
[Federal Register: July 17, 2008 (Volume 73, Number 138)]
[Rules and Regulations]               
[Page 40977-40982]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy08-13]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2003-0138; FRL-8693-9]
RIN 2060-AO99

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; partial withdrawal of direct final rule; 
amendments.

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SUMMARY: EPA published proposed and direct final rule amendments on 
April 23, 2008, of 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. Because 
adverse comments were received on two of the April 23, 2008, proposed 
and direct final rule amendments, EPA is withdrawing the two 
corresponding regulatory amendments in the direct final rule before 
they become effective on July 22, 2008. The other regulatory amendments 
discussed in the direct final rule, for which we did not receive any 
adverse comments, will become effective on July 22, 2008, as we stated 
in that notice. In addition, in this action EPA is promulgating final 
rule amendments regarding the provisions that were commented upon and 
withdrawn, and responds to the adverse comments we received. 
Additionally we are correcting typographical errors that we have 
identified in other sections of the rule text that were not addressed 
in the April 23, 2008, notices.

DATES: As of July 17, 2008, EPA withdraws the direct final rule 
revision for 40 CFR 63.2358(b)(1) and (c)(1), and Table 10 to Subpart 
EEEE of Part 63 entries 4. and 6., published on April 23, 2008 (79 FR 
21825). The final rule amendments in this action are effective on July 
17, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2003-0138. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information 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.

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:
    Outline: The information presented in this preamble is organized as 
follows:

I. General Information
II. Background
III. What action is EPA taking?
IV. Withdrawal of Two Direct Final Rule Amendments
V. Rationale for These Final Rule Amendments
    A. Storage Tank Compliance Date
    B. Monitoring of Storage Tank Pressure Relief Devices
    C. Typographical Errors
VI. 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. General Information

A. Does this action apply to me?

    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
                                                       32411, 49311, 49319,   transfer organic liquids into or
                                                        48611, 42269, 42271   out of the plant site, including:
                                                                              liquid storage terminals, crude
                                                                              oil pipeline stations, petroleum
                                                                              refineries, chemical manufacturing
                                                                              facilities, and other
                                                                              manufacturing facilities with
                                                                              collocated OLD operations.

[[Page 40978]]


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.

B. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this final rule is also available on the Worldwide Web 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.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of this final rule is available only by filing a petition for review in 
the United States Court of Appeals for the District of Columbia Circuit 
by September 15, 2008. Under section 307(b)(2) of the CAA, the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review.'' This section also 
provides a mechanism for us to convene a proceeding for 
reconsideration, ``[i]f the person raising an objection can demonstrate 
to the Administrator that it was impracticable to raise such objection 
within [the period for public comment] or if the grounds for such 
objection arose after the period for public comment (but within the 
time specified for judicial review) and if such objection is of central 
relevance to the outcome of the rule.'' Any person seeking to make such 
a demonstration to us should submit a Petition for Reconsideration to 
the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios 
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a 
copy to both the persons(s) listed in the preceding FOR FURTHER 
INFORMATION CONTACT section, and the Associate General Counsel for the 
Air and Radiation Law Office, Office of General Counsel (Mail Code 
2344A), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

II. 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 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 FR 69210). 
On July 28, 2006 (71 FR 42898), EPA promulgated amendments to subpart 
EEEE based on consideration of the comments received on the proposed 
amendments.
    On April 23, 2008 (79 FR 21825 and 21889, respectively), we 
published a direct final rule and parallel proposed amendments to 
clarify combustion control device compliance requirements, certain 
storage tank control compliance dates, and vapor balance system 
monitoring requirements. In addition, we corrected several rule text 
format, grammatical, and typographical errors.

III. What action is EPA taking?

    In summary, under this action, we are withdrawing two of the 
amendments we proposed through direct final action on April 23, 2008. 
Also, under this action, we are promulgating final amendments to 
respond to the adverse comments we received regarding the regulatory 
provisions addressed by those comments. Additionally, we are correcting 
typographical errors found in the rule text, which were not discussed 
in the April 23, 2008, direct final rule and proposed amendments but 
have subsequently been identified.

