
[Federal Register: April 23, 2008 (Volume 73, Number 79)]
[Rules and Regulations]               
[Page 21825-21834]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap08-9]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2003-0138, FRL-8557-1]
RIN 2060-AO99

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on the national emission 
standards for hazardous air pollutants for organic liquids distribution 
(non-gasoline), which EPA promulgated on February 3, 2004, and amended 
on July 28, 2006. In this action, EPA is clarifying 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.

DATES: This direct final rule is effective on July 22, 2008, without 
further notice, unless EPA receives adverse comment by June 9, 2008. If 
we receive adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that this rule, or the relevant 
section of this rule, will not take effect.
    Public Hearing: If anyone contacts EPA requesting to speak at a 
public hearing concerning this rulemaking by May 5, 2008, we will hold 
a public hearing on May 8, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0138, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-Docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: Air and Radiation Docket, Environmental Protection 
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460. Please include a total of two copies.
     Hand Delivery: In person or by courier, deliver your 
comments to: Air and Radiation Docket, Public Reading Room, EPA West 
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. Please include a total of two copies. We request 
that a separate copy also be sent to the contact persons listed below 
(see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0138. 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.regulations.gov, 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 http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, 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 http://www.regulations.gov, your e-mail 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 the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed either in the http:/
/www.regulations.gov index or in the legacy docket, Docket No. A-98-13. 
Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically in 
http://www.regulations.gov or in hard copy at the Air and Radiation 
Docket, EPA West Building, Room 3334, 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 and Radiation Docket is (202) 566-1742.
    Public Hearing: If you are interested in attending the public 
hearing, contact Ms. Janet Eck at (919) 541-7946 to verify that a 
hearing will be held. 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.

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 (E143-01), 
EPA, Research Triangle Park, NC 27711, telephone: (919) 541-5397, 
facsimile number: (919) 685-3195, e-mail 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) 564-7042, facsimile 
number: (202) 564-0050, e-mail address: mia.marcia@epa.gov.

SUPPLEMENTARY INFORMATION:
    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial action and anticipate no adverse comment 
because the changes being implemented clarify the application of the 
rule, make the rule consistent with other regulations with no loss in 
its effectiveness in achieving emission reductions, and correct 
typographical and format errors. However, in the Proposed Rules section 
of this Federal Register, we are publishing a separate document that 
will serve as the proposed rule for these revisions if adverse comments 
are received on this direct final rule. If we receive adverse comment 
on a distinct section of this rule, we will publish a timely withdrawal 
in the Federal Register informing the public that some or all of the 
amendments in this rule will not take effect. The provisions that are 
not withdrawn will become effective on the date set out above, 
notwithstanding adverse comment on

[[Page 21826]]

any other provision, unless we determine that it would not be 
appropriate to promulgate those provisions due to their being affected 
by the provisions for which we receive any adverse comments. 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 this 
action. Any parties interested in commenting must do so at this time. 
For further information about commenting on this rule, see the 
ADDRESSES section of this document.
    Submitting CBI.
    Do not submit this information to EPA through http://
www.regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information on 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 accordance with 
procedures set forth in 40 CFR part 2. Categories and entities 
potentially regulated by this action include:

----------------------------------------------------------------------------------------------------------------
               Category                      NAICS* code                 Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry.............................  325211, 325192, 325188,  Operations at major sources that transfer
                                        32411, 49311, 49319,     organic liquids into or out of the plant site,
                                        48611, 42269, 42271.     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 
final rule. 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 final rule 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.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this final rule is also available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this final rule will be posted on the TTN's policy and guidance 
page for newly proposed or promulgated rules at the following address:  
http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control.
    Outline: The information presented in this preamble is organized as 
follows:

I. Background
II. Summary of These Final Rule Amendments
III. Rationale for These Final Rule Amendments
    A. Use of TOC as a Surrogate for HAP When Demonstrating 
Compliance with Percent Emission Reduction
    B. Compliance Date and Initial Demonstration of Compliance for 
Storage Tanks Using Vapor Balancing or Routing Emissions Back to a 
Process or a Fuel Gas System
    C. Monitoring of Vapor Balancing System Components With the 
Potential To Leak
    D. Format, Grammatical, and Typographical Errors
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    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 Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Background

    On February 3, 2004 (69 FR 5063), EPA promulgated the National 
Emission Standards for Hazardous Air Pollutants: Organic Liquids 
Distribution (Non-Gasoline) (OLD NESHAP) (40 CFR part 63, subpart EEEE) 
pursuant to section 112 of the Clean Air Act (CAA). In response to 
several petitions for administrative reconsideration of the OLD NESHAP 
and several petitions for judicial review filed with the United States 
Court of Appeals for the District of Columbia Circuit, and pursuant to 
a settlement agreement between some of the parties to the litigation, 
EPA proposed amendments to subpart EEEE on November 14, 2005 (70 CFR 
69210). EPA received comments from four entities. On July 28, 2006 (71 
FR 42898), EPA promulgated amendments to subpart EEEE based on 
consideration of the comments received on the proposed amendments.

