Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 76859

* * * * *

[FR Doc. 04–28087 Filed 12–22–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[OAR–2003–0023; FRL–7852–3] 

RIN 2060–AK49 

National Emission Standards for 

Hazardous Air Pollutants for Source 

Categories: Organic Hazardous Air 

Pollutants From the Synthetic Organic 

Chemical Manufacturing Industry and 

Other Processes Subject to the 

Negotiated Regulation for Equipments 

Leaks

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule; amendments.

SUMMARY: The EPA is taking direct final 

action to amend the National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) for Source Categories: 

Organic Hazardous Air Pollutants from 

the Synthetic Organic Chemical 

Manufacturing Industry and Other 

Processes Subject to the Negotiated 

Regulation for Equipment Leaks. The 

standards are commonly known as the 

Hazardous Organic NESHAP or the 

HON. This action amends the HON to 

allow vapor balancing in conjunction 

with the use of a pressure setting to 

comply with the storage tank control 

requirements of the standards.

DATES: The direct final rule will be 

effective on March 8, 2005 without 

further notice, unless adverse comments 

are received by January 24, 2005, or by 

February 7, 2005 if a public hearing is 

requested. See the proposed rule 

amendments in this issue of the Federal 

Register for information on the hearing. 

If we receive timely adverse comments, 

we will withdraw the direct final rule 

and take final action pursuant to the 

proposed rule amendments.

ADDRESSES: Submit your comments, 

identified by Docket ID No. OAR–2003–

0023, 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: air-and-r-docket@epa.gov.

• 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–2003–0023. 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 email 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), U.S. EPA, 

Research Triangle Park, North Carolina 

27711, telephone number (919) 541–

5402, electronic mail address 

mcdonald.randy@epa.gov.

SUPPLEMENTARY INFORMATION: Regulated 

Entities. The regulated category and 

entities affected by this action include:

Category NAICS

code 

Examples of

regulated entities 

Industrial .... 325 Chemical manufacturing facilities. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers likely to be interested in the 

revisions to the regulation 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 

63.100. If you have questions regarding 

the applicability of the amendments to 

a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

What Should I Consider as I Prepare 

My Comments for EPA? 

Submitting CBI. Do not submit this 

information to EPA through EDOCKET, 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI). In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

76860 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 

accordance with procedures set forth in 

40 CFR part 2. 

Tips for Preparing Your Comments.

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

Public Hearing. Persons interested in 

presenting oral testimony or inquiring 

as to whether a hearing is to be held 

should contact Mr. Randy McDonald, 

Organic Chemicals Group, Emission 

Standards Division (Mail Code C504–

04), U.S. EPA, Research Triangle Park, 

North Carolina 27711, telephone 

number (919) 541–5402, electronic mail 

address mcdonald.randy@epa.gov., at 

least 2 days in advance of the potential 

date of the public hearing. Persons 

interested in attending the public 

hearing must also call Mr. Randy 

McDonald to verify the time, date, and 

location of the hearing. The public 

hearing will provide interested parties 

the opportunity to present data, views, 

or arguments concerning these proposed 

emission standards. 

Comments. We are publishing the 

direct final rule without prior proposal 

because we view it as noncontroversial 

and do not anticipate adverse 

comments. However, in the Proposed 

Rules section of today’s Federal 

Register, we are publishing a separate 

document that will serve as the proposal 

in the event that 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 amendments. 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. Any parties 

interested in commenting must do so at 

this time. 

World Wide 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. If more 

information regarding the TTN is 

needed, call the TTN HELP line at (919) 

541–5384. 

Judicial Review. Under section 

307(b)(1) of the CAA, judicial review of 

the direct final rule is available only by 

filing a petition for review in the U.S. 

Court of Appeals for the District of 

Columbia by February 22, 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. 

Outline. The information presented in 

this preamble is organized as follows:

I. Why are we publishing the amendments as 

a direct final rule? 

II. What amendments are we making to the 

HON? 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Analysis 

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 & 

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. Why Are We Publishing the 

Amendments as a Direct Final Rule? 