IV. Withdrawal of Two Direct Final Rule Amendments

    In the April 23, 2008, direct final rule we said that if we 
received adverse comments, we would publish a timely withdraw in the 
Federal Register informing the public that this rule, or the relevant 
section of this rule, will not take effect. We also stated that the 
provisions that are not withdrawn would become effective on July 22, 
2008, notwithstanding adverse comment on any other provision, unless we 
determined that it would not be appropriate to promulgate those 
provisions due to their possibly being affected by the adverse comments 
(73 FR at 21825-26). We have determined that the comments we received 
affect only the specific regulatory amendments that were addressed by 
those comments, and not the other provisions in the direct final 
amendments. Accordingly, we are withdrawing only the amendments on 
which we received adverse comments.
    Before the comment period for the April 23, 2008, direct final rule 
and parallel proposal ended on June 9, 2008, we received one comment 
letter from industry objecting to how we presented the amended rule 
text for compliance dates for storage tanks in Sec.  63.2358(b)(1) and 
(c)(1), and the pressure relief device compliance provisions in items 
4. and 6. of Table 10 to Subpart EEEE of Part 63--Continuous Compliance 
with Work Practice Standards. Therefore, we are withdrawing those 
amendments. However, the amendments to regulatory provisions in the 
direct final rule for which we did not receive adverse comment will 
become effective on July 22, 2008. Also, as discussed below we are 
addressing the adverse comments received on the direct final rule and 
amending the corresponding provisions that were reflected in the direct 
final rule; these amendments are effective as of today. As stated in 
the parallel proposal, we will not institute a second comment period on 
this action.

[[Page 40979]]

V. Rationale for These Final Rule Amendments

A. Storage Tank Compliance Date

    As discussed in the April 23, 2008, direct final rule, we had 
intended that existing source storage tanks with floating roofs must 
comply with the rim seal requirements at the next degassing and 
cleaning activity or within 10 years after February 3, 2004 (by 
February 3, 2014), whichever occurs first, instead of requiring 
compliance within 3 years, as was required for other sources of 
emissions. However, the rule text of Sec.  63.2358(c)(1) for work 
practice standards in Table 4 incorrectly provided that all existing 
source storage tanks (floating and fixed roof) must comply no later 
than 10 years after February 3, 2004. Therefore, in the April 23, 2008, 
direct final rule and parallel proposal, we would have amended the rule 
to implement our intent that the allowance for ``not later than 10 
years after February 3, 2004'' apply to floating roof storage tanks 
only. Additionally, in the April 23, 2008, direct final rule and 
parallel proposal we would have given fixed roof tanks 3 years (by 
April 25, 2011) to comply with the work practice standards since they 
need time to plan and install control equipment.
    We received a comment in which the commenter agreed with EPA's 
intent to clarify the initial compliance date for existing source 
storage tanks; however, the commenter said that the proposed language 
in Sec.  63.2358(b)(1) and (c)(1) does not clearly capture those 
requirements. The commenter also provided suggested rule text changes.
    We have considered the commenter's suggested revisions and agree 
with the commenter that the revision to Sec.  63.2358(b)(1) in the 
April 23, 2008, direct final rule did not adequately accomplish our 
intent in revising the rule. Therefore, with some modifications, we 
have incorporated the commenter's approach for clarifying the initial 
compliance demonstration dates. We also agree with the suggestion to 
clarify the rule by providing separate paragraphs (i) and (ii) under 
Sec.  63.2358(c)(1) to address floating roof storage tanks separately 
from storage tanks without floating roofs.
    In addition, we have decided that the requirements would be more 
clearly stated if we split the initial compliance dates for emission 
limits in Table 2, as specified in Sec.  63.2358(b)(1), into two 
separate paragraphs. The commenter thought that the existing rule text 
was correct instead of the proposed text, but we believe neither the 
proposed nor existing rule text is correct. As currently worded, 
section (b)(1) requires the initial compliance demonstration for 
storage tanks and transfer racks at existing affected sources complying 
with the emission limitations listed in Table 2 to be conducted within 
180 days after February 5, 2007. We do not wish to change this initial 
compliance demonstration date for transfer racks or for storage tanks 
that are complying with the 95 percent emission reduction requirement 
of Table 2, item a.i. However, we are changing the initial compliance 
demonstration date for storage tanks that are complying with the other 
requirements of Table 2 that are cross-referenced to the work practice 
standards in Table 4. We are adding paragraph (b)(1)(i) to clearly 
specify that storage tanks with an existing internal or external 
floating roof, complying with the rim seal requirements (item 1.a.ii. 
in Table 2 and item 1.a. in Table 4) must conduct the initial 
compliance demonstration the next time the storage tank is emptied and 
degassed, but not later than February 3, 2014. We are adding paragraph 
(b)(1)(ii) to specify that storage tanks complying with the other work 
practice standards (item 1.a.ii. or 6.a.ii in Table 2 and items 1.b., 
1.c., or 2. in Table 4) must comply within 180 days after April 25, 
2011.