II. Summary of These Final Rule Amendments

    Under these final rule amendments, the following changes or 
clarifications are being promulgated.
     Removing the requirement that owners and operators must 
obtain prior approval from the Administrator to use total organic 
compounds (TOC) as a surrogate for hazardous air pollutants (HAP) when 
demonstrating compliance with the percent emission reduction 
requirements for combustion devices.
     Clarifying that demonstration of initial compliance for 
storage tanks that elect to comply with either the vapor balancing work 
practice requirement or the routing of emissions to a fuel gas system 
or back to a process work practice requirement must be made by April 
25, 2011, and not 10 years after February 3, 2004. We retain the 
requirement that compliance must occur prior to the specified date or 
the first degassing, whichever occur earlier.
     Clarifying that the continuous compliance requirements for 
the

[[Page 21827]]

monitoring of a transfer rack system using vapor balancing is for all 
points in the system that may leak and that monitoring is not required 
in any quarter in which loading does not occur.
    These final rule amendments also correct several format, 
grammatical, and typographical errors which occur in Table 2 (item 
9.b.ii), Table 5 (item 1.b), Table 6 (item 1), Table 7 (item 1.a.i, 
item 1.c.i, and item 2.a.i), and Sec.  63.2343(d).

III. Rationale for These Final Rule Amendments

A. Use of TOC as a Surrogate for HAP When Demonstrating Compliance With 
Percent Emission Reduction

    Section 63.2354(b) of the NESHAP specifies that you must comply 
with various requirements of 40 CFR part 63, subpart SS for performance 
testing provisions, including Sec.  63.997(e). Additionally, Sec.  
63.2346(f) specifies that if you elect to demonstrate compliance with 
the percent reduction requirements using TOC rather than organic HAP, 
you must first demonstrate, subject to approval of the Administrator, 
that TOC is an appropriate surrogate for organic HAP. This requirement 
was intended to address circumstances under which a device such as a 
condenser could achieve substantively different results from one 
compound to another. Under these conditions, an inlet and outlet 
percent control determination for TOC might not be equivalent to a 
similar determination for each or total HAP. Since promulgation, we 
have received questions on whether the requirement to first demonstrate 
that TOC is an appropriate surrogate for organic HAP is necessary for a 
combustion device. When organic compounds are controlled by combustion 
processes, the organic compounds emitted at the outlet of the device 
are not the same as those entering the inlet to the device and are 
typically unknown. Further, unlike non-combustion devices, combustion 
devices achieve a greater uniformity of destruction across all organic 
HAP compounds. Therefore, we have determined that the requirement to 
first demonstrate that TOC is an appropriate surrogate for organic HAP 
is unwarranted for combustion devices and have modified paragraph (f) 
of 40 CFR 63.2346 to make this requirement applicable only to non-
combustion devices.

B. Compliance Date and Initial Demonstration of Compliance for Storage 
Tanks Using Vapor Balancing or Routing Emissions Back to a Process or a 
Fuel Gas System

