6974 Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[OAR–2002–0033; FRL–7869–8] 

RIN 2060–AF28 

National Emission Standards for 

Hazardous Air Pollutants for Petroleum 

Refineries: Catalytic Cracking Units, 

Catalytic Reforming Units, and Sulfur 

Recovery Units

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule; amendments.

SUMMARY: On April 11, 2002, pursuant 

to section 112 of the Clean Air Act 

(CAA), the EPA issued national 

emission standards to control hazardous 

air pollutants emitted from catalytic 

cracking units, catalytic reforming units, 

and sulfur recovery units at petroleum 

refineries. This proposal would amend 

several sections of the existing 

standards. The proposed amendments 

would revise the affected source 

designations and add new compliance 

options for catalytic reforming units that 

use different types of emission control 

systems, new monitoring alternatives for 

catalytic cracking units and catalytic 

reforming units, and a new procedure 

for determining the metal or total 

chloride concentration on catalyst 

particles. The proposed amendments 

would also defer technical requirements 

for most continuous parameter 

monitoring systems, clarify testing and 

monitoring requirements, and make 

editorial corrections to improve 

implementation of the standards and to 

promote better understanding of their 

requirements.

DATES: Comments. Comments must be 

received on or before March 11, 2005, 

unless a hearing is held. If a hearing is 

held, comments must be received on or 

before March 28, 2005.

ADDRESSES: Submit your comments, 

identified by Docket ID No. OAR–2002–

0033, 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: a-and-r-docket@epa.gov.

• Fax: (202) 566–1741. 

• Mail: National Emission Standards 

for Hazardous Air Pollutants (NESHAP) 

for Petroleum Refineries: Catalytic 

Cracking Units, Catalytic Reforming 

Units, and Sulfur Recovery Units 

Docket, Environmental Protection 

Agency, Mailcode: 6102T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. Please include a total of two 

copies.

• Hand Delivery: Environmental 

Protection Agency, 1301 Constitution 

Avenue, NW., Room B102, 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. 

Instructions: Direct your comments to 

Docket ID No. OAR–2002–0033. The 

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 websites 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. 

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 

information, such as copyrighted 

materials, 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 form at the Docket ID No. OAR–

2002–0033 (or A–97–36), 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. 

Robert B. Lucas, Emission Standards 

Division (C439–03), Office of Air 

Quality Planning and Standards, 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone number (919) 541–0884, fax 

number (919) 541–3470, e-mail address: 

lucas.bob@epa.gov.

SUPPLEMENTARY INFORMATION: In the 

Rules and Regulations section of this 

Federal Register, we are issuing these 

amendments as a direct final rule. We 

are making these amendments as a 

direct final rule without prior proposal 

because we view the revisions as 

noncontroversial and anticipate no 

adverse comments. We have explained 

our reasons for these revisions in the 

direct final rule. 

If we receive any significant adverse 

comment on one or more distinct 

amendments in the direct final rule, we 

will publish a timely notice of 

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. If no significant 

adverse comments are received, no 

further action will be taken on this 

proposal and the direct final rule will 

become effective as provided in that 

notice. 

The regulatory text for the proposal is 

identical to that for the direct final rule 

published in the Rules and Regulations 

section of this Federal Register. For 

further supplementary information, see 

the direct final rule.

I. General Information 

A. Does This Action Apply to Me? 

Categories and entities potentially 

regulated by this action include:

Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Proposed Rules 6975

1Capacity includes owned or leased facilities as 

well as facilities under a processing agreement or 

an agreement such as an exchange agreement or a 

throughput. The total product to be delivered under 

the contract must be at least 90 percent refined by 

the successful bidder from either crude oil or bona 

fide feedstocks.

Category NAICS code1 Examples of regulated entities 

Industry ..................................................... 32411 Petroleum refineries that operate catalytic cracking units, catalytic reforming units, 

or sulfur recovery units. 

Federal government .................................. ........................ Not affected. 

State/local/tribal government .................... ........................ Not affected. 

1 North American Industry Classification System. 

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 63.1561 

of the NESHAP for petroleum refineries: 

catalytic cracking units, catalytic 

reforming units, and sulfur recovery 

units. If you have questions regarding 

the applicability of this action to a 

particular entity, consult the contact 

person listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

Do not submit information containing 

CBI to EPA through EDOCKET, 

regulations.gov or e-mail. Send or 

deliver information identified as CBI 

only to the following address: Roberto 

Morales, OAQPS Document Control 

Officer (C404–02), U.S. EPA, Research 

Triangle Park, NC 27711, Attention 

Docket ID No. OAR–2002–0033. 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 

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 

accordance with procedures set forth in 

40 CFR part 2. 

C. Where Can I Get a Copy of This 

Document and Other Related 

Information? 

In addition to being available in the 

docket, an electronic copy of today’s 

proposed amendments is also available 

on the Worldwide Web (WWW) through 

the Technology Transfer Network 

(TTN). Following the Administrator’s 

signature, a copy of the proposed 

amendments will be placed on the 

TTN’s policy and guidance page for 

newly proposed or promulgated rules at 

http://www.epa.gov/ttn/oarpgs. 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. 

D. Will There Be a Public Hearing? 

If anyone contacts the EPA requesting 

to speak at a public hearing by February 

22, 2005, a public hearing will be held 

on February 23, 2005. If a public hearing 

is requested, it will be held at 10 a.m. 

at the EPA Facility Complex in Research 

Triangle Park, North Carolina or at an 

alternate site nearby. 

II. Statutory and Executive Order 

Reviews 

For information regarding other 

administrative requirements for this 

action, please see the direct final rule 

that is located in the Rules and 

Regulations section of this Federal 

Register. 

The Regulatory Flexibility Act 

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 

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 amendments on 

small entities, a small entity is defined 

as: (1) A small business that has no 

more than 1,500 employees and no more 

than 75,000 barrels per day capacity of 

petroleum-based inputs, including 

crude oil or bona fide feedstocks; 1 for 

NAIC code 32411; (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 not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field.

After considering the economic 

impacts of today’s proposed 

amendments on small entities, I certify 

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 impact on small entities, since 

the primary purpose of the regulatory 

flexibility analyses is to identify and 

address regulatory alternatives which 

minimize any significant economic 

impact of the proposed rule on small 

entities (5 U.S.C. 603–604). Thus, an 

agency may certify 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 effect on the 

small entities subject to the rule. The 

proposed amendments make 

improvements to the existing standards 

by adding new compliance options, 

allowing more time for certain new or 

reconstructed affected sources to 

comply, and clarifying monitoring and 

testing requirements. We have, 

therefore, concluded that today’s 

proposed amendments will have no 

adverse impacts on any small entities 

and may relieve burden in some cases. 

We continue to be interested in the 

potential impacts of the proposed rule 

on small entities and welcome 

comments on issues related to such 

impacts.

List of Subjects in 40 CFR Part 63

Environmental protection, Air 

pollution control, Hazardous 

substances, Reporting and 

recordkeeping requirements.

Dated: February 1, 2005. 

Stephen L. Johnson, 

Acting Administrator.

[FR Doc. 05–2309 Filed 2–8–05; 8:45 am] 

BILLING CODE 6560–50–P