Federal Register / Vol. 62, No. 35 / Friday, February 21, 1997 / Rules and Regulations 7937

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Final Regulations

In consideration of the foregoing, the

Coast Guard amends Part 100 of Title

33, Code of Federal Regulations, as

follows:

PART 100—[AMENDED]

1. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46.

2. A new section 100.724 is added to

read as follows:

§ 100.724 Annual Augusta Invitational

Rowing Regatta; Savannah River, Augusta,

GA.

(a) Definitions. (1) Regualted area.

The regulated area is formed by a line

drawn directly across the Savannah

River at U.S. Highway 1 (Fifth Street)

Bridge at mile marker 199.45 and

directly across the Savannah River at

Eliot’s Fish Camp at mile marker 197.

The regulated area includes the width of

the Savannah River between these two

lines.

(2) Coast Guard Patrol Commander.

The Coast Guard patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who been

designated by the Commander, Coast

Guard Group Charleston, SC.

(b) Special local regulations. (1) Entry

into the regulated area is prohibited to

all non-participants.

(2) After the termination of the

Invitational Rowing Regatta each day,

and during intervals between scheduled

events, at the discretion of the Coast

Guard Patrol Commander, all vessels

may resume normal operations.

(c) Effective dates. This section is

effective at 7 a.m. and terminates at 5

p.m. local time annually, on Thursday,

Friday, Saturday and Sunday of the

third weekend of March.

Dated: February 6, 1997.

R.D. Utley,

Captain, U.S. Coast Guard, Commander,

Seventh Coast Guard District Acting.

[FR Doc. 97–4358 Filed 9–20–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–5690–9]

RIN 2060–AD94

National Emission Standards for

Hazardous Air Pollutants: Petroleum

Refineries

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action expands and

clarifies definitions in the ‘‘National

Emission Standards for Hazardous Air

Pollutants: Petroleum Refineries,’’

which was issued as a final rule on

August 18, 1995.

DATES: The direct final rule will be

effective April 22, 1997 unless

significant, adverse comments are

received by March 24, 1997. If

significant, adverse comments are

timely received EPA will publish timely

notice in the Federal Register

withdrawing the final rule.

FOR FURTHER INFORMATION CONTACT: Mr.

James Durham, Waste and Chemical

Processes Group, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Research Triangle

Park, North Carolina 27711, telephone

number (919) 541–5672.

SUPPLEMENTARY INFORMATION: If

significant adverse comments are timely

received on this direct final rule, all

such comments will be addressed in a

subsequent final rule based on the

proposed rule contained in the

Proposed Rules Section of this Federal

Register that is identical to this direct

final rule. The Direct Final Rule will be

withdrawn. If no significant adverse

comments are timely filed on any

provision of this direct final rule then

the entire direct final rule will become

effective 60 days from today’s Federal

Register notice and no further action is

contemplated on the parallel proposal

published today.

On August 18, 1995 (60 FR 43243),

EPA promulgated in the Federal

Register national emission standards for

hazardous air pollutants (NESHAP) for

petroleum refineries. These regulations

were promulgated as subpart CC of 40

CFR part 63. This document contains

additions to definitions which will

clarify the applicability of control

requirements and provide flexibility for

the regulated population.

I. Description of Changes

A. Addition of Annual Average True

Vapor Pressure Cut-Off to Definition of

a Group 1 Storage Vessel

On July 15, 1994 (59 FR 36130) the

EPA proposed national emission

standards for hazardous air pollutants

for petroleum refineries. In the proposed

rule, a Group 1 storage vessel was

defined as a vessel with a maximum

true vapor pressure above a specified

number.

Comments received regarding this

definition stated that the storage tank

vapor pressure information provided by

refineries, on which the true vapor

pressure limit for Group 1 storage

vessels at existing sources was based,

was most likely reflective of annual

average, as opposed to maximum true

vapor pressures. The EPA agreed with

the commenters and increased the

maximum true vapor pressure

applicability cut-off for storage vessels

at an existing source from 8.3 to 10.4

kilopascals to account for the difference

between annual average and maximum

true vapor pressure. This change was

made in the final rule (60 FR 43243).