    Section 63.2342 identifies when an owner or operator must comply 
with the requirements of subpart EEEEE, while Sec.  63.2358 identifies 
the dates by which an owner or operator must demonstrate initial 
compliance. As discussed below, there is an inconsistency in these two 
sections of the rule as they apply to storage tanks for which vapor 
balancing or routing of emissions to a fuel gas system or back to a 
process are used to comply with the rule.
    Paragraph (b)(1) of Sec.  63.2342 states that owners or operators 
of existing affected sources must be in compliance with the emission 
limitations, operating limits, and work practice standards for existing 
sources by February 5, 2007, except as specified in Sec.  
63.2342(b)(2). Paragraph (b)(2) states that ``floating roof tanks at 
existing affected sources must be in compliance with the work practice 
standards in Table 4 to this subpart, item 1, at all times after the 
next degassing and cleaning activity or within 10 years after February 
3, 2004, whichever occurs first. If the first degassing and cleaning 
activity occurs during the 3 years following February 3, 2004, the 
compliance date is February 5, 2007.''
    With regards to demonstrating initial compliance, paragraph (c)(1) 
of Sec.  63.2358 states that ``for storage tanks at existing affected 
sources complying with the work practice standard in Table 4 to this 
subpart, you must conduct your initial compliance demonstration the 
next time the storage tank is emptied and degassed, but not later than 
10 years after February 3, 2004.'' The work practice standards in Table 
4 for storage tanks at existing facilities are:
     Comply with the requirements of 40 CFR part 63, subpart WW 
(control level 2), which addressed the use of floating roofs;
     Comply with the requirements of Sec.  63.984 for routing 
emissions to a fuel gas system or back to a process; and
     Comply with the requirements of Sec.  63.2346(a)(4) for 
vapor balancing emissions to the transport vehicle from which the 
storage tank is filled.
    As stated in the July 28, 2006, Federal Register in response to a 
public comment (71 FR 42899), the technical basis for allowing 
demonstration of initial compliance up to 10 years after February 3, 
2004, applies only to storage tanks with floating roofs and not to 
storage tanks with fixed roofs. EPA, in both the February 3, 2004 
rulemaking promulgating 40 CFR part 63, subpart EEEE, and in the July 
28, 2006 rulemaking promulgating amendments to 40 CFR part 63, subpart 
EEEE, inadvertently failed to revise Sec.  63.2358 to reflect its 
intent to apply the ``up to 10 years'' compliance provision to only the 
``floating roof'' work practice standard.
    As the current regulation stands, owners and operators seeking to 
comply with the work practice standards for storage tanks would have 
``up to 10 years'' to demonstrate initial compliance if they elect to 
comply by routing the emissions to a fuel gas system or back to a 
process or by using a vapor balancing system. This was never EPA's 
intent for these two types of work practice standards. EPA points out 
that these same types of work practice standards are allowed for 
transfer racks, and the rule is unambiguous that demonstration of 
initial compliance is required within 180 days after the compliance 
date of February 3, 2007.
    To correct this oversight, EPA is clarifying that the ``up to 10-
year'' demonstration of initial compliance date applies only when a 
floating roof is used to comply with 40 CFR part 63, subpart EEEE, and 
inserting the actual date ``February 3, 2014'' into the rule text. In 
addition, the intended compliance date has past (180 days after the 
compliance date of February 3, 2007) to demonstrate initial compliance 
if they elect to route storage tank emissions to a fuel system or back 
to a process or to use vapor balancing. Because facilities will need 
time to plan and install equipment and affected sources had up to 3 
years to comply with the original rule, we are specifying the 
compliance date for routing storage tank emissions to a fuel gas system 
or back to a process or to use vapor balancing to be 3 years from this 
notice. However, we retain and still require compliance by ``the next 
time the storage tank is emptied and degassed, but not later than'' 3 
years from this notice.

C. Monitoring of Vapor Balancing System Components With the Potential 
To Leak

    Table 10 to 40 CFR part 63, subpart EEEE addresses continuous 
compliance requirements, in part, for vapor balancing systems when used 
for transfer racks and storage tanks. EPA has received a question 
concerning the relationship between the continuous compliance 
requirements for vapor balancing systems and those for equipment leak 
components.

[[Page 21828]]

