Browse: Departments   Dates   Agencies  

ENVIRONMENTAL PROTECTION AGENCY

Environmental Protection Agency

CFR Citation: 40 CFR Part 63

RIN ID: RIN 2060-AO99

EPA ID: [EPA-HQ-OAR-2003-0138, FRL-8557-2]

NOTICE: PROPOSED RULES

ACTION: National Emission Standards for Hazardous Air Pollutants:

DOCUMENT ACTION: Proposed rule.

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

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.

DOCUMENT SUMMARY: EPA is proposing to amend the National Emission Standards for Hazardous Air Pollutants: Organic
[[Page 21890]]
Liquids Distribution (nongasoline) 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.

SUMMARY: Organic Liquids Distribution (Non-Gasoline),

SUPPLEMENTAL 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 (nongasoline) (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 (E14301), Research Triangle Park, NC 27711; telephone number: (919) 5417946, email address: eck.janet@epa.gov, 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 notforprofit 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. E88811 Filed 42208; 8:45 am]
BILLING CODE 656050P

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 (E14301), EPA, Research Triangle Park, NC 27711, telephone: (919) 5415397, facsimile number: (919) 6853195, email address: shedd.steve@epa.gov.

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) 5647042, facsimile number: (202) 5640050, email address: mia.marcia@epa.gov.