Additional comments were received

after the rule was promulgated stating

that a true vapor pressure cut-off based

on an annual average temperature

would provide flexibility to refiners.

Having determined that true vapor

pressure cut-offs of 8.3 and 10.4

kilopascals based on annual average and

maximum monthly temperature,

respectively, provide equivalent

emission control, EPA has decided to

provide both annual average and

maximum true vapor pressure

applicability cut-offs for existing storage

tanks. Refineries may use either cut-off

to determine if an existing storage vessel

is subject to the control requirements of

the rule. This amendment does not

change the stringency of the

requirement, or the estimated cost

effectiveness of this regulation.

Adding an annual average true vapor

pressure applicability cut-off to the

Group 1 storage vessel definition

necessitates adding a definition for

annual average true vapor pressure. A

definition for annual average true vapor

pressure is included in this direct final

rule.

B. Clarification of the Group 1 Storage

Vessel HAP Content Applicability CutOff

In the promulgated Petroleum

Refineries NESHAP, the Group 1 storage
7938 Federal Register / Vol. 62, No. 35 / Friday, February 21, 1997 / Rules and Regulations

vessel definition does not indicate

whether the HAP concentration

applicability cut-off refers to the

maximum or annual average HAP

concentration. By this direct final rule,

EPA clarifies that the HAP

concentration Group 1 applicability cutoff for both new and existing storage

vessels refers to the annual average HAP

concentration. HAP concentrations in

stored liquids were determined based

on information solicited from refineries

for use in development of the Petroleum

Refineries NESHAP. It is most likely

that HAP content information used to

determine the HAP concentration cutoffs was provided on an annual basis.

II. Judicial Review

Under section 307(b)(1) of the Clean

Air Act (CAA), judicial review of the

actions taken by this final rule is

available only on the filing of a petition

for review in the U.S. Court of Appeals

for the District of Columbia Circuit

within 60 days of today’s publication of

this action. Under section 307(b)(2) of

the CAA, the requirements that are

subject to today’s notice may not be

challenged later in civil or criminal

proceedings brought by EPA to enforce

these requirements.

III. Administrative Requirements

A. Paperwork Reduction Act

The information collection

requirements of the previously

promulgated NESHAP were submitted

to and approved by the Office of

Management and Budget (OMB). A copy

of this Information Collection Request

(ICR) document (OMB Control Number

2060–0340) may be obtained from the

Information Policy Branch (PY–223Y);

U.S. Environmental Protection Agency;

401 M Street, SW; Washington, DC

20460 or by calling (202) 260–2740.

Today’s changes to the NESHAP have

no impact on the information collection

burden estimates made previously. The

changes consist of new and revised

definitions which clarify applicability of

control requirements in the NESHAP.

No additional information collection is

being required. Consequently, the ICR

has not been revised.

B. Executive Order 12866 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 OMB review and the

requirements of the Executive Order.

The Order defines a ‘‘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 land 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.

Because today’s action clarifies

existing control requirements and does

not add any additional control,

monitoring, recordkeeping, or reporting

requirements, this rule was classified

‘‘non-significant’’ under Executive

Order 12866 and, therefore was not

reviewed by the Office of Management

and Budget.

C. Regulatory Flexibility Act

EPA has determined that it is not

necessary to prepare a regulatory

flexibility analysis in connection with

this final rule. EPA has also determined

that this rule will not have a significant

economic impact on a substantial

number of small entities. This direct

final rule would not have a significant

impact on a substantial number of small

entities because it simply clarifies the

applicability of control requirements in

the Petroleum Refineries NESHAP, does

not alter control, monitoring,

recordkeeping, or reporting

requirements, and does not include any

provisions that create a burden for any

of the regulated entities.

D. Unfunded Mandates Reform Act

Under the unfunded mandates reform

act, EPA must prepare a statement to

accompany any rule where the

estimated costs to State, local, or Tribal

governments, or to the private sector,

will be $100 million or more per year.

