
[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Proposed Rules]               
[Page 35990-35991]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn08-40]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0406, FRL-8684-7]
RIN 2060-AM74

 
National Emission Standards for Hazardous Air Pollutants for 
Source Category: Gasoline Dispensing Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the National Emission Standards for 
Hazardous Air Pollutants for Source Category: Gasoline Dispensing 
Facilities, which EPA promulgated on January 10, 2008, and amended on 
March 7, 2008. The January 10, 2008 rule established national emission 
standards for hazardous air pollutants for the facilities in the 
gasoline distribution (Stage I) area source category. This action only 
affects area source gasoline dispensing facilities with a monthly 
throughput of 100,000 gallons of gasoline or more. In this action, EPA 
is proposing to amend the pressure and vacuum vent valve cracking 
pressure and leak rate requirements for vapor balance systems used to 
control emissions from gasoline storage tanks at gasoline dispensing 
facilities. Newly constructed or reconstructed gasoline dispensing 
facilities must comply with the new vapor balance system requirements 
as explained in the parallel direct final rule published in today's 
Regulations and Rules section of this Federal Register.

DATES: Comments. Written comments must be received on or before August 
11, 2008.
    Public Hearing. If anyone contacts EPA requesting to speak at a 
public hearing by July 7, 2008, a public hearing will be held on July 
10, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0406, by mail to Air and Radiation Docket (2822T), 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total 
of two copies. Comments may also be submitted electronically or through 
hand delivery/courier by following the detailed instructions in the 
ADDRESSES section of the direct final rule located in the rules section 
of this Federal Register.
    We request that you also send a separate copy of each comment to 
the

[[Page 35991]]

contact persons listed below (see FOR FURTHER INFORMATION CONTACT).

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. Maria Malave, Office of Compliance, Air 
Compliance Branch (2223A), EPA, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, telephone: (202) 564-7027, facsimile 
number: (202) 564-0050, e-mail address: malave.maria@epa.gov.

SUPPLEMENTARY INFORMATION: 
    Why is EPA issuing this proposed rule? This document proposes to 
take action on the National Emission Standards for Hazardous Air 
Pollutants for Source Category: Gasoline Dispensing Facilities. Based 
on our discussions with industry stakeholders, we have concluded that 
pressure and vacuum (PV) vent valves capable of meeting the 
requirements in entry 1.(g) of Table 1 to subpart CCCCCC in the January 
10, 2008 final rule (73 FR 1916) are not currently manufactured and 
thus are not available to affected sources. Therefore, we are proposing 
to amend the PV vent valve cracking pressure and leak rate requirements 
for vapor balance systems used to control emissions from gasoline 
storage tanks at gasoline dispensing facilities. We have published a 
parallel direct final rule in the Regulations and Rules section of this 
Federal Register because we view this as a noncontroversial action and 
anticipate no adverse comment. We have explained our reasons for this 
action in the preamble to the direct final rule. Newly constructed or 
reconstructed gasoline dispensing facilities are proposed to comply 
with the new vapor balance system requirements as explained in the 
parallel direct final rule. Existing sources must comply with the new 
vapor balance system requirements by the compliance date contained in 
the January 10, 2008 final rule, which is January 10, 2011. The 
compliance dates for all other requirements in the January 10, 2008 
final rule remain unchanged for both new and existing sources.
    If we receive no adverse comment and no request for a public 
hearing on the parallel direct final rule, we will not take further 
action on this proposed rule. If we receive adverse comment on a 
distinct portion of the direct final rule, we will withdraw that 
portion of the rule and it will not take effect. In this instance, we 
would address all public comments in any subsequent final rule based on 
this proposed rule.
    If we receive adverse comment on a distinct provision of the direct 
final rule, we will publish a timely withdrawal in the Federal Register 
indicating which provisions we are withdrawing. The provisions that are 
not withdrawn will become effective on the date set out in the direct 
final rule, notwithstanding adverse comment on any other provision.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting, must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

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                                                  Examples of regulated
             Category                NAICS *            entities
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Industry.........................       447110  Operations at area
                                        447190   source gasoline
                                                 dispensing facilities.
Federal/State/local/tribal
 governments.
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* North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR part 63, 
subpart CCCCCC. If you have any questions regarding the applicability 
of this action 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.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
Janet Eck, U.S. EPA, Office of Air Quality Planning and Standards, 
Sector Policies and Programs Division, Coatings and Chemicals Group 
(E143-01), Research Triangle Park, NC 27711; telephone number: (919) 
541-7946, e-mail address: eck.janet@epa.gov, at least 2 days in advance 
of the potential date of the public hearing. 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 July 7, 2008 this hearing will be cancelled 
without further notice.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposal will also be available through 
the WWW. Following the Administrator's signature, a copy of this action 
will be posted on EPA's Technology Transfer Network (TTN) policy and 
guidance page for newly proposed or promulgated rules http://
www.epa.gov/ttn/oarpg/. The TTN at EPA's Web site provides information 
and technology exchange in various areas of air pollution control.

Statutory and Executive Order Reviews

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of this Federal Register.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: June 19, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-14373 Filed 6-24-08; 8:45 am]

BILLING CODE 6560-50-P