B. Monitoring of Storage Tank Pressure Relief Devices

    In the April 23, 2008, direct final rule and parallel proposal, we 
intended to clarify how to monitor pressure relief devices for transfer 
racks and storage tanks under the vapor balancing and equipment leak 
provisions (Sec.  63.2346(a)(4)(v) and in Table 10 to Subpart EEEE of 
Part 63--Continuous Compliance with Work Practice Standards, 
respectively). We received a comment stating that in the April 23, 
2008, amendments the revised Table 10, item 4.b.i. incorrectly 
specifies that transfer rack vapor balance systems use the pressure 
relief device specification in Sec.  63.2346(a)(4)(v). The commenter 
stated that this quarterly pressure relief device specification only 
applies to pressure relief devices associated with storage tanks using 
the vapor balancing option and that adding this clarification for 
transfer racks to item 4.b.i. creates another requirement that was not 
initially specified.
    As discussed in the preamble to the April 23, 2008, direct final 
rule, our intent in revising Table 10 was to respond to questions 
concerning the relationship between the vapor balance system monitoring 
requirements for pressure relief devices in the rule text (Sec.  
63.2346(a)(4)(v)) and those in Table 10 (item 6.b.i.). Given that both 
Table 10 and the rule text of Sec.  63.2346 contained requirements for 
the monitoring of vapor balance systems, we made parallel 
clarifications to the storage tank and loading rack provisions. The 
commenter correctly points out, however, that the pressure relief 
requirements of Sec.  63.2346(a)(4)(v) apply only to storage tanks and 
not to transfer racks. Upon review of the existing cross-referenced 
requirement for transfer racks, we found that Table 10 (item 4.b.i.) 
already requires that the owner or operator implement monitoring 
requirements under either 40 CFR 63 subparts TT, UU, or H, similar to 
those already in this rule for storage tanks. Given the similar 
requirements, there is no need to add the transfer rack vapor balance 
provisions for pressure relief devices. Thus, in this final action we 
are not including amendments for monitoring pressure relief devices for 
transfer racks in item 4 of Table 10.
    The commenter also pointed out that the last sentence added to the 
monitoring requirements for storage tank vapor balance systems (item 
6.b.i. of Table 10) incorrectly includes requirements for loading of a 
transport vehicle and filling of a container, instead of a storage 
tank. We agree and have now reworded the sentence only to include 
storage tanks as follows: ``If no loading of a storage tank occurs 
during a quarter, then monitoring of the vapor balancing system is not 
required.'' Thus, with that modification, we are finalizing the 
amendments to pressure relief devices and monitoring of vapor balance 
systems for storage tanks (item 6.b.i. in Table 10) discussed in the 
direct final rule.

C. Typographical Errors

    When analyzing the two adverse comments, we found a typographical 
error in Sec.  63.2346(a)(4)(v) that incorrectly refers to Sec.  
63.2346(a)(4)(iv)(A) through (C), instead of Sec.  63.2346(a)(4)(v)(A) 
through (C). Additionally, a state agency representative pointed out a 
second typographical error in Sec.  63.2390(e)(2), (3), and (3)(ii) 
that incorrectly refers to Sec.  63.2348(a)(4)(v), (a)(4)(vi)(B), and 
(a)(4)(vi)(B), respectively, instead of Sec.  63.2346(a)(4)(v), 
(a)(4)(vi)(B), and (a)(4)(vi)(B). All the typographical errors were 
found in existing rule text that was not addressed in the notices 
published on April 23, 2008. We are making those corrections in this 
final rule.
    These corrections to typographical errors do not affect the 
substance of the rule, nor do they change the rights or obligations of 
any party. Rather, this action merely corrects certain technical errors 
in the references in the rule. Thus, it is proper to issue these

[[Page 40980]]

corrections to the rule without notice and comment. Section 553 of the 
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, 
when an agency for good cause finds that notice and public procedure 
are impracticable, unnecessary, or contrary to the public interest, the 
agency may issue a rule without providing notice and an opportunity for 
public comment. We have determined that there is good cause for making 
this action final without prior proposal and opportunity for comment 
because the changes to the rule are minor technical corrections, are 
noncontroversial, and do not substantively change the agency actions 
taken in today's final rule. Thus, notice and public procedure are 
unnecessary. We find that this constitutes good cause under 5 U.S.C. 
553(b)(B).