At the time of promulgation, EPA

determined that the petroleum refineries

NESHAP does not include a Federal

mandate that may result in estimated

costs of $100 million or more to either

State, local, or tribal governments in the

aggregate or to the private sector. This

determination is not altered by today’s

action, the purpose of which is to add

clarity and flexibility to existing

requirements. Consequently, an

unfunded mandates statement has not

been prepared.

E. Submission to Congress

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives, and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This 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, Air

pollution control, Hazardous air

pollutants, Petroleum refineries,

Reporting and recordkeeping

requirements, Storage vessels.

Dated: February 11, 1997.

Mary D. Nichols,

Assistant Administrator for Air and

Radiation.

For the reasons set out in the

preamble, part 63 of title 40, chapter I,

of the Code of Federal Regulations is

amended as follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

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

Subpart CC—National Emission

Standards for Hazardous Air

Pollutants: Petroleum Refineries

2. Section 63.641 is amended by

adding, in alphabetical order, a

definition for ‘‘annual average true

vapor pressure’’ and revising the

definition for ‘‘Group 1 storage vessel’’

to read as follows:

§ 63.641 Definitions.

* * * * *

Annual average true vapor pressure

means the equilibrium partial pressure

exerted by the stored liquid at the

temperature equal to the annual average

of the liquid storage temperature for

liquids stored above or below the

ambient temperature or at the local

annual average temperature reported by

the National Weather Service for liquids

stored at the ambient temperature, as

determined:

(1) In accordance with methods

specified in § 63.111 of subpart G of this

part;

(2) From standard reference texts; or

(3) By any other method approved by

the Administrator.

* * * * *

Group 1 storage vessel means a

storage vessel at an existing source that

has a design capacity greater than or
Federal Register / Vol. 62, No. 35 / Friday, February 21, 1997 / Rules and Regulations 7939

equal to 177 cubic meters and storedliquid maximum true vapor pressure

greater than or equal to 10.4 kilopascals

and stored-liquid annual average true

vapor pressure greater than or equal to

8.3 kilopascals and annual average HAP

liquid concentration greater than 4

percent by weight total organic HAP; a

storage vessel at a new source that has

a design storage capacity greater than or

equal to 151 cubic meters and storedliquid maximum true vapor pressure

greater than or equal to 3.4 kilopascals

and annual average HAP liquid

concentration greater than 2 percent by

weight total organic HAP; or a storage

vessel at a new source that has a design

storage capacity greater than or equal to

76 cubic meters and less than 151 cubic

meters and stored-liquid maximum true

vapor pressure greater than or equal to

77 kilopascals and annual average HAP

liquid concentration greater than 2

percent by weight total organic HAP.

* * * * *

3. Section 63.646 is amended by

revising paragraph (b)(2) to read as

follows:

§ 63.646 Storage vessel provisions.

* * * * *

(b) * * *

(2) When an owner or operator and

the Administrator do not agree on

whether the annual average weight

percent organic HAP in the stored liquid

is above or below 4 percent for a storage

vessel at an existing source or above or

below 2 percent for a storage vessel at

a new source, Method 18 of 40 CFR part

60, appendix A shall be used.

* * * * *

[FR Doc. 97–4326 Filed 2–20–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[AD–FRL–5689–6]

Clean Air Act Final Interim Approval of

Operating Permits Program;

Delegation of Section 112 Standards;

State of Maine

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final interim approval.

SUMMARY: The EPA is promulgating

source category-limited interim

approval of the Operating Permits

Program submitted by the State of

Maine for the purpose of complying

with Federal requirements for an

approvable State program to issue

operating permits to all major stationary

sources, and to certain other sources.

EPA is also proposing elsewhere in this

Federal Register to add a sixth interim

approval issue which would require

Maine to remove some of the activities

listed as insignificant in the State’s

rules. See the proposed rulemaking on

Maine’s Title V program.

EFFECTIVE DATE: March 24, 1997.

