 
would address all public comments in any subsequent final rule based on 
this proposed rule.
    If we receive adverse comment on a distinct provision of the direct 
final rule, we will publish a timely withdrawal in the Federal Register 
indicating which provisions we are withdrawing. The provisions that are 
not withdrawn will become effective on the date set out in the direct 
final rule, notwithstanding adverse comment on any other provision.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.
    Regulated Entities. Categories and entities potentially regulated 
by this action include:


----------------------------------------------------------------------------------------------------------------
                                                                            Examples of potentially regulated
                 Category                           NAICS* code                          entities
----------------------------------------------------------------------------------------------------------------
Industry.................................  325211, 325192, 325188,       Operations at major sources that
                                            32411, 49311, 49319, 48611,   transfer organic liquids into or out
                                            42269, 42271.                 of the plant site, including: Liquid
                                                                          storage terminals, crude oil pipeline
                                                                          stations, petroleum refineries,
                                                                          chemical manufacturing facilities, and
                                                                          other manufacturing facilities with
                                                                          collocated OLD operations.
Federal Government.......................  ............................  Federal agency facilities that operate
                                                                          any of the types of entities listed
                                                                          under the ``industry'' category in
                                                                          this table.
----------------------------------------------------------------------------------------------------------------
* North American Industry Classification System. Considered to be the primary industrial codes for the plant
  sites with OLD operations.
 

    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 part 63, 
subpart EEEE. If you have any questions regarding the applicability of 
this action to a particular entity, consult either the air permit 
authority for the entity or your EPA regional representative as listed 
in 40 CFR 63.13.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
Janet Eck, U.S. EPA, Office of Air Quality Planning and Standards, 
Sector Policies and Programs Division, Coatings and Chemicals Group 
(E143-01), Research Triangle Park, NC 27711; telephone number: (919) 
541-7946, e-mail address: [email protected], at least 2 days in advance 
of the potential date of the public hearing. If a public hearing is 
held, it will be held at 10 a.m. at EPA's Campus located at 109 T.W. 
Alexander Drive in Research Triangle Park, NC, or an alternate site 
nearby. If no one contacts EPA requesting to speak at a public hearing 
concerning this rule by May 5, 2008, this hearing will be cancelled 
without further notice.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposal will also be available through 
the WWW. Following the Administrator's signature, a copy of this action 
will be posted on EPA's Technology Transfer Network (TTN) policy and 
guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg/. The TTN at EPA's Web site provides information 
and technology exchange in various areas of air pollution control.

Statutory and Executive Order Reviews

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of this Federal Register.

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

[[Page 21891]]

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 rule 
amendments on small entities, a small entity is defined as: (1) A small 
business as defined by the Small Business Administration's (SBA) 
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; 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.
    The proposed rule amendments will not impose any new requirements 
on small entities, and, therefore, will have no significant adverse 
economic impact on subject small entities. The Administrator certifies 
that this action will not have a significant economic impact on a 
substantial number of small entities.
    We continue to be interested in the potential impacts of the 
proposed rule amendments on small entities and welcome comments on 
issues related to such impacts.

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: April 16, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-8811 Filed 4-22-08; 8:45 am]
BILLING CODE 6560-50-P