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 

76864 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 

site-specific treatment standard variance 

from the Land Disposal Restrictions 

(LDR) treatment standards to Chemical 

Waste Management, Chemical Services 

LLC (CWM) in Model City, New York. 

EPA also published an accompanying 

proposed rule to supplant this rule in 

the event EPA received any adverse 

comment on the direct final rule. This 

variance is for a selenium-bearing 

hazardous waste generated by Guardian 

Industries Corp. (Guardian), a glass 

manufacturing company. EPA has 

received a comment on this treatment 

variance that it deems adverse, and is 

withdrawing the direct final rule. 

Therefore, this site-specific treatment 

standard variance will not take effect on 

January 3, 2005 and CWM cannot treat 

the Guardian waste under a treatment 

standard variance. EPA will review and 

address all the comments received on 

this variance and will decide what 

action to take in a future Federal 

Register document. We will not 

institute a second comment period on 

this action.

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the RCRA 

Call Center at 800–424–9346 or TDD 

800–553–7672 (hearing impaired). In 

the Washington, DC, metropolitan area, 

call 703–412–9810 or TDD 703–412–

3323. For more detailed information on 

specific aspects of this rulemaking, 

contact Juan Parra at (703) 308–0478 or 

parra.juan@epa.gov, Office of Solid 

Waste (MC 5302 W), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., Washington, DC 

20460.

SUPPLEMENTARY INFORMATION: On 

November 19, 2004, EPA published a 

direct final rule (69 FR 67647) and a 

notice of proposed rulemaking (69 FR 

67695) promulgating and proposing, 

respectively, amendments to grant a 

site-specific treatment standard variance 

from the Land Disposal Restrictions 

(LDR) treatment standards for a 

selenium-bearing hazardous waste to 

Chemical Waste Management, Chemical 

Services LLC. EPA indicated that it was 

promulgating this site-specific treatment 

variance as a direct final rule because it 

believed this action to be noncontroversial. However, the Agency 

further stated that if it received any 

adverse comments by December 20, 

2004 on the direct final rule, it would 

publish a timely withdrawal of the 

direct final rule in the Federal Register, 

and address the adverse comments and 

determine what action to take in a 

future Federal Register document.

List of Subjects in 40 CFR Part 268 

Environmental Protection, Hazardous 

waste, Reporting and recordkeeping 

requirements.

Dated: December 16, 2004. 

Thomas P. Dunne, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response.

■ Accordingly, the revision to 40 CFR 

268.44 published in the Federal Register

on November 19, 2004 (69 FR 67695), 

which was to become effective on 

January 3, 2005, is withdrawn.

[FR Doc. 04–28089 Filed 12–22–04; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 80

[DA 04–3408] 

Use of Frequency 156.575 MHz for Port 

Operations Communications in Puget 

Sound

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: In this document the 

Commission permits the use of marine 

VHF channel 71 (156.575 MHz) for the 

use of intership port operations 

communications in Puget Sound, the 

Straits of Juan de Fuca, and their 

approaches. This was in response to a 

Coast Guard request to the Commission 

recommending that VHF marine 

Channel 71 be authorized for use by the 

Puget Sound Pilots for intership port 

operations communications. This action 

will allow more efficient management of 

vessel traffic in the area, thereby 

increasing navigational safety and 

protecting the marine environment in 

this busy port.

DATES: Effective January 24, 2005.

FOR FURTHER INFORMATION CONTACT:

James Shaffer, James.Shaffer@FCC.gov,

Public Safety and Critical Infrastructure 

Division, Wireless Telecommunications 

Bureau, (202) 418–0687, or TTY (202) 

418–7233.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order,

DA 04–3408, adopted on October 26, 

2004, and released on October 28, 2004. 

The full text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center, 445 12th Street, 

SW., Washington, DC 20554. The 

complete text may be purchased from 

the Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. The full text may also be 

downloaded at: www.fcc.gov.

Alternative formats are available to 

persons with disabilities by contacting 

Brian Millin at (202) 418–7426 or TTY 

(202) 418–7365 or at bmillin@fcc.gov.

1. The Order amends § 80.373(f) of the 

Commission’s rules to make VHF 

marine Channel 71 (156.575 MHz) 

available for intership port operations 

communications in Puget Sound, the 

Straits of Juan de Fuca, and the 

approaches thereto. This amendment 

will allow the vessel traffic in Puget 

Sound to be managed more efficiently 

and will protect the marine 

environment by preventing vessel 

collisions and groundings. 

2. In 2000, the Commission amended 

§ 0.331 of its rules to delegate authority 

to the Wireless Telecommunications 

Bureau (Bureau) to designate, by 

footnote to the frequency table in 

§ 80.373(f), frequencies available for 

intership port operations 

communications in defined port areas. 

In the Report and Order, WT Docket No. 

99–332, 15 FCC Rcd 11302 (2000), the 

Commission indicated that it was 

authorizing the Bureau to act on 

requests from the United States Coast 

Guard (Coast Guard) to make 

frequencies available for intership 

communications related to port 

operations in order to alleviate 

communications congestion related to 

such port operations. 

3. On March 12, 2004, the Coast 

Guard submitted a request to the 

Bureau’s Public Safety and Critical 

Infrastructure Division recommending 

that VHF marine Channel 71 be 

authorized for use by the Puget Sound 

Pilots for intership port operations 

communications at a normal power of 

one watt (exceptionally ten watts) in 

Puget Sound, the Straits of Juan de 

Fuca, and the approaches thereto 

Enclosed was a letter from the Puget 

Sound Pilots asking the Coast Guard to 

request that the Commission designate 

VHF marine Channel 71 as a port 

operations channel in the area under the 

jurisdiction of the Captain of the Port 

Puget Sound, with its use limited to 

intership communications with pilots 

regarding the movement and docking of 

ships at a normal power of one watt. 

The Coast Guard also enclosed letters 

from the North Pacific Marine Radio 

Council (NPMRC), the Puget Sound 

Harbor Safety and Security Committee 

(PSHSSC), the Recreational Boating 

Association of Washington (RBAW), and 

the Captain of the Port Puget Sound, all 

concurring with the request. 

4. We agree with the Coast Guard that 

the proposed designation will enhance