[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Proposed Rules]
[Pages 31416-31418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11384]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2006-0699; FRL-8568-9]
RIN 2060-AO90


Standards of Performance for Equipment Leaks of VOC in the 
Synthetic Organic Chemicals Manufacturing Industry; Standards of 
Performance for Equipment Leaks of VOC in Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; stay.

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SUMMARY: EPA is proposing to extend the stay of certain provisions of 
the standards of performance for equipment leaks of VOC in the 
Synthetic Organic Chemicals Manufacturing Industry (SOCMI) and 
Petroleum Refineries. In the ``Rules and Regulations'' section of this 
Federal Register we are extending the stay as a direct final rule 
without a prior proposed rule. If we receive no adverse comment, we 
will not take further action on this proposed rule.

DATES: Written comments must be received by July 2, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0699, 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: Ms. Karen Rackley, Coatings and 
Chemicals Group, Sector Policies and Programs Division, Office of Air 
Quality Planning and Standards (E143-01), Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711; telephone number: 
(919) 541-0634; fax number: 919-541-0246; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to take action on the standards of 
performance for equipment leaks of VOC in the SOCMI and Petroleum 
Refineries. We have published a direct final rule extending the stay of 
the provisions under reconsideration and the stay of the clarification 
of the definition of process unit in the ``Rules and Regulations'' 
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, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We would address all 
public comments in any subsequent final rule based on this proposed 
rule.
    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.

II. Does This Action Apply to Me?

    Categories and entities potentially regulated by this action are 
synthetic organic chemicals manufacturers and petroleum refineries. The 
New Source Performance Standards (NSPS) for equipment leaks of VOC in 
SOCMI and petroleum refineries affect the following categories of 
sources:

[[Page 31417]]



------------------------------------------------------------------------
                                                        Examples of
           Category               NAICS Code \1\   potentially regulated
                                                          entities
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Industry......................  324110...........  Petroleum refiners.
                                Primarily 325110,  Synthetic organic
                                 325192, 325193,    chemical
                                 and 325199.        manufacturing
                                                    industry (SOCMI)
                                                    units, e.g.,
                                                    producers of
                                                    benzene, toluene, or
                                                    any other chemical
                                                    listed in 40 CFR
                                                    60.489.
------------------------------------------------------------------------
\1\ North American Industrial Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by the 
final amendments and new standards for equipment leaks of VOC in SOCMI 
and petroleum refineries. To determine whether your facility is 
regulated by this action, you should examine the applicability criteria 
in 40 CFR 60.480, 60.590, 60.480a, and 60.590a. If you have any 
questions regarding the applicability of the NSPS to a particular 
entity, contact the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.

III. Statutory and Executive Orders

    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.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: May 15, 2008.
Stephen L. Johnson,
Administrator.

    For the reasons cited in the preamble, title 40, chapter I, part 60 
of the Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

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

Subpart VV--[Amended]

    2. Section 60.480 is amended by adding paragraph (f) to read as 
follows:


Sec.  60.480  Applicability and designation of affected facility.

* * * * *
    (f) Stay of standards. Owners or operators are not required to 
comply with the definition of ``process unit'' in Sec.  60.481 and the 
requirements in Sec.  60.482-1(g) of this subpart until the EPA takes 
final action to require compliance and publishes a document in the 
Federal Register. While the definition of ``process unit'' is stayed, 
owners or operators should use the following definition:
    Process unit means components assembled to produce, as intermediate 
or final products, one or more of the chemicals listed in Sec.  60.489 
of this part. A process unit can operate independently if supplied with 
sufficient feed or raw materials and sufficient storage facilities for 
the product.


Sec.  60.481  [Amended]

    3. In Sec.  60.481, the definition for ``process unit'' is stayed 
from August 1, 2008 until further notice.


Sec.  60.482-1  [Amended]

    4. In Sec.  60.482-1, paragraph (g) is stayed from August 1, 2008 
until further notice.

Subpart VVa--[Amended]

    5. Section 60.480a is amended by adding paragraph (f) to read as 
follows:


Sec.  60.480a  Applicability and designation of affected facility.

* * * * *
    (f) Stay of standards. (1) Owners or operators that start a new, 
reconstructed, or modified affected source prior to November 16, 2007 
are not required to comply with the requirements in this paragraph 
until EPA takes final action to require compliance and publishes a 
document in the Federal Register.
    (i) The definition of ``capital expenditure'' in Sec.  60.481a of 
this subpart. While the definition of ``capital expenditure'' is 
stayed, owners or operators should use the definition found in Sec.  
60.481 of subpart VV of this part.
    (2) Owners or operators are not required to comply with the 
requirements in this paragraph until EPA takes final action to require 
compliance and publishes a document in the Federal Register.
    (i) The definition of ``process unit'' in Sec.  60.481a of this 
subpart. While the definition of ``process unit'' is stayed, owners or 
operators should use the following definition:
    Process unit means components assembled to produce, as intermediate 
or final products, one or more of the chemicals listed in Sec.  60.489 
of this part. A process unit can operate independently if supplied with 
sufficient feed or raw materials and sufficient storage facilities for 
the product.
    (ii) The method of allocation of shared storage vessels in Sec.  
60.482-1a(g) of this subpart.
    (iii) The standards for connectors in gas/vapor service and in 
light liquid service in Sec.  60.482-11a of this subpart.


Sec.  60.481a  [Amended]

    6. In Sec.  60.481a, the definitions of ``capital expenditure'' and 
``process unit'' are stayed from August 1, 2008 until further notice.


Sec.  60.482-1a  [Amended]

    7. In Sec.  60.482-1a, paragraph (g) is stayed from August 1, 2008 
until further notice.


Sec.  60.482-11a  [Amended]

    8. Section 60.482-11a is stayed from August 1, 2008 until further 
notice.

Subpart GGG--[Amended]

    9. Section 60.590 is amended by adding paragraph (e) to read as 
follows:


Sec.  60.590  Applicability and designation of affected facility.

* * * * *
    (e) Stay of standards. Owners or operators are not required to 
comply with the definition of ``process unit'' in Sec.  60.590 of this 
subpart until the EPA takes final action to require compliance and 
publishes a document in the Federal Register. While the definition of 
``process unit'' is stayed, owners or operators should use the 
following definition:
    Process unit means components assembled to produce intermediate or 
final products from petroleum, unfinished petroleum derivatives, or 
other intermediates; a process unit can operate independently if 
supplied with sufficient feed or raw materials and sufficient storage 
facilities for the product.


Sec.  60.591  [Amended]

    10. In Sec.  60.591, the definition of ``process unit'' is stayed 
from August 1, 2008 until further notice.

[[Page 31418]]

Subpart GGGa--[Amended]

    11. Section 60.590a is amended by adding paragraph (e) to read as 
follows:


Sec.  60.590a  Applicability and designation of affected facility.

* * * * *
    (e) Stay of standards. Owners or operators are not required to 
comply with the definition of ``process unit'' in Sec.  60.590 of this 
subpart until the EPA takes final action to require compliance and 
publishes a document in the Federal Register. While the definition of 
``process unit'' is stayed, owners or operators should use the 
following definition:
    Process unit means components assembled to produce intermediate or 
final products from petroleum, unfinished petroleum derivatives, or 
other intermediates; a process unit can operate independently if 
supplied with sufficient feed or raw materials and sufficient storage 
facilities for the product.


Sec.  60.591a  [Amended]

    12. In Sec.  60.591a, the definition of ``process unit'' is stayed 
from August 1, 2008 until further notice.

[FR Doc. E8-11384 Filed 5-30-08; 8:45 am]
BILLING CODE 6560-50-P