We are publishing the amendments 

without prior proposal because we view 

the changes as noncontroversial and 

anticipate no adverse comment. The 

final rule amendments to the HON 

increase flexibility by adding a new 

compliance option. The final rule 

amendments do not alter the stringency 

of the standards, have no adverse health 

or environmental impacts, and will not 

increase costs. The compliance option 

of vapor balancing and use of a pressure 

setting to comply with storage tank 

control requirements has been used in 

several maximum achievable control 

technology (MACT) standards including 

the NESHAP for Pharmaceuticals 

Production, the NESHAP for Pesticide 

Active Ingredient Production, and the 

NESHAP for Miscellaneous Organic 

Chemical Manufacturing. 

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 adverse comments are filed. If we 

receive any adverse comments on the 

direct final rule, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

amendments are being withdrawn due 

to adverse comment. We will address all 

public comments in a subsequent final 

rule based on the proposed rule. We 

will not institute a second comment 

period on the direct final rule. Any 

parties interested in commenting must 

do so at this time. 

II. What Amendments Are We Making 

to the HON? 

We are amending the HON to allow 

vapor balancing in conjunction with the 

use of a tank pressure setting to comply 

with the storage tank control 

requirements. Vapor balancing captures 

the displaced emissions, or working 

losses, from the storage tank and returns 

the vapors to the tank truck, railcar, or 

barge. To eliminate diurnal breathing 

losses from storage vessels, the vapor 

balancing provisions require a pressure 

setting of 2.5 pounds per square inch 

gage (psig) on the pressure-relief valve 

on storage vessels. The vapor balancing 

provision requires that displaced vapors 

from tank trucks and railcars be 

controlled at the reloading or cleaning 

facility to at least 95 percent, the control 

level of the standard. 

As a means of demonstrating 

continuous compliance with the 

pressure setting requirement, the 

provisions require the owner or operator 

to record the pressure vent setting 

during each transfer operation and to 

monitor the pressure relief valve on a 

quarterly basis to ensure no breathing 

losses. To demonstrate compliance with 

the offsite provisions, the owner or 

operator must obtain a certification from 

the cleaning and reloading facility 

indicating that the control requirements 

will be met. In addition, tank trucks, 

railcars, and barges would be required 

to have current certification of 

compliance with pressure test 

Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 76861

requirements, and the owner or operator 

would be required to keep a record of 

the certifications. 

We are making the direct final rule 

amendments because they provide the 

industry with another compliance 

option, one that will result in emissions 

reductions equal to, or greater than, 

those achieved by the existing control 

options. The direct final rule 

amendments would also result in a 

more efficient use of resources because 

a tank owner would not have to 

purchase and operate control equipment 

if a liquid supplier agrees to capture the 

vapors from the tank and treat them 

offsite. Vapor balancing provisions 

identical to those we are adding to the 

HON are already included in the 

promulgated NESHAP for 

Pharmaceuticals Production, Pesticide 

Active Ingredient Production, and 

Miscellaneous Organic Chemical 

Manufacturing. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866, (58 FR 

51735, October 4, 1993) the Agency 

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 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 

the option of using vapor balancing to 

comply with the standards. Since it is 

only an option, this action will not 

increase the information collection 

burden. However, 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–

0282 (EPA ICR No. 1414.04). 

A copy of the OMB approved 

Information Collection Request (ICR) 

may be obtained from Susan Auby, 

Collection Strategies Division; U.S. EPA 

(2822T); 1200 Pennsylvania Ave., NW, 

Washington, DC 20460, or by calling 

(202) 566–1672. 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 Analysis 

The EPA has determined that it is not 

necessary to prepare a regulatory 

flexibility analysis in connection with 

the final rule. 

For purposes of assessing the impacts 

of today’s amendments on small 

entities, a small entity is defined as: (1) 

A small business in the North American 

Industrial Classification System 

(NAICS) code 325 that has up to 500 

employees; (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 amendments 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, since the primary 

purpose of the regulatory flexibility 

analysis is to identify and address 

regulatory alternatives ‘‘which minimize 

any significant economic impact of the 

proposed rule on small entities (5 U.S.C. 

sections 603 and 604).’’ Thus, any 

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 add a 

compliance option granting greater 

flexibility to small entities subject to the 

HON that may result in a more efficient 

use of resources for them and, therefore, 

impose no additional regulatory costs or 

requirements on owners or operators of 

affected sources. 