    For vapor balancing systems, there are two places in 40 CFR part 
63, subpart EEEE that identify compliance requirements--Table 10 and 
Sec.  63.2346(a)(4)(v). As found in item 4.b.i to Table 10, the 
continuous compliance requirement for a transfer rack using a vapor 
balancing system reads:
    ``Monitoring each potential source of vapor leakage in the system 
quarterly during the loading of a transport vehicle or the filling of a 
container using the methods and procedures described in the rule 
requirements selected for the work practice standard for equipment leak 
components as specified in Table 4 to subpart EEEE, item 4. An 
instrument reading of 500 ppmv defines a leak. Repair of leaks is 
performed according to the repair requirements specified in your 
selected equipment leak standards.''
    Paragraph (a)(4)(v) of Sec.  63.2346 identifies leak detection and 
repair (LDAR) requirements for pressure relief devices used in vapor 
balancing systems. The current rule language is, at best, ambiguous as 
to the relationship of this paragraph and the language in Table 10.
    For equipment leak components, which are defined in 40 CFR part 63, 
subpart EEEE as pumps, valves, and sampling connections, the owner or 
operator selects one of three 40 CFR part 63 subparts, as specified in 
item 4 of Table 4. These three subparts identify LDAR provisions that 
are to be applied to pumps, valves, and sampling connections.
    To clarify the intended relationship between these various 
provisions, the phrase ``each potential source of vapor leakage'' is 
intended to apply to any and all equipment in the vapor balancing 
system that may leak, including, but not limited to pumps, valves, and 
sampling connections. For all such equipment, the owner or operator is 
to apply the applicable provisions found in the equipment leak standard 
selected by the owner or operator to comply with the equipment leak 
components. This could mean that an owner or operator may be applying 
LDAR requirements found in the selected 40 CFR part 63 subpart for 
components other than a pump, valve, or sampling connection. If the 
vapor balancing system has a pressure relief valve, however, the owner 
or operator would comply with the LDAR provisions for pressure relief 
valves found in Sec.  63.2346(a)(4)(v). For equipment leak components 
(as defined in 40 CFR part 63, subpart EEEE) that are not part of a 
vapor balancing system, continuous compliance is demonstrated as 
specified in item 5 to Table 10.
    To clarify these relationships, EPA is revising item 4.b.i in Table 
10 or 40 CFR part 63, subpart EEEE to read as follows:
    ``Except for pressure relief devices, monitoring each potential 
source of vapor leakage in the system, including, but not limited to 
pumps, valves, and sampling connections, quarterly during the loading 
of a transport vehicle or the filling of a container using the methods 
and procedures described in the rule requirements selected for the work 
practice standard for equipment leak components as specified in Table 4 
to this subpart, item 4. An instrument reading of 500 ppmv defines a 
leak. Repair of leaks is performed according to the repair requirements 
specified in your selected equipment leak standards. For pressure 
relief devices, comply with Sec.  63.2346(a)(4)(v). If no loading of a 
transport vehicle or filling of a container occurs during a quarter, 
then monitoring of the vapor balancing system is not required.''
    Finally, item 6.b.i to Table 10 of 40 CFR part 63, subpart EEEE 
addresses the same vapor balancing system monitoring requirements, but 
for storage tanks. EPA is making the same changes as in item 4.b.i to 
Table 10. EPA is also making one additional change. As the rule 
currently reads, item 6.b.i refers to ``monitoring each potential 
source of vapor leakage in the system quarterly during the loading of a 
transport vehicle or the filling of a container.'' This item should be 
referring to the loading of a storage tank and not the loading of a 
transport vehicle or the filling or a container. Therefore, EPA is also 
correcting this incorrect reference.

D. Format, Grammatical, and Typographical Errors

    1. In Table 2, item 9.b.ii or 40 CFR part 63, subpart EEEE should 
have been placed on a separate line rather than on the same line as the 
end of item 9.b.i. For clarity, item 9.b.ii has been reformatted so 
that it starts on its own line.
    2. In Table 5 of 40 CFR part 63, subpart EEEE, the first two 
columns associated with item b. were incorrectly placed under the 
headings ``According to * * *'' and ``Using * * *''. They should have 
been placed under the headings, respectively, ``You must conduct * * 
*'' and ``According to * * *''.
    3. In Table 6, item 1 of 40 CFR part 63, subpart EEEE, the first 
column cross-references items 1 through 6 in Table 2. The sentence, 
therefore, should refer to ``meeting any set of tank capacity and 
liquid organic HAP vapor pressure criteria'' rather to ``meeting either 
set.''
    4. In Table 6 of 40 CFR part 63, subpart EEEE, the second column of 
item 1 states, in part, ``or as an option for combustion devices to an 
exhaust concentration of <=20 ppmv.'' The word ``nonflare'' was 
inadvertently omitted from this sentence. This sentence is revised to 
read, in part, ``or as an option for nonflare combustion devices to an 
exhaust concentration of <=20 ppmv.'' This makes the sentence 
consistent with the other items in Table 6.
    5. In Table 7 of 40 CFR part 63, subpart EEEE, three typographical 
errors are being corrected from the July 28, 2006, FR notice. In item 
1.a.i, ``perform'' was misspelled as ``perofrm.''. In item 1.c.i, the 
cross-reference was incorrectly identified as Sec.  3.2346(a)(4); the 
correct cross-reference is Sec.  63.2346(a)(4). In item 2.a.i, 
``primary'' was misspelled as ``priamry.''
    6. Section 63.2343(d) currently reads: ``If one or more of the 
events identified in paragraphs (d)(1) through (4) of this section 
occur since the filing of the Notification of Compliance Status or the 
last Compliance report, you must submit a subsequent Compliance report 
as specified in paragraphs (b)(3) and (c)(3) of this section.'' The 
cross-references to paragraphs (b)(3) and (c)(3) are incorrect. The 
correct cross-references are paragraphs (b)(2) and (c)(2). The direct 
final rule makes this correction.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The final amendments clarify, but do not add requirements increasing 
the collection burden. However, the Office of Management and Budget 
(OMB) has previously approved the information collection requirements 
contained in the existing regulations at 40 CFR part 63, subpart EEEE 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et 
seq., and has assigned OMB control number 2060-0539. The OMB control 
numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare

[[Page 21829]]

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 final 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 not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    The final 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.