VI. 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 a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the APA 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 this rule 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.
    After considering the economic impacts of this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. These final 
rule amendments will not impose any new requirements on small entities, 
since we are clarifying rule text.

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 
one 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.
    This final rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector. 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. Thus, this final rule is not subject to the 
requirements of sections 202 and 205 of the UMRA.
    EPA has determined that this rule contains 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.''
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The amendments 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 this final rule.

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

[[Page 40981]]

tribal officials in the development of regulatory policies that have 
tribal implications.'' This final rule does not have tribal 
implications, as specified in Executive Order 13175. The amendments 
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 this rule.

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

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note) 
directs 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 this final rule 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 17, 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: July 10, 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. The amendments to Sec.  63.2358(b)(1) and (c)(1), and to entries 4. 
and 6. of TABLE 10 TO SUBPART EEEE OF PART 63-CONTINUOUS COMPLIANCE 
WITH WORK PRACTICE STANDARDS published on April 23, 2008 (79 FR 21825) 
are withdrawn as of July 17, 2008.


Sec.  63.2346  [Amended]

0
3. Section 63.2346 is amended in paragraph (a)(4)(v) introductory text 
by removing the citation ``(a)(4)(iv)(A) through (C)'' and adding in 
its place the citation ``(a)(4)(v)(A) through (C)''.

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, you must demonstrate initial compliance with the emission 
limitations within 180 days after February 5, 2007, except as provided 
in paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
    (i) For storage tanks with an existing internal or external 
floating roof, complying with item 1.a.ii. in Table 2 to this subpart 
and 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.
    (ii) For storage tanks complying with item 1.a.ii. or 6.a.ii in 
Table 2 of this subpart and item 1.b., 1.c., or 2. in Table 4 of this 
subpart, you must comply within 180 days after April 25, 2011.
* * * * *
    (c)(1) 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 as specified

[[Page 40982]]

in paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
    (i) For storage tanks with an existing internal or external 
floating roof, complying with item 1.a. in Table 4 of 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.
    (ii) For other storage tanks not specified in paragraph (c)(1)(i) 
of this section, you must comply within 180 days after April 25, 2011.
* * * * *


Sec.  63.2390  [Amended]

0
5. Section 63.2390 is amended as follows:
0
a. In paragraph (e)(2) by removing the citation ``Sec.  
63.2348(a)(4)(v)'' and adding in its place the citation ``Sec.  
63.2346(a)(4)(v)''.
0
b. In paragraph (e)(3) by removing the citation ``Sec.  
63.2348(a)(4)(vi)(B)'' and adding in its place the citation ``Sec.  
63.2346(a)(4)(vi)(B)''.
0
c. In paragraph (e)(3)(ii) by removing the citation ``Sec.  
63.2348(a)(4)(vi)(B)'' and adding in its place the citation ``Sec.  
63.2346(a)(4)(vi)(B)''.

0
6. Table 10 to Subpart EEEE of Part 63 is amended by revising entry 6. 
to read as follows:

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

                                                  * * * * * * *
6. Storage tank at an existing,       a. Route emissions to a fuel gas      i. Continuing to meet the
 reconstructed, or new affected        system or back to the process.        requirements specified in Sec.
 source meeting any of the tank                                              63.984(b).
 capacity and vapor pressure
 criteria specified in Table 2 to
 this subpart, items 1 through 6.
                                      b. Install and, during the filling    i. Except for pressure relief
                                       of the storage tank with organic      devices, monitoring each potential
                                       liquids, operate a vapor balancing    source of vapor 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 storage tank occurs
                                                                             during a quarter, then monitoring
                                                                             of the vapor balancing system is
                                                                             not required.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E8-16320 Filed 7-16-08; 8:45 am]

BILLING CODE 6560-50-P