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, 

the EPA generally must prepare a 

written statement, including a costbenefit 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 costeffective, 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 leastcostly, most cost effective, or leastburdensome 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 

76862 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 

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 final 

rule amendments do not contain a 

Federal mandate that may result in 

expenditures of $100 million or more 

for State, local, and tribal governments, 

in the aggregate, or the private sector in 

any 1 year. The final rule amendments 

provide a source owner or operator with 

another option to comply with the 

standards. Therefore, the 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 the 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 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 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 final rule 

amendments. 

In the spirit of Executive Order 13132 

and consistent with EPA policy to 

promote communications between the 

EPA and State and local governments, 

the EPA specifically solicits comment 

on the 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 the 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 final rule 

amendments do not have tribal 

implications, as specified in Executive 

Order 13175. The 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 final rule 

amendments. 

The EPA specifically solicits 

additional comment on the final rule 

amendments from tribal officials. 

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 

the 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 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 final 

rule amendments are not subject to 

Executive Order 13045 because they are 

based on technology performance, not 

health or safety risks. Furthermore, the 

final rule amendments have been 

determined not to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

The 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 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note), 

directs the 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 

the 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 final rule amendments. 

Therefore, the EPA is not proposing or 

adopting any voluntary consensus 

standards in the 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 

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).

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: December 16, 2004. 

Michael O. Leavitt, 

Administrator.

■ For the reasons set out in the preamble, 

title 40, chapter I, part 63 of the Code of 

Federal Regulations are amended as 

follows:

PART 63—[AMENDED]

■ 1. The authority citation for part 63 

continues to read as follows:

Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 76863

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

Subpart G—[AMENDED]

■ 2. Section 63.119 is amended by:

■ a. Revising paragraphs (a)(1) and (2); 

and

■ b. Adding paragraph (g).

The revisions and addition read as 

follows:

§ 63.119 Storage vessel provisionsreference control technology. 

(a) * * * 

(1) For each Group 1 storage vessel (as 

defined in table 5 of this subpart for 

existing sources and table 6 of the 

subpart for new sources) storing a liquid 

for which the maximum true vapor 

pressure of the total organic hazardous 

air pollutants in the liquid is less than 

76.6 kilopascals, the owner or operator 

shall reduce hazardous air pollutants 

emissions to the atmosphere either by 

operating and maintaining a fixed roof 

and internal floating roof, an external 

floating roof, an external floating roof 

converted to an internal floating roof, a 

closed vent system and control device, 

routing the emissions to a process or a 

fuel gas system, or vapor balancing in 

accordance with the requirements in 

paragraph (b), (c), (d), (e), (f), or (g) of 

this section, or equivalent as provided 

in § 63.121 of this subpart. 

(2) For each Group 1 storage vessel (as 

defined in table 5 of this subpart for 

existing sources and table 6 of this 

subpart for new sources) storing a liquid 

for which the maximum true vapor 

pressure of the total organic hazardous 

air pollutants in the liquid is greater 

than or equal to 76.6 kilopascals, the 

owner or operator shall operate and 

maintain a closed vent system and 

control device meeting the requirements 

specified in paragraph (e) of this 

section, route the emissions to a process 

or a fuel gas system as specified in 

paragraph (f) of this section, vapor 

balance as specified in paragraph (g) of 

this section, or equivalent as provided 

in § 63.121 of this subpart.

* * * * *

(g) The owner or operator who elects 

to vapor balance to comply with the 

requirements of paragraphs (a)(1) and 

(2) of this section shall comply with 

paragraphs (g)(1) through (7) of this 

section and the recordkeeping 

requirements of § 63.123(i).

(1) The vapor balancing system must 

be designed and operated to route 

organic HAP vapors displaced from 

loading of the storage tank to the railcar, 

tank truck, or barge from which the 

storage tank is filled. 

(2) Tank trucks and railcars must have 

a current certification in accordance 

with the U.S. Department of 

Transportation pressure test 

requirements of 49 CFR part 180 for 

tank trucks and 49 CFR 173.31 for 

railcars. Barges must have a current 

certification of vapor-tightness through 

testing in accordance with 40 CFR 

63.565. 