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, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to 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 us to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, 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 us to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before we establish any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, we must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of 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.
    EPA has determined that these 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 one year. These final rule amendments clarify 
certain provisions and correct typographical errors in the rule text 
for a rule EPA determined not to include a Federal mandate that may 
result in an estimated cost of $100 million or more (69 FR 5061, 
February 3, 2004). These clarifications do not change the level or cost 
of the standard, except, in some cases, reduce the cost of testing for 
combustion control devices at some facilities using that option. Thus, 
these final rule amendments are not subject to the requirements of 
section 202 and 205 of the UMRA. EPA has determined that these final 
rule amendments contain no regulatory requirements that might 
significantly or uniquely affect small governments. These final rule 
amendments clarify certain provisions and correct typographical errors 
in the rule text, thus, should not affect small governments.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999) requires 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.''
    These 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. They provide 
clarification and correct typographical errors. These changes do not 
modify existing or create new responsibilities among EPA Regional 
Offices, States, or local enforcement agencies. Thus, Executive Order 
13132 does not apply to these final rule amendments.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires 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.'' These final rule amendments 
do not have tribal implications, as specified in Executive Order 13175. 
They will not have substantial direct effects on tribal governments, on 
the relationship between the Federal government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes. Thus, Executive Order 13175 does not 
apply to these final rule amendments.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the 
Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it is based 
solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These final rule amendments are not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (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)

[[Page 21830]]

directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. VCS are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by VCS bodies. NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable VCS.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any VCS.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that these final rule amendments will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. These final rule amendments do not relax the control 
measures on sources regulated by the rule and, therefore, will not 
cause emissions increases from these sources.

K. 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. EPA will submit a report containing the 
final rule amendments and other required information to the United 
States Senate, the United States House of Representatives, and the 
Comptroller General of the United States prior to publication of the 
final rule amendments in the Federal Register. A major rule cannot take 
effect until 60 days after it is published in the Federal Register. 
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). 
These final rule amendments will be effective on July 22, 2008.

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.


0
For the reasons set out in the preamble, title 40, chapter I, part 63 
of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart EEEE--[Amended]

0
2. Section 63.2343 is amended by revising paragraph (d) introductory 
text to read as follows:


Sec.  63.2343  What are my requirements for emission sources not 
requiring control?

* * * * *
    (d) If one or more of the events identified in paragraphs (d)(1) 
through (4) of this section occur since the filing of the Notification 
of Compliance Status or the last Compliance report, you must submit a 
subsequent Compliance report as specified in paragraphs (b)(2) and 
(c)(2) of this section.
* * * * *

0
3. Section 63.2346 is amended by revising paragraph (f) to read as 
follows:


Sec.  63.2346  What emission limitations, operating limits, and work 
practice standards must I meet?

* * * * *
    (f) For noncombustion devices, if you elect to demonstrate 
compliance with a percent reduction requirement in Table 2 to this 
subpart using total organic compounds (TOC) rather than organic HAP, 
you must first demonstrate, subject to the approval of the 
Administrator, that TOC is an appropriate surrogate for organic HAP in 
your case; that is, for your storage tank(s) and/or transfer rack(s), 
the percent destruction of organic HAP is equal to or higher than the 
percent destruction of TOC. This demonstration must be conducted prior 
to or during the initial compliance test.
* * * * *

0
4. Section 63.2358 is amended by revising paragraphs (b)(1) and (c)(1) 
to read as follows:


Sec.  63.2358  By what date must I conduct performance tests and other 
initial compliance demonstrations?

* * * * *
    (b)(1) For storage tanks and transfer racks at existing affected 
sources complying with the emission limitations listed in Table 2 to 
this subpart or with the work practice standards in items 1.b or 1.c in 
Table 4 to this subpart, you must demonstrate initial compliance with 
the emission limitations the next time the storage tank is emptied and 
degassed, but not later than April 25, 2011.
* * * * *
    (c)(1) For storage tanks at existing affected sources complying 
with the work practice standard in item 1.a in Table 4 to this subpart, 
you must conduct your initial compliance demonstration the next time 
the storage tank is emptied and degassed, but not later than February 
3, 2014.
* * * * *

0
5. Table 2 to Subpart EEEE of Part 63 is amended by revising entry 9. 
to read as follows:
* * * * *

          Table 2 to Subpart EEEE of Part 63.--Emission Limits
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------

                              * * * * * * *
9. A transfer rack at a new   a. The total Table 1  i. See the
 facility where the total      organic HAP content   requirements in
 actual annual facility-       of the organic        items 7.a.i and
 level organic liquid          liquid being loaded   7.a.ii of this
 loading volume through        through one or more   table.
 transfer racks is less than   of the transfer
 800,000 gallons.              rack's arms is at
                               least 25 percent by
                               weight and is being
                               loaded into a
                               transport vehicle.