ADDRESSES: Copies of the State’s

submittal and other supporting

information used in developing the final

interim approval are available for

inspection during normal business

hours at the following location: Office of

Ecosystem Protection, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA.

FOR FURTHER INFORMATION CONTACT:

Donald Dahl, (617) 565–4298.

SUPPLEMENTARY INFORMATION:

I. Background

Title V of the 1990 Clean Air Act

Amendments (sections 501–507 of the

Clean Air Act (‘‘the Act’’)), and

implementing regulations at 40 Code of

Federal Regulations (CFR) part 70

require that States develop and submit

operating permits programs to EPA by

November 15, 1993, and that EPA act to

approve or disapprove each program

within 1 year after receiving the

submittal. The EPA’s program review

occurs pursuant to section 502 of the

Act and the part 70 regulations, which

together outline criteria for approval or

disapproval. Where a program

substantially, but not fully, meets the

requirements of part 70, EPA may grant

the program interim approval for a

period of up to 2 years. If EPA has not

fully approved a program by the end of

an interim program, it must establish

and implement a Federal program.

On September 19, 1996, EPA

proposed interim approval of the

operating permits program for the State

of Maine. See 61 FR 49289. The EPA

received comments from the Town of

Jay on the proposal. In this document

EPA is taking final action to promulgate

interim approval of the operating

permits program for the State of Maine.

In addition, EPA is also proposing in

this Federal Register to add a sixth

interim approval issue in response to

the comment from the Town of Jay and

information submitted by other parties

concerned about Jay’s comment.

II. Response to Comments

The comments received on EPA’s

September 19, 1996 proposal to grant

interim approval to the Maine Program

and EPA’s response to those comments

are as follows:

Comment: The Town of Jay believes

that EPA should require the State of

Maine to remove six activities from the

State’s list of insignificant activities.

The six activities are: (1) Paper forming;

(2) vacuum system exhaust; (3) liquor

clarifier and storage tanks and

associated pumping, piping, and

handling; (4) stock cleaning and

pressurized pulp washing; (5) broke

beaters, repulpers, pulp and repulping

tanks, stock chests and bulk pulp

handling; and (6) sewer manholes,

junction boxes, sumps and lift stations

associated with wastewater treatment

systems.

Response: Based on the Town’s

comment and other information EPA

has received concerning this issue, EPA

is proposing in this Federal Register to

require the State of Maine to remove the

six activities listed above from its list of

insignificant activities. Please refer to

the proposed action elsewhere in this

Federal Register for a discussion of this

issue.

III. Final Action

The EPA is promulgating source

category-limited interim approval of the

operating permits program submitted by

the State of Maine on October 23, 1995.

The State must make the changes

specified in the proposed rulemaking,

under II.B., Proposed Action, in order to

be granted full approval. See 61 FR

49292–49293 (September 19, 1996) for a

complete discussion of those

conditions. In brief they are: (1) Failure

to allow for Section 502(b)(10) changes;

(2) failure to require processing ‘‘Part 70

Minor Change’’ within 90 days; (3)

allowing a change at a facility, defined

as ‘‘Part 70 Minor Revision,’’ that could

increase emissions up to 4 tons per year

of a regulated pollutant or 8 tons per

year for all regulated pollutants to be

processed without EPA or affected state

review; (4) allowing a facility, under

limited circumstances, to continue to

emit up to the previous licensed level

for up to 24 months after the license is

amended; and (5) allowing an activity

that emits between 1 and 4 tons of

hazardous air pollutants to be classified

as insignificant.

The scope of the State of Maine’s Part

70 program approved in this document

applies to all Part 70 sources (as defined

in the approved program) within the

State of Maine, except any sources of air

pollution over which an Indian Tribe

has jurisdiction. See, e.g., 59 FR 55813,

55815–18 (Nov. 9, 1994). The term

‘‘Indian Tribe’’ is defined under the Act

as ‘‘any Indian tribe, band, nation, or

other organized group or community,

including any Alaska Native village,

which is Federally recognized as

eligible for the special programs and

services provided by the United States

to Indians because of their status as