(3) Hazardous air pollutants must 

only be unloaded from tank trucks or 

railcars when vapor collection systems 

are connected to the storage tank’s vapor 

collection system. 

(4) No pressure relief device on the 

storage tank, or on the railcar or tank 

truck, shall open during loading or as a 

result of diurnal temperature changes 

(breathing losses). 

(5) Pressure relief devices must be set 

to no less than 2.5 psig at all times to 

prevent breathing losses. Pressure relief 

devices may be set at values less than 

2.5 psig if the owner or operator 

provides rationale in the notification of 

compliance status report explaining 

why the alternative value is sufficient to 

prevent breathing losses at all times. 

The owner or operator shall comply 

with paragraphs (g)(5)(i) through (iii) of 

this section for each pressure relief 

valve. 

(i) The pressure relief valve shall be 

monitored quarterly using the method 

described in § 63.180(b). 

(ii) An instrument reading of 500 

ppmv or greater defines a leak. 

(iii) When a leak is detected, it shall 

be repaired as soon as practicable, but 

no later than 5 days after it is detected, 

and the owner or operator shall comply 

with the recordkeeping requirements of 

§ 63.181(d)(1) through (4). 

(6) Railcars, tank trucks, or barges that 

deliver HAP to a storage tank must be 

reloaded or cleaned at a facility that 

utilizes the control techniques specified 

in paragraph (g)(6)(i) or (ii) of this 

section. 

(i) The railcar, tank truck, or barge 

must be connected to a closed-vent 

system with a control device that 

reduces inlet emissions of HAP by 95 

percent by weight or greater. 

(ii) A vapor balancing system 

designed and operated to collect organic 

HAP vapor displaced from the tank 

truck, railcar, or barge during reloading 

must be used to route the collected HAP 

vapor to the storage tank from which the 

liquid being transferred originated. 

(7) The owner or operator of the 

facility where the railcar, tank truck, or 

barge is reloaded or cleaned must 

comply with paragraphs (g)(7)(i) 

through (iii) of this section. 

(i) Submit to the owner or operator of 

the storage tank and to the 

Administrator a written certification 

that the reloading or cleaning facility 

will meet the requirements of this 

section. The certifying entity may 

revoke the written certification by 

sending a written statement to the 

owner or operator of the storage tank 

giving at least 90 days notice that the 

certifying entity is rescinding 

acceptance of responsibility for 

compliance with the requirements of 

this paragraph (g)(7). 

(ii) If complying with paragraph 

(g)(6)(i) of this section, comply with the 

requirements for a closed vent system 

and control device specified in 

§§ 63.119 through 63.123. 

(iii) If complying with paragraph 

(g)(6)(ii) of this section, keep the records 

specified in § 63.123(i)(3).

■ 3. Section 63.123 is amended by 

adding paragraph (i) to read as follows:

§ 63.123 Storage vessel provisions—

recordkeeping.

* * * * *

(i) An owner or operator who elects to 

comply with § 63.119(g) shall keep the 

records specified in paragraphs (i)(1) 

through (3) of this section. 

(1) A record of the U.S. Department of 

Transportation certification required by 

§ 63.119(g)(2). 

(2) A record of the pressure relief vent 

setting specified in § 63.119(g)(5). 

(3) If complying with 

§ 63.119(g)(6)(ii), keep the records 

specified in paragraphs (i)(3)(i) and (ii) 

of this section. 

(i) A record of the equipment to be 

used and the procedures to be followed 

when reloading the railcar, tank truck, 

or barge and displacing vapors to the 

storage tank from which the liquid 

originates. 

(ii) A record of each time the vapor 

balancing system is used to comply with 

§ 63.119(g)(6)(ii).

[FR Doc. 04–27992 Filed 12–22–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 268 

[RCRA–2004–0009; FRL–7854–2] 

Land Disposal Restrictions: SiteSpecific Treatment Standard Variance 

for Selenium Waste for Chemical 

Waste Management, Chemical 

Services, LLC

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: On November 19, 2004, the 

Environmental Protection Agency 

published a direct final rule to grant a