[[Page 21831]]


                              b. One or more of     i. For all such
                               the transfer rack's   loading arms at the
                               arms is filling a     rack during the
                               container with a      loading of organic
                               capacity equal to     liquids, comply
                               or greater than 55    with the provisions
                               gallons.              of Sec.  Sec.
                                                     63.924 through
                                                     63.927 of 40 CFR
                                                     part 63, Subpart
                                                     PP--National
                                                     Emission Standards
                                                     for Containers,
                                                     Container Level 3
                                                     controls; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item
                                                     3.a of Table 4 to
                                                     this subpart.

                              * * * * * * *
------------------------------------------------------------------------


0
6. Table 5 to Subpart EEEE of Part 63 is amended by revising entry 1. 
to read as follows:
* * * * *

                             Table 5 to Subpart EEEE of Part 63.--Requirements for Performance Tests and Design Evaluations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                      According to the
             For . . .               You must conduct . . .    According to . . .         Using . . .         To determine . . .         following
                                                                                                                                     requirements . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Each existing, each               a. A performance test   i. Sec.                 (1) EPA Method 1 or    (A) Sampling port      (i) Sampling sites
 reconstructed, and each new          to determine the        63.985(b)(1)(ii),       1A in appendix A-1     locations and the      must be located at
 affected source using a nonflare     organic HAP (or, upon   Sec.   63.988(b),       of 40 CFR part 60,     required number of     the inlet and outlet
 control device to comply with an     approval, TOC)          Sec.   63.990(b), or    as appropriate.        traverse points.       of each control
 emission limit in Table 2 to this    control efficiency of   Sec.   63.995(b).                                                     device if complying
 subpart, items 1 through 10.         each nonflare control                                                                         with the control
                                      device, OR the                                                                                efficiency
                                      exhaust concentration                                                                         requirement or at
                                      of each combustion                                                                            the outlet of the
                                      device; OR.                                                                                   control device if
                                                                                                                                    complying with the
                                                                                                                                    exhaust
                                                                                                                                    concentration
                                                                                                                                    requirement; AND
                                                                                                                                   (ii) the outlet
                                                                                                                                    sampling site must
                                                                                                                                    be located at each
                                                                                                                                    control device prior
                                                                                                                                    to any releases to
                                                                                                                                    the atmosphere.
                                                                                     (2) EPA Method 2, 2A,  (A) Stack gas          See the requirements
                                                                                      2C, 2D, or 2F in       velocity and           in items
                                                                                      appendix A-1 of 40     volumetric flow rate.  1.a.i.(1)(A)(i) and
                                                                                      CFR part 60, or EPA                           (ii) of this table.
                                                                                      Method 2G in
                                                                                      appendix A-2 of 40
                                                                                      CFR part 60, as
                                                                                      appropriate.
                                                                                     (3) EPA Method 3 or    (A) Concentration of   See the requirements
                                                                                      3B in appendix A-2     CO2 and O2 and dry     in items
                                                                                      of 40 CFR part 60,     molecular weight of    1.a.i.(1)(A)(i) and
                                                                                      as appropriate.        the stack gas.         (ii) of this table.
                                                                                     (4) EPA Method 4 in    (A) Moisture content   See the requirements
                                                                                      appendix A-3 of 40     of the stack gas.      in items
                                                                                      CFR part 60.                                  1.a.i.(1)(A)(i) and
                                                                                                                                    (ii) of this table.

[[Page 21832]]


                                                                                     (5) EPA Method 18 in   (A) Total organic HAP  (i) The organic HAP
                                                                                      appendix A-6 of 40     (or, upon approval,    used for the
                                                                                      CFR part 60, or EPA    TOC), or               calibration gas for
                                                                                      Method 25 or 25A in    formaldehyde           EPA Method 25A in
                                                                                      appendix A-7 of 40     emissions.             appendix A-7 of 40
                                                                                      CFR part 60, as                               CFR part 60 must be
                                                                                      appropriate, or EPA                           the single organic
                                                                                      Method 316 in                                 HAP representing the
                                                                                      appendix A of 40 CFR                          largest percent by
                                                                                      part 63 for                                   volume of emissions;
                                                                                      measuring form-                               AND
                                                                                      aldehyde.                                    (ii) During the
                                                                                                                                    performance test,
                                                                                                                                    you must establish
                                                                                                                                    the operating
                                                                                                                                    parameter limits
                                                                                                                                    within which total
                                                                                                                                    organic HAP (or,
                                                                                                                                    upon approval, TOC)
                                                                                                                                    emissions are
                                                                                                                                    reduced by the
                                                                                                                                    required weight-
                                                                                                                                    percent or, as an
                                                                                                                                    option for nonflare
                                                                                                                                    combustion devices,
                                                                                                                                    to 20 ppmv exhaust
                                                                                                                                    concentration.
                                     b. A design evaluation  Sec.   63.985(b)(1)(i)  .....................  .....................  During a design
                                      (for nonflare control                                                                         evaluation, you must
                                      devices) to determine                                                                         establish the
                                      the organic HAP (or,                                                                          operating parameter
                                      upon approval, TOC)                                                                           limits within which
                                      control efficiency of                                                                         total organic HAP,
                                      each nonflare control                                                                         (or, upon approval,
                                      device, or the                                                                                TOC) emissions are
                                      exhaust concentration                                                                         reduced by at least
                                      of each combustion                                                                            95 weight-percent
                                      control device.                                                                               for storage tanks or
                                                                                                                                    98 weight-percent
                                                                                                                                    for transfer racks,
                                                                                                                                    or, as an option for
                                                                                                                                    nonflare combustion
                                                                                                                                    devices, to 20 ppmv
                                                                                                                                    exhaust
                                                                                                                                    concentration

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
7. Table 6 to Subpart EEEE of Part 63 is amended by revising entry 1. 
to read as follows:
* * * * *

[[Page 21833]]



  Table 6 to Subpart EEEE of Part 63.--Initial Compliance With Emission
                                 Limits
------------------------------------------------------------------------
                                                          You have
       For each . . .           For the following   demonstrated initial
                              emission limit . . .   compliance if . . .
------------------------------------------------------------------------
1. Storage tank at an         Reduce total organic  Total organic HAP
 existing, reconstructed, or   HAP (or, upon         (or, upon approval,
 new affected source meeting   approval, TOC)        TOC) emissions,
 any set of tank capacity      emissions by at       based on the
 and liquid organic HAP        least 95 weight-      results of the
 vapor pressure criteria       percent, or as an     performance testing
 specified in Table 2 to       option for nonflare   or design
 this subpart, items 1         combustion devices    evaluation
 through 6.                    to an exhaust         specified in Table
                               concentration of      5 to this subpart,
                               <=20 ppmv.            item 1.a or 1.b,
                                                     respectively, are
                                                     reduced by at least
                                                     95 weight-percent
                                                     or as an option for
                                                     nonflare combustion
                                                     devices to an
                                                     exhaust
                                                     concentration <=20
                                                     ppmv.

                              * * * * * * *
------------------------------------------------------------------------


0
8. Table 7 to Subpart EEEE of Part 63 is amended by revising entries 1. 
and 2. to read as follows:

    Table 7 to Subpart EEEE of Part 63.--Initial Compliance With Work
                           Practice Standards
------------------------------------------------------------------------
                                                          You have
       For each . . .             If you . . .      demonstrated initial
                                                     compliance if . . .
------------------------------------------------------------------------
1. Storage tank at an         a. Install a          i. After emptying
 existing affected source      floating roof or      and degassing, you
 meeting either set of tank    equivalent control    visually inspect
 capacity and liquid organic   that meets the        each internal
 HAP vapor pressure criteria   requirements in       floating roof
 specified in Table 2 to       Table 4 to this       before the
 this subpart, items 1 or 2.   subpart, item 1.a.    refilling of the
                                                     storage tank and
                                                     perform seal gap
                                                     inspections of the
                                                     primary and
                                                     secondary rim seals
                                                     of each external
                                                     floating roof
                                                     within 90 days
                                                     after the refilling
                                                     of the storage
                                                     tank.
                              b. Route emissions    i. You meet the
                               to a fuel gas         requirements in
                               system or back to a   Sec.   63.984(b)
                               process.              and submit the
                                                     statement of
                                                     connection required
                                                     by Sec.
                                                     63.984(c).
                              c. Install and,       i. You meet the
                               during the filling    requirements in
                               of the storage tank   Sec.
                               with organic          63.2346(a)(4).
                               liquids, operate a
                               vapor balancing
                               system.
2. Storage tank at a          a. Install a          i. You visually
 reconstructed or new          floating roof or      inspect each
 affected source meeting any   equivalent control    internal floating
 set of tank capacity and      that meets the        roof before the
 liquid organic HAP vapor      requirements in       initial filling of
 pressure criteria specified   Table 4 to this       the storage tank,
 in Table 2 to this subpart,   subpart, item 1.a.    and perform seal
 items 3 through 5.                                  gap inspections of
                                                     the primary and
                                                     secondary rim seals
                                                     of each external
                                                     floating roof
                                                     within 90 days
                                                     after the initial
                                                     filling of the
                                                     storage tank.
                              b. Route emissions    i. See item 1.b.i of
                               to a fuel gas         this table.
                               system or back to a
                               process.
                              c. Install and,       i. See item 1.c.i of
                               during the filling    this table.
                               of the storage tank
                               with organic
                               liquids, operate a
                               vapor balancing
                               system.

                              * * * * * * *
------------------------------------------------------------------------

0
9. Table 10 to Subpart EEEE of Part 63 is amended by revising entries 
4. and 6. to read as follows:
* * * * *

  Table 10 to Subpart EEEE of Part 63.--Continuous Compliance With Work
                           Practice Standards
------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
       For each . . .            standard . . .      compliance by . . .

------------------------------------------------------------------------

                              * * * * * * *
4. Transfer rack that is      a. Ensure that        i. Ensuring that
 subject to control based on   organic liquids are   organic liquids are
 the criteria specified in     loaded into           loaded into
 Table 2 to this subpart,      transport vehicles    transport vehicles
 items 7 through 10, at an     in accordance with    in accordance with
 existing, reconstructed, or   the requirements in   the requirements in
 new affected source.          Table 4 to this       Table 4 to this
                               subpart, items 5 or   subpart, items 5 or
                               6, as applicable.     6, as applicable.

[[Page 21834]]


                              b. Install and,       i. Except for
                               during the loading    pressure relief
                               of organic liquids,   devices, monitoring
                               operate a vapor       each potential
                               balancing system.     source of vapor
                                                     leakage in the
                                                     system, including,
                                                     but not limited to
                                                     pumps, valves, and
                                                     sampling
                                                     connections,
                                                     quarterly during
                                                     the loading of a
                                                     transport vehicle
                                                     or the filling of a
                                                     container using the
                                                     methods and
                                                     procedures
                                                     described in the
                                                     rule requirements
                                                     selected for the
                                                     work practice
                                                     standard for
                                                     equipment leak
                                                     components as
                                                     specified in Table
                                                     4 to this subpart,
                                                     item 4. An
                                                     instrument reading
                                                     of 500 ppmv defines
                                                     a leak. Repair of
                                                     leaks is performed
                                                     according to the
                                                     repair requirements
                                                     specified in your
                                                     selected equipment
                                                     leak standards. For
                                                     pressure relief
                                                     devices, comply
                                                     with Sec.
                                                     63.2346(a)(4)(v).
                                                     If no loading of a
                                                     transport vehicle
                                                     or filling of a
                                                     container occurs
                                                     during a quarter,
                                                     then monitoring of
                                                     the vapor balancing
                                                     system is not
                                                     required.
                              c. Route emissions    i. Continuing to
                               to a fuel gas         meet the
                               system or back to a   requirements
                               process.              specified in Sec.
                                                     63.984(b).

                              * * * * * * *
6. Storage tank at an         a. Route emissions    i. Continuing to
 existing, reconstructed, or   to a fuel gas         meet the
 new affected source meeting   system or back to     requirements
 any of the tank capacity      the process.          specified in Sec.
 and vapor pressure criteria                         63.984(b).
 specified in Table 2 to
 this subpart, items 1
 through 6.
                              b. Install and,       i. Except for
                               during the filling    pressure relief
                               of the storage tank   devices, monitoring
                               with organic          each potential
                               liquids, operate a    source of vapor
                               vapor balancing       leakage in the
                               system.               system, including,
                                                     but not limited to
                                                     pumps, valves, and
                                                     sampling
                                                     connections,
                                                     quarterly during
                                                     the loading of a
                                                     storage tank using
                                                     the methods and
                                                     procedures
                                                     described in the
                                                     rule requirements
                                                     selected for the
                                                     work practice
                                                     standard for
                                                     equipment leak
                                                     components as
                                                     specified in Table
                                                     4 to this subpart,
                                                     item 4. An
                                                     instrument reading
                                                     of 500 ppmv defines
                                                     a leak. Repair of
                                                     leaks is performed
                                                     according to the
                                                     repair requirements
                                                     specified in your
                                                     selected equipment
                                                     leak standards. For
                                                     pressure relief
                                                     devices, comply
                                                     with Sec.
                                                     63.2346(a)(4)(v).
                                                     If no loading of a
                                                     transport vehicle
                                                     or filling of a
                                                     container occurs
                                                     during a quarter,
                                                     then monitoring of
                                                     the vapor balancing
                                                     system is not
                                                     required.
------------------------------------------------------------------------

[FR Doc. E8-8810 Filed 4-22-08; 8:45 am]

BILLING CODE 6560-50-P
